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Home My WebLink AboutAGMT - Yao Engineering Inc (On Call Engineering Services) PROFESSIONAL SERVICES AGREEMENT for On-Call Professional Engineering Services between •'�F SEA( az,�� O��_ GpRPggTF,,q�\ I*1 limpoipr sQ • % 0.,,, ," ``R 27 08 �� , '"",hOI/NTy_�i' City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Yao Engineering, Inc. 60 N. Daisy Ave., Suite 2C, Pasadena, CA 91107 (626) 788-3004 This Professional Service Agreement ("the Agreement") is made as of August 12, 2024 (the "Effective Date"), by and between Yao Engineering, Inc. ("Consultant"), a California corporation and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call professional services for various disciplines. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on March 13, 2024, for On-Call Professional Services for Various Disciplines and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated April 24, 2024, to perform the on-call engineering professional services defined and described in Section 1.0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed and registered professional engineers and are fully qualified to perform the on-call 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 professional 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's Services. Strictly on an on-call basis, and in compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those engineering professional services (collectively "Services") in the Request for Proposals ("RFP"), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant's accepted Proposal ("Proposal"), attached hereto as Exhibit B and incorporated herein by this reference, all to City's reasonable satisfaction. Given the on-call nature of this Agreement, Consultant acknowledges that there is no guarantee that City shall request any Services hereunder. 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A); and (ii) the Proposal (Exhibit B); and (iii) Terms for Compliance with California Labor Law Requirements (Exhibit C) , all of which are incorporated herein by this reference. 2 of 23 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit A (the RFP); and then (iv) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, C on the other hand, the Agreement shall control. 1.3. Standard of Care. 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. City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless 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. 3 of 23 2.0 Term 2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on August 12, 2027, unless sooner terminated or extended as provided by this Agreement. 2.2. Extensions. City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Consultant at least one month prior to the expiration of an existing term. If timely elected by City, the first extension shall have a term extending from August 13, 2027 through and including August 12, 2028, unless sooner terminated or extended pursuant to this Agreement. If timely elected by City, the second extension shall be from August 13, 2028 through and including August 12, 2029, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Consultant's authorized representatives. 3.0 Consultant's Compensation 3.1. Original Term. In consideration of Consultant's performance of the Services described in Section 1.0, 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 City pay more than the total not-to-exceed amount of $200,000 (Two Hundred Thousand dollars) for the Original Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 3.2. Extensions. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, and in consideration of Consultant's performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will City pay more than the total not-to-exceed amount of $75,000 (Seventy-Five Thousand dollars) for each extension. Payment for any additional work authorized by City for each extension pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for each extension. 4.0 Method of Payment 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 4 of 23 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. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. 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. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Upon the effective termination date, Consultant shall cease all work under this Agreement. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 5 of 23 6.0 Party Representatives 6.1. The City Manager is City's representative for purposes of this Agreement. 6.2. Felix Yao is the Consultant's primary representative for purposes of this Agreement. Felix Yao 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: Yao Engineering 60 N. Daisy Ave., Suite 2C, Pasadena, CA 91107 Attn: Felix Yao 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, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of 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 6 of 23 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 (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) 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 (iii) 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. In addition to all other provisions of this Agreement, 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, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 7 of 23 9.4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City 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 covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS, as amended from time to time. 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. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 8 of 23 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. 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 Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City 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 Work Product violates 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 Work Product produced under this Agreement. In the event the use of any of the Work Product 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: (i) secure for City the right to continue using the Work Product 9 of 23 and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants and/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 City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/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 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 10 of 23 such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City, and shall be at Consultant's sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 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, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product 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. Upon 24 hours' notice by City, 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. 11 of 23 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 City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to 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, death, 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, servants, and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease. 12 of 23 17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with limits minimum limits no less than $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, 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 services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, 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: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) 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, servants, 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 City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as 13 of 23 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 City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City 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. Each insurance policy 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, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. 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: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; or (ii) 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, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. 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. 14 of 23 17.12. 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 City before work commences. City also 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. 17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 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. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or 15 of 23 result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 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, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) 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, or 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, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or 16 of 23 individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise 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, subconsultant, 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 indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, arising out of, claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors, subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/or Liabilities arise 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 officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant's liability, or as a waiver of or limitation on full performance of Consultant's duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant's defense and 17 of 23 indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant's defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.6. Survival of Terms. Consultant's covenants 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 covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors, or subconsultants because or on account 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, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any 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 18 of 23 agreements. This Agreement may only be modified by a writing signed by both Parties. 