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AGMT - AKM Consulting Engineers Inc (Lampson Well Treatment System (WT1902) Construction Management and Inspection Services)
PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment System (WT1902) Construction Management and Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 AKM Consulting Engineers, Inc. 553 Wald Irvine, CA 92618 (949) 753-7333 This Professional Services Agreement ("the Agreement") is made as of July 25, 2022 (the "Effective Date"), by and between AKM Consulting Engineers, Inc. ("Consultant'), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional construction management and inspection services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued Request for Proposals on October 18, 2021, titled "Lampson Well Treatment System — Construction Management & Inspection Services," and Addendum 1 dated November 11, 2021 (collectively "RFP"). Consultant submitted a proposal dated November 15, 2021, and subsequently revised on July 1, 2022, in response to the RFP. C. Consultant represents that the principal members of its firm are qualified professionals and are fully qualified to perform the 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 Request for Proposals, 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, 2of19 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. 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 July 25, 2022 and shall remain in full force and effect until December 31, 2024, 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 B for the Services but in no event will the City pay more than the total not -to -exceed amount of $299,322.00 (Two Hundred Ninety -Nine Thousand Three Hundred Twenty -Two dollars and 00/100) for the 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. 3of19 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. Emin Kayiran is the Consultant's primary representative for purposes of this Agreement. Emin Kayiran shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant:. AKM Consulting Engineers, Inc. 553 Wald Irvine, CA 92618 Attn: Emin Kayiran 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 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 4of19 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 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 5of19 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 pensionreporting 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 (`PERE"), 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 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 6 of 19 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. 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, 7of19 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 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. 8of19 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. 9of19 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; v 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. , with 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. v 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. 10 of 19 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. x 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. 11 of 19 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 reduceor 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. 12 of 19 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 17.0. 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"), ih 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 13 of 19 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 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 defend, 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 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. 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 and 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, age, physical 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 C, 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. 15 of 19 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law 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. 16 of 19 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 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 itssole 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. 17 of 19 30.0 Non -Appropriation of Funds 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 Js 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 all provisions of this Agreement that specify a time for performance; provided, however,. that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 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. 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 r 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 18 of, 19 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. CITY OF SEAL BEACH By3YR. Jill R. Ingram, City M ager Attest: 0 v�QQ�8�ITEP' By: Gloria D. arper, i 2, y�f coin Approved as or By: a'g AeSteele, City Attorney CONSULTANT: AKM Consulting Engineers, Inc., a California corporation By: Name -r' eki Kayiran Its: President r By Name Mehmet Kayiran Chief Financial Officer (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 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 Request for Proposal Lampson Well Treatment System — Construction Management & Inspection Services (October 18, City of Seal Beach Request for Proposals for Lampson Well Treatment System - Construction Management & Inspection Services F � c 7.Z: 011AIT D i �k�/ RFP responses to be received until 2:00 P.M., November 11, 2021 in the Public Works Department ATTN: Iris Lee, City Engineer/Deputy Public Works Director Approved for Advertising: Iris Lee City Engineer Date Issued: October 18, 2021 Table of Contents INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE & COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. GENERAL CONDITIONS EXHIBIT A — Sample Professional Services Agreement 2 REQUEST FOR PROPOSALS FOR Lampson Well Treatment System CONSTRUCTION MANAGEMENT & INSPECTION SERVICES ALL INTERESTED PARTIES MUST REGISTER BY EMAILING ilee@,,sealbeachca.gov COMMUNICATION AND ADDENDA,, 17 ANY, WILL BE. DISTRIBUTED TO REGISTERED, PARTIES VIA EMAIL PROVIDED. INIH •1 11119M [49Z The City of Seal Beach ("City") owns and operates four water production facilities — (1) Lampson Well, (2) Beverly Manor Well, (3) Leisure World Well, and (4) Bolsa Chica Well. The Lampson Well is located at 4307 Lampson Avenue, in the City of Seal Beach. The Well was built around 2011. The existing 500 HP well pump has a capacity of 3,500 gallons per minute (gpm) at 440 feet of head. Due to the hydrogen sulfide concentrations in the groundwater, the City has been operating the Well at a reduced flow rate of approximately 700-800 gpm. The City has retained Pacific Advanced Civil Engineering, Inc. (PACE) to design a H2S treatment system utilizing four (4) granular activated carbon (GAC) media vessels. This treatment system will also have the ability to be placed in a lead -lag configuration to treat other future contaminants, if ever identified. A treatment system schematic is included for reference. Estimated construction value is at $3 million. Estimate active construction duration is currently estimated at nine (9) months. The City is soliciting proposals from qualified consultants to provide professional construction management and inspection services for the Project improvements. QUALIFICATIONS Minimum Qualifications • Valid California license and/or certification for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional construction management and inspection services, or demonstrated equivalent experience, in similar water production/treatment facility settings. • Knowledge and experience working in the Orange County Groundwater Basin. 3 • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. • Adequate availability of key team members. • Proficiency with applicable regulatory agencies' rules and regulations. SCOPE OF SERVICES The following is an envisioned approach but is subject to change based on the Consultant's project understanding and recommended approach. 1. Construction Management and Project Management — Consultant shall provide project coordination starting at the 90% design phase, which would at a minimum include plan check & constructability review, coordination with design consultant, final bid package assembly and review, bid support, and coordination of on-site work. , 2. Inspection — Provide daily inspection and records during the course of construction, including verification of BMPs and NPDES materials. There may be occasions where work may take place, outside of normal working hours to accommodate construction and operational needs. 3. Meetings - Coordinate and conduct meetings with design consultant, permitting agencies, any regulatory/governing body, and contractor. Consultant should anticipate developing agendas and minutes for each meeting. 4. Schedule & Budget — Ensure on-time and within budget project delivery: This will include regular schedule updates and budget reports. 5. Submittals & RFI's — Coordinate review and response to RFI's with design consultant, as necessary. Evaluate merit of any potential claims. 6. Materials & Compaction — Provide necessary materials, compaction, and specialty testing. 7. Public Relations — Coordinate construction notifications, and proactively respond to public inquires. 8. Progress Payments & Change Orders — Coordinate and validate contractor change orders and monthly progress payments. 9. Startup, Testing, and Permitting — Coordinate final startup, testing, and integration activities. Arrange for all necessary City staff training. 4 (V e 3 V/, Publlc Works 10. Close Out & Training — Coordinate and review all construction closeout documentation. Ensure end-users are properly trained prior to demobilization. IV. PRE -PROPOSAL QUESTIONS For answers to questions or' particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee City Engineer/Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee .sealbeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by November 3, 2021. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Consultant Interview (if conducted) ■ Contract Award by City Council ■ Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals 10/18/2021 11/3/2021 11/11/2021, 2:00p.m. November 2021 December 2021 December 2021 Proposals are due by 2:00 PM on November 11, 2021 to the following. Postmarks will not be accepted. Iris Lee City Engineer/Deputy Public Works Director City of Seal Beach 211: Eighth Street Seal Beach, CA 90740 flee sealbeachca.gov (562) 431-2527 ext. 1322 5 J I ; Please submit three (3) bound hard copies, and one (1) electronic copy of the Consultant's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Consultant. All property rights, including publication rights of all reports produced by the selected Consultant in connection with services performed under this Agreement shall be vested in the City. Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References Fee & Cost Proposal Exceptions Business Entity Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Consultant's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Consultants. Identify the individual(s) authorized to negotiate the contract on behalf of the Consultant's firm and the Consultant's project manager. Understanding/Approach: Describe the Consultant's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Consultant will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. 0 r References: Consultant should provide a minimum of three (3) references from public agencies the Consultant has performed work for within the last seven (7) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Consultant. • Project outcome • Construction and/or contract value • Dates • Client project manager name, valid telephone number, and email Fee & Cost Proposal: A Fee & Cost Proposal shall be submitted in a separate, sealed envelope and marked as "Lampson Well Treatment System — Construction Management and Inspection Services Proposal". The information and detail included in the fee proposal shall conform to the provisions of Section VII - Fee Proposal, of this RFP. Please note that part of the evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing the required components will be evaluated accordingly. Exceptions: The Consultant shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE & COST PROPOSAL In preparing the Fee & Cost Proposal forthis project, the Consultant shall take into consideration the following: 1. Unless specially noted, compensation for any services provided will be on a time -and -materials. 2. Fee and cost proposal, and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal. 3. The Consultant's standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non -labor expenses and sub -Consultants. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranking Consultant(s), if necessary. VIII. INTERVIEW 7 r �� f/ .,' ✓amu l l��rr�,r.�l. f f J ; Top ranked Consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Consultant's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criterion 'in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City',s sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. , POTENTIAL EVALUATION CRITERIA 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (40 points) a. Local Presence - A statement addressing firm's ability to effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Consultant and sub -Consultants to perform the work. c. Quality of references - name of at least three (3) agencies the Consultant currently or have previously consulted for in the past seven (7) years. d. Experience/knowledge of the Orange County Groundwater Basin and various regulatory permitting agencies. e. Familiarity with City standards and practices. 3. Organization & Approach (40 points) a. Consultant's understanding of requested Work and proposed scope of work. b. Consultant's project team and quality of key individuals. Availability and allocation of key individuals. c. Consultant's understanding of the nature of public sector work and its decision-making process. d. Proposed schedule and hours. Description of project management and cost control mechanism. M 4. Conformity (20 points) a. Quality, clarity, and responsiveness to RFP. b. Conformity to the sample PSA. The City reserves the right to determine whether or not a proposal meets the, specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Consultants should be aware that award may be made without Consultant visits, interviews, or further discussion or negotiations. X. GENERAL CONDITIONS A. Signature The Letter Proposal shall be signed by an individual authorized to bind the Consultant. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. , The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachca.gov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. 9 ` J I Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "it shall be mandatory for the Consultant to pay not less than the said prevailing rate of wages to all workers employed by the Consultant in the execution of this contract. The Consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no Consultant or subConsultant shall be qualified to bid on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Consultant and each subConsultant, if any, in the proposal. 10 r EXHIBIT A LAMPSON WELL TREATMENT SYSTEM - CONCEPT DESIGN 11 » ~��'- | /--f �/' .- _--_- . .. —|�--^—���------�-----------�� ���7 ./ in, / '/. of w<;ted Department of Public Works November 2, 2021 Addendum N o . 1 LAMPSON WELL TREATMENT SYSTEM - CONSTRUCTION MANAGEMENT & INSPECTION SERVICES RFP (CIP WT1902) Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the request for proposal: 1. In observance of the Veterans Day holiday, the Lampson Well Treatment System — Construction Management & Inspection Services RFP response due date will be revised to Monday. November 15, 2021, 2:00p.m. END OF ADDENDUM By order of the City of Seal Beach, 11/2/2021 City Engineer Date Attachments None EXHIBIT B SAMPLE PROFESSIONAL SERVICES AGREEMENT Sample professional services agreement removed intentionally. 12 EXHIBIT Request for Proposal EXHIBIT B Consultant's Proposal EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1' (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required 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 hoursper 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:" 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. EXHIBIT B Consultant's Proposal AW A rte= W== AW = AKM Consulting Engineers 553 Wald Irvine, CA 92618 Telephone. 949.753.7333 Facsimile: 949.753.7320 www.akmce.com July 1, 2022 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attn: Ms. Iris Lee, City Engineer / Deputy Public Works Director Water Resources Infrastructure Construction Management Subject: Proposal R1 - Lampson Well Treatment System - Construction Management and Inspection Services Dear Ms. Lee: In response to your Request for Proposal dated October 18, 2021, and Addendum 1 dated November 2, 2021, AKM Consulting Engineers, a SBA Certified Small Business Enterprise, is pleased to submit this proposal to provide construction management and inspection services for the Lampson Well Treatment System Project for the City of Seal Beach (City). Our proposal reflects our understanding of the scope of work based upon the RFP, review of the Contract Documents, insurance documents, our experience and understanding of the City systems, past experience working in the City of Seal Beach, and information provided by the City. Price proposal will be submitted separately as requested in the RFP. Contact information for this proposal is: ! Legal Name of Firm: j AKM CONSULTING ENGINEERS, INC. j 553 Wald, Irvine, California 92618 _ Year Firm _Establish ed: _a 1990 Contact Information: Emin Kayiran, CPII Director of Construction Management Services EkayiranPakmce.com _ Phone: (949) 753-7333 FAX: (949) 753-7320 General Description: California Corporation i Federal Employer ID: 33-0422066 fi UIR: 1000059371 (Company�ualifca'tions As specialists in water resource engineering for public agencies, AKM has successfully performed Construction Management and Inspection services for similar projects. Our proposal highlights recent projects which involve similar elements to the Project including installation of granular activated carbon (GAC) vessels within an existing and operable well facility, underground piping work, shutdowns and tie-ins, DDW permitting, the replacement and/or retrofitting of existing electrical equipment and panels, conduit and duct bank construction, I/O verification and loop checks, and SCADA integration. One of our highlighted project is the Cypress Water Production Facility Upgrades for the City of Lomita, which involves the installation of four (4) GAC media vessels within an existing well and reservoir facility. i9ey Personnel and Team AKM is proposing to provide a team of superbly qualified construction management professionals to undertake this assignment. Mr. Emin Kayiran will serve as the Project Manager overseeing the project team and serve as the responsible contract representative to the City. Mr. Kayiran has performed multiple construction management assignments for the City of Seal Beach, including providing an internal constructability review during AKM's design of the Lampson Well. He is therefore uniquely familiar with the City's water system, customs and practices as well as the existing Lampson Well Facility itself. He is currently serving in a similar capacity as the Project Manager on 2 well treatment facilities; the Cypress Water Production Facility for the City of Lomita, and the Equipping of Well 16 and Treatment Plant for the City of Paramount. Additionally, he has performed construction management services for over five (5) groundwater supply projects in the Orange County Groundwater Basin. AKM Pr ©posa.L21-1091 Cover Letter -1 Mr. Mike Fredriksz will serve as the Construction Manager. Prior to joining AKM, Mr. Fredriksz served as the Inspection Supervisor for the Irvine Ranch Water District. In this role, Mr. Fredriksz was responsible for overseeing the inspection of a multitude of well facilities and water treatment systems for IRWD. He therefore possesses a wealth of experience working in the Orange County Groundwater Basin. Mr. Fredriksz is currently completing services in a similar role for the Equipping of Well 16 and Treatment Plant Project for the City of Paramount. Mr. Ryan Bigger serve as the Lead Inspector. Mr. Bigger, a seasoned construction inspector, has provided inspection services for a variety of well and treatment plant projects, and is currently completing services as the Lead Inspector for the Equipping of Leahy Well Project for Bellflower Summerset Mutual Water Company. He is also an ICC Certified Reinforced Concrete, Structural Masonry, Pre -Stressed Concrete, and Structural Steel and Bolting Special Inspector. ! Understanding/Approach As we understand,. the City of Seal Beach is seeking a well-qualified Construction Management Consulting team to provide thorough and responsive service to the City in support of the Lampson Well Treatment System Project, ensuring that the project is administered and constructed according to the Contract Documents, on-time and within budget. In evaluating this project, AKM carefully reviewed the comprehensive scope of work that was provided by the City, evaluated the project's various aspects of construction in great detail, and then developed our team to match the technical aspects of the project, as well as ensuring that the Construction Management and Inspection scope of work is completely fulfilled. In this section of our proposal, we present AKM's specific approach to the scope of work requested, as well, as how the scope of work items will be divided up amongst the project team members. We detail how AKM's responsiveness, meticulous attention to detail, commitment to documentation, and our proposed web -based document control system, will provide for an effective and efficient project. ;References From the time of our Firm's inception, AKM has always been a relationship based business, relying on forging lasting relationships with our clients and repeatedly providing great service. We therefore believe there is no greater indicator of future success than past performance. Within this proposal, we have provided the names and contact information for clients who can attest to our level of service working in a similar capacity on well and treatment facility projects. We appreciate the opportunity to submit our proposal and look forward to being of service to the City of Seal Beach on this most important project. Our proposal will be valid for a period of 120 days. AKM has reviewed the sample agreement and insurance requirements set forth in the RFP and is willing and able to provide the required insurance coverage and Accord insurance form upon request. AKM certifies that we meet the minimum requirements of this solicitation. AKM does not take any exceptions to the sample Professional Services Agreement provided in the RFP. Should you have any questions regarding our submittal or require additional information, please do not hesitate to contact the undersigned. Very truly yours, AKM Consulting Engi 's Emin Kayiran, CPII Director of Construction Management Services ,AKM Prop sa.L21-1091 Cover Letter -2 Company Background Staffing Table of Contents Firm and Team Experience................................................................................................................................Qualifications-1 Relevant Project Experience..............................................................................................................................Qualifications-2 OrganizationalChart ..........................................................................................................................................................Staffing-1 Team Biographies ................... ::.................................................... :...................................................................................... Staffing -2 Resumes...................................................................................................................................................................................Staffing-4 Understanding and Approach ProjectUnderstanding......................................................................................................................................................... Scope -1 Approach to Mitigating Key Issues and Challenges................................................................................................. Scope -2 ProjectManagement and QA/QC..................................................................................................................................... Scope -4 Scope. of Work.......................................................................................................................................................................... Scope -4 References References...................................................................................................................................................................... References -1 *** Fee is being submitted separately as requested in the RFP AKM Propascd 21-1091 Cover Lette43 SECTION 1 COMPANY QUALIFICATIONS AKM, a SBA Certified Small Business Enterprise, is a multi -disciplined professional organization that specializes in providing water resource infrastructure engineering and related services to public agencies. AKM has a current staff of twenty-five (25) employees who operate out of our office strategically located in Irvine at the intersection of the 5 and 405 Freeways. The scope of services offered by AKM includes all facets of planning, design and construction management for public works infrastructure. Legal Name of Firm: AKM CONSULTING ENGINEERS, INC. 553 Wald, Irvine, California 92618 Year Established. 1990 Contact Information: Mr. Emin Kayiran, Director of Construction Management ekayiran@akmce.com Phone: (949) 753-7333 FAX: (949) 753-7320 The focus of our experience is within Southern California, and all key project team members are fully acquainted with the local and regional issues affecting the planning, design and construction of water resource infrastructure in the area. This, along with the technical and managerial depth of the team, will ensure the successful implementation of the project. AKM has completed construction management and inspection assignments for the following agencies: ■ City of El Segundo 0 City of Garden Grove E City of Santa Fe Springs ■ City of Cypress X City of San Clemente X City of Tustin ■ City of Newport Beach N City of San Juan Capistrano Z City of Palos Verdes Estates ■ City of Fountain Valley a City of Seal Beach E City of Corona ■ City of Ontario N City of Alhambra 0 City of Arcadia ■ Garden Grove SD E Orange County WD E Orchard Dale WD ■ West Basin MWD N Moulton Niguel WD E City of Long Beach ■ City of Stanton A South Coast Water District E City of Sana Ana Additionally, AKM has completed or is engaged in On -Call Services contracts for the following agencies: ■ City of Los Angeles ■ City of Cypress Los Angeles County DPW ■ City of Seal Beach ■ City of Stanton Garden Grove SD ■ City of Corona ■ City of Anaheim City of Huntington Beach ■ City of Ontario ■ County of Orange Camarillo Sanitary District ■ South Coast WD ■ WRD City of Long Beach The scope of services offered by AKM includes all facets of planning, design and construction management for public works construction projects. We have a long and distinguished record of providing on-call services to public agencies. A full listing of services offered by AKM is as follows: AKM Proposab21-1091 QuaU6cat7w-n*-1 CONSTRUCTION MANAGEMENT AND SUPPORT ■ Contract Administration ■ Resident and Field Services ■ Project Close -Out ■ Inspection ■ Procurement ■ Estimating ■ Construction Management ■ Start -Up and Acceptance ■ Schedule and Delay Analysis STORM_WATER, WASTEWATER, POTABLE WATER, AND RECYCLED WATER _ ■ Master Plans Storm Drains and Channels ■ Deficiency Reports and ■ Water Treatment Detention Basins Inventories ■ Water Reclamation Permitting and Regulatory ■ Capital and Facilities Plans ■ Odor Control Compliance ■ Improvement Plans ■ Solids Handling Pipeline and Transmission Facilities ■ Hydraulic Analysis ■ Outfalls ■ Wells ■ Hydraulic Structures ■ Collection Facilities ■ Storage Facilities ■ Reservoirs and Lakes ■ Pump and Lift Stations ■ Water Quality AKM Proposab21-1091 QuaU6cat7w-n*-1 TECHNICAL SERVICES _ ■ Supervisory Control and Data ■ Geographic Information Systems ■ CADD (Microstation, Acquisition (SCADA) ■ Operations and Maintenance AutoCAD) ■ Scheduling_ PLANNING ■ Project Planning ■ Economic and Financial Planning ■ Rate Studies ■ Potable Water, Recycled Water, ■ Conjunctive Use Planning ■ Urban Water Management Waste Water, and Storm Water ■ Sewer System Management Plans Plans Master Plans (SSMP) ■ Water Supply Assessments ■ Facility Planning TechnicalSta ff ._..______ The technical staff of AKM is comprised of recognized experts in public works planning, design, construction, operations and management. Every assignment is managed by senior level staff to ensure that the project receives detailed attention. All work is thoroughly reviewed by senior company officers prior to any milestone submittal. AKM construction management and inspection team includes the following. members. Detailed descriptions and resumes can be found in the Project Team Section, as requested in the RFP: uali' cations AKM Consulting Engineers, by virtue of its extensive relevant experience, specialized training, local knowledge, and technical competence, can provide, the City with high quality construction management, and inspection services, quickly, and at a lower overall cost than our competitors. Our staff members possess experience directly related to all facets of construction management and inspection with significant experience with well and treatment facilities. Further, AKM has been providing construction management services for water resource infrastructure projects for over 20 years. During that time, AKM has successfully partnered with clients to complete several successful projects while at times navigating through complex project issues. Because AKM is a full service engineering firm, our team members have an extremely well rounded background in all facets of public infrastructure engineering, many having worked on multiple design and master planning assignments. This level of experience enables our team to approach construction projects on a much deeper level since they understand design and overall planning implications on City infrastructure and systems as a whole. AKM also retains an in-house staff of computer-aided drafting professionals and can support the District with any of their CAD needs. Full client satisfaction is a corporate commitment at AKM. This is reflected in a very high repeat client base (over 90%), our standing in the industry as a premier public infrastructure engineering company, low insurance rates, and a very stable work force. PROJECTRELEVANT AKM has provided construction management, inspection, and engineering support services, consisting of pre - construction phase services including evaluation of bids, recommending the lowest responsible bidder, preparing Contractor prequalification packages; constructability reviews; value engineering; pre -purchased equipment procurement; development of project procedure manuals; construction phase services including pre -construction meetings, pre -construction documentation of site and surrounding area, shop drawing reviews, responding to RFI's, evaluating and responding to change order requests, construction inspection, weekly progress review meetings, specialty inspections, daily inspection reports including extensive photographic documentation, monthly reports documenting the entire month's activities; and post -construction services consisting of final inspection, final reports, final testing, punch list preparation, overseeing the completion of the punch list, start-up services, and project close-out. Contacts are included with each project for your reference. AKM Proposa2,21-1091 QuaU6za wyW-2 EQU-PP ING OF WELL 16 AND TREATMENT PL_A'NT City Of Paramount =1640.0 Colorado Avenue, Paramount,, CA 90723 Contact: Ms..Adriana Figueroa, D,irector.of Public Works (562) 220-2100 Construction Cost: '$6,800,000 A/E Fees: $65,0,0.00 } Role: Prime Construction Management / Inspection Contractor: MMC Inc. AKM Staff: E. Kayiran (PM/CM); M. Fredriksz (Inspection); R. Bigger (Special Inspection); R. Bostic r I l- C V (WtlfC AKM is currently completing Construction Management, Inspection and Testing services for the City of Paramount during the project which includes equipping City Well No. 16 with pump, motor, building, piping and appurtenances, and the construction of a Manganese (MN) and .future Arsenic (AR) Treatment System to treat approximately 3400 gpm of flow from City Well No. 16. The treatment system raw water quality for design purposes was assumed to have an arsenic (AR) concentration of 12 µg/lit, and a manganese concentration of 59 µg/lit. Removals should provide a finished water quality with an MN of 2 pg/lit. The facility is designed for expansion to be able to treat and remove AR down to 2 µg/lit if in the future it exceeds the primary MCL level of 10 pg/lit in the well water. In addition, the work of this Contract will include the destruction of Well No. 13 and the demolition of the Well No. 13 site. The Contractor will be required to remove, salvage and transport to Well No. 16 several of the existing facilities/equipment at Well No. 13 including treatment vessels and the existing backwash tank. of Lo CYPRESS WATER,PRO.DUCTION FACILITY UPGRADES .y City of Lomita - Contact: Mr. Mondher Saied, PX.,Senior Civil Engineer (.310) 325-7110 x110 m.saied(@Iomitacity.org Construction Cost: $3,571,000 A/E Fee: $414,000 Role: Prime Construction Management /Inspection .Contractor: RC Foster AKM-Staff; E. Kayiran (PM); R. Bostic AKM Consulting Engineers is currently providing construction management and inspection for the project which includes construction of a Granular Activated Carbon (GAC) treatment facility and associated ancillary equipment at the City of Lomita's Cypress Water Production Facility., The existing facility is comprised of a deep well pump, discharge piping, treatment facilities for the well water, and a 10 million gallon reservoir. The facility is currently inoperable due to high sulfides which cannot be removed with the existing treatment equipment. The new GAC system will remove sulfides to within acceptable levels. Additional work also includes design, installation and commissioning of a security system; site work (demolition, work, excavations); pipelines; canopy; electrical, controls and instrumentation; startup testing, and training; potholing; a portable generator relocation; and site shoring. AKM Propo-sab21-1091 C2uaU6za: umk-3 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR WELL 9 AND WELL 9 TRANSMISSION MAIN CITY OF FOUNTAIN VALLEY -17300 MT. HERMMANN STREET, FOUNTAIN VALLEY, CA 92708 CONTACT.: MR. MARK LEWIS, RETIRED CITY OF FOUNTAIN VALLEY (949) 677-0391 MARK.23.LEWIS()GMAIL.COM CONSTRUCTION COST: $4,100.,000 A/E FEE. $480,000 Role: Prime Construction Management / Inspection AKM Staff. E. Kayiran (CM/Inspection), S. Patterson (Inspection ,___________ _ AKM provided construction management and inspection services during the equipping of the well including preparation of a contractor prequalification package, review of prequalification responses, bid support, constructability review during the 90% design phase, continuous inspection, responding to RFI's, attending bi- weekly construction progress review meetings, reviewing shop drawings/submittals, reviewing progress payment requests and quantities, responding to change order requests and claims, overseeing the startup of the well facility, completion of the 0&M Manuals, and as -built drawings. The well consists of a 20 -inch diameter stainless steel louvered casing and is 1000 feet deep. A 500 HP, 4 -stage well pump rated at 3,500 gpm and 400 feet TDH is used to pump the water through a new 3,000 LF, 16 -inch CML&C steel watermain designed as part of the project in Gardenia Avenue and Bushard Street, to a connection with the City's existing distribution system in Warner Avenue. A 100 lb/day on-site sodium hypochlorite generation system (OSHGS) is used for disinfection. A fluoridation system is used to add fluoride to the City's water system. The project also included a subsurface cast -in-place settling basin, fusion bonded epoxy lined and coated steel discharge piping with appurtenant valves, CLAVAL pump control valve, (2) ABB magnetic flow meters and a sand separator. The electrical components of the well building include a 1,000 amp switchboard, including a 500 hp variable frequency drive (VFD) with a solid state bypass starter. Also installed are the well pump control panel and RTU. The well equipment is enclosed in a 1585 square foot building, which includes sound panels on the walls of the pump room. The exterior of the building was designed to blend in with the surrounding residential homes. EQUIPPING OF LEAHY WELL BELLFLOWER SOMERSET MUTUAL WATER COMPANY- 10016 FLOWER STREET, BELLFLOWER, CA 90706 CONTACT: STEVE,-LFNTON (STEVECa)BSMWC.COM) (562) 866-9980 i 0�_`!