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 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 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. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 Non-Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement. 27.0 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. 19 of 23 28.0 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 (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 29.0 Prohibited Interests; Conflict of Interest 29.1. 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. 29.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 29.3. 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. 20 of 23 30.0 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, agents, and servants 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, agents and servants. 31.0 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. 32.0 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. 33.0 Mutual Cooperation 33.1. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 33.2. Consultant's Cooperation. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services 21 of 23 rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 34.0 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. 35.0 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. 36.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 37.0 Recitals City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 38.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 22 of 23 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 CONSULTANT: Yao Engineering, Inc., a California corporation By: By: Ingram, City Man er Name: Felix aao Its: Chief Executive Officer Attest: By: .� Name: Felix ao Its: Secretary By: Gloria D. rp r, City Clerk (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from Approved as to Form: each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the By: secretary, any assistant secretary, the Nicholas Ghirelli, City Attorney chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 23 of 23 EXHIBIT A CITY REQUEST FOR PROPOSALS DATED MARCH 13, 2024 "On-Call Professional Services for Various Disciplines" City of Seal Beach Request for Proposals for On-Call Professional Services for Various Disciplines ‘11 601111111111110. 'Nigel' SEA L • • IOW .411111110111111111/1 # • • INIMMININEMINIE • • - . ,_ • • 4011110. `4 441 %%I./F0 RIttl • RFP responses to be received until 10:00 A.M., April 10, 2024 in the Public Works Department ATTN: Kathryne Cho, Deputy Director of Public Works/City Engineer Approved for Advertising: Iris Lee Director of Public Works Date Issued: March 13, 2024 Table of Contents Contents I. INTRODUCTION 3 II. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES 5 A. QUALIFICATIONS 5 B. SCOPE OF WORK 5 III. PROFESSIONAL PLAN CHECK SERVICES 6 A. QUALIFICATIONS 6 B. SCOPE OF WORK 7 IV. PRE-PROPOSAL QUESTIONS 7 V. SCHEDULE* 8 VI. SUBMITTAL REQUIREMENTS 8 A. ACCEPTANCE OF SUBMITTALS 8 B. PROPOSAL REQUIREMENTS 9 VII. FEE PROPOSAL 10 VIII.INTERVIEW 11 IX. SELECTION PROCESS 11 A. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES 11 B. PROFESSIONAL PLAN CHECK SERVICES 12 X. GENERAL CONDITIONS 13 XI. SAMPLE (DESIGN) PROFESSIONAL SERVICES AGREEMENT 16 XII. SAMPLE (NON-DESIGN) PROFESSIONAL SERVICES AGREEMENT 17 Page 2 of 17 REQUEST FOR PROPOSALS FOR ON-CALL PROFESSIONAL SERVICES for VARIOUS DISCIPLINES I. INTRODUCTION BACKGROUND The City of Seal Beach is a charter city with a population of approximately 25,000 people, located approximately 28 miles south of Los Angeles - between the cities of Long Beach and Huntington Beach. The Public Works Department oversees several disciplines, including engineering, maintenance & operations, utilities, traffic and transportation, storm water and NPDES, and Capital Improvement Projects ("CIP"). In the past, the City has contracted with a variety of professional firms to provide on- call/as-needed services and has renewed each contract for several years. This Request for Proposal ("RFP") will provide new opportunities for professional firms to collaborate with the City. The City has a strong commitment to providing its residents with the highest level of quality of life and to remaining one of the most sought-after places to live. PURPOSE OF REQUEST The City of Seal Beach ("City") is requesting proposals from qualified and professional firms ("Consultant"), of various sizes and capacity, to provide comprehensive professional services on an on-call/as-needed basis. It is desirable that the successful Consultant(s) have the ability to provide in-house services, or capacity to sub-consult, for multiple disciplines. There are two (2) main categories with a total of 29 disciplines, as follows: A. Professional Engineering/Design/Management Services: • Environmental Design & Planning • Construction, Project, & Program Management • Geotechnical Engineering • Grant Services • Intra/interagency Coordination and Permitting • Landscape Architecture & Parks Design • Marine & Coastal Engineering • Mechanical, Electrical, & Plumbing • Right-of-Way Acquisition • Land Development Services (i.e. Title Report, Easement Preparation) • Roadway Rehabilitation & Geometric Design • Strategic Support Services • Structural Engineering Page 3 of 17 • Survey • Traffic &Transportation Engineering • Intra/Interagency Coordination and Permitting • Sewer System and Facilities Design • Storm Drain System, Conveyance, and Facilities Design • Water System and Facilities Design • Water Quality/Resources Services (i.e. Lead & Copper inventory, Cross Connection, NPDES) • Utilities Maintenance Services • Utilities Modeling & Planning • Utilities Studies & Master Plans • Other B. Professional Development Services Support: • Encroachment & Development Permitting and Agreements • Development Services (i.e., Grading Plan Checks, Streets) • Subdivision Plan Review (i.e., Lot Line Adjustment, Tract Map, Parcel Map, Certificate of Compliance) • Survey • Utility Plan Check, Permit Processing and Coordination (i.e. Wireless Telecommunication, Public Utilities, and Investor-Owned Utilities) • Right-of-Way Acquisition • Land Development Services (i.e. Title Report, Easement Preparation) • Water Quality/Resources Review (i.e. WQMP, SWPPP, Hydrology, Drainage) The City anticipates awarding multiple professional firms with three (3) year on-call agreements, with an estimated contract amount to be determined. An option to extend may be included in the agreement. The final agreement amount, term, and the number of firms will depend on the quality, diversity, and responsiveness of the received proposals. Due to the on-call/as-needed nature of this contract, no work is guaranteed, even if awarded. The scope, work schedule, and fee for each requested task will be negotiated on a project-by-project basis. The City reserves the right to not accept the Consultant's scope and fee. Page 4 of 17 II. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES A. QUALIFICATIONS Minimum Qualifications: • Valid California Professional Civil Engineering license, California Professional Engineering license, and/or accreditation 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 engineering experience. • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. • Ability to provide deliverables consistent with the latest City-adopted AutoCAD and other engineering/non-engineering-related software. • Proficiency with applicable regulatory agencies' rules and regulations. • Experience with municipal utilities systems and facility design (e.g. water, sewer, and storm drain) • Provide regulatory agency permitting/coordination support. Desirable Qualifications: • Experience in providing professional engineering services for a coastal community. • Familiarity with the City of Seal Beach standards, provisions, and practices. • Demonstrated experience with community public outreach, in particular, for a coastal community. • Experience in providing effective and efficient file transfer platforms to facilitate document/plan check tracking and exchanges. B. SCOPE OF WORK The following is a list of professional engineering services that may be requested: • Provide full plans, specifications, and estimates for a broad-range of engineering disciplines • Provide cost estimating and value engineering services • Provide bid support and record drawings preparation services • Provide construction support, administration, and management services • Provide professional surveying services • Provide professional geotechnical services • Provide a broad-range of community outreach services Page 5 of 17 • Review public/private development plans and maps • Provide regulatory agency permitting/coordination support • Provide grant-writing services • Prepare various studies and supporting documentation, including hydrology and hydraulic analysis, water and sewer studies and network analysis • Prepare/review NPDES reports, Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plans (SWPPP) • Prepare maps and legal descriptions for right-of-way acquisitions and easements • Other engineering-related tasks, as necessary Consultant shall perform the on-call services described in this section ("Services" or "Work"). Upon written request from the City, Consultant shall provide a proposal for Services requested by the City (hereinafter referred to as the "Proposal"). Depending on the size and scope of the Work, Proposal may be in the form of a "letter proposal" or a "detailed proposal". At a minimum, the Proposal shall include, but is not limited to, the following: • A detailed description of the Work to be provided; • The name and position of each person to be assigned to perform the Work; and • The estimated number of hours, by task, and cost to complete the Work. No Services shall be provided until the City has provided written acceptance of the Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Proposal. III. PROFESSIONAL PLAN CHECK SERVICES A. QUALIFICATIONS Minimum Qualifications: • Valid California Professional Civil Engineering license and/or California Professional Engineering license 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 engineering experience. • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. • Ability to provide deliverables consistent with the latest City-adopted AutoCAD and other engineering/non-engineering-related software. • Proficiency with applicable regulatory agencies' rules and regulations. Page 6 of 17 Desirable Qualifications: • Experience in providing professional engineering services for a coastal community. • Familiarity with the City of Seal Beach standards, provisions, and practices. • Demonstrated experience with community public outreach, in particular, for a coastal community. • Experience in providing effective and efficient file transfer platforms to facilitate document/plan check tracking and exchanges. B. SCOPE OF WORK The following is a list of professional plan check services that may be requested: • Review public/private development plans and maps within ten (10) working days per review. • Review NPDES reports, Water Quality Management Plan (WQMP), and Strom Water Pollution Prevention Plans (SWPPP) within ten (10) working days per review. • Review communication permits/plans. • Review utility permits/plans. • Update development related documentation, such as policies and procedures. • Other engineering-related tasks, as necessary. IV. PRE-PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Kathryne Cho Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kcho(a�sealbeachca.gov (562) 431-2527 ext. 1321 The City will respond to all questions and requests for clarification received by 10:00 am on Wednesday, March 27, 2024. Page 7 of 17 V. SCHEDULE* The following dates reflect the anticipated schedule: • Request for Proposal Solicitation March 13, 2024 • Pre-Proposal Question Deadline March 27, 2024 • Proposal Submittal Deadline April 10, 2024 • Consultant Interview (if conducted) April/May 2024 • Contract Award by City Council June 2024 *Schedule subject to change VI. SUBMITTAL REQUIREMENTS A. ACCEPTANCE OF SUBMITTALS Proposals are due by 10:00 AM on April 10, 2024, to the following (Postmarks will not be accepted): Kathryne Cho Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kcho a(�sealbeachca.gov (562) 431-2527 ext. 1321 Please submit one (1) original, three (3) bounded 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. Proposals must be titled "RFP On-Call Professional Services" and indicate the category and discipline you would like to submit your proposal for after the Proposal name. Example: "RFP On- Call Professional Services — Professional Engineering/Design/Management Services — Construction, Project, & Program Management" or "RFP On-Call Professional Services — Professional Development Services Support — Land Development." There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing and sending 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. Page 8 of 17 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. B. PROPOSAL REQUIREMENTS Proposals shall be limited to 30 pages, excluding proposal cover, cover letter, table of contents, and dividers. An additional 10 pages is allowable for each additional discipline proposed upon. The following information shall be provided, at a minimum: Cover Letter References Table of Contents Subconsultant List Local Staffing List & Resumes Exceptions Company Qualifications Sealed Fee Proposal 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. Proposers shall clearly specify what discipline(s) they are proposing for. If applicable, proposers may elect to provide additional disciplines and/or specialties that are not listed in the RFP, as reference. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Local Staffing List & Resumes: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the consultant's project manager. Resumes of proposed staff shall be provided. Company Qualifications: Provide a summary of the firm's qualifications, including background and experience. Page 9 of 17 References: Consultant should provide a minimum of five (5) references from public agencies the Consultant has performed work for within the last four (4) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided • Contract costs, client/consultant-initiated change orders, and explanation • Dates • Staff assigned to referenced engagement that will be designated for work per this RFP • Client project manager name, telephone number, and email. If the client's primary point of contact is no longer available to provide a reference, please provide an alternative. Subconsultant List: Provide a list of the firm's subconsultants and indicate the following for each: Primary contact, services they provide and project experience working with the firm. Exceptions: The consultants shall review this RFP and attached standard professional services agreement. Exceptions to any portion of the RFP and/or City's standard professional services 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. Fee Proposal: A Fee Proposal shall be submitted in a separate, sealed envelope and marked as "On-Call Professional Services— Fee Proposal" along with the name of the project. The information and details 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 listed below will be evaluated accordingly. VII. FEE PROPOSAL In preparing the fee proposal for this project, the consultant shall take into consideration the following: 1. Compensation for services provided will be on a time-and-materials, not-to- exceed amount. 2. Fee proposal and billing rates shall remain effective for the term of the Agreement, which is anticipated to be three (3) years, subject to change. Any anticipated billing adjustments shall be clearly identified in the Proposal. Page 10 of 17 3. The consultant's standard billing rates for all classifications of staff likely to be involved in the project shall be included with the fee proposal along with the mark- up rate for any non-labor expenses and sub-consultants. 4. The City will negotiate the final fee with the top-ranked consultant(s). VIII.INTERVIEW Top ranked consultant teams may be interviewed by the selection committee. Proposed key personnel (up to four) from the Project Team may be requested to present the teams' and their individual qualifications at an interview. IX.SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. 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. A. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES POTENTIAL EVALUATION CRITERIA Completeness of Response: Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP, subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, receiving no further consideration. Page 11 of17 Qualifications & Experience: • Local Presence -A statement addressing proposing firm's ability to effectively conduct the Work for the City based on the firm's location. • Proposing firm and team's experience with breath of engineering disciplines, various regulatory permitting agencies and working in a coastal community. • Experience/knowledge of the Orange County Groundwater Basin and various regulatory permitting agencies. • Quality of firm's key individuals and familiarity with City standards and provisions. • The proposing firm's recent experience in conducting work for contracts of similar scope, particularly for government agencies. Client references. Organization &Approach: • A demonstrated understanding of the City's needs. • Proposing firm's ability to deploy the appropriate resources to promptly meet requested Work. • Proposing firm's availability to complete both smaller and larger scale projects. • The proposing firm's ability to self-perform the desired work or form a quality sub-consulting team. • Quality, clarity, and responsiveness to RFP. Conformity to the sample PSA. B. PROFESSIONAL PLAN CHECK SERVICES POTENTIAL EVALUATION CRITERIA Completeness of Response: 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, receiving no further consideration. Page 12 of 17 Qualifications & Experience: • Local Presence - A statement addressing proposing firm's ability to effectively conduct the Work for the City based on the firm's location. • Relevant experience, specific qualifications, and technical expertise of the proposing firm's and sub-Consultants to perform the work. • Quality of references - name of at least three (3) agencies the proposing firm is currently or has previously consulted for in the past seven (7) years. • Familiarity with City standards and practices, current Building Code, Subdivision Map Act and other regulatory requirements. Organization &Approach: • Proposing firm's understanding of requested Work and proposed scope of work. • Proposing firm's project team and quality of key individuals. Availability and allocation of key individuals. • Proposing firm's understanding of the nature of public sector work and its decision-making process. • Proposed schedule and hours. Description of project management and cost control mechanism. • Quality, clarity, and responsiveness to RFP. 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; conduct negotiations with the most qualified candidate(s). Consultants should be aware that award may be made without consultant visits, interviews, or further discussion or negotiations. X. GENERAL CONDITIONS Signature: The Proposal shall be signed by an individual authorized to bind the consultant. 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, Page 13 of 17 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 to this RFP. 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 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 Project 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. 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 contractor 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." Registration with the Department of Industrial Relations: In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid 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 Page 14 of 17 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 subcontractor, if any, in the bid proposal. Page 15 of 17 XI. SAMPLE (DESIGN) PROFESSIONAL SERVICES AGREEMENT for On-Call <Engineering, Utilities Engineering, Plan Check, or Traffic Engineering> Services Sample Professional Services Agreement Omitted from Attachment Page 16 of 17 XII.SAMPLE (NON-DESIGN) PROFESSIONAL SERVICES AGREEMENT for On-Call <Non-Design Related Discipline> Services Sample Professional Services Agreement Omitted from Attachment Page 17 of 17 EXHIBIT B CONSULTANT'S PROPOSAL DATED APRIL 24, 2024 0 YAO ENGINEERING April 23, 2024 Ms. Kathryne Cho Deputy Public Works Director City of Seal Beach Proposal for On-Call Professional Mechanical, Electrical, & Plumbing Engineering Services Yao Engineering, Inc. (Yao Engineering) is pleased to submit our Statement of Qualifications(SOQ)to provide Professional Mechanical, Electrical,&Plumbing(MEP) Engineering Services. Yao Engineering was incorporated in 2018 in the State of California and has a single office located in Pasadena. Yao Engineering is a certified DBE, MBE,SBE, and 8(a)firm. Our key personnel have worked together for over 10 years dating back to when we worked together at CDM Smith. Yao Engineering currently holds multiple On-Call Engineering Service Agreements, even some coastal Cities. We are experience to design MEP systems for numerous industrial and commercial applications and have the capacity to handle multiple concurrent projects. We have a proven track record of completing projects with satisfied returning clients. We are also the MEP or Electrical subconsultant to large consulting firms including CDM Smith, HDR,Stantec,Tetra Tech, and AECOM. Felix Yao is the sole owner of Yao Engineering and shall be the firm's authorized representative and main point- of-contact. Felix's contact information is below: Name Title Address Telephone Email Felix Yao Principal 60 N Daisy Ave,Suite 2C, 0: (626) 788-3004 fyao@yaoengineering.com Pasadena, CA.91107 C:(407)493-4941 Yao Engineering acknowledges Addendum No.1 issued on March 29,2024. If you have questions or need additional information, please feel free to contact Felix Yao. We look forward to working with the City of Seal Beach to deliver each of the task orders from this on-call contract to meet the objectives of the scope,to stay within the budget,and to stay on schedule. Very Truly Yours, Felix Yao, P.E. Yao Engineering, Inc. • 60 N. Daisy Ave. Unit 2C, Pasadena, CA. 91107 0 YAO ENGINEERING SECTION B - TABLE OF CONTENTS Section A Cover Letter page 1 Section B Table of Contents page 2 Section 1 Organization Chart page 3 Section 2 Company Qualifications page 13 Section 3 References page 15 Section 4 Subconsultants page 16 Section 5 Exceptions page 16 Page 12 0 YAO ENGINEERING SECTION 1. ORGANIZATION CHART CITY OF SEAL BEACH Felix Yao Mike Cahill Adam Barney Josh Goenner Josh Meinig Greg Ward Simon Rojas Juan Isidoro Zach Schlueb Kyle Bowen Project Team Individual Breakdown Discipline Electrical and Instrumentation Mechanical, Plumbing,and Fire Protection Professional Felix Yao, P.E. 1 Josh Meinig, P.E. 1 Engineers Mike Cahill, P.E. 1&2 Adam Barney, P.E. 1&2 Additional Josh Goenner 2 Simon Rojas 2 Team Greg Ward 3 Zach Schlueb 3 Members Juan Isidoro 4 Kyle Bowen 4 1 Professional Engineers and the Engineer of Record for their respective disciplines 2 Professional Engineers and Quality Assurance and Quality Control (QA/QC) 3 Senior Engineer(Electrical or Mechanical) 4 Junior Engineer(Electrical or Mechanical) 5 Senior CAD Designer(Electrical or Mechanical) Felix Yao is the sole owner of Yao Engineering and has the authority to negotiate this contract. Felix Yao/Josh Meinig shall be the Project Manager for all task orders that come from this on-call contract. Felix Yao: Felix graduated with a Bachelor of Science in Electrical Engineering (BSEE) from Kettering University and began his career at Jones Edmunds, where he designed facilities for NASA at Kennedy Space Center. Felix took the next step in his career at Tetra Tech and CDM Smith where he served local municipalities and the Federal government on international projects designing Electrical and Instrumentation(E&I)systems. Page 13 0 YAO ENGINEERING At Tetra Tech, Felix led the E&I Group responsible for all the projects in the Southeast US, while at CDM Smith, Felix led the Electrical Group responsible for all the projects in the Western US. At Tetra Tech and CDM Smith, Felix's responsibilities included project management; leading the E&I designs; peer reviews and QA/QC of design deliverables; analysis, evaluation, and troubleshooting of issues within existing electrical systems and individual components; and construction inspections. Mike Cahill: Mike graduated with a BSEE from University of Central Florida. Upon graduation Mike began his career at CDM Smith, where he learned how to design electrical systems and provide engineering services during construction on municipal projects throughout the Southeast US. Mike's reputation grew quickly and was assigned to projects throughout the US and internationally. Before leaving CDM Smith Mike rose to become a Project Manager who led multi-discipline teams.At CDM Smith, Mike and Felix were selected for a program that included 2 members of each discipline to revamp the QA/QC procedure and training.We've adopted the same QA/QC procedures and protocols. Josh Meinig: Josh has more than 17 years of experience in the specialties of building mechanical systems for commercial, institutional, governmental and industrial projects. His specific design experience includes heating, ventilation, and air conditioning; plumbing; fire protection design; fueling system design; compressed air system design; chilled water design; boiler design; and construction administration for water and wastewater treatment plants and various other projects, including more than 25 pipeline projects and more than 100 pump station projects.He has extensive experience with codes and standards, including the Florida Building Code; International Building Code; American Society of Heating, Refrigerating, and Air Conditioning Engineers Standards, including 62 and 90.1; and National Fire Protection Association Standards, including 30, 37,90A,90B,and 820. Adam Barney: Adam has more than 20 years of professional experience in mechanical engineering. His specialization is in the commercial and industrial mechanical design of HVAC, plumbing, and mechanical systems. Adam strives to incorporate an efficient and effective approach to mechanical systems that are elegant and innovative to provide an aesthetic, cost effective, and practical solution. He has worked on projects for clients such as Walt Disney World, Homewood Suites and UPS. In addition, he has been involved in the design of mechanical systems for a variety of hotel, restaurant, residential / commercial buildings, and numerous aviation facilities. Adam graduated from the University of Central Florida with his B.S. in Mechanical Engineering. Proposed Staff Availability: Proposed staff shall be available for the duration of the contract, unless extreme situations dictate otherwise(e.g.termination of employment,death,extended medical leave, etc.). In the event a proposed staff becomes unavailable, this will be communicated with Seal Beach immediately and the other discipline lead will assume the responsibilities. Resumes of Project Team: In order to reduce the length of our proposal,the only staff resumes included are our Licensed Professional Engineers. Page 14 Mr.Yao is an electrical engineer with 20 years of experience in consulting engineering and management. He has designed electrical systems for water and wastewater facilities,industrial facilities,architectural facilities,commercial Felix Yao, P.E. facilities,and federal facilities.He has provided technical leadership,quality control,and design and construction services. Principal Mr. Yao has power system experience which includes transmission voltages up to Registration 115kV and distribution voltages up to 69kV; prime, standby, and emergency Professional Engineer: generators; switchgear; switchboards; motor control centers; variable frequency California#20976 drives; uninterruptible power supplies; lighting; lighting control; fire alarm; Florida#69636 telecommunications; security and access control; lightning protection; paging and Nevada#24103 area warning systems; and microgrids (solar and wind). Washington#53989 NCEES Record#45739 Mr.Yao has SCADA systems experience which includes both ring and star topology system architectures,programmable logic controllers (PLC),remote I/O (R10),and human machine interfaces(HMI).He has experience with major PLC manufacturers Education such as Allen-Bradley,Square D (Schneider Electric),and Siemens. B.S.