��_"CONSTRUCTION COST: $2,5'00,000A/EFEES; $300,000 Role: Prime Construction Management / Inspection �. AKM STAFF: E. KAYIRAN (PM); R. BIGGER CM INSPECTION AKM is currently providing construction management and inspection services for the Leahy Ave Water Well Facility which includes construction of new domestic water well and appurtenances with a new 1855 square foot masonry block building and pump station, new electrical (SCE) service, along with various site improvements such as concrete masonry walls, standby generator and automatic transfer switch, gates, site demolition, grading, right-of-way improvements, paving, vehicle canopy, landscaping and percolation basin. AKM PropcsaL21-1091 Qua 66.carwvn&-4 WELL 12 CITY OF SANTA FE SPRINGS- 1.1710 TELEGRAPH ROAD, SANTA FE. SPRINGS, CA 90670. CONTACT: MR. FRANK BEACH,UTILITIES SERVICES MANAGER (562) 868-0511 FRANKBEACH(@SANTAFESPRINGS.ORG CONSTRUCTION COST: $2,100.,000 A/Ir FEES: $168,522, Role: Prime Construction Management / Inspection AKM Staff E. Kaviran (PM), S. Patterson (Inspection) The City of Santa Fe Springs retained AKM Consulting Engineers to provide construction management services for the Equipping of Well 12. The new well was drilled to replace the City's Well No. 2, which was removed from operation due to arsenic levels in excess of the EPA maximum contaminant level. The work included: Installation of a 250 HP, 2000 gpm deep. well vertical turbine pump and inverter duty motor; construction of 16 -inch discharge piping, including valves, flowmeter, sand separator and connection to an existing 12 -inch ACP watermain; construction of a pump to waste system including piping, valves, flowmeter and sand settling basin; installation of a bulk storage sodium hypochlorite system and pre-engineered feed system; installation of an aqua -ammonia system and pre-engineered feed system; installation of a 600 amp switchboard and motor control center, including a 250 HP VFD with a solid state bypass starter; installation of a well pump control panel and RTU; construction of a 1500 SF block building housing the new pump, chlorination equipment, aqua -ammonia tank, and electrical equipment; construction of an asphalt paved yard area; construction of perimeter block wall and motorized sliding gate with laser security system. EDWARD C. LITTLE WATER RECYCLING FACILITY R.O. CLEAN IN PLACE WASTE DISCHARGE PROJECT =q� West Basin Municipal Water District, -17140 S. Avalon Blvd., .Suite 210, Carson, CA 90,746 3Zz Contact: Mr. Rajen Budhia, Currently at Metropolitan Water District rbudhiaPmwdh20.com Bid -Build : Construction Cost: $6,400,000 ,A/E Fee: $1,163,580 Schedule: 12./2016-12/2018 Role. Prime Construction Management / .Inspection. Contractor: Kiewit Infrastructure West Co. AKM Staff E. Kayiran (PM/Construction Manager); S. Patterson (Resident Engineer/Lead Inspector); C. Ervin (Inspection) V -� C IIA .vjj �� � � -.r,►� �� � `n.+.i y �'V„ jr:_�F] f-I I •4,,� Y�I `V 7 C �� ty -f� �j .i �i�'I��IIi�T'.L � fc'1 I I� r,i1 I .«nv $, •� .n The City of Santa Fe Springs retained AKM Consulting Engineers to provide construction management services for the Equipping of Well 12. The new well was drilled to replace the City's Well No. 2, which was removed from operation due to arsenic levels in excess of the EPA maximum contaminant level. The work included: Installation of a 250 HP, 2000 gpm deep. well vertical turbine pump and inverter duty motor; construction of 16 -inch discharge piping, including valves, flowmeter, sand separator and connection to an existing 12 -inch ACP watermain; construction of a pump to waste system including piping, valves, flowmeter and sand settling basin; installation of a bulk storage sodium hypochlorite system and pre-engineered feed system; installation of an aqua -ammonia system and pre-engineered feed system; installation of a 600 amp switchboard and motor control center, including a 250 HP VFD with a solid state bypass starter; installation of a well pump control panel and RTU; construction of a 1500 SF block building housing the new pump, chlorination equipment, aqua -ammonia tank, and electrical equipment; construction of an asphalt paved yard area; construction of perimeter block wall and motorized sliding gate with laser security system. EDWARD C. LITTLE WATER RECYCLING FACILITY R.O. CLEAN IN PLACE WASTE DISCHARGE PROJECT =q� West Basin Municipal Water District, -17140 S. Avalon Blvd., .Suite 210, Carson, CA 90,746 3Zz Contact: Mr. Rajen Budhia, Currently at Metropolitan Water District rbudhiaPmwdh20.com Bid -Build : Construction Cost: $6,400,000 ,A/E Fee: $1,163,580 Schedule: 12./2016-12/2018 Role. Prime Construction Management / .Inspection. Contractor: Kiewit Infrastructure West Co. AKM Staff E. Kayiran (PM/Construction Manager); S. Patterson (Resident Engineer/Lead Inspector); C. Ervin (Inspection) AKM provided construction management and inspection services for the project, which was within an existing water treatment plant. AKM's team was stationed on-site in a construction trailer to support the project which involved sequestering and then neutralizing the clean -in-place solution waste for the existing reverse osmosis (RO) system in order to discharge to the local sewer system as opposed to the treatment facility's brine line, which it discharges to. Specific project work elements included demolition of an existing solids contact clarifier and construction of two cast -in-place reinforced concrete neutralization tanks for the RO clean -in-place waste, including a corrosion resistant coating, discharge and recirculation pumps, associated valves and piping; construction of a new RO clean -in-place waste sump for the collection of RO clean -in-place discharge -from the RO trains including new pumps, piping and instrumentation; rehabilitation of the existing RO waste sumps 1, 2, and 3 including a new coating system, pumps, instrumentation and controls; new sodium hydroxide transfer feed pump including new piping and instrumentation; and a new sodium hydroxide day tank and modifications to the AKM Proposa.L21-1091 Q&wa if t an4y 5 jr:_�F] f-I I •4,,� Y�I `V 7 C �� ty -f� �j .i �i�'I��IIi�T'.L � fc'1 I I� r,i1 I .«nv $, •� .n AKM provided construction management and inspection services for the project, which was within an existing water treatment plant. AKM's team was stationed on-site in a construction trailer to support the project which involved sequestering and then neutralizing the clean -in-place solution waste for the existing reverse osmosis (RO) system in order to discharge to the local sewer system as opposed to the treatment facility's brine line, which it discharges to. Specific project work elements included demolition of an existing solids contact clarifier and construction of two cast -in-place reinforced concrete neutralization tanks for the RO clean -in-place waste, including a corrosion resistant coating, discharge and recirculation pumps, associated valves and piping; construction of a new RO clean -in-place waste sump for the collection of RO clean -in-place discharge -from the RO trains including new pumps, piping and instrumentation; rehabilitation of the existing RO waste sumps 1, 2, and 3 including a new coating system, pumps, instrumentation and controls; new sodium hydroxide transfer feed pump including new piping and instrumentation; and a new sodium hydroxide day tank and modifications to the AKM Proposa.L21-1091 Q&wa if t an4y 5 C�j CLQ �fl LL tu� existing sulfuric acid tank farm including 2 new metering pumps. Problems/Issues: The project required over 23 system shutdowns within the plant which had to be carefully planned and coordinated with both West Basin as well as their contracted Plant operator Suez. Not completing work within predetermined shutdown durations was not an option as the District faced large financial fees from their large use customers if recycled water service is delayed any longer than the shutdown duration. AKM was instrumental in coordinating all of the necessary parties to discuss and perform field walk-throughs of the shutdowns. Several unforeseen conditions, like subsurface facility conflicts were encountered onsite. As a result, the AKM field team worked cooperatively with the Contractor, West Basin, and the design engineer of record to find alternate routes for the installation of several large electrical duct banks, as well as other underground utilities. The final result was a properly constructed project that was tested and is currently operating as designed. _ ALAMITOS BARRIER IMPROVEMENTS PROJECT 'ORANGE COUNTY WATER DISTRICT, -18700 WARD STREET., FOUNTAIN VALLEY, CA Contact: Mr. Ryan Bouley (714) 378-8207 rboule�.ocwd.co'm JW Bid -Build: Construction Cost: $3,,600,000 A/E. Fee: $423,720 Role: Prime Construction Management / Inspection AKM Staff: E. Kayiran (PM / Resident Engineer), M. Fredriksz (Inspection AKM Consulting Engineers provided construction management and inspection services for the Alamitos Barrier Improvement project. The work consisted of constructing vaults, well and vault piping, valves, and telemetry equipment, conduit, and conductors for 17 injection wells. The injection wells and three nested monitoring wells were constructed on a narrow access roadway. Careful planning was necessary due to the existing and required structures and the construction equipment present. Each well vault was precast and contains Type 316 stainless steel piping including the down -hole well piping. A conduit duct bank was constructed between each well vault, which terminated at an existing control panel. The control panel and the instrumentation was integrated with the LA County Department of Public Works' (LACDPW) SCADA system, who maintains and operates the Barrier. An encroachment permit from Orange County Flood Control District was required to be obtained prior to start of work in the channel right-of-way. Access to the project site necessitated entry through the Haynes Power Generating Station, a LA Department of Water and Power (LADWP) facility. Close coordination with LACDPW, OCFCD and LADWP was vital for the duration of the project. Problems/Issues: During the planning phase of the project, OCWD became concerned about the schedule. After a thorough review by the AKM resident engineering and inspection team, AKM recommended changing cast -in- place concrete vaults to precast vaults, as well as requiring the stainless steel piping to be shop fabricated to the greatest extent possible, then shipped to the project site. These. suggestions were implemented and presented to the Contractor. OCWD received a credit for the change to precast vaults (17 in total) and the change saved several months in construction. While no formal partnering agreement was entered into for the project, the parties involved, including OCWD, AKM and the Contractor adopted a "partnering" project philosophy. Issues were presented in a fair manner, all sides were able to express their opinions and collaborative resolutions were reached. Field issues were routinely solved through open discussion and field walks during the weekly meetings rendering several potential RFI's unnecessary. What resulted is a harmonious working environment where issues did not stalemate and construction was not disrupted. It also allowed all project team members to focus on more productive project tasks than issue and conflict resolution. The project was completed over 6 months early and under budget. AKM Prop&saL21-1091 11 Quail6":ti nw-6 X47:• �C: x.., City of Seal Beach Construction Management Projects West End Stormwater Pump Station Pump Station 35 (Phase 1 and 2) Beverly Manor Booster Pump Station Navy Booster Pump Station and Reservoir Upgrades Naval Weapons Station Storm Drain Improvements First Street Sewage Pump Station Financial Analysis and Rate Study Lampson Avenue and Seal Beach Boulevard Sewer Orange County Groundwater Basin Construction Management Projects , Imperial Headgates and Weir Ponds (OCWD) Pasadena Avenue Well (Tustin) Alamitos Barrier Improvements Project (OCWD) Eastern Wells (SJC) Dace Well (GSWC) Well 31 and 28 (GG) Well 9 (FV) AKM PropaSab21-1091 Qua46"vrL&-7 SECTION 2 LOCAL STAFFING LIST All construction management and administrative support services performed by AKM are structured to respond to the technical and managerial requirements of the project by assigning senior, highly qualified personnel to the work. They will function in a simple organization with clear lines of delegated authority and responsibility. The key to successful completion of the work for the City will be the Construction Management Team. They will be responsible for day-to-day communications with the City and Contractor, and in many ways, their effectiveness will dictate how efficiently the project is completed. These positions requires persons who are knowledgeable of the project's plans and specifications; possess excellent communications skills, are confident, have direct experience managing similar projects with similar key issues, and are capable of exercising basic fairness when confronted with conflicts or differences of opinions, while still protecting the City's interests and those of the project. in selecting our proposed Construction Management Team and developing the staffing plan, AKM's objective was to provide an optimum mix of technical experience, hands on field experience within well and treatment facilities, experience working with the City, as well as individuals who have handled and successfully navigated through similar issues that the Project is anticipated to face. Additionally, because AKM is a full service engineering consulting firm, the proposed Project Team has intimate understanding of construction and maintenance projects from the projects' initial planning and design, through the bid process and construction, and to project close out and warrantee periods. PROJECTORGANIZATIONAL The Project Team organization is illustrated on the Project Organizational Chart in this section. Detailed resumes describing specific experience of the Project Team members have been included in Appendix A at the end of. this Section. City of Seal Beach Emin Kayiran, CPII Registration: APWA CPU Caltrans Resident Engineering, Academy Mike Fredriksz Ryan Bigger Registration: ICC Special Inspector Certification (Reinforced Concrete, Pre -Stressed Concrete, Structural Masonry, Spray Applied Fire Proofing; Structural. Steel and Bolting Garreth Salki, P.E, G.E. Niinyo and Moore Geotechnical Registration:. RCE CA 49665; GE CA 2509; Nuclear Gauge Operator Certification AKM PYopQsab21-1091 Staff'we-1 AKM PrgpobaL21-1091 Qua.i;,6,mri -rw-2 MR. EMIN KAYIRAN, CPII A� Project Role: Project Manager / Director of Construction Management Services111(AMhffikw Registration: Caltrans Resident Engineering Academy; APWA Certified Public i i �'i i Infrastructure Inspector Years of Experience: 17 Years with AKM: 17 Mr. Emin Kayiran, CPII, who has been a Construction Manager and Senior Resident Engineer with AKM for over 17 years, has a broad Sample Projects" background in construction management, inspection, and •' Equipping of Well 16 and Treatment scheduling. Mr. Kayiran's experience includes management and Plant for the .City of Paramount inspection of treatment facilities; wells; pipelines; pump and lift • Cypress Water Production Facility stations; street improvements including traffic striping; Upgrades for the. City of Lomita rehabilitation and slurry seal; reservoirs; concrete structures; Edward, C. Little Water Recycling protective coatings and linings; electrical, control and SCADA Facility RO System Clean in Place Waste systems; management of hazardous materials removal; shoring Discharge Project for West Basin systems; dewatering; and ground settlement monitoring. Municipal Water District Mr. Kayiran recently served as a Subject Matter Expert for the 'Equipping of -Leahy Well for Bellflower American Public Works Association in support of an overhaul of Somerset Mutual Water Company their public infrastructure inspection training and certification •. Equipping of WeII 12 for the City of material. During this effort, he co-authored a new training module Santa Fe Springs on the inspection of pumping and treatment facilities for inclusion in the updated manual which was published in 2019.. He was recently a co-presenter and speaker for "De- mystifying Risk" an Engineering News Record webinar. Mr. Kayiran will develop the initial construction management strategy and inspection plans, and will verify that the Team is carrying out the plan as intended. He will meet regularly with the AKM Team to resolve issues and cast direction when needed. He will also meet regularly with City's assigned Project Manager keeping the City apprised of AKM's budget and addressing any issues with the AKM contract. This will include ensuring that the City is satisfied with