-Electrical Engineering, Kettering University,2003 Mr. Yao has performed electrical and automation inspections, including underground raceways and ductbanks, grounding, factory inspections, on-site storage, mounting,terminations,substantial completion, final completion,etc. MUNICIPAL/INDUSTRIAL FACILITIES Owens Lake Electrical and Instrumentation Training,Los Angeles Department of Water and Power (LADWP), Los Angeles, California. Mr. Yao served as the principal engineer for specific electrical and instrumentation training topics held by LADWP for their engineering staff. Owens Lake Asset Condition Assessment, Los Angeles Department of Water and Power(LADWP),Los Angeles,California.Mr.Yao served as the electrical and instrumentation subject matter expert for a condition assessment program for the electrical and instrumentation assets on Owens Lake. Pasadena Water and Power (Water) Arc Flash Studies - Pasadena, CA. Mr.Yao served as the principal engineer for arc flash studies at 25 booster and/or well stations throughout PWP's distribution system. City of Pico Rivera Well No.5 Electrical Upgrades - Pico Rivera, CA. Mr. Yao served as the principal engineer for the design of the replacement of the existing electrical and instrumentation system. The design includes a 480V switchboard, MCC, VFD, grounding, lighting, and control panel that communicates via spread spectrum radio. Pasadena Water and Power(Water) Generator Tap Boxes - Pasadena,CA. Mr. Yao served as the principal electrical engineer for the design of the addition of a Manual Transfer Switch (MTS) and Cam-lock Cabinet at nine booster stations. The design includes modifying the incoming service or the existing switchboard to accommodate the addition of the MTS. Coordination with PWP's Power group was necessary to understand their requirements as it relates to modifying the incoming services. O YAO ENGINEERING FELIXW.YAO,RE. City of Pico Rivera Water Plant No.3 Electrical Upgrades- Pico Rivera,CA. Mr.Yao served as the principal engineer for the design of the replacement of the existing electrical and instrumentation system. The design includes a 480V switchboard, MCC, VFDs,grounding, lighting, and control panel that communicates via spread spectrum radio. Santa Anita Racetrack Duplex Pump Stations - Arcadia, CA. Mr. Yao served as the principal electrical and instrumentation engineer for the design of four duplex pump stations. The design includes a master control panel and four individual 240V control panel and grounding that communicates via spread spectrum radios to a master control panel. Colorado River Pumping Plants Sump Rehabilitation, The Metropolitan Water District of Southern California (MWD), Los Angeles, California. Mr. Yao served as the principal electrical engineer responsible for QA/QC to support the contractor. Additional responsibilities include designing the electrical system and control panels for the temporary bypass pumping systems at each of the five pumping plants that communicates via spread spectrum radios. City of Manteca Duplex Pump Station - Manteca, CA. Mr. Yao served as the principal electrical and instrumentation engineer for the design of a duplex pump station.The design includes a 240V control panel,grounding,and communication via spread spectrum radio. City of Scottsdale Thomas Groundwater Treatment Facility- Scottsdale,AZ Mr.Yao served as the senior electrical and instrumentation QA/QC engineer for the design of a water treatment facility whose electrical system was being upgraded. The design includes 12.47kV switches, 12.47kV ATS, 480V switchboard, MCC, VFDs, active harmonic filter, lighting, grounding, traveling bridge crane, main control panel,local control panels,and numerous Emerson PLCs. City of Scottsdale Shea Water Treatment Plant - Scottsdale, AZ Mr. Yao served as the senior electrical and instrumentation engineer for the design of a water treatment facility chemical feed systems whose electrical system was being replaced. The design includes 480V switchboard, MCC, VFDs,lighting,grounding,and local control panels communicating on the existing star network. South Haiwee Reservoir Water Treatment Facility, Los Angeles Department of Water and Power(LADWP), Los Angeles, California. Mr.Yao served as project engineer for the electrical and instrumentation design of a water treatment facility.The design includes a 240V power distribution system, lighting, grounding, multiple control panels, control strategies, short circuit analysis, coordination study,arc flash analysis,and arc flash labels. Bay Delta Habitat&Conservation&Conveyance Program,The Metropolitan Water District of Southern California (MWD), Los Angeles,California. Mr.Yao served as electrical engineer during the conceptual phase of the Bay Delta project.The conceptual design includes 115kV substation,15kV switchgear, 480V switchgear and motor control centers (MCCs), 15kV variable frequency drives (VFDs),and emergency standby generators. Owens Lake Ph.7A and Ph.9/10, Los Angeles Department of Water and Power (LADWP), Los Angeles,California. Mr.Yao served as project engineer during construction for Phases 7a and 9/10. The construction includes 4.8kV power distribution, 480V power distribution, grounding, remote telemetry,and a fully automated SCADA system. ® YAO ENGINEERING Mr.Cahill has over 18 years of experience in power distribution design and construction -_- services for environmental,industrial,and commercial facilities.He provides all aspects of power distribution design and construction service including medium and low voltage Mike Cahill, P.E. distribution design,electrical master planning,short circuit and protective device coordination studies,arc flash hazard evaluations and mitigation,LEED®building Electrical Engineer certification and design services,and construction services. His experience includes water and wastewater treatment plants,solid waste facilities,water and wastewater pumping stations,industrial and chemical facilities,commercial buildings,and facilities design. Registration MUNICIPAL/INDUSTRIAL FACILITIES Professional Engineer: Florida#70837 Electrical Engineer of Record, Monterey WRF Centrifuge Replacement, JEA, FL Mr. Tennessee#115297 Cahill is the Electrical Engineer of Record for the Monterey WRF Centrifuge Replacement Georgia#044736 project. The project includes a new centrifuge,control panels,polymer system and control panels,motor control section with variable frequency drive,and integration to JEA's existing SCADA system. Leadership in Energy and Environmental Design Electrical Engineer of Record,Ocmulgee WPCP Electrical Upgrade,City of Warner Accredited Professional: Robins,GA LEED AP GBC1#10225518 Mr. Cahill was the Electrical Engineer of Record for the Warner Robins Ocmulgee WPCP Electrical Upgrade. The project included removal and replacement of all existing 208 volt electrical equipment with new 480 volt, 1200 amp automatic transfer switch, 400kW Education standby generator,motor control centers,and provisions for future PLC equipment. Project includes refeeding all existing equipment and upgrading motors for operation on 480 volt B.S.-Electrical Engineering, service. Also includes removal and replacement of interior lighting with LED lighting. University of Central Florida, Electrical Engineer of Record,Buffalo Ave Class iII/IV Pump Station Rehabilitation 2005 Project,JEA,Florida. Mr.Cahill was the Electrical Engineer of Record for the rehabilitation/improvements for the JEA Buffalo Avenue Pump Station. The project includes a complete rehabilitation of the existing lift station including land acquisition for a new MCC building and generator.Design included 480V new motor control center,400kW generator,variable frequency drives,new PLC system,security system, and ancillary equipment. Mr. Cahill worked closely with JEA staff to ensure compliance with JEA Wastewater Pump Station and Facilities standards. The project also included maintenance of plant operations plans to incorporate a bypass pumping and an emergency bypass pumping system with diesel pumps. Electrical Engineer of Record,Anastasia Island Wastewater Treatment UV Improvements,St.johns County,Florida. Mr.Cahill provided electrical design services for the improvements to the Anastasia Island WWTF UV Improvements which includes new 480 volt distribution equipment,integration to the existing PLC system, extensive maintenance of plant operations plan during construction, integration with the existing PLC system, and coordination with the concurrent reuse system improvements project. Electrical Engineer,Kingsport Wastewater Treatment Plant(WWTP)-5kV Switchgear Replacement,Kingsport,Tennessee. Mr. Cahill provided electrical design services to replace the service entrance 4160-volt switchgear and a downstream 480-volt switchgear. The project consisted of removal of the 4160-volt switchgear and installation of a new 4160-volt switchgear in an outdoor power house enclosure. A detailed sequence of construction was developed in order to maintain plant operations while the new 4160-volt switchgear was connected to the existing 4160- volt loops. Electrical Engineer,Progressive Design-Build for WWTP Improvements,City of Kingsport,Tennessee. The City of Kingsport 12.5-mgd(with a peak flow of 35 mgd)WWTP improvements$23.4M award-winning project included the influent pump station,yard piping and flow splitting devices for several unit processes, conversion of the plant aeration process, addition of a ® YAO ENGINEERING MIKE CAHILL fourth clarifier, improvements to the sludge pumping system, and additional sludge digestion capacity. Mr. Cahill was responsible for the electrical design which included modifications to the 480-volt distribution system to add two UV modules to the process train. This project was awarded the 2010 American Council Engineering Companies(ACEC)of Tennessee's Grand Award for Special Projects for the evaluation,design,and construction management at risk(CMAR) implementation of the WWTP upgrades. Electrical Engineer,Kingsport WWTP-Electrical Evaluation&Master Plan,City of Kingsport, Tennessee. Mr.Cahill provided an electrical evaluation of the City of Kingsport's 4160 volt and 480-volt distribution system. The state of condition of all equipment,utility service,utility metering data,existing arc flash evaluations,and generated equipment load data sheets was evaluated and a recommended master plan for equipment replacement based on the findings was provided. Electrical Engineer,JEA Mandarin Water Reclamation Facility UV Improvements,JEA,Florida. Mr.Cahill provided the electrical design and construction services. Equipment consisted of a new building,480- volt distribution switchboard,and capabilities for adding redundancy to the reuse and UV system in the future. Electrical Engineer,Design-Build-Operate(DBO) Regional Surface WTP 72-120 mgd Expansion, Tampa Bay Water,Tampa, Florida. Mr. Cahill provided electrical design and construction services for the plant expansion. Mr. Cahill was responsible for the electrical design, which included 15kv distribution (13,200 Volts), paralleling generator switchgear with 2-1250kw diesel engine drive generators and space for a future unit as part of a significant $120M design-build