AKM's services in all respects. Mr. Kayiran will take the lead on schedule reviews and delay claims analysis as he is trained in schedule and delay analysis, and well versed in Primavera P6. MR. MIKE FREDRIKSZ i =u Role: Construction Manager �. Years of Experience: 29 Years with AKM: 4 i i = i i Mr. Mike Fredriksz has more than 25years of experience providing Sample Projects: construction oversight of Capital Improvements and large . Well 16 and Treatment PIant for the residential development projects. Prior to joining AKM, he served City of Paramount as the Inspection Services Supervisor for the Irvine Ranch Water *-Equipping of Well 43 for the City of District. Mike's project experience includes water, recycled water Ontario and wastewater facilities, reservoirs, pipelines, pump stations, • Alamitos Seawater Barrier sewer lift stations, buildings, treatment plants, street Improvement Project for the Orange rehabilitation and slurry seal. He has been extensively involved County Water District Inspector with multiple stakeholders including the public, elected officials, developers, contractors, engineers and architects. His *:Torrance Refinery Water Recycling responsibilities have included ,monitoring construction activities, Plant, Surge Arrest System Pipe traffic control, preparing daily construction reports, verifying Modifications for West Basin Municipal compliance with plans and specifications, maintaining record Water District drawings, performing final inspections and presiding over facility • Deep Aquifer Treatment System,: Irvine startups. Mr. Fredriksz has knowledge and experience with project I Ranch Water District management, submittal process and requests for information and change orders. Over the course of his career, Mr. Fredriksz has amassed a wealth of experience working on projects within the Orange County Groundwater Basin. AKM PrgpobaL21-1091 Qua.i;,6,mri -rw-2 AKM Propc scLb21-1091 puaU6xa u -w -3 MR. RYAN BIGGER i Role: Construction, Inspector Registration: ICC Special Inspector Certification - Reinforced Concrete; Pre -Stressed Concrete; Structural Mason Spray Applied Fire i i1(7= Masonry, p Y PP Proofing; Structural Steel and Bolting Years of Experience: 8 Years with AKM: 1 Mr. Ryan Bigger is an experienced Construction Inspector who began his career as a materials testing technician and Special Sample Projects: Inspector. Mr. Bigger has a strong background in reinforced • Leahy Well for Bellflower Somerset concrete structures, geotechnical remediation, structural bolting, Mutual Water Company piping and protective coatings. Mr. Bigger has provided inspection • Microfiltration Steel Break Tank services for pipelines, treatment plants, pump stations, road and Project. for West BasinMunicipal highway work, grading operations, municipal buildings and Water District airports. He applies a meticulous attention to detail to all of his • Imperial. Headgates and Weir' Ponds projects. Improvements for Orange County Water District NINYO AND MOORE GEOTECHNICAL Garreth Saiki, PE, GE - Irvine, CA Project Role: Material Testing; Registration: RG California 49665; GE California 2509; Nuclear Gauge Operator Certification Years of Experience: 30+ Ninyo & Moore, was incorporated in 1986 to provide high-quality Sample Projects: consulting services in geotechnical engineering, construction . On -Call Geotechnical, Material Testing, inspection and testing, engineering geology, hydrogeology, and Inspection Services for Orange hazardous waste remediation and environmental assessment. County Sanitation. District Ninyo & Moore has been involved in projects encompassing most .. On -Call Geotechnical and, Material aspects of geotechnical engineering, including pipelines, dams, Testing for -Inland Empire Utilities channels, storm drains, soundwalls, roads, highways, reservoirs, Agency' pump stations, treatment plants, sewers, landfills, and other public . On -Call Geotechnical' and Material and private works. As a Principal Engineer for Ninyo & Moore, Testing for County of Orange Garreth Saiki, PE, GE, with over 30 years of experience in providing geotechnical services, will direct and supervise the material testing, and develop recommendations for the on-call projects. AKM Propc scLb21-1091 puaU6xa u -w -3 EMIN KAY, IRAN, CPII PROJECT MANAGER: S� t 17 YEARS OF EXPERIENCE IT YEARS WITH AKM AVM s M AW—M 222 AW = MMW: PROFESSIONAL REGISTRATION APWA — Ce`rtified Public Infrastructure Inspector EDUCATION Civil Engineering Studies — California State University Long Beach B.S. Business Administration — University of Arizona Mr. Emin Kayiran, CPII, is the Director of Construction Management Services with AKM. He has over 17 years of responsible experience in the inspection and construction management of pump stations; pipelines, treatment facilities; forcemains; complex reinforced concrete structures including concrete tanks within treatment facilities, sumps, wet wells and valve vaults; sheet piling; deep excavations; ground remediation; dewatering; shut -downs; tie-ins; commissioning and testing; installation of emergency power generators and transfer switches; electrical and control systems for water resource facilities; as well as special protective linings and coatings. Mr. Kayiran also possesses a wealth of experience in managing, coordinating and overseeing materials testing and special inspection during the construction of water resources facilities. Several of the Mr. Kayiran's completed projects involved close coordination amongst the project owner, their operations staff, outside stakeholders and the Contractor in order to achieve varying project objectives within constrained project sites and scheduling timeframes. Mr. Kayiran recently served as a Subject Matter Expert for the American Public Works Association in support of an overhaul of their public infrastructure inspection training and certification material. During this effort, he co- authored a new training module on the inspection of pumping and treatment facilities for inclusion in the updated manual which was published in 2019. Mr. Kayiran wrote an article regarding construction inspection entitled "CPII as a standard of practice" which was published in the September 2014 edition of APWA Reporter. He was recently a co -presenter and speaker for "De -mystifying Risk" an Engineering News Record webinar. Additionally, Mr. Kayiran has provided claims management, cost control, change order preparation, change order negotiation, warrantee inspections, schedule review and analysis, warrantee work coordination with contractors and constructability review services to special districts and municipal agencies. He is trained in schedule and delay analysis including Primavera P6. ■ Equipping of Well 16 and Treatment Plant for the City of Paramount— Project Manager / Construction Manager for equipping of the well and the arsenic/manganese treatment facilities. ■ Cypress Water Production Facility Upgrades for the City of Lomita — Project and Construction Manager for the project with two lead -lag GAC treatment trains ahead of a Greensand filter for treatment of VOCs and Manganese. ■ Microfiltration Steel Break (Filtrate) Tank Replacement at the Carson Reclamation Facility for West Basin Municipal Water District — Project Manager ■ Equipping of Well 43 for Ontario Municipal Utilities Company — Project Manager ■ LVL Calcium Chloride Tank Replacement Project for Water Replenishment District of Southern California — Project Manager ■ Torrance Refinery Water Recycling Plant, Surge Arrest System Pipe Modifications for West Basin Municipal Water District — Construction Manager ■ Edward C. Little Water Recycling Facility RO System Clean -in -Place Waste Discharge Project — Construction Manager ■ R.O. Train 5 Low Fouling Membrane Test Equipment for West Basin Municipal Water District— Construction Manager ■ Phase IV Optimization and Mobile Microfiltration Trailer Project for West Basin Municipal Water District — Construction Manager ■ Title 22 Filter 9 and 8 Repair for West Basin Municipal Water District — Project Manager ■ Equipping of Well 31 for the City of Garden Grove — Construction Manager ■ Equipping of Leahy Well for Bellflower Somerset Mutual Water Company — Project Manager ■ Equipping of Well 12 for the City of Santa Fe Springs - Project Manager ■ Equipping of Dace Well No. 2 for Golden State Water Company — Inspection Supervisor ■ Equipping of Well 9 for the City of Fountain Valley — Alternate Resident Engineer ■ Well No. 28 Modifications and Nitrate Monitoring System for the City of Garden Grove — Construction Manager and Resident Inspector ■ Equipping of the Pasadena Avenue Well for the City of Tustin — Resident Engineer i MIKE FREDRIKSZ CONSTRUCTION MANAGER 29 YEARS OF EXPERIENCE 4 YEARS WITH AKM AW—M AV M Mr. Fredriksz has more than 25 years of experience providing construction oversight of Capital Improvements and large residential development projects. Mike's project experience includes water and wastewater facilities, reservoirs, pipelines, pump stations, sewer lift stations, buildings, treatment plants, street rehabilitation and slurry seal. He has been extensively involved with multiple stakeholders including the public, elected officials, developers, contractors, engineers and architects. His responsibilities have included monitoring construction activities, traffic control, preparing daily construction reports, verifying compliance with plans and specifications, maintaining record drawings, final inspections and project startups. Mike has knowledge and experience with project management, submittal process and requests for information and change orders. • Equipping of Well 16 and Treatment Plant for the City of Paramount – Construction Manager/Lead Inspector • Deep Aquifer Treatment System for Irvine Ranch Water District - Provided construction inspection • Equipping of Well 43 for Ontario Municipal Utilities Company – Construction Manager • Alamitos Seawater Barrier Improvement Project for the Orange County Water District – Lead Inspector • Chlorine Analyzer and Reservoir Mixer at Ten Domestic Reservoirs, for the Irvine Ranch Water District - Provided construction inspection • Michelson Water Recycling Plant – Reinforced Concrete Clarifier Rehabilitation for the Irvine Ranch Water District – Lead Inspector • Joint Transmission Main Vault Upgrades for South Coast Water District – Project Manager • Torrance Refinery Surge Arrest Pipeline for West Basin Municipal Water District – Inspector • Static Mixer Replacement for West Basin Municipal Water District - Inspector • Zone 1 and 3 Emergency South County Booster Pump Station for IRWD – Construction Inspector • Tomato Springs - PA 6 Zone 4 and C Reservoirs, Zone 4-6 Potable Water Booster Pump Station, Zone C -D Recycled Water Booster Pump Station for the Irvine Ranch Water District – Lead Construction Inspector • Zone 3 to Zone 5 (Domestic) and Zone A'to Zone C (Recycled) Dual Pump Station for Irvine Ranch Water District - Construction Inspector • Dyer Road Well No. 6 for Irvine Ranch Water District – Construction Inspector • PA 6 Zone 4 and C Reservoirs, Zone 4- 6 Potable Water Booster Pump Station, Zone C -D Recycled Water Booster Pump Station for the Irvine Ranch Water District – Lead construction inspector • PA 1 and 2 Orchard Hills Zone 5 Reservoir, City of Irvine, CA - Construction inspection • Lift Station No. 6 Forcemain Replacement Project for the South Coast Water District – Project Manager • Bellflower and Spring Bridge Repair for the City of Long Beach – Construction Inspector • Watermain Improvements at Center, Walnut, and Maple for the City of EI Segundo – Construction Manager • Thunderbird Sewer and Street Improvement Project, City of Stanton, CA – Construction Inspector • Capital Improvements, Portola Parkway for the Irvine Ranch Water District - Lead construction inspector • Jeffrey Road South Domestic and Reclaimed Water Mains, City of Irvine, CA. Provided construction inspection • Villages of Turtle Rock, Quail Hill and Woodbury, City of Irvine, CA. Provided construction inspection • Jeffrey Road Grade Separation, City of Irvine, CA. Provided construction inspection • Alton Roadway, City of Irvine, CA. Provided construction inspection • Lift Station No. • Pump Station 1 and 7 for the City of EI Segundo – Resident Engineer �~ RYAN BIGGER CONSTRUCTION INSPECTOR 8 YEARS OF EXPERIENCE 11 YEARS'WITH AKM AEr— M a REGISTRATIONS /LICENSES: Carson Regional Water Recycling Plant, demolition • ICC Reinforced Concrete Special Inspector of an existing 194,000 -gallon welded steel tank, • ICC Pre -Stressed Concrete Special Inspector tank foundation, and appurtenances; installation of • ICC Structural Masonry Special Inspector temporary above -ground bolted steel storage tank • ICC Spray Applied Fire Proofing Special Inspector and process piping; design and installation of • ICC Structural Steel and Bolting special Inspector pressure grout soils stabilization for the area • *Independently certified as a special inspector in the County of Orange, County underneath the proposed replacement tank; construction of a new 194,000 -gallon welded steeltank, of Los Angeles, and City of Long Beach through the District of State Architects foundation, and appurtenances; cathodic (Grades k -12) Ryan Bigger has more than 8 years of experience providing construction management protection; connection of tank piping; and site grading and drainage improvements. and inspection services. Ryan's project experience includes pipeline, pump stations, . WRF3 Sewer Lift Station for the City of Corona. treatment facilities, reservoirs, roads, highways, buildings and airports. He has — Inspector- AKM Consulting Engineers provided performed construction special inspection and geotechnical soils testing services construction management and inspection services t throughout Southern California, including special inspection services for reinforced for the construction of a new wet well dry well concrete structures, including pre -stressed, shotcrete, masonry, bolting and spray type 1,850 gpm peak flow sanitary sewer pumping applied fire proofing construction. station. This project included a groundwater • Equipping of Leahy Well for Bellflower Somerset Mutual Water Company — dewatering system, steel beam and lag shoring Resident Engineer and Inspector - AKM is currently providing construction system, 30 ft deep reinforced concrete dry well / management and inspection services for the Leahy Ave Water Well Facility which wet well, three 800 gpm vertical chopper pumps, includes construction of new domestic water well and appurtenances with a new stand-by electrical power generator, stand-by 1855 square foot masonry block building and pump station, new electrical (SCE) suction lift diesel driven pump, diesel fuel storage service, along with various site improvements such as concrete masonry walls, tank, electrical and instrumentation systems. standby generator and automatic transfer switch, gates, site demolition, grading, . Myra 3 In -Line Detention Basin, Storm Drain, right-of-way improvements, paving, vehicle canopy, landscaping and percolation and Sewer Improvements for the City of basin. Cypress — Special Inspector for the project which • Equipping of We1196. & Treatment Plant for the City of Paramount — Special consisted of removal and reconstruction of sewers, Inspections - AKM is currently completing Construction Management, Inspection cleaning and relining of existing sewers, and Testing services for the City of Paramount during the project which includes constructing approximately 2000 feet of 13' (W) x equipping City Well No. 16 with pump, motor, building, piping and appurtenances, 4.5'(H) reinforced concrete box on Myra Avenue as and the construction of a Manganese (MN) and future Arsenic (AR) Treatment well as a lateral storm drain system on intersecting System to treat approximately 3400 gpm of flow from City Well No. 16. side streets; and reconstructing full sections of • Imperial Headgates and Weir Pond Project for Orange County Water District — street pavement on Myra Avenue between Special Inspector - AKM provided construction management and field engineering Bloomfield Street and Denni Street; removal and for the Imperial Headgates and Weir Pond Rehabilitation Project. The project replacement of curb, gutter, cross gutter, and included the following: supply and installation of a new trash rack and monorail spandrels at eleven (11) intersections; curb -ramps gripper system for river debris removal; removal and replacement of electrical with detectable warning surface, and grinding 2 conduits and panels inside the Control Building; removal and replacement of Control inches of AC pavement and recapping of full street Building and Generator Building roofs, access hatches, and ventilation fans; width along streets within the tract that the project replacement of three (3) 54 -inch square cast-iron slide gates and five (5) electrical was constructed. actuators; installation of two Doppler flow meters in the Bypass Conduits; integration . Orange County John Wayne Airport — Terminal of new signals from cleaning system and flow meters to existing SCADA system; C Exterior Expansion — Special Inspection construction of concrete retaining walls and slab in support of new monorail and gripper "trash racks cleaning system; demolition of existing flume structure, Weir No. • City of South Pasadena — Wilson Reservoir 1 and drain pipe slide gate and structure, and existing Weir No. 2 and drain pipe Project — Special and Soils Inspection slide gate and structure; construction of new flume structure and related pressure .. City of Yorba Linda — Yorba Linda Towne Center transducer system, new Weir No. 1 with new drain slide gate and structure, new Parking Structure Project— Special Inspection sharp crested Weir No. 2 with new drain slide gate and structure, and related . City of Yorba Linda — Yorba Linda Library and pressure transducer system; regrading of existing Weir Ponds 1 and 2; and testing, Arts Center Buildings Project — Special and training and startup. Soils Inspection • Microfiltration Steel Break (Filtrate) Tank Replacement at the Carson Reclamation Facility for West Basin Municipal Water District — Inspector for the project which consisted of the following work at the Juanita Millender- McDonald GARRETH SAIKI, PE, GE MATERIAL TESTING — PROJECT MANAGER 20 YEARS OF EXPERIENCE_ r Experience Quality Commitment As a Principal Engineer for Ninyo & Moore, Mr. Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including highways, railroads, airports, pipelines, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications; provides supervision and technical support to staff -level engineers and geologists; performs project administration and management; and provides forensic evaluation of distressed pavement, residential and commercial structures. South Coast Water District, Lift Station No. 6, Dana Point, California: Principal Engineer for geotechnical testing services during construction of the Lift Station No. 6 Force Main Replacement Project in Dana Point, California. The project consisted of installation of a new asphalt leveling course, fabric, and rubberized asphalt paving along Pacific Coast Highway between Crown Valley Parkway and Point Monarch Drive. Services included project oversight, management and technical support including review of the project geotechnical reports, plans and specifications. South Coast Water District, Golden Lantern/Stonehill Recycled Water Distribution, Dana Point, California: Served as Principal Engineer during the Golden Lantern/Stonehill Recycled Water Distribution project in Dana Point, California. Services included oversight for data compilation and analysis. Field services included site visits for sampling of onsite materials and density testing and in-place density testing during paving operation Our laboratory services included maximum density and sand equivalent testing of onsite materials. Orange County Sanitation District, On -Call Geotechnical, Materials Testing, and Inspection Services for Collection Systems and Treatment Plant Projects: Served asProject Manager for four consecutive contract periods (over 43 projects) to provide the Authority with as -requested geotechnical, materials testing, and inspection services for various projects located within the Authority's Collection System, Treatment PlantNo. 1 in Fountain Valley and Treatment Plant No. 2 in Huntington Beach. Ninyo & Moore has provided field technicians and registered deputy inspectors on various Authority projects to perform field sampling and testing of materials and special inspection services. Inland Empire Utilities Agency On -Call Geotechnical Materials Testing and Inspection Services: Principal Engineer retained during on-call construction inspection, as wellas geotechnical and materials testing services during the various Inland Empire Utilities Agency (IEUA) construction projects located throughout the Inland Empire. Services were provided for geotechnical design, consulting, testing, and inspection as well as special inspection services for welding, fireproofing, and Registration: RCE 49665 (California);. GE 2509 (California); Nuclear Gauge Operator Certification Education; MBA, 1998;. University of California Davis; M.S., Civil. Engineering, 1989, University of California Berkeley; B.S., Civil Engineering, 1987, University of California Berkeley reinforced concrete and masonry inspection. Projects included new pipeline, pump station, and building construction, as well as new solar panel construction at the various Agency facilities. • Jurupa Community Services District Pyrite Creek/Regional Wastewater, Jurupa Valley, California: Principal -in -Charge • Stone Canyon Pumping and Filtration Plant, Stone Canyon Reservoir, Los Angeles, California: Project Engineer • Chiquita Water Treatment Plant, Phase III Expansion, San Juan Capistrano, California: Project Manager • Effluent Pump Station Annex—Job No. J-77, Orange County Sanitation'District Plant No. 2, Brookhurst Street, Huntington Beach, California: Project Engineer • On -Call Geotechnical, Materials Testing and Inspection, County of Orange: Project Manager • City of Rancho Santa Margarita On -Call Geotechnical Consulting Services, Rancho Santa Margarita, California: Project Manager • On -Call Geotechnical/Materials Testing and Construction Inspection Services, John Wayne Airport, Orange County, California: Project Manager • Orange County Transportation Authority, On -Call Geotechnical Consulting, Soil and Materials Testing Services, OrangeCounty, California: Project Manager • County of Los Angeles, Department of Public Works, As -Needed Geotechnical, Soils and Materials Testing & Inspection Services, Los Angeles, California: Project Manager SECTION 3 UNDERSTANDING AND APPROACH PROJECT UNDERSTANDING The City of Seal Beach seeks a well-qualified Construction Management and Inspection consulting firm to provide efficient, effective and responsive service during the construction of the planned Lampson Well Treatment System Project The project involves the construction of a new granular activated carbon treatment system at the existing Lampson Well facility, which will be designed to treat hydrogen sulfide present in the groundwater. Services will need to .begin during design in order to provide a thorough constructability review of the project's 90 -percent design package. The successful consultant will also need to coordinate the completion of the design package with the design engineer, coordinate the bidding of the project, as well as coordinate preconstruction activities. Services will continue through construction, extend through startup and testing, and through project closeout Key Issues and Project Challenges ■ Impact to the Surrounding Community ■ Coordination of Several Trades Working Simultaneously ■ Lead -Time Issues for Piping and Equipment ■ Equipment Installation and Verification ■ Construction completion time Our goal on any project is to see that quality facilities are constructed on time and within budget, so that such facilities will be a benefit to the community for their full useful life. In addition, AKM's Construction Management Team becomes a close partner and extension of our clients. We are sensitive to the fact that the City's internal staff has a variety of day -today responsibilities beyond any particular construction project. That being said, we have been extremely successful handling the project management workload for our clients during construction, yet still keeping assigned client staff fully abreast of project progress and status. AKM understands that no two agencies or projects are the same, all containing their own unique challenges and nuances. Our Construction Management services are specifically tailored for each client and project to properly serve their best interest and overall project success. It is critical that any project is carefully examined and that the client's goals and objectives are clearly understood by all project participants prior to beginning our services. For the Project to be successful, detailed and timely attention must be given to the key issues unique to the project. Not addressing the key issues promptly could potentially derail an otherwise successful project. Our approach for successfully completing the Project involves promptly addressing the key project issues. Jntpacito. the Surrouniiing Communes�_J The project site is within a residential area and very close proximity to existing residences. Additionally, the existing facility is adjacent to a private golf course. All projects near the public present a burden to residents. Although the Contractor is required to mitigate construction nuisances, it is the Construction Management Team's responsibility to enforce such mitigation measures. The potential always exists for dust and fine debris to create unfavorable conditions for the nearby public. The greater the inconvenience to the public, the more the public will become discontent with the project. Minimizing the burden to the public during construction will be instrumental in achieving a successful project 'Coordination of Several Trades Working Simultaneously The project requires work of a variety of different disciplines to not only be constructed properly, but to be coordinated with each other, many of which will not interface with one another until later in the project. For example, the concrete work must be carefully planned; however it will be critical to consider the interfacing of other work elements such as the mechanical piping, necessary embedment items, location of GAC vessel anchors relative to reinforcement bar, as well as electrical work such as conduit penetrations and stub -ups. Approaching the work with a narrow focus on only the task at hand without due consideration for other disciplines can lead to errors and deficient work, required re -work or remediation; all problems that can increase costs and impact schedule. Allowing the various disciplines to forge ahead without coordination and planning would be a recipe for problems. Also, as mentioned above, the project is on a constrained site, therefore space and site logistics must factor into coordination of the various trades. ,4KM Proposa.L21-1091 Scope -1 Rawom 91A !1 *[Qt iLead=Time.IssuesforP1p[ngandE uqipment___---__-----.._.__-_..----.-.--- Being specialists in the field of water resource engineering, AKM is aware that our industry is currently experiencing delays in fabrication of equipment as well as materials shortages, resulting in delayed lead-times for treatment equipment, electrical equipment, pipe material and pipe appurtenances such as valves. AKM has learned on recent projects that is important to maintain communication with Contractors during the submittal and procurement phase to ensure that they maintain ample pressure on their suppliers and fabricators so that lead-times do not extend out any longer than necessary. For this reason, it is critical to continue to conduct regular progress meeting to obtain updates on the progress of fabrication of equipment for the project during the preconstruction phase. If necessary, the Contractor will be requested to have their suppliers/manufacturers present during virtual meetings to provide updates on the fabrication process. It is also critical to facilitate timely review of submittals associated with long lead-time equipment. As our team possesses direct experience with the type of GAC equipment required on this project, we plan on assisting in bridging the gap of understanding between the Design Engineer, the City, and Contractor, to ensure that comments are addressed and back -and -forth submittal responses do not stalemate the submittal resolution processes. Our Construction Manager will pre-screen these submittals to ensure they are complete and ready for review by the City and the Design Engineer. Equally important will be to review the responses provide by the Design Engineer to ensure they are complete, relevant, and consistent with the Contract Documents. Equipment Installation, and Verification One of the more overlooked aspects of mechanical treatment facility construction is the process of proper equipment installation, verification and testing. The proposed treatment equipment is intended to serve the City and its residents for several years to come, and in order for the facility to function for its full useful life, the equipment must be installed to function properly. To properly facilitate this multistep process, it takes an experienced team who is familiar with the equipment, installation procedures, working with manufacturer's representatives, overseeing individual equipment testing, as well as operator training. Ensuring that the equipment is not only installed pursuant to the manufacture's guidelines, but also that the manufacturer has an authorized representative visit the site to verify the installation, perform any needed calibration or tuning, and provide written certification that the equipment has been installed properly, will be a key responsibility of the Construction Manager and Inspector. It has been our experience that results of system startup and demonstration testing have a higher degree of success when the proper procedures for individual equipment testing and verification are completed. It is alsoimportant that the process is followed for warrantee work as manufacturers may deny warrantee claims if a clear verification and installation record is not provided. Construction Completion Time In construction, time is always of the essence. Due to the potential impacts to the public and close proximity to residences, there is an even greater need for completing the work within the allotted contract duration. Additionally, the longer the project extends, the .greater the burden will be to the residents and public, increasing complaints, and overall dissatisfaction. Projects which overrun the schedule also tend to result in a higher overall cost when finally completed and could lead to Contractor delay claims. APPROACH TO MITIGATING KEY ISSUES AND CHALLENGES What is evident in the paragraphs above, are the interrelationships of the key project issues. A direct effect of one of the issues results in an unintended consequence to the others. AKM will effectively, promptly, and proactively monitor and manage these issues for the entire duration of our services on the project. Our methodology for handling the above identified issues is described in the paragraphs below. A' Commitment taDocumentaH_0 , AKM takes great pride in our project document control, believing that effectively managing project documents reduces our client's risk, can help avoid and resolve project disputes, improves project lifecycles, and promotes contractor accountability. We will keep project documentation in strict accordance with the project requirements. Such diligence is a representation to involved parties, that prudent project management and administration is being implemented. Project documents will be ready for review and/or audit anytime one is mandated or requested. Our commitment to documentation will also allow the Construction Inspector to verify AKMropo3aV21 -1091 Scope. -2 that all required submittals, schedule updates, and red line drawings are being submitted in a timely manner by the Contractor so that construction progresses as planned. Because it is clear that documentation, communication, coordination amongst several different project participants, responsiveness and bringing the project to an expeditious completion will be key to a successful project, AKM is proposing to provide a cloud -based document control system. AKM proposes Procore, an interactive web -based project management and document control system. The goals of the system will be to reduce document response turnaround time, eliminate redundant record keeping and data entry, improve transparency and accountability across project participants, and provide the City real-time access to all project information, documentation and overall project status. The system will host all project documents including plans, specifications and appendices; contain portals to manage the RFI and Submittal processes; will host the CPM schedule; host the project as -built drawings which can be updated by authorized users; store all project photos; contain a module for punch list creation; and allow for hosting and distribution of daily construction reports. The advantage that Procore has over comparable systems is that it has an app based platform. This means that our proposed Construction Inspector, can add photos, respond to RFIs, process submittals, complete a daily report and create punch list items from a smart phone or tablet. Additionally, AKM has noticed that Procore has better use adoption from peripheral project participants, than compared to comparable systems that we have used. An added benefit is that documents and emails sent by project team members or stakeholders outside of Procore, can be easily synched back into the system for filing and storage; whereas other comparable systems do not possess this functionality. We have recently received feedback from clients and Contractors that Procore is easier to utilize than other comparable systems. Finally, archiving of the Procore system at the conclusion of the project can be completed within a day; where as some comparable systems take months to receive the complete archived project file. We.Responsive Capital improvement construction projects are a dynamic and ever evolving endeavor. Circumstances can change without warning and as previously mentioned, time is always of the essence. It is therefore a hallmark of AKM to be extremely responsive to the Contractor, the City, surrounding community, permitting agencies, utilities, as well as any other project stakeholders. We are committed to the project day and night, the project does not end for us at 5:00 PM. AKM will diligently and expeditiously respond to project participants, transmit necessary information, and coordinate between various project participants when necessary. Our commitment to be as responsive as possible will aid in avoiding delays, as well as maintaining good project relationships with all involved parties. This also will aid in maintaining work flow during shutdowns/tie-ins, coordination of and testing the new pipelines and equipment, as well as startup and testing of the facility. There likely will be issues that arise that cannot wait to be addressed and attended to. AKM understands that it is part of a team that includes the Contractor, the City, permitting agencies, utility owners, as well as residents sharing in the common goal of project completion on time and within budget Communications will begin from the commencement of the project during the design phase, during preconstruction activities, and continue through completion. Coordination and cooperation amongst project participants is best achieved when relationships founded on open communication are established. Such communications will allow AKM to most effectively deal with problems identified with the schedule, delays, utility conflicts, and addressing public concerns related to construction. We will conduct a productive Preconstruction Scheduling Conference to review