expansion of the surface WTP from 72 mgd to 120 mgd capacity. He also participated in the original plant design,and served as the electrical project engineer.The expansion included two new 33 mgd ACTIFLOT"units,two new 33 mgd ozone contact chambers,a new 2,000 ppd ozone generation system with LOX feed gas,additional filters to accommodate an additional 48 mgd of net filtered water,chemical feed and storage facility expansion,and expansion of the residuals handling system. Electrical Engineer,Design-Build of David L.Tippin Water Treatment Facility Improvements,Tampa, Florida. This $2.86 million project included the design,permitting,and construction of high service pumps at the 156 mgd David L.Tippin Water Treatment Facility.Mr.Cahill provided electrical design and construction services for this design-build project. This first phase of the project involved evaluating options to address aging pumping station infrastructure and better utilize the existing clearwell storage. The second phase included removing and replacing three medium voltage high service pump variable frequency drives with new 4160-volt (V) variable frequency drives.The project also consisted of rewinding two 2300V, 1000-hp motors to operate on a 4160V power supply.Critical to the project success was the need to maintain operation of existing pumps during the installation of the new equipment. Electrical Engineer,Naval Submarine Base Kings Bay,NAVFAC Southeast,Kings Bay,Georgia. Mr. Cahill was tasked with providing a comprehensive power system analysis of the entire Naval Submarine Base Kings Bay electrical utility, and electrical assessment of all equipment within the base master plan. Mr. Cahill was also tasked with providing a master plan for replacement of aging infrastructure and arc flash hazard mitigation recommendations. The scope of the facility included two 230kV metering stations, three 230kV substations,various 4160-volt distribution switchgear. Electrical Engineer,Power System Analysis and Training,Los Angeles Department of Water&Power, Los Angeles,California. Mr. Cahill was responsible for performing power system analyses on six existing pump station facilities. His duties included reviewing field collected data against the electrical system models in SKM,and performing the short circuit analysis,developing time current characteristic (TCC) curves,and performing arc flash analysis. Mr.Cahill was also responsible for assisting in the development of training and instructing client on site specific power system analysis,hazards associated with performing energized electrical work,NFPA-70E,and selection and use of personal protection equipment(PPE). ® YAO ENGINEERING Mr.Meinig has more than 17 years of experience in the specialties of building mechanical systems for commercial,institutional,governmental and industrial projects. His specific design experience includes heating,ventilation,and air conditioning Josh Meinig, RE. (HVAC);plumbing;fire protection design;fueling system design;compressed air system design;chilled water design;boiler design;and construction administration for water Mechanical Engineer and wastewater treatment plants and various other projects,including more than 25 pipeline projects and more than 100 pump station projects.He has extensive experience with numerous codes and standards,including the Florida Building Code; Registration International Building Code;American Society of Heating,Refrigerating,and Air Professional Engineer: Conditioning Engineers(ASHRAE)Standards,including 62 and 90.1;and National Fire Florida Protection Association(NFPA)Standards,including NFPA 30,37,90A,90B,and 820. North Carolina Alabama MUNICIPAL/INDUSTRIAL FACILITIES Kentucky Mechanical Engineer,Golden Rod Storage Facility,Orange Co.Florida,2022. South Carolina Mr.Meinig oversaw the mechanical design of a 4-story storage facility for the commercial Tennessee market. Georgia Louisiana Mechanical Engineer,Great Hearts Charted School,Jacksonville,Florida,2022 Mr.Meinig oversaw the mechanical design of a 2-story 60,000 sq.ft chart school. Design included 250 tons of cooling equipment and full kitchen design.Design Member of American Society of included full BMS system with VAVs and energy recovery. 'leafing,Refrigerating,and Air Mechanical Engineer-of-Record,118th St and Wilson Ave Pump Stations,JEA, Conditioning Engineers Jacksonville,Florida,2018. Mr. Meinig provided design, permitting, bidding, and engineering services during Education construction for the rehabilitation of the pump stations. The building mechanical design included, general ventilation systems for the NFPA 820 high service pump room, high B.S.-Mechanical Engineering, density electrical room cooling systems, HVAC and plumbing systems for office space, University of Central Florida, emergency plumbing fixtures for the chemical canopy,4,000-gallon diesel fueling system for 2005 the emergency generator,and fire protection systems for the high service pump station. Mechanical Engineer-of-Record,Fleming Island Regional WWTF BTU No.3 Expansion,Clay County,Florida,2020. Mr Meinig oversaw the all the building mechanical aspects of the project,including HVAC, and fueling systems. The design included renovations to the existing electrical room and relocation of the existing diesel fuel tank for the new emergency generator. The building mechanical design included, high density cooling systems for the electrical room and modifications to the diesel fueling system. Mechanical Engineer-of-Record,Rivertown WTP Project,JEA,Jacksonville,Florida, 2021. Mr.Meinig provided the design and permitting services for the Rivertown Water Treatment Plant Project.The Water Plant building mechanical design included,sodium hypochlorite ventilation systems including 100%outside air unit and emergency ventilation,general ventilation systems,control room HVAC system,high density electrical room cooling systems,emergency shower/eyewash plumbing fixtures,and fire protection systems. Mechanical Engineer-of-Record,Greenland Water Treatment Plant Expansion From 6.0 to 9.0 MGD,JEA,Jacksonville,Florida,2021. Mr. Meinig provided fuel system design, permitting, bidding, and engineering services during construction.The design included a 5,000 gallon diesel storage tank Mechanical Engineer-of-Record,West Nassau Regional WTP(WNRWTP)Expansion Phase 1B,JEA,Jacksonville,Florida,2018. Mr. Meinig provided design, permitting, bidding, and engineering services during construction for the 3.6 mgd AADF WNRWTP Expansion. Part 2 included preliminary and Y A 0 ENGINEERING JOSH MEINIG final design, permitting, and engineering services during construction for the expansion of the WTP components, including a 0.75-MG new pre-stressed GST, well pump and header, sodium hypochlorite disinfection system,four high service pumps equipped with variable frequency drives(VFD),emergency diesel engine driven generator with a 4,000 gallon above ground fuel tank,pre-engineered metal building,supervisory control and data acquisition (SCADA) instrumentation, and large diameter raw water pipeline. The building mechanical design included,general ventilation systems for the high service pump room,high density electrical room cooling systems, HVAC and plumbing systems for office space, emergency plumbing fixtures for the chemical canopy,4,000-gallon diesel fueling system for the emergency generator, and fire protection systems for the high service pump station. Mechanical Engineer-of-Record,North 2 Utility Extension Project(UEP),City of Cape Coral,Florida, 2016. The North 2 UEP area consists of adding potable water,wastewater,and irrigation services to an approximately 6.2 square miles residential area. Mr. Meinig oversaw the all the building mechanical aspects of the project; including 1IVAC,plumbing,and fire protection.The design included 2 canal pump stations,and 2 master pump stations. The canal pump stations building mechanical design included, hypochlorite ventilation system, general ventilation systems,high density cooling systems,emergency plumbing fixtures,diesel fueling systems, and fire protection systems.The master pump stations building mechanical design included,general ventilation systems,high density cooling systems,emergency plumbing fixtures,and diesel fueling systems. Mechanical Engineer-of-Record.Lake Eve Pump Station Rehabilitation and Construction Services, Orange County,Florida,2017. Mr.Meinig was retained by Orange County Utilities to rehabilitate the County's existing 13-million gallons per day submersible pump station located in Orlando,FL.Due to aging equipment and infrastructure,the Lake Eve Pump Station required rehabilitation or replacement.The design consisted of the analysis of two alternatives: utilize the existing wetwell in tandem with a new wetwell or completely abandon the existing wetwell and install a new submersible pump station on the same site. It was recommended installing a new 26 million gallons per day submersible pump station due to comparable construction costs between the two alternatives, available space to construct the new wetwell on the parcel,and constructing a submersible pump station that is consistent with Orange County Utilities design standards.Mr.Meinig was the mechanical Engineer-of-Record for this project. Mechanical Engineer,Rehabilitation and Replacement Project,Shady Hills WWTP,Pasco County,FL. Mr. Meinig was the mechanical engineer for the improvements at the Shady Hills WWTP.The improvements include a new, 17-mgd internal recycle pump station and piping, effluent flow metering, headworks odor control,improved process control for the activated sludge process,and new storage and mixing systems for the Grease/Septage Receiving Facility. Mechanical Engineer,South and Central AWWTF Support Services,City of Fort Myers,FL. Mr. Meinig provided support services to address regulatory and process issues at the City's two AWWTFs, including participating in capital budgeting; reviewing, analyzing, and commenting on laboratory results and regulatory data; participating in plant visits and walkthroughs; troubleshooting