the CPM schedule with the Contractor and the City. It is also proposed that AKM meet with Contractor informally prior to the preconstruction meeting so that our respective project teams can meet and begin building a working relationship. This provides an opportunity for the Contractor to share project concerns and AKM to express expectations prior to being in a room full of the design engineers, the City and outside agencies. The practice of this informal meeting has paid dividends on recent projects building trust between the construction management team and Contractor and setting a collaborative tone for the project. AY,M Pr0posa7i21-1091 Scope, -3 iDi. Iigen1vPursueProjectCompletion, A lagging or drawn out project completion period can create a perception that an otherwise successful project is not successful. Project closeout within the schedule is of the utmost importance to AKM. We will diligently pursue all completion activities including collection of all final compliance paperwork from the Contractor,. final payment quantities, the completion of as -built record drawings, final guarantees, warrantees, and final lien releases. Our diligence will help ensure that the project comes to an expeditious closure, that permit requirements are met and closed out within the time limits specified, that the project presents no further burden to the public and nearby residences, and that the proposed facilities turned over to the City .for beneficial use are of the highest quality, and are properly tested to function as intended by the design. PROJECTQ. Our Construction Management Team will diligently manage the project budget so not to create cost overruns during the prosecution of our services. Although the Project Manager will have ultimate responsibility for tracking, managing and reporting budget status to the City, every team member participates in project management. Our Construction Manager and Inspector are required to thoroughly review and understand the project specific scope of work prior to beginning our services, and to log hours spent on the project daily. The Project Manager reviews accrued project hours weekly. Additionally, the Project Manager carefully analyzes project costs and staffing requirements and assigns work hours to project team members accordingly the prior week services are scheduled to be rendered. Adherence to our project budgets relative to construction percent completion based on schedule will be communicated to the City monthly, or at any other interval desired by the City. The City will be notified in writing when reaching budget milestones of 25 -percent, 50 -percent and 75 -percent of total cost exhausted. AKM will not exceed the budget limits agreed to: AKM's Construction Manager will review all deliverables and will screen Inspector Daily Reports on a daily basis. Our Construction Manager will also perform field visits at least twice a week to keep abreast of project issues and to ensure project goals and objectives are being carried out in the manner planned, and to AKM and the City's quality standard. Task 1 — Construction Management and ProiectManagement ..... _ _.._ Our Project Team will conduct a constructability review of the project contract documents including City's front end documents, technical specifications and contract drawings. The overall objective of the constructability review will be to minimize costly changes and delays prior to project commencement, which could significantly reduce resources used during construction to respond to RFIs, change orders and/or resolving claims. The review will also serve to improve upon the overall design package distributed to construction contractors for the purpose of bidding, and to maximizeproject efficiencies while reducing overall costs and compressing the schedule to the greatest extent possible. The constructability review will include a review of the plans and specifications to suggest alternatives to materials, equipment, or even designs that can save the City up -front construction, costs or long-term maintenance costs. The AKM Project Team will also review the project plans and specifications to identify conflicts, risks, errors, and omissions; assess the general feasibility of the design, verify that sufficient information is provided by the plans and specifications for a Construction Contractor to provide an accurate bid for the proposed project, verify that the documents will yield pricing within budget; verify that sufficient detail is provided for a Contactor to construct the project as intended and avoid costly delays or change orders during construction; contact manufacturers and suppliers of major equipment to determine and/or confirm lead times, assess the reasonableness of the planned project duration, assess the reasonableness of the engineer's estimate, assess traffic impacts and other impacts to the surrounding community; and evaluate project site logistics and constraints. We also evaluating long term maintenance concerns with the design and potential alternatives geared towards eliminating possible maintenance issues. The findings and conclusions of the constructability review will be documented and presented to the City in a well -organized report. Once the design package is finalized, the AKM team will coordinate with the City and Design Consultant to assemble the final bid documents and help facilitate the bidding process. ,During the bid period, AKM will support the City by fielding and documenting bidder's questions, as well as coordinating responses. AKM will AKM Pro-posab 21 -1091 Scepei"4 analyze Contractor bids to identify flaws; omissions in either the bid quantities or required paperwork; items which may have been underbid based on prevailing material or equipment prices; verification of the status and standing of Contractor licenses; verification of Contractor's previous experience and references by contacting and interviewing listed references; verification of financial standing if required; and tabulating all bids in a spreadsheet format for a side-by-side comparison against the engineer's estimate. After a thorough review of all bids, a recommendation of award will be submitted to the City. Task 2 —Inspection We are providing a highly qualified and experienced Construction Inspector to verify compliance of the daily construction work. Daily observation and quality assurance of the proposed work will constitute enforcing strict adherence to the City Standards and regulations; the project plans and specifications and requirements and standards of any permitting agencies at all times during the Contractor's prosecution of the work Inspection services will verify that the construction is in accordance with all Contract Documents. This will be achieved through thorough visual inspections and observations, physical testing, and documentation of all construction activities occurring on site, and material and equipment manufactured or stored off site. Prior to beginning construction, and particular work'tasks, the Construction Inspector will be responsible for verifying that the Contractor has all applicable submittals and shop drawings onsite to control the work. He will continually verify that the submittals and shop drawings are adhered to during the work. Daily reports will be prepared by the Construction Inspector for each day on the project. The daily report will contain a written summary of work completed and all construction activities occurring at the site. The summary will contain specific times and durations that work or events occurred. Thedaily report will also document weather conditions; drawing and specification references for work completed; traffic control measures taken by the Contractor; quantity of materials used; quantity of materials not used yet stored on site; work completed as a percentage of the appurtenant bid item, equipment on site and whether the equipment was used or idle; time that equipment was used on the project; and the names, labor classifications, and hours I for all Contractor employees. Detailed descriptions will be provided to document any conversations with the Contractor's Field Superintendent or other Contractor personnel, directives given to the Contractor, non-compliance notices issued, any construction issues identified by the Contractor, and any visitors to the project site and their purpose for being there. The Construction Inspector will make notations in the daily report regarding the safety measures employed by the Contractor; any safety concerns, violations, or deficiencies noticed; and action taken by the Contractor to correct them. The daily report will also contain notations regarding potential conflicts that may result in a request by the Contractor for a contract change order. If no issue or conflict is discovered for a particular day, the Construction Inspector will note that in the report. Time noted and dated photographs of construction activities will be included in the daily report. The photographs will contain descriptive captions explaining the work, location of the work at the project site, and position/direction the photograph was taken from. Sketches, drawings, or details will be prepared as necessary to explain and document daily construction activities, and will be included in the daily report. Daily reports will be completed the same day the observations are conducted to ensure the accuracy and completeness of the report All Daily Reports will be completed in, and submitted through our proposed web -based document control system Procore. The Construction Inspector will maintain and keep a running project punch list subdivided into the different project work areas/tasks. He will document all unresolved items and review the list once per week with the City. Our Construction Inspector will preside over pressure testing, chlorination and bacteriological testing, electrical testing and overall start up testing and commissioning. Strict adherence to the project specific requirements, applicable regulations as well as standards of practice will be maintained. All testing will be carefully documented, including all retests. AKM Propoaat,21-1091 Scopes -5 ,Task 3 - Meetings Project Meetings will be conducted by the Construction Manager. He will also develop the agenda and seek input from the City. Our Project Manager will attend meetings as necessary and when requested by the City. Preconstruction Meeting The entire Project Team will participate and attend the meeting. The agenda will be generated by and meeting conducted by the Construction Manager. The meeting shall be attended by representatives of the City, the Construction Management Team, the design engineer, the Contractor and their major subcontractors and suppliers, and all other project stakeholders such as local authorities including police and fire departments, other affected utility/facility owner's personnel, and any, other regulatory agency having jurisdiction over the project. The meeting will review the project objectives, introduce key personnel for the City, AKM, the design engineer, the Contractor and define their roles on the project, discuss the Contractor's initial CPM Construction Schedule; review labor compliance requirements, progress payment procedures, and project record keeping; establish project lines of communication, appropriate project site conduct, and other project procedures; and discuss public relation concerns and procedures. An agenda will be prepared by AKM and distributed to the City's project staff a minimum of five (5) business days prior to the meeting. A written record of attendance and detailed meeting minutes of items discussed shall be prepared and distributed to all attendees by AKM. Our meeting minutes will clearly and completely document all items that were discussed including all discussion points raised regarding the items, rather than providing an expanded agenda with bullet points. A list of Action Items will be created at this meeting and our team will follow up to ensure that the items are taken care of in a timely manner. A separate meeting is recommended for review of the baseline schedule. The initial baseline schedule review meeting would be conducted by our Project Manager who will take the lead on schedule reviews and schedule maintenance throughout the project Progress Meetings It is suggested that a brief meeting is conducted between the City and, AKM prior to each progress meetings to ensure both parties are on the same page and deliver a consistent message. Attendees at the progress meetings will include key representatives from the City, AKM, the design engineer, the Contractor, and any other agencies having jurisdiction over the project. The following are typical items that are anticipated to be addressed during meetings: Work completed during the previous 2 weeks, overall schedule review, submittal status, schedule of work for the next two to three weeks, future items requiring coordination, RFI status, as -built drawing maintenance, progress payments, contract change orders, site maintenance and safety, and Contractor performance relative to project schedule, cost, and frequency of non- compliance notices and/or corrective work. AKM may schedule special meetings with the Contractor in addition to the progress meetings in order to address issues resulting in any Contractor deficiencies. Meeting agendas will be provided in advance of the meeting. All meeting minutes will contain action items that resulted from the meeting's discussions. The action items list will be updated and discussed at each meeting to verify that issues, are being resolved and do not slip through the cracks. Following the meeting, AKM will draft and distribute meeting minutes within two (2) business days. Meeting agendas and minutes will be created and distributed through our proposed web -based document control system Procore. LTask 4 - Schedule. qd Budget --_—_--- The baseline CPM schedule will be the barometer from which Contractor's performance will be evaluated. During the preconstruction phase of the project, the Contractor will be required to submit a baseline CPM schedule which will be refined following a scheduling meeting conducted between the AKM Construction Management Team, the City and the Contractor. During this period, AKM will review the schedule for the AKM Propobab21-1091 Sc6pe-6 overall feasibility and duration of specific activities, as well as evaluate interrelated activity constraints and analyze all logic relationships (i.e. predecessor and successor activities). During construction, the Construction Inspector will track manpower daily as well as log total working days charged to the CPM schedule activity codes. Doing so keeps a running score of the Contractor's adherence to the schedule in relation to time, manpower and cost. The daily activity codes charged to the project each day will be recorded in the Construction Inspector's daily report. Such daily tracking will allow AKM to preemptively identify potential delays or project problems. When critical activities approach their completion dates, or when non-critical activities begin to use up the allotted float, AKM will immediately bring such issues to the attention of both the City and the Contractor. The Construction Manager will be responsible for reviewing and commenting on the monthly schedule updates as well as the weekly look -ahead schedules. He will also review time impact analysis (TIA) when submitted. Will suggest that the final design package require weekly look -ahead schedule to be submitted in advance of the weekly progress meeting in order to discuss the schedule as well as communicate to the Contractor any concerns or comments Reports Monthly Project Report will be produced by the Construction Manager and presented to the City. The reports will include a summary of work completed and work in -progress since the previous report, planned activities within the next 4 -weeks, potential change orders and risk items, as well as project completion status as a function of project time and cost. AKM will also include a running total of AKM's consulting budget. Billing Our assigned Project Manager will be responsible for review of all consultant invoices and preparation of AKM's monthly invoice to the City. The invoices will be prepared on a form acceptable to the City. Task S' Sub mittalsand,RFTs Shop Drawings/ Submittals AKM will maintain and manage the project submittal register to track each submittal and identify the date the submittal was received by AKM, the date it was transmitted to the City and the Design Engineer for review, the date the submittal comments are due back to the Contractor, the date the submittal was returned by the City and the Design Engineer and the noted status of the submittal (for example: no exceptions taken, revise and resubmit, make corrections noted or submit specified items). The submittal register will also track each re- submittal as noted above when re -submittal for an item is required. AKM will distribute the comments back to the Contractor as well as the final submittals. The submittal process will be managed using our proposed web - based document control system Procore. All submittals and shop drawings, including all responses, will be through Procore. Procore auto generates submittal log/schedule and can be programmed to update and distribute at any interval. Prior to construction, AKM will develop an expected submittal list to use as a tool to compare to the Contractor's initial submittal list. The two lists will then be collaboratively merged after review and discussion with the City and the Contractor. We anticipate our Construction Management Team to review certain submittals, (i.e. CPM schedules, submittal schedule, the schedule of values, the project specific safety plan, Contractor's QA/QC plan, etcetera) we, will review all required submittals in a thorough and expeditious manner within the required timeframes to facilitate construction progress. In the interest of making the most efficient use of the City staff and the Design Engineer's time and resources, all submittals and construction documents will be prescreened by the Construction Management Team prior to transmitting to the City and the Design Engineer so that we may verify that the information is complete, relevant and ready for their review. During Construction, AKM's Construction Manager and/or Inspector will review all reports, certifications and testing reports, such as mil certifications for reinforcement bar, compaction testing and laboratory materials testing. All tests will be documented and logged. Test reports that are incomplete or indicate non-compliance AKM i ropo.a.L21-1091 Scope.1-7 will be sent to the Contractor for revisions. AKM will discuss the results of the test with the City and provide recommendations for action. RFPs All requests for information or clarification of interpretations, meaning and intent of the project Contract Documents will be forwarded to the AKM Construction Management Team by the Contractor. Responses to issues pertaining solely to construction activities will generally be addressed by AKM's assigned Construction Manager or Inspector, in consultation with the City. Issues pertaining to project design, interpretation, and/or meaning and intent of the Contract Documents will be forwarded to the Design Engineer for review and response with a copy to the City. As with submittals, the RFI process will be managed and hosted by the Procore system. A complete log of requests for information or clarifications will be available at all times and auto -update within Procore as RFI's are uploaded and responses transmitted. Procore automatically monitors response times and preemptively informs the responsible reviewer of contractual response durations in advance of the deadlines. Potential Claim Management The entire Construction Management Team will preemptively monitor for potential conflicts that may result in a contract change order. Daily notations of any conflicts observed or potential contract change orders will be made in the daily reports. Detailed accounts of any disputes with the Contractor relating to the project scope of work will also be documented in the daily report AKM will immediately notify the City in writing when a conflict, dispute, design problem and/or potential contract change order arises. We will also open a "Risk Item" in the project file to track the evolution of the issue. {Task_6.:- Materials and Compaction All materials testing will be scheduled by the 'Construction Inspector and provided by our proposed sub - consultant Ninyo and Moore Geotechnical. The Construction Inspector will be responsible for presiding over the testing and inspections and ensuring that reports produced by Ninyo and Moore are thorough and complete. It is anticipated that materials testing services will be required for soil compaction testing; concrete placements, compressive strength testing for concrete, asphalt concrete paving compaction testing; sampling and laboratory testing for fill materials, asphalt concrete paving materials, and aggregate base; as well as reinforcing steel. Laboratory tests for fill materials will -include gradation, resistivity, chloride concentration, and sand equivalence. A detailed list of each test, separated by category, will be logged by AKM. ;Task 7 - Public Relations The Construction Management Team will assist the City staff with the planning, coordination and hosting of any necessary public outreach. Our Team will be prepared to answer any questions from the public related to construction with clarity and in terms the general public can easily understand. All of Our Proposed Construction Management Team Members will represent the City with professionalism, courtesy and integrity while working on the project. Part of our role will be to assist the City with public relations which may include distribution of public notices to the surrounding public as well as interfacing with residents, business owners, homeowners associations and the general public on a day-to-day basis while in the field. We will also be available to respond to written inquiries or complaints from the public regarding construction. °,Task8, -ProgressP!qyments ,Chan.AeOrders__-_.__-----____—__._.__�________.___.__.._��__.__._._______..______! Progress Payments The AKM Construction Manager will review the Contractor's submitted schedule of values at the beginning of the project and prior to mobilization. We will verify that a sufficient breakdown of the bid items is provided in order to allow for equitable reimbursements through monthly progress payments. We will also verify that the breakdown is logical and accurate to avoid front or end loading of particular items. A properly executed schedule of values aids in avoiding disputes when reviewing progress payment quantities with the Contractor. AKM, Propasa.L21-1091 Scope . 8 i During the progress of work, AKM will track and measure actual quantities of work daily including materials and equipment used and incorporated, as well as labor. At the conclusion of each month, the Construction Inspector will compare the data tabulated throughout the month to the project schedule of values to determine the approximate cost of the work completed. The approximate costs will serve as a basis for determining the appropriate monthly progress pay quantities. Once the Construction Inspector and the Contractor agree on the quantities, and all required paperwork requisite to payment release such as the CPM schedule update and narrative, certified payroll reports, preliminary lien releases from subcontractors and suppliers, and as -built drawing updates are received; AKM will transmit the costs per bid item to the City recommending monthly payment quantities. Requests for quantities exceeding that which have actually been completed will not be accepted. Change Orders The Construction Manager will be responsible for managing the change order process. The Construction Inspector will provide input necessary for resolution of change orders or claims. When time and material work is ordered, or disputed work arises, time and material or disputed work logs will be maintained by the Construction Inspector. Our approach to Change Order and Claims Management is to partner with our client and advise them on the merits of the demand, regardless of how small. This effort requires thorough analysis of each issue and goes far beyond simply processing paperwork. Contract change order proposals and/or claims will be received by the Construction Management Team and reviewed for merit and reasonableness of cost. The change order or claim will also be forwarded to the City for review and comment. If the change order or claim request is determined to be meritorious through a cooperative effort with the City, AKM will prepare a written justification for the contract change order or claim. AKM will also negotiate with the Contractor in order to reach a mutually agreeable cost and terms of the change order, or resolution of a claim. AKM will not authorize work or agree to the resolution of a claim without conference with, and prior written approval by the City. Final agreements for resolution of claims will be in writing between the City and the Contractor. All time extension requests will be reviewed by the Construction Manager. He will carefully analyze the Contractor's submitted time impact analysis and then provide a recommendation for action to the City. ,Task 9-Startum Testing aud'Perrnitting Prior to beginning startup testing, AKM will conduct an inspection to verify that all required work has been completed; that equipment and instruments have been calibrated and pre -tested by the Contractor; and that the City, AKM and the design engineer provide a favorable review of the Contractor's Startup Testing Plan before conducting final startup testing. It is recommended that the Contractor is required to submit his Startup and Testing Plan no later than 90 days prior to testing. AKM will ensure that the plan is submitted in accordance with this important requirement to provide all parties ample opportunity to review, discuss and comment on the plan. The startup and commissioning/testing plans will be reviewed by the Construction Manager and our Construction Inspector. During field testing of each individual item of equipment and system demonstration, the Construction Inspector will carefully observe and document the results. The Construction Manager will also be responsible for coordinating with the necessary City and Design Engineering personnel for the testing and startup activities. The Construction Management Team will coordinate with the necessary parties for startup and final testing of the completed improvements. All equipment will be required to be individually tested and verified prior to scheduling the systems operational testing, or startup testing. This will entail verifying that manufacturer's representatives have verified proper installation of their equipment and/or instrumentation, and the Contractor has executed and submitted the Manufacturer's Certificates of Functionality Compliance. Additionally, testing and start up will include hydrostatic testing of piping; testing of all protective coatings; electrical testing including insulation resistance, resistance to ground testing, and circuit breaker testing; instrumentation and verifying that the proper signals are being read by the PLCs and central control; and coordination of integration with the existing, SCADA system. The automation planned will require thorough checking of all the instrument and control loops and the PLC control strategy must be verified, line by line. AKM PropoSa,L21-1091 Scopes -9 V90. Our Construction Manager will coordinate the operator training programs and curriculum submittals with the City. He will develop and keep a master schedule of all training programs and curriculum as well as anticipated training dates which will be coordinated with the City and their operations staff. Task 10 Closeout and Training' _ r During the course of the Project, AKM will keep a running list of issues and corrections requiring resolution within the Procore system. The list will include a description of the issue, date the issue was first observed, and date the issue was resolved. The goal of the list will be to create a real-time punch list to resolve issues prior the end of the project, minimizing the size of final punch lists. Once the AKM .Construction Management Team determines the Project has reached substantial completion, the City will be notified and a final inspection/walk through will be recommended to ascertain any unfinished work or corrections to be made. It is anticipated that the final inspection/walk through will include the City staff the Design Engineer and AKM. Based on the findings and results of the final inspection/walk through, AKM will develop a final punch list of work to be completed and/or corrected. The final punch list will include all necessary outstanding paperwork such as final operations and maintenance manuals, required guarantees, certifications, affidavits, warrantees, lien releases, as -built drawings, permit close-out verification and other documents required by the project's Contract Documents. Once all items have, been completed to the satisfaction of the City and the Design Engineer, AKM will recommend final acceptance. During project closeout activities AKM will .obtain from the Contractor any and all required guarantees, certifications, affidavits, operation and maintenance manuals, warrantees, and other documents required by the project's Contract Documents. AKM will then review the documents to verify that all documents are complete and accurate. Should incomplete or inaccurate documents be discovered, AKM will notify the Contractor for revision. Operation and Maintenance manuals will also be distributed to the City for their review and comment. Once determined to be complete, AKM will transmit all of the documentation described above to the City. Prior to the end of construction, our Construction Inspector will develop a list of all required spare parts, separated by discipline and will include model number and manufacturer. The list will be used as a checklist to verify receipt and transfer of all require spare parts. Once the Contractor has successfully completed startup and commissioning, any required operational period, and operator training, AKM will issue a notice of substantial completion to the Contractor. The letter will indicate the date of the required 11 month warrantee inspection. Following completion of a project, the final as -built drawings will be reviewed and when determined to be complete, will be transmitted to the City for review and/or approval. A recommendation for final acceptance will occur once all required documents and spare parts have been verified to be submitted and approved, and following completion of the punch list as described above. AKM will first make a recommendation to the Cityfor notice of completion and once concurrence is received, we will prepare and distribute the notice. A complete electronic copy of all project documents and correspondence will be created, organized and provided to the City via a flash drive. The flash drive will be transmitted to the City at the conclusion of the project Our Construction Inspector will review and reconcile the final bid items with the Contractor, resolve pending issues and recommend processing of final payment once all conditions have been fulfilled. AKM Propo�ab21-1091 scopel-10 SECTION 4 REFERENCES AKM Consulting Engineers has completed, and/or is currently working on construction management assignments for the following clients. Contacts are listed for your reference to confirm the quality of our work and responsiveness provided by AKM. CYPRESS. WATER PRODUCTION FACILITY -UPGRADES ! 'City of Lomita - 24300 Narbonne Avenue; Lomita; CA 90717 3 p LO'�rr�t. Contact: Mr. Mondher Saied, P.E., Senior Civil Engineer (310) 325-71.10x1.10 °4Tti v m:saied0lomitacity.org Construction, Cost: $3,571,000' A/E Fee: $414,000. Schedule:02/2021-Current (3/2022 expected completion) t Role: Prime Construction Management / Inspection EQUPPING OF WELL 16 AND TREATMENT PLANT City Of Paramount -16400 Colorado Avenue, Paramount, CA 90723 Contact: Ms. Adriana Figueroa, Director of Public Works (562) 220-2100 afigueroa paramountcity.com Construction Cost: $6,800,000 A/E Fees: $650,000 Schedule: 05/2020 - 01/2022 Role: Prime Construction Management / Inspection Contractor: MMC Inc. _ MICROFILTRATION STEEL FILTRATE (BREAK) TANK REPLACEMENT PROJECT ys 8 q„ West Basin Municipal Water District -17140 South Avalon Blvd., Suite 210, Carson, CA 90746 3 z. Contact: Ms., Veronica Govea, Engineering, Supervisor (3.101 660-6269 wiveronicagOwestbasin.org i- Construction Cost: $2,600,000 .A/E Fee: $345,000 Schedule: 06/2020-103/20.21 Role: Prime'Construction Management / Inspection LONG BEACH MUNICIPAL STORMWATER TREATMENT FACILITY (LB -MUST) City of Long Beach - 411 W. Ocean Blvd., 5th Floor, Long Beach, CA 90805 Contact: Mr. Colin Averill 562-570-6679 colin.averill@lon bg each.gov Construction Cost: $45,000,000 A/E Fee: $2,000,000 Schedule: 1/2017-07/2023 • Role: Prime Construction Management / Inspection ALAMITOS' BARRIER IMPROVEMENTS'PROJECT Orange County Water District -18700 Ward. Street, Fountain Valley, CA Contact: Mr. Ryan Bouley (714),378w8207 rliouley@ocwd.corn �, ea Bid -Build: Construction Cost: $3;600,000 A/E Fee., $423,720 Schedule: 9/2017-11/2018 Role: Prime Construction Management f Inspection EQUIPPING OF LEAHY WELL Bellflower Somerset Mutual Water Company -10016 Flower Street, Bellflower, CA 90706 - Contact: Steve Lenton (steve(@bsmwc.com) (562) 866-9980 -i^ Construction Cost: $2,500,000 A/E Fees: $300,000 Schedule: 4/2021- 3/2022 Role: Prime Construction Management/ Inspection AKM P roposa1,21-1091 Referancek-1 t M ��M ���M MMM ��� t M MMM AKM Consulting Engineers k 553 Wald Irvine, CA 92618 Telephone: 949.753.7333 Facsimile; 949.753.7320 www.akmce.com July 1, 2022 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attn: Ms. Iris Lee, City Engineer / Deputy Public Works Director Water Resources Infrastructure Construction Management Subject: Proposal 111- Lampson Well Treatment System - Construction Management and Inspection Services Dear Ms. Lee: In response to your Request for Proposal dated October 18, 2021, and Addendum 1 dated November 2, 2021, AKM Consulting Engineers, a SBA Certified Small Business Enterprise, is pleased to submit this fee proposal to provide construction management and inspection services for the Lampson Well Treatment System Project for the City of Seal Beach (City). All charges for AKM's services are a not -to -exceed fee and are in accordance with the City's RFP. Our fee proposal is based upon the level of effort anticipated to implement the work plan contained in AKM's technical proposal. Our rate schedule, used for the creation of our fee, has been included in this fee proposal as well. The rate schedule is used for invoicing purposes, progress payments, and extra work that may be requested. If any additional work is required, AKM will obtain pre -approval from the City before proceeding with the work. We appreciate the opportunity to submit this fee proposal and look forward to working with the City of Seal Beach on this most important and challenging project. If you have any questions or require any additional information, please do not hesitate to contact the undersigned. Sincerely, AKM Consulting Emin oftruction Management AKM Proposa.L21-1091 Fez 1 AKM CONSULTING ENGINEERS RATE SCHEDULE Labor Classification Hourly Rate 2022 Principal $239 Principal Engineer $239 Project Manager $235 Project Engineer $221 Senior Construction Manager $219 QA/QC Manager $2.19 Senior Engineer $203 Senior Field Engineer/ Inspector $186 Construction Manager $180 Field Engineer/ Inspector $158 Associate Engineer $158 Staff Engineer $140 Financial Analyst $128 Senior Designer / Senior CADD Technician $110 Designer/ CADD Technician $102 Assistant Engineer $101 Engineering Technician $93 Engineering Aide $79 Office Support $79 Data or Word Processing $77 Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be invoiced at cost plus 10%. Subcontracted services will be marked up 10% in order to cover costs associated with administration, coordination and management of subcontractors. Mileage will be invoiced at $0.65/mile. This schedule of rates is in effect until June 30, 2024, at which time it may be adjusted. AKM Proposa.L21-1091 Fee. -2 '�V 5 Descriptiontroposal-'%1- Task 1- ConstructionMana ementandProject-Management. Labor Manager July 1, LILL Hours and Rates Manager :1 by Classification Inspector Total Hours...__ LaborTatal — - Fees Expenses I Total Cost 1.1 Project Management Communication 4 32 2 38$ 7,016.00 $ 4,500.00 $ 11,516.00 -and 1.2 Constructabllity Review 8 24 16 481S 8,728.00 $ 8,728.00 L3 Bid Support 2 4 6 $ 1,190.00 $ 1,190.00 SUBTOTAL 14 601 18 921$ 16,934.00 $ 4,500.00 $ 21,434.00 Task Z--lns ection 2.110n -Site Inspection 21 241 9001 9261$ 146,990.00 $ 5,000.00 1 $ 151,990.00 SUBTOTAL 2 24 900 926 $ 146,990.00 1 $ 5,000.001$ 151,990.00 Task37'Meetings 3.1 Preconstruction Meeting 2 12 2 16 $ 2,946.00 $ 2,946.00 3.2Project Management Meetings w/City 8 16 32 56 $ 9,816.00 $ 9,816.00 3.3 weekly Progress Meetings 8 80 8 96 $ 17,544.00 $ 17,544.00 SUBTOTAL 18 108 42 168 $ 30,306.00 $ $ 30,306.00 Task4-Schedulea6rl Budget 4.11 Baseline Schedule Review 8 2 2 12 $ 2,556.00 $ 2;556.00 4.2 Scheudle Updates and TIA Review 16 4 4 241$ 5,112.00 $ 5,112.00 SUBTOTAL 24 6 6 361$ 7,668.00 $ $ 7,668.00 Task 5 - Submittais.and RFI's 5.1 Submittal Management 4 40 8 52 $ 9,404.001 $ 9,404.00 5.2 RFI Management 8 40 8 56 $ 10,'344.00 $ 10,344.00 Potential Claims Management (Allowance, Only if 5.3 Authorized)) 8 40 8 56 $ 10,344.00 $ 10,344.00 SUBTOTAL 20 120 24 164 $ 30,092.00 $ $ 30,092.00 Task 6- Materials and Compaction 6.11 Materials Testing 41 16 20 $ 3,820.00 $ 12,500.00 $ 16,320.00 SUBTOTAL 4 16 0 201$ 3,820.001$ 12,500.00 1 $ 16,320.00 Taski-'Pu- blic'RelaUcins 7.11 Coordination of PR Issues 21 241 81 0 $ 6,054.00 SUBTOTAL 2 24 8 34 $ 6,054.00 $ $ 6,054.00 Task 8- Progress, Payments and Change Orders - 8.1 Schedule of Values Review 4 $ 720.00 $ 720.00 8.2 Progress Payments 2 20 8FJ446 $ 5,334.00 $ 5,334.00 8.3 Change Order Management 4 8$ 2,204.00 $ 2,204.00 SUBTOTAL 6 24 16 $ 8,258.00 $ $ 8,758.00 Task 9 -'Startup, Testing,'and Permitting_ - 9.1 Startup Testing 8 40 40 88 $ 15,400.00, $ 15,400.00 9.21 Operator Training Coordination 41 21 61$ 1,036.00 $ 1,036.00 SUBTOTAL 8 44 42 94 $ 16,436.00 $ $ 16,436.00 Task10- Closeaut and Training 10.1 Punch Ust 21 8 16 26 $ 4,438.00 $ 4,438.00 10.2 Project Closeout Activities 10.3 Final Payment 16 4 8 2 24 $ 4,144.00 6 $ 1,036.00 $ 4,144.00 $ 1,036.00 10.4 Project File 2 2 2 6 $ 1,146.00 $ 1,146.00 SUBTOTAL 4 30 281 62 $ 10,764.00 $ \ $ 10,764.00 AKM Pvoposab21-1091 -N Fez -3 EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required 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." 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. -1 ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 7/26/2022 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd., Suite 230 Lafayette CA 94549 CONTACT NAME: Nancy Ferrick PHIAICNN Ex , 51D-272-1400 aC No: E-MAIL ADDRESS: nancy.ferrick@assuredpartners.com INSURERS AFFORDING COVERAGE NAIC # Y INSURERA: Sentinel Insurance Company. 11000 License#: 6003745 INSURED AKMCONS-01 Travelers Casual and Sure Co of America 31194 AKM Consulting Engineers, Inc.553 Wald Streetc: Trumbull Insurance Com an 27120 CLAIMS -MADE Fil OCCUR Irvine CA 92618-4627 LINSURERB: D: E: F : DAMAGE TO RENTED ) AMA ETEDPREMISES Ea occurrence $1,000,000 PREMISES rnyFRerF=C CFRTIPICATE NLIMRFR-1r17rutswu n 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. OF INSURANCE ADDLTYPE INSD WVD SUER POLICY NUMBER MMIDDPOLICY EFF MM/DO EXP LIMITS X COMMERCIAL GENERAL LIABILITY Y Y 57SBWLUB719 9/20/2021 9/20/2022 EACH OCCURRENCE $2,000,000 rA CLAIMS -MADE Fil OCCUR DAMAGE TO RENTED ) AMA ETEDPREMISES Ea occurrence $1,000,000 PREMISES MED EXP (Any one person) $10,000 X Contractual Uab Included PERSONAL BADVINJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY � JECT El LOC $ OTHER: I A AUTOMOBILE LIABILITY Y V 57SBWLU871.9 9/20/2021 9/20/2022 COMBINEDSINGLE'LIMIT $2000,000 Ea accident BODILY INJURY (Per person) S ANY AUTO BODILY INJURY (Per accident) $ OWNED ASCHEDULED AUTOS ONLY UTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTYDAMAGE $ Per accident A X UMBRELLALIAB X OCCUR Y Y 57SBWLU8719 9/20/2021 9/20/2022 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ in onn $ C WORKERS COMPENSATION AND'.EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUI (Mandatory In NH) NIA A Y 57WEGZSC250 9/20/2021 9/20/2022 X STATUTE EERH E.L. EACH ACCIDENT $1,000,000 ' E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability 105344511 9/20/2021 9/20/2022 Per Claim $2,000,000 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Umbrella Liability Policy is follow -form to underlying General Liability/Non-Owned and Hired Auto Liability/Employer's Liability. Insured has no company owned vehicles; therefore, hired/non-owned auto is the maximum. coverage that applies. RE: All Operations of the Named Insured. City of Seal Beach, its elected and appointed officers, officials, employees, servants, attorneys, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials are named as additional insured for General Liability and Non -Owned and Hired Auto Liability as required by written contract or agreement. Genera( Liability Insurance is Primary and Non -Contributory and a Severability of Interests Clause applies per policy form. A Waiver of Subrogation applies to the Genera( Liability, Non -Owned and Hired Auto Liability and Worker's Compensation. 30 Days Notice of Cancellation. - rrANCFI I ATIAN 3fl nnvc Nntire of CRnrellRtinn to -1 Ui1t1-AU-io muumLj ,-uRCum#ki i AV. Au 11W11L9 IC0Crvcu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach AUTHORIZED REPRESENTATIVE �yy� 211 Eighth Street Seal Beach, CA 90740 to -1 Ui1t1-AU-io muumLj ,-uRCum#ki i AV. Au 11W11L9 IC0Crvcu. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy # 57SBWLU8719 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PROVISIONS - CALIFORNIA This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. It is agreed that paragraph (2) of subsections 6.d. and 61 of Section C. - WHO IS AN INSURED is replaced by the following: (2) The insurance afforded by paragraph (1) above does not apply if your acts or omissions, or the acts or omissions of those acting on your behalf, that are alleged to have caused the "bodily injury", "property damage" or "personal and advertising injury', involve professional architectural, engineering or surveying services, including but not limited to: (a) The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations, permit applications payment requests, manuals or instructions; (b) Supervisory, inspection, quality control, architectural, engineering or surveying activities or services; (c) Maintenance of job site safety, construction administration, construction contracting, - construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service; (d) Monitoring, sampling, or testing service necessary to perform any of the services included in a. b. or c. above; (e) Supervision, hiring, employment, training or monitoring of others who are" performing any of the services included in a., b. or c. above. The insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; and OPTIONAL ADDITIONAL INSURED COVERAGES; and it is agreed the following paragraphs replace section b. of subsection 9. of Section F. - OPTIONAL ADDITIONAL INSURED COVERAGES. These paragraphs do not attach or amend the language of any of the other subsections of Section F - OPTIONAL ADDITIONAL INSURED COVERAGES: The insurance afforded by this subsection does not apply if your acts or omissions, or the acts or omissions of those acting on your behalf, that are alleged to have caused the "bodily injury", "property damage" or "personal and advertising injury", involve professional architectural, engineering or surveying services, including but not limited to: (a) The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations, permit applications payment requests, manuals or instructions; (b) Supervisory, inspection, quality control, architectural, engineering or surveying activities or services; (c) Maintenance of job site safety, construction administration, construction contracting, construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service; (d) Monitoring, sampling, or testing service necessary to perform any of the services included in a. b. or c. above; (e) Supervision, hiring, employment, training or monitoring of others who are performing any of the services included in a., b. or c. above. The insurance afforded to such additional insured: (b) Will not be broader than that which you are (a) Only applies to the extent permitted by law; required by the contract or agreement to and provide for such additional insured. (b) Will not be broader than that which you are B. It is agreed that the following paragraphs are added required by the contract or agreement to to the end of subsections 1. and 8. of Section F - provide for such additional insured. Form SS 51 14 0417 Page 1 of 1 © 2017, The Hartford Policy # 57SBWLU8719 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", ,any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. > 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 06 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM Policy # 57SBWLU8719 contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization. is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises inconnection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(referred to damage" arising out of the soles) negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", � damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 Policy # 57SBWLUB719 (2) With respect to the insurance afforded to these additional insureds, this insurance does riot apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this Insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". > f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf. and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the, rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the. Declarations. This General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. Policy # 57SBWLU8719 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. -- > 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of. a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits, of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 06 Policy # 57SBWLU8719 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim br "suit'; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation, The Limits of Insurance of this Coverage Part apply settlement of the claim or defense against the "suit'; and separately to each consecutive annual period and to (4) Assist us, upon our request, i the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable to the insured because of injury months. In that case, the additional period will be or damage to which this insurance deemed part of the last preceding period for purposes may also apply. of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and (1) How, when and where the "occurrence" non-contributory with the additional insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence" offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; ' against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional c claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 06 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative.. —� 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Policy # 57SBWLU8719 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section. A. — Coverages. Page 16 of 24 Form SS 00 08 04 06 Policy # 57SBWLU8719 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or —� (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance .is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum.of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. —� b. Waiver Of Rights Of Recovery (Waiver, Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 ,fK ay Policy # 57SBWLU8719 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON -OWNED AUTO This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the "insured" for movement into expressly modified herein: or onto the covered "auto'; or c. After the "pollutants" or any property in A. Amended Coverage: which the "pollutants" are contained are moved from the covered auto to the place Coverage is extended to "bodily injury" and where they are finally delivered, disposed of "property damage" arising out of the use of a "hired or abandoned by the "insured". auto" and "non -owned auto". Paragraph a. above does not apply to fuels, B. Paragraph B. EXCLUSIONS is amended as 9 p lubricants, fluids, exhaust gases or other follows: similar "pollutants" that are needed for or 1. Exclusion g. Aircraft, Auto or Watercraft does result from the normal electrical, hydraulic not apply to a "hired auto" or a "non -owned or mechanical functioning of the covered auto". "auto" or its parts, if: 2. Exclusion e. Employers Liability does not (1) The "pollutants" escape, seep, migrate, apply to "bodily injury" to domestic "employees" or are discharged or released directly not entitled to workers' compensation benefits from an "auto" part designed by its or to liability assumed by the "insured" under an manufacturer to hold, store, receive, or "insured contract". dispose of such "pollutants'; and 3. Exclusion f. Pollution is replaced by the (2) The "bodily injury" and "property following: damage does not arise out of the "Bodily injury" or "property damage" arising out operation of any equipment listed in of the actual, alleged or threatened discharge, paragraphs 15.b. and 15.c. of the dispersal, seepage, migration, release or definition of "mobile equipment". escape of "pollutants": Paragraphs b. and c. above do not apply to a. That are, or that are contained in any "accidents" that occur away from premises property that is: owned by or rented to an "insured" with respect to "pollutants" not in or upon a (1) Being transported or towed by, handled, covered "auto" if: or handled for movement into, onto or from, the covered "auto"; (1) The "pollutants" or any property in which the "pollutants" are contained are (2) Otherwise in the course of transit by or upset, overturned or damaged as a on behalf of the "insured'; or result of the maintenance or use of a (3) Being stored, disposed of, treated or covered "auto'; and processed in or upon the covered "auto". b. Before the "pollutants" or any property in which the "pollutants" are contained are Form SS 04 38 09 09 Page 1 of 3 © 2009, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission) Policy # 57SBWLU8719 (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage as a result of the maintenance or use of a covered "auto". 4. With respect to this coverage, the following additional. exclusions apply: a. Fellow employee Coverage does not apply to "bodily injury" to any fellow "employee" of the "insured" arising out of the operation of an "auto" owned by the "insured" in the course of the fellow "employee's" employment. b. Care, custody or control Coverage does not apply to "property damage" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. C. With respect to "hired auto" and "non -owned auto" coverage, Paragraph C. WHO IS AN INSURED is deleted and replaced by the following: The following are "insureds": a. You. b. Your "employee" while using with your permission: (1) An "auto" you hire or borrow; or (2) An "auto" you don't own, hire or borrow in your business or personal affairs; or (3) An "auto" hired or rented by your "employee" on your behalf and at your direction. company) for an "auto" owned by him or her or a member of his or her household. d. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. D. With respect to the operation of a "hired auto" and "non -owned auto", the following additional conditions apply: 1. OTHER INSURANCE a. Except for any liability assumed under an "insured contract" the insurance provided by this Coverage Form is excess over any other collectible insurance. c. Anyone else while using a "hired auto" or "non - owned auto" with your permission except: (1) The owner or anyone else from whom you hire or borrow an "auto". (2) Someone using an auto while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. E. (3) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from an "auto". (4) A partner (if you are a partnership), or a member (if you are a limited liability However, if your business is the selling, servicing, repairing, parking or storage 'of "autos", the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto" by you or your "employee". b. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 2. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US If the Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. The following definitions are added: G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 1. "Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your "employees", your partners (if you are a partnership), members (if you are a , limited liability company), Page 2 of 3 Form SS 04 38 09 09 Policy # 57SBWLU8719 or your "executive officers" or members of their households. This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction. 2. "Non -owned auto " means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes: a. "Autos" owned by your "employees" your partners (if you are a partnership), members (if you are a limited liability company), or your "executive officers", or members of their households, but only while used in your business or your personal affairs. b. Customer's "auto" that is in your care, custody or control for service. Form SS 04 38 09 09 Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57WEGZS0250 Endorsement Number: Effective Date: 09/20/2021 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: AKM Consulting Engineers, Inc. 553 Wald Street Irvine, CA 92618-4627 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. � � r Authorized Representative Policy Expiration Date: 09/20/2022