various process issues; and assisting with revisions to the implementation schedule of FDEP operating permits.Josh provides mechanical engineering services under this contract Mechanical Engineer,Energy Efficiency and Conservation Block Grant Program Police Department Chiller Replacement,City of Fort Myers,Florida,2014. Mr.Meinig was a mechanical engineer for the design of the chiller replacement for the City of Fort Myers Police Department as part of the Department of Energy American recovery and Reinvestment Act. The project included replacement of two smaller chillers(30-ton and 95-ton)with a single high efficiency chiller(120 tons), pumps,valving,and controls.The existing air handling units were utilized in the design,but all new controls were provided to integrate the new chilled water system and the existing air handling units.This project was part of the comprehensive energy efficiency strategy with focus on cost savings and greenhouse gas reduction. The estimated annual energy savings was over$18,000 with a reduction of 100.2 tons of greenhouse gases. ® YAO ENGINEERING Adam has more than 18 years of professional experience in mechanical engineering. His specialization is in the commercial and industrial mechanical design of HVAC,plumbing, and mechanical systems. Adam strives to incorporate an efficient and effective approach to Adam Barney, P.E. mechanical systems that are elegant and innovative to provide an aesthetic,cost effective, and practical solution. He has worked on projects for clients such as Walt Disney World, Mechanical Engineer Homewood Suites and UPS. In addition,he has been involved in the design of mechanical systems for a variety of hotel,restaurant,residential/commercial buildings,and numerous aviation facilities. Adam graduated from the University of Central Florida with Registration his B.S.in Mechanical Engineering. Professional Engineer: Alabama Mechanical Engineer,Brownwood Senior Apartments,The Villages,Florida. Arkansas Provide mechanical,electrical,plumbing and fire protection performance specification Arizona design for the construction of the new senior apartment project. Colorado -3 Building Types Connecticut -265 Units Florida -3 Basic Unit Types&ADA Versions Georgia -9,000 SF Clubhouse Illinois Indiana Mechanical Engineer,Avalon Apartments,Spring,Texas Kentucky Provide the reuse of existing mechanical,electrical,plumbing and fire protection Louisiana construction documents for the new construction. Maine - 3 Building Types(2 or 3 Story's) -5 Basic Unit Types(368 Units Total) Maryland -3 Additional Unit Types for Solariums Massachusetts - Free Standing Clubhouse Michigan -Free Standing Fitness Building Mississippi -Free Standing Leasing Building Missouri -Trash Compactor Nevada New Mexico Mechanical Engineer,Summerbay Apartments,Clermont,Florida. New York Provide mechanical,electrical,plumbing and fire protection construction documents for North Carolina the new construction. Ohio -2 Building Types(4 Story Wood Frame) Oklahoma - 5 Basic Unit Types(270 Units Total) Pennsylvania -3 Additional Unit Types for Solariums - 5,500 SF Clubhouse(Leasing/Fitness) Rhode Island - 1,000 SF Maintenance Building South Carolina -Trash Compactor Tennessee Texas Mechanical Engineer,Tru Hotel by Hilton,Orlando,Florida. Virginia Provide mechanical,electrical,plumbing and fire protection design for the common area Washington DC spaces,pool area,internal corridors,and guestrooms. 120 Guestrooms,6 Stories Mechanical Engineer,Hyatt Place Hotel,Palm Bay,Florida. Education Provide mechanical, electrical, plumbing and fire protection design for the common area B.S.-Mechanical Engineering, spaces,pool area,internal University of Central Florida, corridors,and guestrooms. 2005 - 106 Guestrooms,5 Stories,+/-63,000 SF Mechanical Engineer,Gardens of Venice ALF,Venice,Florida. Provide mechanical,electrical,plumbing and fire protection design for the construction of a new assisted living facility. - 1 New 3-Story Building -5 Unit Types - 3 Alternate Unit Types for ADA ® YAO ENGINEERING ADAM BARNEY Mechanical Engineer,Savannah ALF,Savannah,Georgia. Provide mechanical,electrical,plumbing and fire protection design for a new assisted living facility. Mechanical Engineer,Morimoto Restaurant,Disney Springs,Florida. Provide mechanical and plumbing engineering design services for the construction of the new Morimoto restaurant,located at Walt Disney World's Disney Springs. Mechanical Engineer,Paddlefish Restaurant,Disney Springs,Florida. Provide mechanical and plumbing engineering design services for the renovation of an existing building into the new Paddlefish Restaurant,located at Walt Disney World's Disney Springs. Mechanical Engineer,IAAPA Office Renovation,Orlando,Florida. Provide mechanical, electrical,and plumbing engineering design for the renovation of an existing 16,980 SF space into a new IAAPA Office. Mechanical Engineer,Orange Theory Corporate Office,Boca Raton,Florida. Provide mechanical, electrical, and plumbing engineering design services for the build-out of a new Orange Theory Fitness Technology Lab Building with int the existing corporate office complex. ® YAO ENGINEERING YAO ENGINEERING SECTION 2. COMPANY QUALIFICATIONS Yao Engineering Background Yao Engineering, Inc. was founded in 2018 and specializes in providing Mechanical, Electrical, Instrumentation and Controls, Plumbing, and Fire Protection Engineering Services. Yao Engineering was incorporated in February 2018 in California and has a single office in Pasadena. Yao Engineering Experience Felix, Mike, and Josh have been working together for 10+ years dating back to our time at CDM Smith, where Felix led the Southwest Electrical Group, Mike led the Southeast Electrical Group, and Josh led the Southeast Mechanical Group. Many times Felix was the peer review for Mike's designs and vice versa, while Josh was on our multidisciplinary teams so there were numerous projects where we had to review each other's designs during the interdisciplinary reviews. Below is a sample list of projects where Felix, Mike,and Josh worked together: Roles and Responsibilities Client—Project Name Felix Mike Josh LADWP—Arc Flash Projects Lead Electrical QA/QC Electrical N/A LADWP—Owens Lake Lead Electrical QA/QC Electrical Lead Mechanical Broward County—Lift Station QA/QC Electrical Lead Electrical Lead Mechanical PWP—Generator Tap Boxes Lead Electrical QA/QC Electrical N/A Pico Rivera—Water Plant No.3 Lead Electrical QA/QC Electrical N/A Pico Rivera—Well No.5 Lead Electrical QA/QC Electrical N/A SoCalGas—EV Charging Stations Lead Electrical QA/QC Electrical N/A Pasadena—Arroyo Seco Stormwater Capture Lead Electrical QA/QC Electrical Lead Mechanical Paramount—Spane Park Stormwater Capture Lead Electrical QA/QC Electrical Lead Mechanical Glendora—Finkbiner Park Stormwater Capture Lead Electrical QA/QC Electrical Lead Mechanical LA County—Puente Hills Landfill Lead Electrical QA/QC Electrical N/A San Jose Water—Williams PFAS Lead Electrical QA/QC Electrical N/A Lynwood—Lynwood Park Stormwater Capture Lead Electrical QA/QC Electrical Lead Mechanical MWD—Security Upgrades Lead Electrical QA/QC Electrical N/A Mendocino—Critical Facilities Generators Lead Electrical QA/QC Electrical Lead Mechanical Page 113 YAO ENGINEERING Yao Engineering has worked exclusively for Municipalities and Public and Private Utility Agencies since our inception in 2018.We are either the prime consultant or the sub-consultant to these Agencies: .v'~% I' A S A I) t. N A o RI I• LA Los Angeles w� �.„ Burbank Water and Power r Department of Water twer Awns ti ��. o •. sarlr.� DW P Water&Power 1 p ~, f" THREE VALLEYS • • ' MWD _ DVA arr.err J itamr Oaflif Long Beach Water RI LONG BEACH SoCalGas 1- THE PORT OF CHOICE A SCIr,llfa[Help A.ny Yao Engineering is a sub-consultant to these major engineering firms supporting their major projects: F) A;COM Smith (, ► Brown AM) Stantec TETRA TECH Caldwell i listen.think.deliver. Yao Engineering has been awarded multi-year On-call Electrical Engineering prime contracts with: - City of Pico Rivera - Pasadena Water and Power - County of Mendocino - City of Corona - City of Montclair - County of Santa Barbara - City of Anaheim - Three Valleys Metropolitan Water District - Long Beach Utilities - City of Azusa - City of Chino - South Coast Water District In addition to our licensed Professional Engineers(PE's): Felix, Mike,Josh, and Adam.We also have senior engineers,junior engineers, and CAD designers. Felix and Josh would be the primary Engineers of Record for their respective disciplines. Mike and Adam would primarily be responsible for QA/QC of deliverables. Yao Engineering has completed every design and plan check project to the satisfaction of the Client and have a proven track record of staying on schedule on our projects.Due to our successful history,our repeat Clients represent a vast majority of our current workload and backlog. Page 114 0 YAO ENGINEERING SECTION 3. REFERENCES: Agency Name-Project Name Contract Project Reference Contact Information Scope of Work Cost Duration LADWP-Numerous Owens Lake Projects. "'$700k 2018- David Ebersold 4800V electrical distribution and fiber optic and Present Vice President telemetry upgrades; SCADA system training; and (213)457-2139 construction support services(e.g. inspections,shop ebersolddb@cdmsmith.com drawings,and as-builts); drone surveying;etc. Pasadena Water&Power(PWP)-Arc Flash Studies. ^'$125k Apr 2020- Norman Lara Providing arc flash studies and labels at 25 booster Aug 2021 Water Operations Supervisor station and well facilities throughout the water (626)744-7607 department. nlara@cityofpasadena.net PWP-Generator Tap Boxes. ^'$75k Apr 2021- Michele Carina Modify electrical system to add a Manual Transfer Nov 2022 Principal Engineer Switch with Camlocks to provide connections for a (626)744-7012 portable generator at 9 booster stations. mcarina@cityofpasadena.net Southern California Gas(SoCalGas)-EV Chargers. ^'$200k Dec 2021- Greg Kelley Design of 95 dual Level 2 and Level 3 EV Chargers at Nov 2022 Vice President five(5)SoCalGas bases. (562)944-3408 gkelley@johnson-peltier.com City of Paramount-Spane Park Stormwater Capture. -$70k Feb 2022- Oliver Galang The design includes installing a stormwater retention Present Principal basin, pump station, and treatment below the park (213) 598-4178 City of Pasadena-Arroyo Seco Stormwater Basin.The ^'$70k Mar 2022- oliver.galang@craftwaterinc.com design includes installing a diversion structure, Present actuated valve, pre-treatment,and filtration unit City of Glendora-Finkbiner Park Stormwater Capture. ^'$70k Jan 2023- The design includes installing a stormwater retention Present basin, pump station, and treatment unit below the park's soccer field and baseball fields Metropolitan Water District-Security Upgrades. ^'$300k Feb 2023- Keenan Bull Upgrading existing cameras,add new cameras, replace Present Senior Project Manager card readers, add PA and intercom systems (949)930-7258 bullke@cdmsmith.com PWP-Garfield Well Plan Review. ~$12k Nov 2022 Sandra Andrade-Hernandez Review Electrical and Instrumentation plans, specs, (626) 744-4189 and cost estimates(PSE)for Code and Standard sandrade- compliance hernandez@cityofpasadena.net PWP-Explorer Well Plan Review. '"$10k Mar 2023 Johnathan Giang Review Electrical and Instrumentation plans, specs, (626) 744-8423 and cost estimates (PSE)for Code and Standard jgiang@cityofpasadena.net compliance Page 115 0 YAO ENGINEERING Agency Name—Project Name Contract Project Reference Contact information 4 Scope of Work Cost Duration PWP—Sunset Complex Plan Review. —$15k Oct 2023 Michael Lin Review Electrical and Instrumentation plans, specs, (626)744-4468 and cost estimates(PSE)for Code and Standard mlin@cityofpasadena.net compliance Pico Rivera—City Yard Generator Plan Review. "$7k Apr 2022 Jose Gutierrez Review Electrical plans,specs,and cost estimates(PSE) (562)801-4379 for Code and Standard compliance jose.gutierrez@pico-rivera.org Pico Rivera—PFAS Upgrades at Plants 1,2,and 3. ^'$30k Nov 2021 Gene Edwards Review Electrical plans, specs,and cost estimates(PSE) (562)801-4225 for Code and Standard compliance gedwards@pico-rivera.org SECTION 4. SUBCONSULTANTS Yao Engineering has the internal expertise to provide Mechanical, Electrical,Instrumentation and Control, Plumbing, and Fire Protection Engineering design and engineering services during construction without the need for additional subconsultants. SECTION 5. EXCEPTIONS Yao Engineering has no exceptions to the RFP and/or City's standard professional services agreement. Page 116 0 YAO ENGINEERING SECTION C. SCHEDULE OF HOURLY RATES: 2024 through 2027 Fixed Labor Rates Title Hourly Rate Professional Engineers $225 Senior Engineers $215 Junior Engineers $165 Senior CAD Designers $125 Administrative $95 A. All Other Direct Costs(ODCs)and mileage shall be confirmed with Seal Beach prior to purchase or expenditure. B. Other Direct Costs shall be reimbursed AT COST+ 10%. Receipts shall be provided with the invoice. C. Mileage reimbursement rates shall abide by the current IRS Mileage Reimbursement Rate which the mileage is incurred. Page 11 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 elected and appointed officials, officers, employees, agents, servants, those City agents serving as independent contractors 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, agents and servants) 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. CO® DATE(MM/DD/YYYY) A CC CERTIFICATE OF LIABILITY INSURANCE 08/05/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Maryna Uchuvatova NAME: New Century Insurance Services PHONEN E:tg (626)300-9000 FAX(NC No): (626)570-0908 License#01307085 E-MAIL ADDRESS: 16 N.2nd Street INSURER(S)AFFORDING COVERAGE NAIC N Alhambra, CA 91801 INSURERA: Continental Casualty Company 20443 INSURED INSURER B: American Casualty Company Of Reading Pennsylvania 20427 YAO ENGINEERING INC. INSURER C: 60 N DAISY AVE UNIT 2C INSURER D: INSURER E: PASADENA CA 91107 INSURER F: COVERAGES CERTIFICATE NUMBER: CL23112877626 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. INSR LTR TYPE OF INSURANCE INSD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDD/YYY1) (MM/DDIYYYY) X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $DAMAGE')0 RENTED 1,000,000 MED EXP(Any one person) $ 10,000 A Y Y 6025445014 12/09/2023 12/09/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO- . LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y 6025445014 12/09/2023 12/09/2024 BODILY INJURY(Per accident) $ _ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) $ UMBRELLA UAB X OCCUR EACH OCCURRENCE S 5,000,000 A X EXCESS LIAB • CLAIMS-MADE Y Y 6025446700 12/09/2023 12/09/2024 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X STATUTE EOTH AND EMPLOYERS'LIABILITY Y/N 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA Y 6025445000 12/09/2023 12/09/2024 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ EACH CLAIM $3,000,000 Professional Liability DED:$1,000 A SFH591935623 12/09/2022 12/09/2025 AGGREGATE $3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The City of Seal Beach,its elected and appointed officials,officers,employees,agents and volunteers is respected as additional insured per form SB146932g attached.Waiver of subrogation included for general liability and workers compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Seal Beach Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 I a( ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA SB146932G 10-19) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Primary—Noncontributory provision 1.b. Definition of"written contract" 2. Additional Insured—Extended Coverage II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Fellow Employee First Aid E. Legal Liability—Damage to Premises F. Personal and Advertising Injury—Discrimination or Humiliation G. Personal and Advertising Injury—Broadened Eviction H. Waiver of Subrogation—Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a 'Written contract" to provide insurance, but only with respect to "bodily injury" or"property damage" arising out of"your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB146932G (10-19) Page 1 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) h. "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a"written contract." 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract;" b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury," "property damage" or "personal and advertising injury" as co- owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for"bodily injury," "property damage," or "personal and advertising injury" as grantor of a franchise to you. SB146932G (10-19) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury"takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for"bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,"takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,"takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for"bodily injury,""property damage"or"personal and advertising injury"arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract,"we will treat as a "written contract"any governmental permit that requires you to add the governmental entity as an additional insured. SB146932G (10-19) Page 3 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury"caused by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products-completed operations hazard."But this provision (2)does not apply to such"bodily injury"or"property damage"if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the"written contract"; and (b) The"written contract" requires you to make the person or organization an additional insured for such "bodily injury"or"property damage"; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 1. With respect only to additional insured coverage provided under paragraphs A. and B. above: a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions, the following definition is added: 'Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: (1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to: (a) The"bodily injury"or"property damage;"or (b) The offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage. 2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; SB146932G (10-19) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a.through d. above; (2) "Property damage"to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily injury—Expanded Definition Under Liability and Medical Expenses Definitions, the definition of"Bodily injury" is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or"suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. SB146932G (10-19) Page 5 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) D. Fellow Employee First Aid Coverage In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following: The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury"that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee" or "volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Legal Liability—Damage To Premises 1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage"to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- = completed operations hazard." 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. SB146932G (10-19) Page 6 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations. F. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of"personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. G. Personal and Advertising Injury -Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. H. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932G (10-19) Page 7 of 7 Copyright,CNA All Rights Reserved. 01 X CNA CNA8 (09-14)( THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 1 of 1 Copyright,CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission CNAWorkers Compensation And Employers Liability Insurance BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No:WC 6 25445000 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/09/2022 Endorsement No: 2; Page: 1 of 1 Policy Page: 12 of 14 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved.