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HomeMy WebLinkAboutAGMT - W G Zimmerman Engineering Inc (On Call Professional Engineering Design Management Services) PROFESSIONAL SERVICES AGREEMENT for On-Call Professional Engineering/Design/Management Services between EAL B`ss : OORPORgTFit„e)��� io 'r �Q.' i �6F9 27 '\ �:\ f" 414 COLIN c��' City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 W.G. Zimmerman Engineering, Inc. 7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 (714) 799-1700 This Professional Service Agreement ("the Agreement") is made as of August 12, 2024 (the "Effective Date"), by and between W.G. Zimmerman 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 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 professional engineering/design/management 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. 2.0 Term 3 of 23 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 $300,000 (Three 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 $100,000 (One Hundred 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 describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed 4 of 23 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. 6.0 Party Representatives 5 of 23 6.1. The City Manager is City's representative for purposes of this Agreement. 6.2. Bill Zimmerman is the Consultant's primary representative for purposes of this Agreement. Bill Zimmerman 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: W.G. Zimmerman Engineering, Inc. 7812 Edinger Ave., Suite 302, Huntington Beach, CA 92647 Attn: Bill Zimmerman 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 Services. Consultant shall be solely responsible for the satisfactory work 6 of 23 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. 9.4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, volunteers, 7 of 23 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. 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, 8 of 23 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 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 9 of 23 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 such response does not imply or mean the right by City to control, direct or rewrite the response. 10 of 23 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. 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 11 of 23 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. 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 12 of 23 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 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 13 of 23 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. 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 14 of 23 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-Throuqh 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 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 15 of 23 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 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 16 of 23 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 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 17 of 23 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 agreements. This Agreement may only be modified by a writing signed by both Parties. 18 of 23 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. 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 19 of 23 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. 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 20 of 23 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 rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 21 of 23 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: W.G. Zimmerman Engineering, Inc., a California corporation By: Wngrarn, City Man r By: 44- Name: L 11 nnrinccv ov� Its: e G9( tn+• Attest: By: .4.,,iirxiafturel jaa.ep_rt �,��� Name: By: fir/ Its: S�r_cr�zs r Gloria D. 11 rper, City Clerk (Please note, two signatures required for corporations pursuant to California Approved as to Form: Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president By: or any vice president, and (ii) Nicholas Ghirelli, City Attorney the secretary, any assistant secretary, the 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 Fi��II. r � 0 1 � I 0 momm•willi INOMMINIMMOI fi room • a wistsit i 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@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 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. • 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 City of Seal Beach Public Works Department RFP On-Call Professional Services- Professional Engineering/Design/Management Services April 24, 2024 F. • N. 1 iy�' r 1 a{p, \i 4 ' ram" l ., ,.I,. .. titi .Ia s A — ' 4-I--- 11 lilt 4111if -1.. 11040.. A, t _1 Or SE.t. lE.Cn , ,40-t III 1 - 0,.S'`. ' .* _ 't} f I, °°. -- _ I. Presented to: City of Seal Beach Attn: Kathryne Cho, PE Deputy Public Works Director 211 Eighth Street Seal Beach, CA 90280 Submitted by: W G Z E W.G. Zimmerman Engineering, Inc. 7812 Edinger Avenue, Suite 302 Huntington Beach, CA 92647 April 24 2024 Kathryne Cho Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 Subject: RFP On-Call Professional Services - Professional Engineering/Design/Management Services Dear Ms. Cho: We at W.G. Zimmerman Engineering Inc. (WGZE) are very excited to submit our qualifications for ON- Call Professional Services,focused on the Professional Engineering/Design/Management Services to the City of Seal Bach. Our enthusiasm is evident with the current services we are providing to the City and will continue as we perform work for the City of Seal Beach. We are a "S" Corporation, as well as a certified Small Business Enterprise (SBE) by the State of California, and a full-service Transportation/Traffic/Civil Engineering firm, recognized by Local, State, and Federal Agencies for providing quality professional engineering services. As a Southern California firm, we are focused and solely a public-agency-serving civil and transportation engineering firm, established in 1995. Our company's mission is 'To provide civil, transportation, and traffic engineering services as well as project management and staff augmentation services to assist public agencies achieve their goals". We are uniquely qualified to provide the City of Seal Beach Professional Engineering/Design/Management Services because of our experience serving Southern California Agencies a s wide variety of projects from road design, traffic signal design, storm water and flood control projects, traffic engineering, municipal projects design,CIP Project Management,and staff augmentation.We are currently serving the City as a Traffic Engineer. Augmenting our Team includes the following subconsultants: Dewberry Engineers, located in Long Beach, will perform Hydrology,Structures,water and wastewater systems. Dewberry's services are very diverse since its inception 60 years ago. The Services it offers are listed below: • Civil Engineering • Planning Services • Architecture • Construction management • Environmental Sciences • Surveying LMN Civil Engineers, located in Redondo Beach, will provide drainage design, LID Compliance, and other storm drain related issues. Rounding out our Team is Coast Surveying, located in Tustin. Coast is reputable surveying company and previously works for the City of Seal Beach. WGZE 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 T:714-799-1700 I F:714-333-4712 I www.wgze.com Please consider the W.G. Zimmerman Engineering Team for the following Disciplines: • Traffic Engineering • Roadway Design/Rehabilitation • City Traffic Engineer • Water Systems • Traffic Studies/Reviews • Sanitary Sewer Systems • Funding • Storm Drain Systems • Landscaping Design • Bridge Design • Water Quality Projects • Drainage Design/LID • Bike Systems • Surveying • Project Management • Staff Augmentation Our experience is very diverse, we have served as contract City Traffic Engineers, City Engineers, Interim Public Works Directors, City Project Managers, CIP Managers, Contracts Managers, Staff Support, and City Construction Inspectors. As the proposed Project Manager/ Engineer, I bring over 30 years of traffic,transportation, civil, and municipal engineering experience to the City of Seal Beach. My experience includes acting as the City Engineer and Traffic Engineer for the cities of Norwalk, Signal Hill, La Mirada, and Seal Beach. Please address all correspondence concerning this proposal and items requiring contractual authority to my attention at the following address: Bill Zimmerman, PE, TE, PTOE W.G. Zimmerman Engineering, Inc. President/ CEO 7812 Edinger Avenue, Suite 302 Cell: 714-412-1597 Huntington Beach, CA 92647 E-mail: wgzimmerman@wgze.com 714-799-1700 1714-333-4712 fax We have acknowledged the addendums on Planetbids. I am the authorized signature to contractually bind of W.G. Zimmerman Engineering. We look forward to discussing our qualifications in person. If you have any questions, please do not hesitate to contact me at 657.845.9500 office or 714.412.1597 cell. Respectfully submitted, W.G.Zimmerman Engineering, Inc., Bill Zimmerma , PE, TE, PTOE President W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 T:714-799-1700 I F:714-333-4712 I www.wgze.com Proposal: On-Call Professional Services Table of Contents 1 - PROJECT STAFF AND ORGANIZATION 1 1.1 Project Manager/ Firm Representative 1 1.2 Key Staff Resumes 2 1.3 WGZE Key Staff Availability 8 2 - ORGANIZATION CHART 9 3 - FIRM'S REFERENCES 10 3.1 Firm Profile 10 3.2 Firm's Experience 11 3.3 Similar Work Experience 11 4 - FIRM'S REFERENCES 12 4.1 Relevant Project Experience 12 4.2 Project Staff Assigned 15 5 - LIST OF REFERENCES 16 6 - LIST OF SUBCONSULTANTS 17 6.1 Dewberry Engineers, Inc. 17 6.2 Coast Surveying, Inc 24 6.3 LMN Civil Engineering, Inc. 26 7 - STATEMENT OF UNDERSTANDING OF NEEDS 29 WGZE 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 T: 714-799-1700 I F: 714-333-4712 l www.wgze.com Proposal: On-Call Professional Services 1 - PROJECT STAFF AND ORGANIZATION 1.1 Project Manager/ Firm Representative W.G. Zimmerman Engineering's Project Manager/Principal Civil Engineer/Traffic Engineer will be Mr. Bill Zimmerman, PE, TE, PTOE. He has over 30 plus years of experience in providing on-call `. , .' services/as-needed to local agencies. Recently, Mr. Zimmerman served as the Interim City Engineer for the City of Norwalk over the past 5 Years.As the City Engineer, he was responsible for managing the CIP from Design to Construction. These projects included roadway widenings, intersection widenings, pavement rehabilitation program,traffic signal upgrades and operations, State, County and Federal funding, and ROW acquisitions. Extensive Local Experience with Public Clients His on-call experience includes working with the cities of Seal Beach, South Gate, Norwalk, Downey, Pasadena, South Pasadena, La Mirada, Long Beach, Cypress,Signal Hill, Westminster, Garden Grove, Newport Beach, Irvine,Anaheim, Fullerton,Yorba Linda, Mission Viejo, Lake Forest, Norco, Lake Elsinore, and Chino. In addition,the Los Angeles Flood Control District, Orange County Flood Control District, OCTA, METRO, WRCOG, and Norwalk Transit. Many of these on-call contracts included roadway design,traffic signal design,turn-out bays, storm drain facilities, ROW acquisition, funding, and staff support. Project Management Style Mr. Zimmerman began his career designing and producing bid documents for traffic signals, freeways, roadways, storm drain systems, water and sanitary sewer systems, and construction inspections.This experience has given him a strong knowledge base on managing projects from a state,federal, and local level.As a Project Manager, he is "Hands-on" and is intimately involved in the project design, including lending a hand in the design, writing specifications, and developing cost estimates. His belief is that the more information provided to staff,the better the project understanding and the better quality of product. Recent Relevant Work Currently, Mr. Zimmerman serves as the "As-Needed" City Traffic Engineer to the cities of Signal Hill and Seal Beach and previously served as interim City Engineer to the City of Norwalk along with providing staff support to various Southern California Agencies on an "As-Needed" basis. In addition, he is providing design review to Orange County Transportation Authority, Western Riverside Council of Governments, Seal Beach (0C405 Freeway Widening), and development projects within Signal Hill Seal Beach, and Mission Viejo; as well as,support to the City of Norwalk and South Gate. Contact Information Mr. Zimmerman will serve from our office in Huntington Beach. His direct cell number is 714.412.1597 and email: wgzimmerman@wgze.com. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 Page T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services Bill Zimmerman, P.E.,T.E. Project Manager/ Principal Civil Engineer/Traffic Engineer EDUCATION: B.S. Civil Engineering, University of Colorado REGISTRATIONS: Professional Civil Engineer; CA 4#8667 Professional Traffic Engineer; CA#2254 YEARS OF EXPERIENCE: 35 Years of Experience AFFILIATIONS: Institute for Transportation Engineers American Society of Civil Engineers Mr. Zimmerman has over 30 years of experience in transportation, civil and municipal engineering projects. His professional experience includes highway and arterial planning and design, commuter and heavy rail planning and design, local street design, municipal engineering, water infiltration design, Storm drain design,transit station planning and design,traffic management and traffic operation system design, ITS design, communication system design, and traffic studies. His federal funding management experiences includes: HBRR,STPL, HES, IMD, SRTS, Seismic, Discretionary, and ARRA, HSIP, and BTA. He has served as Interim City Engineer, Public Works Director, City Traffic Engineer, and provided City Staff Support. RELEVANT EXPERIENCE: MUNICIPAL ENGINEERING Interim City Engineer, Norwalk, CA. Interim City Engineer responsible for City Staff management, developing 8-year CIP, City representative, Funding Manger, project management, consultant management, Design Review,traffic engineering and support, CIP management.As Interim City Engineer, responsible for City issues, attending and presenting at City Council and Commission meetings, attending Public Workshops, and representing the City at inter-agency meetings. In addition, responsible for seeking Federal and State funding for CIP projects from Caltrans and MTA. Talbot Street Slope Failure Reconstruction,San Diego, CA. Project Engineer responsible for hydrology, base plan preparation, retaining walls design, roadway improvements,traffic management program, environmental documents, and PS&E.The first phase of the project involved the development of concept alternatives for the restoration of the slope.These alternatives included retaining walls, shotcrete slope, soil nailing or benched slopes.The second phase was the design of the selected alternative which was the soil nail wall option. Memorial Park Infiltration System,San Diego, CA. Project Manager for the preparation of the Plan, Specifications& Estimates for the water quality project. The project detained the initial storm run-off through an on-site underground storage and percolation system.This system was developed to allow full park use above the storage system including soccer.An overflow secondary system and bypass system was incorporated into the system. Responsibilities included coordination with the City's environmental group, the Coastal Commission, RWQB, and adjacent school.The project included hydrology analysis, drainage design,storage system research, and PS&E. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 12 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services RELEVANT EXPERIENCE: CIVIL ENGINEERING Hazard Avenue Storm Drain, Westminster, CA. Project Manager for the preparation of the Plan, Specifications&Estimates to install a dual 60-inch storm drain in Hazard Avenue.The project provided a secondary conveyance system to the existing Orange County Flood Control Channel. Responsibilities included coordination with OCFCD, area-wide hydrology and hydrology analysis, drainage design, coordination with water quality board, sizing inlets, utility relocation, and street design. San Antonio Drive / Norwalk Boulevard Pavement Rehabilitation Project, Norwalk, CA. The project reconstructed pavement between Rosecrans Avenue and Florence Avenue.The project included the I- 5 interchange, business district of San Antonio Drive,City Hall, and a residential community. Acted as a design engineer,the project involved Field Review,Surveying,Geotechnical Investigations,Base Plan Development, Pavement Analysis, Stage Construction Plans, ADA Ramp Updates, Sidewalk and Curb and Gutter Repairs, Signing and Striping, and Caltrans Coordination for Encroachment Permit. Talbot Street Slope Failure Reconstruction,San Diego, CA. Project Engineer responsible for hydrology, base plan preparation, retaining walls design, roadway improvements,traffic management program, environmental documents, and PS&E. The first phase of the project involved the development of concept alternatives for the restoration of the slope.These alternatives included retaining walls, shotcrete slope, soil nailing or benched slopes.The second phase was the design of the selected alternative which was the soil nail wall option. RELEVANT EXPERIENCE:TRAFFIC ENGINEERING Contract Traffic Engineer,Seal Beach, CA. Contract Traffic Engineer for the City. Responsibilities include City-wide Speed Zone Studies, project studies,traffic studies, development studies, public presentations, plan reviews, study reviews,traffic signal management,traffic signal design, Consultant Management,signing and striping plan,stop sign warrants, signal warrants,funding management, resident interface, neighborhood traffic calming programs, City Council and Planning Commission attendance, and public forum presentations. Uncontrolled crosswalk(HSIP) Funding Obligation for Construction,South Gate,CA. Funding Support for the submittal of Request for Authorization to construct the project using federal funds. The project included completing the Caltrans Local Assistance Procedure Manual required forms, preparing the bidding document boiler plate, developing the Federal Specifications, and compiling the technical specifications, plans, estimates, and other required forms as mandated by Chapter 12 of this manual. Contract Traffic Engineer,Signal Hill,CA. Contract Traffic Engineer for the City. Responsibilities include City - Wide Speed Zone Studies, project studies,traffic studies, development studies, public presentations, plan reviews, study reviews,traffic signal management,traffic signal design, Consultant Management, signing and striping plan,stop sign warrants,signal warrants, lead traffic safety committee,funding management, resident interface, neighborhood traffic calming programs, City Council and Planning Commission attendance, and public forum presentations. Development of Traffic Impact Analysis Guidelines,South Gate,CA. Traffic Engineer developing City Traffic Impact Analysis guidelines based upon the County of Los Angeles Guidelines and updating them to current state of practice customized to meet the City needs. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 Page 13 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services )0' Christopher Cordero Senior Civil Engineer EDUCATION: B.S. Civil Engineering, California State Polytechnical University REGISTRATIONS: Professional Civil Engineer, CA#84651 YEARS OF EXPERIENCE: 20 years of experience AFFILIATIONS: Institute for Transportation Engineers Mr. Cordero has over fifteen years of experience in transportation,traffic, and municipal engineering projects. He has worked on a variety of roadway rehabilitation projects, bikeways (Class I and Class II), intersection widening, roadway widening, drainage projects, and traffic related projects. His experience includes pavement design, signing and striping plans, traffic staging plans, bridges, retaining walls, hydrology and hydraulic reports and computer simulations, drainage design, intersection widening,traffic signal operations,traffic signal design, and Caltrans PS&E. Mr. Cordero has recently served as Staff Support to the City of Lawndale providing design and plan check services. In addition, within the last few years, Mr. Cordero has provided Staff Support to the cities of South Gate, Carson, South Pasadena, Costa Mesa, and Seal Beach. RELEVANT EXPERIENCE: MUNICIPAL ENGINEERING Talbot Street Slope Failure Reconstruction,San Diego,CA. Project Engineer responsible for hydrology, base plan preparation, retaining walls design, roadway improvements,traffic management program, environmental documents, and PS&E. The first phase of the project involved the development of concept alternatives for the restoration of the slope.These alternatives included retaining walls, shotcrete slope,soil nailing or benched slopes.The second phase was the design of the selected alternative which was the soil nail wall option. Memorial Park Infiltration System,San Diego, CA. Project Engineer for the preparation of the Plan, Specifications& Estimates for the water quality project. The project detained the initial storm run-off through an on-site underground storage and percolation system.This system was developed to allow full park use above the storage system including soccer. An overflow secondary system and bypass system was incorporated into the system. Responsibilities included coordination with the City's environmental group, the Coastal Commission, RWQB, and adjacent school. The project included hydrology analysis, drainage design,storage system research, and PS&E. Project Management Services, Carson, CA. Project Manager to provide staff support to the City of Carson by providing staff augmentation as a Project Manager for the City's CIP and Development Projects. Services included: review development plans, coordination with developers/engineers, traffic control plan review, CIP plan review,front counter duties, and minor civil engineering design such as ADA curb ramps, sump pumps, and cross gutters. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 Page I 4 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services ) RELEVANT EXPERIENCE:CIVIL ENGINEERING Imperial Highway(SR90) Kraemer Boulevard Intersection Widening, Brea, CA. Project Engineer for the design of the intersection widening to add right turn lanes and additional left turn lanes on four approaches. The project included hydrology/drainage study,traffic study,grading, retaining walls, signal design, roadway widening, curb inlets, signing and striping, geotechnical investigation, Caltrans Section 106, and Caltrans Encroachment Permit. Adolfo Road at Santa Rosa Drive Intersection Widening, Camarillo,CA. Project Engineer for the concept development and final PS&E. The project includes widening the eastbound leg to allow the installation of dual left turn lanes and a right turn lane in a confined right-of-way. The project included a traffic analysis, concept plan, traffic signal and interconnect design, CEQA development, and geotechnical investigations. Lambert Road at Kraemer Boulevard Intersection Widening, Brea,CA. Project Engineer for the design of the intersection widening to add an eastbound right turn lane onto southbound Kraemer Boulevard.The project included hydrology/drainage study,traffic study, grading,signal design, roadway widening, PRV relocation, signing and striping, and high-risk utility investigation. Marina Drive Recreational/Bikeway Trail Project,Seal Beach,CA. Project Engineer for the preparation of the PS&E package from First Street to Pacific Coast Highway(SR-1). The project provides a Class I and II Bike Lanes for the conductivity of the existing Class II bike lane system on Pacific Coast Highway to the Class I Bike Trail along the San Gabriel River. The concept plans were developed which included the use of traffic circles at 5th Street and Marina Drive which included a bike lane. Marina Drive was reconstructed, an adjacent Class I Bike Lane with landscaping, and trail signage was included as part of the project. The design followed the State and Federal design guidelines for federal funding. RELEVANT EXPERIENCE: MUNICIPAL ENGINEERING Assistant City Traffic Engineer,South Gate, CA,Serves as the Assistant City Traffic Engineer to the City Traffic Engineer. Duties vary from project design to review of plans, review of traffic impact Studies, studies,traffic control plans, coordinating with City staff, Jamboree Road and Barranca Parkway Intersection Improvements, Irvine,CA.Senior Project Engineer for the modification of the existing traffic signal from a split phase on Barranca Parkway to an eight-phase operation, relocation of the west signal pole, coordination with SCE for the location of the mast arms under High Voltage wires, hydrology analysis,storm drain design, and coordinate signal timing with the cities of Irvine and Tustin. Woodruff and Via Amorita High-Intensity Activated Crosswalk(HAWK) Beacon, Downey, CA. Senior Project Engineer for the design of a HAWK traffic signal adjacent to Doty Middle School.To determine the pedestrian walk interval, a pedestrian study was conducted to determine the number of students within a platoon crossing Woodruff Avenue. Timing was then developed and entered into the controller utilizing HAWK software developed by Wapiti Micro Systems.The project included traffic counts, timing,signal design, ADA ramps, SCE coordination, and Caltrans Request for Authorization coordination for construction. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page I5 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services Antonio Magaiia Project Engineer EDUCATION: B.S. Civil Engineering, California State University, Long Beach REGISTRATIONS: FE- Pending YEARS OF EXPERIENCE: 9 Years of Experience AFFILIATIONS: Institute for Transportation Engineers Orange County Transportation Engineers Council Mr. Magana has over nine years of experience in transportation,traffic, and municipal engineering projects. He has worked on a variety of roadway rehabilitation projects, bikeways (Class II), roadway widening, drainage projects,and traffic related projects. His experience includes pavement design,signing and striping plans, traffic staging plans,traffic impact studies,traffic signal design, Project Management of corridor-wide traffic signal synchronizations, Caltrans Permitting, and Funding applications and obligations. RELEVANT EXPERIENCE: MUNICIPAL ENGINEERING Consultant Services to Support Regional Modeling Traffic Operations Projects,OCTA: On-Site Traffic Engineering Support for the Regional Modeling Traffic Operations project.As On-Site traffic support, duties included: assess existing hardcopy and electronic files systems for previous and current Traffic Signal Synchronization projects, develop a document control system for hardcopies and electronic files, review and update files, coordinate missing documents with agencies and consultants, develop OCTA-led meeting Agendas, assist in the preparation of meeting minutes, interagency coordination, provide support in the development of corridor projects funded through Measure M2 Project P, review SYNCHRO files, develop in-kind match reporting and Project P payment forms, assist CAMM with the execution of cooperative agreements and Contract Task Orders, compute GHG calculations for completed signal synchronization projects, provide RTSSP data to other OCTA staff for various reporting needs, assist in the development of RFP's for On-Call Traffic Engineering Services and ITS Update, provide project management services, and support OCTA Staff. RELEVANT EXPERIENCE: CIVIL ENGINEERING Area 7 Local Street Paving Project, Downey, CA. Project Engineer for the design of street reconstruction and rehabilitation. The project included field evaluation of existing pavement and curb and gutter, pavement treatment for over 16.2 miles over 144 street segments,sidewalk and curb and gutter reconstructions, driveway reconstruction, and AD ramp upgrades. Spring Street Bicycle Gap Closure and Complete Streets Project(ATP),Signal Hill, CA. Project Engineer for the design of bicycle and safety enhancements project.The Project included pavement reconstruction, installation of Class Bike 3 Lanes, drainage analysis, bioretention systems, Pedestrian lighting, ADA ramp upgrades, and pedestrian countdown pedestrian heads at each intersection along the corridor. Las Posas Road Widening Concept Plan and Study, Camarillo,CA: Design Engineer for the widening of Las Posas Road from Bonanza Avenue to Pleasant Valley Road. The project developed concepts to W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page I6 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services widen the roadway from two lanes in each direction to three lanes in each direction, corridor hydrology and drainage study, install Class 2 Bike Lanes, and upgrades signals along the corridor. RELEVANT EXPERIENCE:TRAFFIC ENGINEERING Mount Vernon Bridge Replacement D/B Traffic Engineering Support,SBCTA,San Bernardino, CA. Assists on traffic engineering issues and reviews traffic engineer's design plans, studies, and traffic signal timing.Additionally, coordinates with SBCTA, City of San Bernardino, Caltrans, D/B Team and the Project Management Team to resolve issues, make recommendations, and provide direction. Various City-wide Traffic Analysis and Studies, La Mirada, CA: Project Engineer for City requested studies ranging speed studies, parking analysis sight distance,stop sign and traffic signal warrants, to pedestrian studies and signal operations. Six HSIP Traffic Signal Systems Plan Review, Norwalk,CA: Reviews traffic signal and communication plans and specifications for six Federally Funded projects.The plan review includes traffic signal design review, communications and interconnect review,traffic signal timing and SYNCHRO review, and comparison of project plans to applications. Rosecrans Avenue Corridor Traffic Signal Upgrades, La Mirada,CA: Design Engineer for the traffic signal design,traffic signal timing and interconnect for three intersections.The project included coordination with Los Angeles County for input in the design.The project included upgrading existing traffic signal operations, equipment, and communications systems. Pacific Coast Highway(SR-1)and Junipero Avenue Traffic Signal Upgrade,Signal Hill, CA: Design Engineer for the intersection modification to convert the traffic signal to a split-phase operation for the north south direction and eliminated the thru movement. Responsible for the design,signal timing, and Caltrans coordination and permitting. First Street High Visibility Crosswalk,Seal Beach, CA. Project Engineer for the design and installation of Rapid Rectangular Flashing Beacons on First Street at Central Avenue.The project included the installation of painted crosswalks, signs and striping, and upgraded ADA ramps. 20th Street and Redondo Avenue Traffic Signal,Signal Hill,CA. Project Engineer for the design and permitting for the installation of a traffic signal at the intersection of 20th Street and Redondo Avenue.The project was funded by the City of Signal Hill and the project Location was within the City of Long Beach's city limits.The project included a traffic signal installation, ADA ramps, utility coordination,traffic signal interconnect, and construction support. Jefferson Elementary School Expansion Traffic Impact Analysis,Oceanside School District, Oceanside, CA. Project Engineer for the study of additional traffic impacts to the community.The project included pedestrian field evaluation, busses interface with parents drop-off/pick-up, student drop-off/pick-up zones,school traffic circulation, stop sign and traffic signal warrant analysis, and 4 intersections Level of Service impact analysis. Contract Traffic Engineer,Signal Hill, CA.Assisting Contract Traffic Engineer for the City of Signal Hill. Responsibilities include City - Wide Speed Zone Studies, project studies,traffic studies, development studies, plan reviews, study reviews,traffic signal design, and signing and striping plan, Contract Traffic Engineer,Seal Beach, CA.Assisting Contract Traffic Engineer for the City of Seal Beach. Responsibilities include project studies,traffic studies, plan reviews, study reviews, signing and striping plan, stop sign warrants,funding applications, and neighborhood traffic calming programs. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 17 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services 1.3 WGZE Key Staff Availability W.G. Zimmerman Engineering proposes two Key Staff Role Availability Key Staff Members in direct management of projects: Bill Zimmerman and Christopher Project Cordero.Antonio Magana,Jonathan Bui, Bill Zimmerman Manager/ 50% Willaim Orejana, and Helen Musurlian will Engineer provide support as needed. Christopher Senior Project 50% Our project manager and all key staff Cordero Engineer assigned to this project will remain throughout the project and will not be Antonio Magana, Project Engineer 60% changed during the course of the project unless otherwise approved by the City. WGZE 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 18 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com vil/Traffic/Transportation Engineering projects are very extensive. Since the firm's inception 29 years ago, W.G. Zimmerman Engineering has prepared project plans E Most of our projects were Federally Funded or on a State Route requiring coordination or approval through Caltrans. Our Team is well rounded and has a previous hisi OF SEA( eF'.. q�i City of Seal Bill Zimmerman Beach Project Manager c4(/FORN `: f' "` Christopher Cordero Senior Civil Engineer ir slund, PE 4L 1 Mike Pugh, PE,SE Kurt Hoen, PLS Quality 4 Water Systems & Facilities Surveying ." Proposal: On-Call Professional Services 3 - FIRM'S REFERENCES W.G. Zimmerman Engineering, Inc. (WGZE) is a certified Small Business Enterprise (SBE)specializing in full-service traffic/ civil/transportation engineering since the company's inception in 1995.The company's mission is: "To provide quality traffic, transportation and civil engineering services to local agencies, using community safety and satisfaction as our measures of success.'WGZE specializes in: • Traffic/Transportation Engineering • Project Management • Civil Engineering • Staff Augmentation • Municipal Engineering • Funding Management Since the firm's inception, WGZE has or currently provides on-call civil/traffic/transportation services to various Southern California which include the cities of: South Gate, La Mirada, Signal Hill, Norwalk, Downey, Carson, South Pasadena, Thousand Oaks, Mission Viejo, Seal Beach, Stanton, Orange County Transportation Authority(OCTA), Western Riverside Council of Governments (WRCOG). The firm's founder, Bill Zimmerman, brings over 30 plus years of experience to the City. His experience includes working with various agencies for Contract City Traffic Engineer, Interim City Engineer, roadway and intersection widenings, roadway reconstruction, off/on-ramp design, regional traffic signal coordination,traffic signal design and management systems,fiber optic communication design,traffic control,signing and striping plans, and funding applications and management. The Company was established in 1995 as a Sole Proprietorship and formalized as an "S" Corporation in 1999 in the State of California. Our contact information is provided below: Corporate Offices: W.G. Zimmerman Engineering, Inc. Firm President/ CEO: Bill Zimmerman, PE,TE, PTOE 7812 Edinger Avenue, Suite 302 Huntington Beach, CA 92647 Phone: 657-845-9500 direct line I Fax: 714-333-4712 Email: wgzimmerman@wgze.com Website: www.wgze.com Mr. Zimmerman is authorized as President of the Firm to negotiate on behalf of W.G. Zimmerman Engineering, Inc. WGZE is certified as a Small Business Enterprise (SBE) by the State of California and various California Agencies including the LACMTA, Port of Long Beach, OCTA, and Caltrans. The firm's founder, Mr. Bill Zimmerman is a licensed Civil and Traffic Engineer. His experience in providing On- Call Engineering Services will be an asset to the City of Seal Beach. Our current staff level is comprised of 10 employees ranging from engineers,technicians, and administrative staff members. WGZE 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 110 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services 3.2 Firm's Experience W.G. Zimmerman Engineering has provided "On-Call" and Project Specific Consulting Services to local agencies since its inception. We have an outstanding reputation for delivering quality products on time and within budget. 3.3 Similar Work Experience The WGZE Team is uniquely qualified to provide On-Call WGZE On-Call Engineering Engineering Services to the City of Seal Beach. Our On-call Clients services include staff augmentation such as Interim Public Works Directors and City Engineers, Contract Traffic Engineers, Principal La Mirada Civil Engineers, Project Management, and support staff for local South Gate agencies. Our experience includes design of roadways, Seal Beach intersections, pavement rehabilitation, drainage systems, storm Signal Hill water infiltration, traffic signal systems, capital improvement program, and funding application and management. Mission Viejo Downey WGZE 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page ( 11 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services 4 - FIRM'S REFERENCES Project Name: Assistant City Traffic Engineer Client: City of South Gate Reference/Contact: Jose J. Loera,T.E., City Traffic Engineer Telephone: (323) 563-9578 Email address: jjloera@sogate.org Location: 8650 California Avenue, South Gate, CA 90280 Services Provided: On-Site Traffic Engineer, Staff Support,As-needed Traffic Engineering Project Description: Assistant City Traffic Engineer,South Gate, CA.As the Assistant City Traffic Engineer, Mr. Cordero performs traffic studies, contractor management,traffic signal turn on's, review traffic engineering projects, and assist in traffic signal systems management. W.G. Zimmerman Engineering, Inc. provides performs traffic studies, contractor management,traffic signal turn On's, review traffic engineering projects, and assist in traffic signal systems management. In addition, W.G. Zimmerman Engineering provides additional short-term staff members as requested by the City of South Gate.As directed,the City also requests special traffic and civil engineering assignments such as school studies, traffic impact analysis, studies and review, development of Traffic Impact Analysis guidelines,federal and state funding support, and roadway and sidewalk project design. Project Name: Interim City Engineer and Support Services Client: City of Norwalk Reference/Contact: Glen Kau, Director of Public Services Telephone: (562) 929-5511 Email address: gkau@norwalkca.gov Location: 12700 Norwalk Boulevard, Norwalk, CA 90650 Services Provided: Civil, Traffic, and Hydrology, and Funding Project Description: Served as Interim City Engineer from 2014 to 2019 and provided Support Engineering Services. As the Interim City Engineer, responsible for city-wide pavement rehabilitation projects including programming, consultant selection, management, and project close-out. Developed a Pavement Management Program grid system to address street paving needs for local streets within a community. In addition, assisted in developing a city-wide bonding program based upon future SB-1 W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 112 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services funds to expedite local street paving projects using the grid system. Managed CIP and Projects including storm drains, water systems, sewer systems, parks, infiltration systems, and successful in finding over$50 million in grants. Project Name: City Traffic Engineer and Support Services Client: City of Signal Hill Reference/Contact: Thomas Bekele, Director of Public Works Telephone: (562) 989-7355 Email address: tbekele@cityofsignalhill.org Location: 2175 Cherry Avenue, Signal Hill, CA 90755 Services Provided: City Traffic c Engineer and traffic and Civil Support Services Project Description: Serves as City Traffic Engineer and as-needed traffic engineering services which include: city-wide signing and striping plans,speed zone studies,traffic studies, plan and study review, development coordination, traffic signal plans, roadway alignment plans,traffic signal coordination and timing plans, Caltrans Coordination, city representative, Federal and State grant funding applications, and grant funding management. • Traffic Signal Timing and • City-wide speed survey (2004, 2009, 2016, Coordination 2021) • Discovery Park Parking Analysis • 23rd Street One-way to Two-way Street • City-wide Circulation Analysis Conversion • Orange Avenue Pavement Rehabilitation and Sidewalk Upgrade Project Name: Las Posos Widening Project Client: City of Camarillo Reference/Contact: Ken Matsuoka, Deputy Director of Public Works Telephone: (805) 383-4572 Email address: kmatsuoka@cityofcamarillo.org Location: 601 Carmen Drive, Camarillo, CA 91330 Services Provided: Civil, Traffic, and Hydrology Project Description: W.G. Zimmerman Engineering, Inc. developed concept alternative plans to widen Las Posas Road from two travel lanes to four travel lanes in each direction with sidewalks and class II bike lanes. The total length of the project is approximately one (1) mile long.The concept plan looked at different alternatives including full standards which require acquiring right-of-way, a modified version which removes the proposed center median, and a reduced lane width standard. Each standard required W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 Page 113 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services an assessment of the drainage features, an initial hydrology analysis, ingress/egress of adjacent facilities including an airport,fire station, and traffic signal modification.Additionally, WGZE was tasked to research possible funding opportunities to design and construct the project. Project Name: Spring Street Bicycle Gap Closure (ATP) Project Client: City of Signal Hill Reference/Contact: Thomas Bekele, Director of Public Services Telephone: (562) 989-7355 Email address: bekele@cityofsignalhill.org Location: 2175 Cherry Avenue, Signal Hill, CA 90755 Project Relevance: Services Provided: Traffic and Civil Engineering, PAED, PE, CON Funding Obligation and Management Project Description: The project installed Class 2 Bike Lanes along Spring Street from Atlantic Boulevard to Junipero Avenue. It required coordination with the jurisdictions of Long Beach and Caltrans.The project included the PAED and PE phases. It installed striped bike lanes, pedestrian sidewalk lighting, upgraded ADA ramps, installed countdown ped heads, installed filtra trees, and repaved Spring Street along the corridor. In addition,the project includes funding management, obligation, of the PAED, PE, and Construction Phases and coordination with CTC. WGZE was the lead for all aspects of the project. Project Name: Residential Streets Pavement Rehabilitation Project Area 7 Client: City of Downey Reference/Contact: Edwin Norris, Deputy Director of Public Services Telephone: (562) 904-7110 Email address: enorris@downeyca.gov Location: 11111 Brookshire Avenue, Downey, CA 90241-7016 Project Relevance: Roadway Rehabilitation Design, Curb and Gutter and Sidewalk Repair Services Provided: Civil and Traffic Design Services Project Description: The project paved 56,314 linear feet(1,893,859 SF) over 144 segments of residential streets.The pavement treatment consisted of slurry seal, cape seal, 2" grind and overlay and 4" reconstruction. W.G. Zimmerman Engineering conducted a field review of each segment and recommended various pavement treatment based upon actual field conditions. In addition, curb and gutter, sidewalk, driveways,ADA ramps, and cross gutters were analyzed for replacement. The project included new centerline striping, crosswalks, and signage updates. WGZE 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 114 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services Project Name: San Antonio Drive/Norwalk Blvd. Pavement Rehabilitation Project Client: City of Norwalk Reference/Contact: Randy Hillman, Associate Engineer Telephone: (562) 929-5719 Email address: rhillman@norwalkca.gov Location: 12700 Norwalk Boulevard, Norwalk, CA 90650 Project Relevance: Roadway Rehabilitation Design, Curb and Gutter and Sidewalk Repair Services Provided: Civil and Traffic Design Services Project Description: Field Review, Surveying, Geotechnical Investigations, Base Plan Development, Pavement Analysis, Stage Construction Plans,ADA Ramp Updates, Sidewalk and Curb and Gutter Repairs, Signing and Striping, and Caltrans Coordination for Encroachment Permit.The project reconstructed pavement between Rosecrans Avenue and Florence Avenue.The project included the 1-5 interchange, business district of San Antonio Drive, City Hall, and a residential community. 4.2 Project Staff Assigned The following Key Staff Members have participated in all of WGZE projects listed above: Bill Zimmerman, Christopher Cordero, and Antonio Magana. WGZE 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 1 15 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services 5 - LIST OF REFERENCES W.G. ZIMMERMAN ENGINEERING, INC. REFERENCES Agency Contact Telephone/ E-Mail Description of Services City of South Jose Loera, City (323) 563-9578 Assistant City Traffic Gate Traffic Engineer iiloera@sogate.org Engineer City of Norwalk Glen W.C. Kau, (562) 929-5719 Interim City Engineer City Engineer gkau@norwalkca.gov Services Edwin Norris, (562) 904-7109 City of Downey Interim Public On Call Civil &Traffic Works Director enorris@downevca.org Engineering Services City of Signal Thomas Bekele, (562) 989-7356 On-Call Civil &Traffic Hill Director of tbekele@citvofsignalhill.org Engineering Services Public Works Iris Lee, City of Seal (562) 431-2527 x 1321 On-Call Civil &Traffic Beach Director of ilee@sealbeachca.gov Engineering Services Public Works Mark Stowell, (562) 902-2385 City of La On Call Traffic Director of mstowell@cityoflamirada.org Mirada Public Works Engineering Page 1 16 W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services a* 6 - LIST OF SUBCONSULTANTS W.G. Zimmerman Engineering Team consists of three subconsultants; Dewberry, Coast Surveying, and LMN Civil Engineers. Each of our subconsultants Team Members' project responsibilities are further defined below and the Firm Profiles, Resumes and Qualifications are provided in this Section. Dewberry Engineers, Inc. (Long Beach, CA) • Sanitary Sewer Master Plan and Design • Storm Water Master Plan and Design • Water Systems Master Plan and Design • As-Needed Civil Engineering • Landscape Services • Environmental Services Coast Surveying, Inc. (Tustin, CA) • Topographical Surveys • Design Surveys • Record of Surveys • Right-of-Way Acquisition Surveys LMN Civil Engineering, Inc. (Redondo Beach, CA) • LID Plan Review • BMP Evaluation and Design • Drainage System Design .1 Dewberry.GP Dewberry Engineers Inc. (Dewberry) is an S-Corporation founded in 1956. Dewberry is a family-owned professional services firm with a proven history of providing engineering design and consulting services to a wide variety of public- and private-sector clients. Recognized for combining a supreme commitment to client service with deep subject matter expertise, Dewberry is dedicated to solving clients' most complex challenges and transforming their communities. With more than 60 locations and 2,500 professionals nationwide, Dewberry is built upon the principles of dependability, resourcefulness,technical innovation, and strong management. Dewberry staff are technical experts in their field with a thorough understanding of the local agency and public works project delivery process. Their in-house staff have worked on many Los Angeles area projects in a variety of roles and have the expertise to provide a wide range of project planning, implementation, road and structures design services, as well as grant writing and funding assistance, construction management, sustainability, environmental clearance, and public outreach services. As evidenced by the success of our current on-call contracts, Dewberry has provided exceptional service to cities, counties and agencies across California. For on-call services, Dewberry provides an W G Z E 7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 Page 117 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services agile team, able to respond to projects at various levels of development with specific scope, budget, and schedule requirements. They understand the special requirements of on-call contracts— expedited schedules,strong project management, excellent communication, and the ability to respond promptly to client needs and priorities. Long Beach Office: Dewberry Engineers, Inc. Michael J. Conaboy PE/Vice President 100 Oceangate, #400 City National Bank Building Long Beach, CA 90802 Phone: 562-512-2137 I Cell: 609-658-2405 Email: mconaboy@Dewberry.com Dewberry Engineers is a full-service firm with capabilities to support W.G. Zimmerman Engineering for water systems,sewer systems,storm drain Systems design, and structural design, landscape design, and environmental services.The California Offices have a total of 117 employees with 13 located in the Long Beach Office. DEWBERRY ENGINEERS PROJECTS Project Name: Storm Drain Zone 36/Zone 39 Improvements Client: City of Manteca Reference/Contact: Kevin Jorgensen II, PE, PLS, Deputy Director of Engineering Telephone: 209.456.8513 Email address: kjorgensen@ci.manteca.ca.us Location: 1001 W. Center Street, Manteca, CA, 95337 Project Relevance: Environmental Design & Planning Services Provided: Environmental Design & Planning Project Description: Dewberry was retained to design and provide environmental and permitting assistance for a $20 million conveyance system to receive stormwater flows from Zones 36 and 39. The system consists of a 66-inch diameter gravity drain, a 120 cfs storm drain pump station, 48-inch diameter force main to an outfall structure situated along a levee discharging to the San Joaquin River through twin 30- inch diameter pipelines. Extensive coordination and permitting was required because the drainage system conveys flows into the San Joaquin River.An Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Report Program Plan (MMRP) was prepared for the project and adopted by the City of Manteca in December 2021. Project Name: Hickman Road over Tuolumne River Bridge Replacement W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 Page 118 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services Client: Stanislaus County Reference/Contact: Chris Brady, Project Manager Telephone: 209.262.5887 Email address: bradyc@stancounty.com Location: 825 12th Street, Modesto, CA 95354 Project Relevance: Structural Engineering Services Provided: Structural Engineering, PS&E, PES, Permits Project Description: Dewberry's award-winning bridge replacement completed on a new 750-foot-long, 75-foot-tall,five- span concrete box girder bridge to replace the old "Structurally Deficient" and "Scour Critical" Hickman Road Bridge over Tuolumne River, originally constructed in 1964.The Hickman Road Bridge is a critical piece of infrastructure in the area and there was not a reasonable detour available for rerouting traffic(the shortest detour length was 10 miles). It was determined that the existing bridge was structurally sound and could remain in service until the new bridge was open. In addition to the bridge design, Dewberry developed the PS&E for approximately 1,000 feet of approach roadway. Dewberry prepared the Preliminary Environmental Study(PES)for this project and worked with the County to complete technical studies (ISA, WQ memo, NE S, BA, Wetland Delineation, Section 4(f), Visual Impact Assessment, HPSR/ASR).Technical constraints at the site included multiple elderberry bushes (host plant to the listed elderberry longhorn beetle) and migrating fish species. This area is also culturally sensitive. The environmental clearance under CEQA was an IS/MND and a CE with technical studies. Dewberry also provided the permits for this bridge replacement project. Project Relevance:Water System Design Services Provided: Pipeline engineering design, routing alternatives Project Description: Dewberry developed the programmatic elements for the standardization of as many as 15 pipeline segments that the City wished to implement over several years. Pipeline length and sizes consist of 2 miles of 24-inch, 2 miles of 60-inch, 3.5 miles of 36-inch and 1 mile of 36-inch.Services provided development of routing alternatives and selection of a preferred alignment,final design, design survey, utility potholing,geotechnical investigation,tunneling and development of construction drawings, furnishing legal descriptions for easement acquisition, and coordination with multiple jurisdictions. These projects included the design and permitting of tunneled crossings for both 1-70 and E-470. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 1 19 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services Project Name: Boulder Sewer Main Improvements Client: City of Boulder, CO Reference/Contact: Chris Olson, Wastewater Engineering Supervisor Telephone: (303) 441-3293 Email address: olsonc@bouldercolorado.gov Location: 1777 Broadway, Boulder, CO 80302 Project Relevance: Sewer System Design Services Provided: Sewer system design and rehabilitation Project Description: Dewberry designed rehabilitation of approximately 2.5 miles of an existing 30-to 60-inch diameter sewer interceptor that conveys the majority of the City's sanitary sewer flows to the City's existing 75th street WWTF. Dewberry provided a condition assessment of the existing interceptor pipeline, evaluated potential rehabilitation methods, analyzed the costs and benefits of full-diameter rehabilitation versus a reduced-diameter rehabilitation and selected an approach to address the existing interceptor pipeline. Existing interceptor assessment tasks also included assessment of the existing manhole structures and development of potential rehabilitation methods. In addition, Dewberry provided the overall project permitting coordination and management effort, as well as assisted with project stakeholder management. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 120 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services DEWBERRY ENGINEERS RESUMES Mike Pugh, PE,SE WATER SYSTEMS& FACILITIES DESIGN Mike has 40 years of project management,structural design,and / construction support services experience including construction, technical assistance, and structural inspection services. Mike's structural design experience includes the design of water tanks, water and wastewater treatment plant structures,well structures,stormwater • facilities,water reservoirs, bridges,and various sound wall and retaining wall structures. He has also provided structural assessments of water and wastewater structures including process structures, • EDUCATION reservoirs, and pump stations. Based on his assessments, he has MS• Structural provided structural designs to retrofit and rehabilitate these types of Engineering•California facilities. State University, Sacramento Fresno County. Little Dry Creek Bridge Replacement BS •Civil Engineering• Project manager for this HBP-funded project to replace 4 bridges on California State Millerton Road over Little Dry Creek. Each existing bridge is functionally University, Sacramento obsolete(FO).All four bridges are four span timber structures with steel pan and asphalt concrete decks. In order to remove the FO status, • YEARS OF EXPERIENCE each bridge needs to be widened; however,the Caltrans Local Dewberry • 10 Assistance Procedures Manual does not allow the widening of timber Total •40 structures for projects funded through the HBP.As a result, each bridge is being replaced. • REGISTRATIONS PE-Civil •CA #C43710 Tahoe Tank Inspection/Analysis, Tahoe City, CA. PE- Structural •CA # Lead Structural Engineer for the inspection of one 500,000 gallon S3967 redwood tank,four 200,000 to 500,000 gallon steel reservoirs,and two 500,000 gallon prestressed concrete tanks.Also provided seismic evaluation of the redwood tank,two prestressed concrete tanks,and one steel reservoir(500,000 gallon). Fairfield Tank Inspection, Reservoir Assessment and Preventative Maintenance, Fairfield. CA. Lead Structural Engineer for the inspection and seismic analysis of 11 water reservoirs.They included two 1.0-million gallon above-grade steel reservoirs,three 3.1-million gallon above-grade steel reservoirs, one 5.0-million gallon below-grade concrete reservoir,three 10.0-million gallon below-grade concrete reservoirs, one 12.0-million gallon below- grade concrete reservoir, and one 16.0-million gallon below-grade concrete reservoir. Zone 36 and 39 Stormwater Lift Station, City of Manteca, CA. Lead Structural Engineer for a 120-cfs stormwater lift station for the City of Manteca.The lift station consists of a 2,300 square foot by 40- foot-deep cast-in-place concrete wet well with two low flow pumps and two high flow pumps.The lift station is directly adjacent to the San Joaquin River,so the design of the structure addressed the high ground water conditions at the project site including buoyancy effects. W G Z E 7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 Page I21 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services Jeff Bray ENVIRONMENTAL DESIGN & PLANNING M Jeff has 30 years of experience which includes biological resource and / —` wetland projects for transportation, energy,and mining clients. Prior to lir joining Dewberry, he spent 26 years with an environmental firm where he gained experience leading and growing an environmental group.Jeff 'iv ._ * regularly manages multi-disciplinary projects and has extensive experience preparing biological studies for public agency clients on projects in support of CEQA and/or NEPA clearance. City of Rancho Cordova, Sunrise Avenue Widening, Rancho Cordova, • EDUCATION CA BS• Wildlife Biology Jeff is the environmental lead for this roadway widening project located Humboldt State in the City of Rancho Cordova and the County of Sacramento, University, Arcata• 1992 managing the environmental schedule and deliverables.The project • YEARS OF EXPERIENCE also includes bridge replacements over the Folsom South Canal and Dewberry• 2 Laguna Creek.Sensitive environmental resources are expected to include biological resources, cultural resources,and air quality. Total • 30 Sacramento County,South Watt Avenue Widening,Sacramento County, CA Jeff is the biological resources lead for this roadway widening project located in the County and City of Sacramento.The project also includes extending the existing bridge over Morrison Creek.Jeff is managing preparation of the aquatic resources delineation and the biological resources technical study. City of Los Altos, Fremont Avenue Pedestrian Bridge Rehabilitation, Los Altos, CA Jeff is the Biological Resources Lead for this pedestrian bridge rehabilitation project over Permanente Creek located in the City of Los Altos.Jeff is managing the preparation of the regulatory permit applications. City of Manteca, Storm Drain Zone 36/Zone 39 Improvement, Manteca, CA Jeff provided QA/QC review of the environmental document for this storm drain improvement project that will extend through the former wastewater treatment facility to an outfall into the San Joaquin River. Mendocino County, Usal Road Bridge Replacement, Mendocino County, CA Jeff is the Environmental Lead for this bridge replacement project located in the Sinkyone Wilderness State Park, managing the environmental schedule and deliverables.The existing eight-span, single-lane railroad car bridge is structurally deficient and will be replaced with a two-span,single-lane concrete slab bridge on cast-in- drilled-hole pile foundations.The existing bridge is in a highly sensitive area for biological and cultural resources and is located within a recreational area with limited site access. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 122 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services lr Miguel Ramirez, PE bi, ROADWAY REHABILITATION &GEOMETRIC DESIGN Miguel has 17 years of experience in the planning and design of • transportation projects specializing in roadway and interchange . " projects.As a Project Engineer, he specializes in the design of , transportation facilities including highway, local roads, interchanges, intersections, multi-use trails,transit facilities, rehabilitation projects, and drainage improvements. He possesses technical expertise in alternative development,geometrics, utility coordination, and preparation of preliminary and final design plans,specifications and • EDUCATION estimates (PS&E). Miguel possess experience in preparing project BS •Civil Engineering• study reports and project reports, DIB-78 checklists, Design Exception California State Fact Sheets,scopes and fees. He is experienced in coordinating with University, Sacramento utility companies,subconsultants and with various clients. • YEARS OF EXPERIENCE Dewberry• 10 City of Elk Grove, Grant Line Road Widening-Waterman Road to Bradshaw, Elk Grove, CA. Total • 17 Project engineer responsible for widening of Grant Line Road between Waterman Road and Bradshaw Road.This section of Grant Line Road • REGISTRATIONS is part of the Capital SouthEast Connector Project(Connector PE• CA#79733 Segment B2) and is designated as a thoroughfare by the City of Elk Grove and the Connector.Thoroughfare segments are planned to be a moderate-speed, partially divided, access-limited roadways with at- grade intersections. Leading the design efforts, including PS&E, utility coordination, project team coordination, and construction support services.This project re-aligned Waterman Road creating a safer inter-section with Grant Line Road, installed a new signal, and constructed master plan drainage improvements. Project design tasks performed included geometric design, profile design, grading, drainage design, sanitary sewer design, signage, and pavement delineation. Stanislaus County, North County Corridor PA&ED and PS&E Phase 1, Stanislaus County, CA Project engineer responsible for developing preliminary engineering alternatives and estimates.The project is approximately 20 miles of four-lane to six-lane expressways from the eastern limit near Tully Road, connection to SR 219/Kiernan Avenue at the west terminus. It bypasses the cities of Modesto, Riverbank and Oakdale; and will connect to SR 108/SR 120 at the eastern limit of the corridor. Duties included leading the preparation of Geometric Approval Drawings (GAD), identification and documentation of major utility conflicts, development of preliminary right of way. Includes Caltrans District 6 and 10 approval. Project construction costs range up to $700 million. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 123 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services Coast Surveying, a California corporation, has provided land and engineering surveying services throughout Southern California for the COAST past 38 years offering a broad range of surveying services that includes Construction Management Support, Construction Layout, Design SURVEYING, Surveys,Aerial Mapping, Property Related Surveys and Structural INC. Monitoring Surveys. Current and recent clients include the City of Los Angeles, LA Metro, SCRRA, Caltrans, US Navy, OCTA, LAWA,the counties of Orange and Los Angeles, and numerous municipalities. Coast Surveying is a Certified DBE/SBE firm and operates from a single location in Tustin, California. Coast currently employs 30 people, of who 5 are professional licensed surveyors. Tustin Office: Coast Surveying, Inc. Ruel del Castillo, PLS/President 15031 Parkway Loop, Suite 100 Tustin, CA 92780 Phone: 714-918-6266 I Cell: 949-929-5762 Email: ruel.delcastillo@coastsurveying.com COAST SURVEYING PROJECTS Project Name: Old Ranch Parkway Title Review and Plot Client: City of Seal Beach Reference/Contact: Iris Lee, Deputy Public Works Director/City Engineer Telephone: (562) 431-2527 ext. 1322 Email address: ilee@seachbeachca.gov Location: City of Seal Beach, Old Ranch Parkway Project Relevance: Surveying services for the City of Seal Beach Services Provided: Title Report Review and Plotting Project Description: Coast Surveying Services undertook a comprehensive project along Old Ranch Parkway in Seal Beach,focusing on title report reviews for right-of-way and mapping of all existing rights and easements.The project involved a thorough analysis and visualization of legal and physical boundaries pertinent to the area. The team reviewed official title reports to confirm ownership and identify any encumbrances that could impact the right-of-way. In parallel, advanced mapping techniques were employed to delineate and document all rights and easements associated with the land.This approach provided informed decision-making for future developments and ensured legal clarity for property management, engineering, and planning purposes. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 124 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services KURT HOEN, PLS Survey Manager Mr. Hoehn has over 40 years' experience in the field of surveying as a project surveyor, survey manager and party chief. He worked Years with Firm: 2 in the Middle East for over 2 l years working on military sites and Years with Other Firms:30+ oil and gas pipeline projects. He has considerable experience in the Education/Training: Southern California area doing land development and public works B.S.Surveying& projects. He also extensive experience doing right of way and Photogrammetry- mapping experience for many public transportation projects. Mr. California State University, Hoehn has over 37 years of diverse, worldwide surveying Fresno, CA experience in both the field and office performing many types of Licenses/Certifications: surveying including vertical and horizontal control, photo control, Registered Land Surveyor: GPS surveys,topographic surveys, design surveys, boundary California - #4874 surveys, right of way surveys, monitoring surveys and construction Washington #30936 layout. Project Experience Coast Washington Boulevard Pedestrian Transit Access Improvements,Phase II, Los Angeles - Coast Surveying performed a topographic Surveying survey to support the Washington Boulevard Pedestrian Transit Access Improvements Phase II project. The survey control was tied to the current Los Angeles County adjustment of the California State Plane, NAD83 horizontal coordinate system, and tied vertically to the City of Los Angeles System of Benchmarks. Among the items included in the survey were curbs, gutters, curb ramps, and sidewalks; trees and tree wells, street furniture; above ground evidence of utilities; location of catch basins and manholes; light poles, power poles; and traffic signals and signage. Green Line Extension to Torrance(GLET),Torrance-Coast Surveying performed a detailed design and boundary survey for the extension of the existing Green Line to Torrance, approximately 4.5 miles. The survey encompassed existing roadway and side streets along with live existing railroad right of way. 1-605 Freeway, Los Angeles County-As part of a lane reconfiguration and update,the 1-605 was mapped and the existing right of way was laid out from the 1-5 Freeway to the 1-10 Freeway. Existing right of way maps along with multiple deed references were used to determine the freeway limits. Also, coordination with surveyors and other companies was required for the collection of existing topographic features and boundary points.Also, boundary configuration and record mapping for the realignment of the southbound off/on ramps at the I-605/Beverly Boulevard intersection was determined. Pipeline Safety Enhancement Plan (PSEP),Southern California Area- Pipeline Safety Enhancement Plan (PSEP) Survey, Mapping, Right of Way, GIS Services, Utility(research, mapping, designation and potholing), various locations southern California PSEP (Pipeline Safety Enhancement Plan) consists of replacing or hydrotesting over 200 miles of high-pressure gas pipeline and replacing and/or upgrading approximating 400 mainline gas valves. Responsible for survey, right of way mapping and construction survey activity of specific transmission and distribution lines in the Southern California Region for Phase 1A of the Sempra PSEP. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 1 25 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services LMN Civil Engineering, Inc. has been providing civil engineering services [mncivil in the Southern California region since 2011. Our expertise is in the areas NGINt I KING of drainage and grading design, FEMA compliance, and NPDES compliance. We have a proven track record of creative solutions to complex engineering and customer service challenges. We verify applicable codes and requirements for every project first to streamline and shorten approval times. Typical deliverables include drainage and grading plans, Water Quality Management Plans (WQMPs), Stormwater Pollution Prevention Plans (SWPPPs), Low Impact Development(LID) Reports, Hydrology & Hydraulic Calculations. We also provide both as-needed and regularly occurring inspections for construction best management practices (BMPs) and post construction BMPs. Finally, LMN Civil provides support to inspection staff for interpretations of plans and field support. Lisa Naslund is the firm principal and has over 25 years of experience in civil engineering and has specialized for over 15 years in all aspects of drainage and grading, NPDES, and FEMA compliance. Her experience consists of review, inspection, and production of all the items listed above. Lisa was Section head of Drainage and Grading Section for LA County Building&Safety for 4 years and reviewed SWPPPs, LID reports and WQMPs, and drainage and grading plans for 13 years.She helped guide NPDES policy for LA County and provided training to LA County plan review and inspection staff as well as the International Code Council Building Officials Conference (2019), and City of Glendale. She Is currently the chair of the Stormwater Inspection Subcommittee of ICC-LA Basin Chapter. Redondo Beach Office: LMN Civil Engineering, Inc. Lisa Naslund, PE/President 653 Avenue C Redondo Beach, CA 90277 Phone: 310-634-8322 Email: Innasland@lmncivil.com LMN CIVIL ENINGEERING, INC. PROJECTS 1010 W. 223rd St - Tract Development - 4 structure 21 unit townhouse development- 2021-2024 Development of a 1.23 acre residential site that included 4 buildings with 21 townhouses, a fire lane with curb, gutter, and paving, site landscaping, public&private utilities, and public improvements. Successfully provided approved project plans ready for construction. Designed the following; grading and drainage plan, LID design and report, SWPPP report and inspection, public water and sewer plans, electrical service plan and coordination. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 126 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services ') 827 South Santa Fe Avenue,Vista CA- 2022-2023 Commercial development of a 1.13 acre site for the development of a McDonal's fast-food restaurant. Successfully provided Stormwater Pollution Prevention Plan Report approved by the City of Vista and utilized by the contractor to properly implement on site Best Management Practices necessary during construction. Inspected construction BMPs and provided inspections reports.Communicated with City, Waterboard, and contractor to quickly remedy failures or implement repairs. Relevant Plan Review Experience 921 Riverside - Pickwick Development, Burbank - 21 building 92 residential units - 2023-ongoing Development of a 5-acre site consisting of 21 structures and 91 residential units in a FEMA flood hazard area. Reviewed drainage and grading plan, LID plan and report, FMEA flood zone requirements, storm drain plan.Successfully coordinated with LA County City of Burbank FEMA coordinator and building plan review staff to ensure consistency throughout all plan reviews and approvals and complete compliance with FEMA requirements. Rancho Los Amigos Rehabilitation Center Site Renovation -Review Coordinator -2011-2016 - LA County Building&Safety Renovation of the historic rehabilitation center by providing a new fire access way, multiple buildings, renovation and extension to the hospital, including a pool and state of the art rehabilitation center and provide an inviting grounds and plaza with storm water quality improvements throughout the site. Acted as coordinator of the multiple disciplines to review and approve multiple phases simultaneously while assuring consistency with approved master plan. Coordinated additional City of Downey approvals of the project's impacts to public right-of-way.Advised Building&Safety management and Project Management Division concerning permit phasing ensure maintenance of project schedule and timeliness and oversaw permit phasing. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 Page 127 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services LMN CIVIL ENGINEERING, INC RESUME Lisa Naslund, PE Civil Engineer Registered civil engineer successful at completing high quality work product on time.Areas of expertise; building code related to drainage and grading, FEMA and NPDES compliance. Proven track record of creative solutions to complex engineering, inspection, and customer service challenges. Experience Education and Certificates 2011-Current 1994-1999 Civil Engineer- Self Employed Bachelor's of Science - Civil Design drainage &grading plans for commercial, residential, and Engineering industrial sites. Create LID reports and perform all related California State University - calculations. Perform hydrology calculations to be utilized in Long Beach design. Create construction SWPPPs for fast-food restaurants and 2005-Current residential tracts. Create industrial SWPPPs for industrial sites, Registered Civil Engineer oversee, installations of BMPs, perform rain event inspections, C67989 perform ongoing inspections. 2012-Current 2016-2020 Qualified SWPPP Drainage&Grading Section Head-LA County Developer/Practitioner- Manage Regional Drainage &Grading Plan check engineers in all 23613 County and City offices. Supports staff review of civil plans for drainage &grading code, FEMA, and NPDES compliance and ensures timelines are met. Supports inspection staff in the field and interpreting plans. Advise management on code changes, policy concerning section. Provide data and response for NPDES Annual report. 2006-2016 Drainage and Grading Plan Check Engineer-LA County Drainage &Grading plan review for compliance with LA County code, FEMA, and NPDES requirements for Capital Projects and private projects within the Unincorporated County and contract cities. Support offices managers, inspection and plan check staff on issues related to drainage &grading. 2005-2007 Associate Civil Engineer-LA County Road Maintenance Supervise staff managing multiple Storm 2005 emergency projects in investigation, design, environmental permitting, construction, & FEMA reporting. Liaison with various divisions for permitting. Design & implement GIS data collection program for storm drain infrastructure. W G Z E 7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 Page 128 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services 7 - STATEMENT OF UNDERSTANDING OF NEEDS General Civil and Structural Engineering Design Our approach to Civil Engineering projects begins with a kick-off meeting with the City to fully understand the City's project expectations. This includes the desired outcome, constructability, little to no construction change orders and meeting project schedules and understanding funding requirements. At this meeting, we also define the design criteria and approving agency such as the City and various departments within City, LA and Orange Flood Control Districts, adjacent jurisdiction approval, and Caltrans. During this meeting we will request As-built information, utility contacts, reports and data to assist with the assessment of the project existing conditions, and any other information to ensure we have conducted our due diligence to reduce construction challenges to the project. From the as-built information we can provide a graphic overlay of the proposed project on top of the drawing.Then we conduct a field review with the City to assess the existing conditions and possible problem areas that need to be mitigated during the project design. Topographic survey is an integral part of the project design, it allows us to understand the property line, and utility appurtenances, and grades used to join exiting, develop drainage plans, design access to properties, and ensure ADA requirements are met. Utility Notices - We use a three-step process of utility notifications. We submit a preliminary notice at the project concept level, then at the 60% plan level,then a Final at the 100% Plan level. We also send follow-up emails to confirm that the utility companies have received our notices. Project Plan development-at the 60% plan level, we conduct a "Plan-in-Hand"field review with the City to ensure constructability and develop any mitigation measures to be incorporated into the design.This approach provides us design impacts to the existing condition and validates the project design. In addition to our field review, we also provide redline comments for the City to consider in their review.This approach helps expedite the City's review process. Our 90% and 100% Plans Specifications and Estimates undergo a special quality control check to make sure the project is constructable, and all City comments have been addressed. Traffic and Transportation Engineering Our traffic and transportation engineering experience is very extensive. We have and currently provide traffic engineering support to the City of Seal Beach, as well as serving as City Traffic Engineers to the cities of Signal Hill and La Mirada. This experience includes conducting traffic studies for roadway operations, development projects, special needs studies, pedestrian safety and school crossing studies, and parking studies. We provide full-service design of traffic and transportation engineering projects to local agencies including new and modifications to traffic signal, street lighting, signing and striping, Intelligent Transportation Systems (communications, signal networking,traffic monitoring systems),signal synchronizations, and inventory. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 129 T: 714-799-1700 I F: 714-333-4712 i www.wgze.com • Proposal: On-Call Professional Services Our traffic engineering staff support includes working with businesses and residents to solve and analysis traffic safety issues, conduct public forums, meet with staff and residents, and develop real applicable solutions. For every traffic study, we prepare a scope of work for the City to ensure that our study meets the expectations of the city.This includes project limited of the analysis, intersections to be studied, types of data to be collected (such as pedestrians, vehicles,trucks, bikes volumes), and location of traffic generators such as schools, businesses, and other factors to be accessed. For traffic impact analysis for development project, cumulative data will be collected for other proposed projects. Other design projects such as traffic signals and traffic calming measures will follow the CA MUTCD and other applicable guidelines. Our design plans for traffic signals or any construction such as traffic circles or other traffic mitigation measures will include a detailed topographic survey, utility research,and coordination with affected property owners. Signing and striping plans can use an aerial base to reduce costs, but dimensions should be field verified in critical areas. As part of our Public Outreach,we listen to concerns to fully understand the issues about traffic. Sometimes the real concern is not easily understood when the community tries to convey their traffic concerns. This way we can take in the information, determine if studies are needed and develop mitigation measures. Project Management/Staff Augmentation Capital Improvement Proiects Since we have served as Interim City Engineers and Staff Support services, we have managed various Capital Improvement Programs (CIP). Our approach starts with a review of the existing CIP to determine the status of each project. We will check funded and unfunded projects, projects that have not started, project currently underway, and recently completed projects. W.G. Zimmerman Engineering has a dedicated Project Management Programs that we implement to keep projects on schedule and completed to the City's desired results. Funded and Unfunded Projects - Since we work with various City, County, State, and federal funding programs, we will investigate funding opportunities to fund projects. This has been very successful with our other agencies. Our funding programs include roadways,traffic signals, landscaped medians, parks, and water quality. Projects in the queue (not started) - We will investigate first the funding source to determine the needs to start the project. In some cases, we will need to initiate the funding obligation. Secondly, review the scope of work with the City to determine the desired project results and the elements required to bring the project to t successful conclusion. Next, we consider timelines for RFP development and award, right-of-way impacts, environmental documentation requirements, and construction activities. We will either update or create a project Schule with milestones and deliverables using Microsoft Projects software. Then we follow the process through to City Council W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 Page 130 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services Action. The success of the project is having a well-defined scope of work with the desired results explained in the project criteria. On-Going Proiects - There are three elements to consider for the management of these projects: Scope of work, Schedule, and Budget.The first element is determining the schedule to ensure the project is on track.There are many issues related to the design and construction activities.The Design Consultant would be asked for a current project schedule and progress report on design activities. From this information we will analyze the progress and look for opportunities to keep the project on track. Some items that delay the design is not receiving input on the design, potential change order, or could be the consultant at risk. Construction schedules may have delays because of materials, change orders, utility conflicts, or weather. We will work with the Construction Manager/Inspector to get a full understanding of the delays and consider a remedy to move the project forward to bring it back on schedule. Recently Completed Projects - Depending on the type of funding there is a process to close-out a project. For State and Federal projects, each type of project has a specific process and requirements. Consider Highway Safety Improvement Program (HSIP) as an example,the Locals Assistance Procedures Manual requires forms and accounting documents in Chapter 17 project close-out requirements and Chapter 20 for auditing and remedies. Understanding these procedures ensures the project can be efficiently audited. Each project close-out must be presented to City Council for Final Payment and acceptance. Staff Augmentation W.G. Zimmerman Engineering does provide staff augmentation to agencies. Currently we have a staff member working in the City of South Gate full-time.Additionally, we have a staff member in the City of Carson working part-time morning providing engineering review of project plans. Our approach to Staff Augmentation is to ensure we have an impact on the City by quickly assessing the needs of the City and determining a solution. We are there based upon the City need for a specific task, we like to see project moving forward. We look good when the City Staff look good. What sets W.G. Zimmerman Engineering apart from other firms is our driven approach to have a positive impact on the City. Our can-do attitude assures the City that we are here to support City Staff and not just to provide a body. This attitude has been very successful for our short-term and long-term staff augmentation services.These services include, Interim Public Works Directors, Interim City Engineer, Senior Civil engineer, Design engineer, Interim Inspectors, and other support services. Grant Writing Services We have a comprehensive approach to grant writing.We assess the City needs an/or develop projects based upon the funding source and City needs. Our team takes a turnkey approach. We not only prepare the application, but also the support materials such as concept plans, costs estimate and field review necessary to complete the applications. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 131 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Proposal: On-Call Professional Services ) We have provided over$75 Million toe he City of Norwalk, $20 million for the City of Signal Hill, $6 Million to the City of Rancho Mirage, $15 Million to for the City of Seal Beach, $12 Million for the City of Downey, and $3 Million for the City of Laguna Hills. Grant Reimbursement Services W.G. Zimmerman Engineering has worked in different types of funding including OCTA's Measure M funding Programs, and Federal Programs; HSIP,ATP, HBP, DEMO, CDS, State Recreation and Green Streets, and other Programs. In addition, we are the reimbursement Engineers for Orange County Transportation Authority and Western Riverside Council of Governments Funding programs. This experience provides us insight into the other programs regarding obligation, reimbursements, and project close-outs. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach, CA 92647 Page 132 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com rtgc }. tr. qf. r YS... W.G. Zimmerman Engineering, Inc WG Z E 7812 Edinger Avenue,Suite 302 Huntington Beach, CA 92647 714-799-1700 1714-333-4712 f U V 1.!.- - .. . mr ' — IFF IP . I r , . : , .,',. .., , ,, } r r ri Oil T a y Y o : ' 11:1; 1 a1 r , f. RIME . ■ 1 tr. . . II/! / ,l f '` rit,,,,thr_. IP , 14- ii 1 i . • t r4. r . t r- . • . * . April 24, 2024 Kathryne Cho Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 Subject: RFP On-Call Professional Services - Professional Engineering/Design/Management Services Dear Ms. Cho: W.G. Zimmerman Engineering, Inc. is very excited about the opportunity to work with the City of Seal Beach. Attached to this Fee Proposal Letter is our Standard Hour Fee Schedule and Dewberry's hourly fee schedule to provide services for On-Call Professional Engineering Services. Please address all correspondence concerning this Fee Proposal and items requiring contractual authority to my attention at the following address: Bill Zimmerman, PE,TE, PTOE President/ CEO W.G. Zimmerman Engineering, Inc. 7812 Edinger Avenue, Suite 302 Huntington Beach, CA 92647 657-845-9500 1714-333-4712 fax E-mail: wgzimmerman@wgze.com Website: www.wgze.com This Fee Proposal shall be valid for 180 days from the date of submission. If you have any questions, please do not hesitate to contact me at 657-845-9500 or 714-412-1597 (cell). Respectfully Submitted, W.G. Zimmerman Engineering, Inc., /6 Bill Zimmerman, ,TE, PTOE President W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 T:714-799-1700 I F:714-333-4712 I www.wgze.com W. G. ZIMMERMAN ENGINEERING, INC. Billing Rate Schedule Seal Beach Classification Rate Principal $ 225.00/Hr Registered Traffic Engineer $ 220.00/Hr Senior Project Manager(Registered) $ 215.00/Hr Project Manager(Registered) $ 190.00/Hr Senior Project Engineer(Registered) $ 185.00/Hr Project Engineer $ 170.00/Hr Senior Associate Engineer $ 150.00/Hr Senior Design Engineer $ 145.00/Hr Design Engineer $ 140.00/Hr CADD Manager/Senior Designer $ 135.00/Hr Microstation CADD/Technician $ 135.00/Hr Administration/Office Support $ 90.00/Hr Non-Labor Expenses Mileage(local) Federal Rate$ per Mile Printing Cost plus 5% Reproduction (Blue lines) Cost plus 5% Other Expenses(such as sub-consultants, outside services or special equipment needs) Cost plus 5% *The above rates will be held for the duration of the contract. W G Z E 7812 Edinger Avenue,Suite 302, Huntington Beach,CA 92647 T: 714-799-1700 I F: 714-333-4712 I www.wgze.com Dewberry DEWBERRY HOURLY RATES PROFESSIONAL Architect I,H fl $120.20 $136.59 $158.45 Architect IV.V,VI $180.30 I $202.15 S224.01 Architect VII,VIII,IX $251.33 $273.18 $305.96 Interior Designer I.II.III.IV $120.20 $142.05 S158.45 $196.69 Engineer 1,11,111 $136.59 $163.91 $185.76 Engineer IV,V,VI $202.15 $234.94 Engineer VII,VIII,IX $300.501 $333.28 $366.061 GeographerlGlS 1,11,111 $114.74 $125.66 S152.98 1 Geographer/GIS IV,V,VI $174.84 $196.69 $224.01 GeographerlGlS VII.VIII.IX $256.79 i S300.50� S349.67 Professional I,II, ,II $125.66 $152.98 $180.30 •Professional IV.V.VI 5202.15 $229.47 i $251 33! Professional VII,VIII IX $284.11 $311.43 $349.67 Designer I,II,III S131.13 $163.91 $191.23 Designer N,V,VI $218.55 $240.40 $262.25 CADD Technician III.III,IV,V S98.35, 3120.20 i S 142.05 S169.37 S213.08 Surveyor I,II,M 1 $81.95 I $98.35 $120.20 I Surveyor IV,V.VI S136.59. S152.98 $174.84 Surveyor VA,VIII,IX $191.23 $229.47 $284.11 Technical!,II,III S103.81- S125.66 $158.45, Technical IV,V,VI $169.37 $185.76 $218.55 EMERGENCY MANAGEMENT Emergency Management I,II,III S103.81 $131.13 S169.37 Emergency Management IV,V,VI $202.15 $262.25 $338.75 CONSTRUCTION rsr I,III S224.01 Conslruchon Professional IV,V 1 $256.79 $289.57 - '3I $16937' Inspector IV,V,VI,VII $191.23 $218.55 $245.86 $289.57 SURVEY FIELD CREWS Fully Equipt 1,2,3 Person Crews $174.84 $213.08 $213.08 $278.65 With Laser Scanner 1,2 Person $234.94 $273.18 ADMINISTRATION Admin Professional I,II,III,IV.V S92.88 S114.74 $136.59 $174.84 $202 �� Dewberry LMN Civil Engineering, Inc. City of Seal Beach Civil Engineering Consulting Services Billing Rate Schedule PE Design Services or Review Rate (Hourly) Principal $190.00 Project Engineer $160.00 Design Engineer $140.00 CAD Draftsman $120.00 Administration Office Support $90.00 Site Visits 4 hour minimum. Stormwater Quality Inspections Rate QSD $180 QSP $160 Trained Personnel $90 Site Visits 4 hour minimum. Non-Labor Expenses Mileage(local) Federal Rate per mile Printing Cost plus 5% Reproduction(Blue Lines) Cost plus 5% Other Expenses(such as sub-consultants, outside services,or special equipment needs) Cost plus 5% LMN Civil Engineering, Inc. 653 Avenue C, Redondo Beach CA 90277 "'Inaslund@Imncivil.com'310-634-8322 COAST SURVEYING, INC. 15031 PARKWAY LOOP,SUITE B, TUSTIN,CA 92780-6527 • (714) 918-6266• FAX (714)918-6277 Schedule of Hourly Rates for Survey Services from: January 1, 2024 to December 31, 2024. SCHEDULE OF HOURLY RATES Principal-in-Charge, PLS $278.00 Survey Manager, PLS $221.00 Project Surveyor, PLS $192.00 Field Coordinator $175.00 Survey Technician $147.00 2 Person Survey Party w/Equipment $330.00 These hourly rates are effective through December 31, 2024. The hourly rates thereafter are subject to an annual escalation of 3.00% on January 1st of each following year. Coast is signatory with Local 12, Operating Engineers, and will follow the Union rules concerning the payment of Regular Rates, Overtime Rates, and Double Time Rates. Overtime rates are payable at 1.25 times the regular rate in effect at that time. Double time rates are payable at 1.50 times the regular rate in effect at that time. Costs for monuments, prints, research materials, and other incidental or special supplies will be billed at cost. 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. ACTION BY INCORPORATOR OF W.G. ZIMMERMAN ENGINEERING, INC. The undersigned, being the sole Incorporator named in the Articles of Incorporation of W.G. Zimmerman Engineering, Inc. , does hereby adopt the following resolutions: 1 . Adoption of Bylaws. The Bylaws bearing the heading "BYLAWS OF W.G. ZIMMERMAN ENGINEERING, INC." be and the same hereby are adopted as and for the Bylaws of this corporation. A copy of such Bylaws are to be inserted in the Book of Minutes of the Corporation. 2. Election of Directors. The following person be and he hereby is elected Director of this corporation, to serve until the first annual meeting of the shareholders of the corporation and until his successor is elected and qualified or until his earlier resignation or removal, or his office is declared vacant in the manner provided in the Bylaws of the corporation: WILLIAM G. ZIMMERMAN 3 . election of Officers. The following person be,and he hereby is elected as, officer of this corporation, to hold the office or offices set forth opposite his respective name until the first meeting of the Board of Directors following the next annual meeting of shareholders of this corporation and until his respective successors are elected and qualified, or until his earlier resignation or removal, and such officer shall serve at the pleasure of the Board of Directors of this corporation: NAME OFFICE William G. Zimmerman President, Secretary, and Chief Financial Officer Dated: May 20, 1999 61-Advvi. Sole Incor ora or William G. erman AC CPR Iff (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D 24 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 CONTACTNAPAE: Lisa Shimizu-Fookes AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 (A/C.No.am:714-427-3482 (A/C.No): Lafayette CA 94549 ADDRESS: CertsDesignPro@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:Argonaut Insurance Company 19801 INSURED WGZIMME-01 INSURER B:Travelers Property Casualty Company of America 25674 W G Zimmerman Engineering, Inc.7812 Edinger Avenue,Suite 302 INSURER c:The Travelers Indemnity Company of Connecticut 25682 Huntington Beach CA 92647 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:229233881 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMBS LTR INSD INVD POLICY NUMBER (MM/DD/YYYY1 IMMIDD/YYYYI C X COMMERCIAL GENERAL LIABILITY Y Y 6807H190372 10/15/2023 10/15/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 Included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BA2S651029 10/15/2023 10/15/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED , BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS __ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY • AUTOS ONLY (Per accident) S B X UMBRELLALIAB X OCCUR Y Y CUP7372Y622 10/15/2023 10/15/2024 EACH OCCURRENCE $4,000,000 EXCESS(JAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$n 9 B WORKERS COMPENSATION Y UB0K588642 3/1/2024 3/1/2025 XOTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below t E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability 121AE000113906 ' 6/26/2024 6/26/2025 Per Claim $2,000,000 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Umbrella Policy is follow form to its underlying Policies: General Liability/Auto Liability/Employers Liability. All operations of the named insured CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 Eighth Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE agIi•110171W"'"N tr_ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy# 6807H190372 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract >7, Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The"bodily injury' or"property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed: those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them.At our request, agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured. The due date proof of notice. for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy#6807H190372 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS— INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III — LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION — PROFESSIONAL LIABILITY services" to any one person will be deemed to be one"occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION — knowledge pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowle or consent of the insured. 5. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related furnishing of food or beverages; or agreement to waive that insured's right of recovery against any person or organization, we b. The fumishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy# BA2S651029 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I —COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos" you own. This includes those private Passenger passenger"autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any"trailers"you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any"trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12 COMMERCIAL AUTO 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of"mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only B. Owned Autos You Acquire After The Policy SECTION II — COVERED AUTOS LIABILITY COV- Begins ERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the Decla- We will pay all sums an "insured" legally must pay rations, then you have coverage for "autos" as damages because of "bodily injury" or "prop- that you acquire of the type described for the erty damage" to which this insurance applies, remainder of the policy period. caused by an "accident" and resulting from the 2. But, if Symbol 7 is entered next to a coverage ownership, maintenance or use of a covered in Item Two of the Declarations, an "auto" you "auto". acquire will be a covered "auto" for that coy- We will also pay all sums an "insured" legally erage only if: must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an a. We already cover all "autos" that you own "accident" and resulting from the ownership, for that coverage or it replaces an "auto" maintenance or use of covered "autos". However, you previously owned that had that coy- we will only pay for the "covered pollution cost or erage; and expense" if there is either "bodily injury" or "prop- b. You tell us within 30 days after you ac- erty damage" to which this insurance applies that quire it that you want us to cover it for that is caused by the same "accident". coverage. We have the right and duty to defend any "in- C. Certain Trailers, Mobile Equipment And Tern- sured" against a "suit" asking for such damages porary Substitute Autos or a "covered pollution cost or expense". How- ever, we have no duty to defend any "insured" If Covered Autos Liability Coverage is provided by against a "suit" seeking damages for "bodily in- this Coverage Form, the following types of vehi- jury" or"property damage" or a "covered pollution cies are also covered "autos" for Covered Autos cost or expense" to which this insurance does not Liability Coverage: apply. We may investigate and settle any claim or 1. "Trailers" with a load capacity of 2,000 "suit" as we consider appropriate. Our duty to de- pounds or less designed primarily for travel fend or settle ends when the Covered Autos Li- on public roads. ability Coverage Limit of Insurance has been ex- 2. "Mobile equipment" while being carried or hausted by payment of judgments or settlements. towed by a covered "auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with The following are "insureds": the permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is b. Anyone else while using with your per- out of service because of its: mission a covered "auto" you own, hire or a. Breakdown; borrow except: b. Repair; (1) The owner or anyone else from whom you hire or borrow a covered c. Servicing; "auto". d. "Loss"; or This exception does not apply if the e. Destruction. covered "auto" is a "trailer" connected to a covered "auto"you own. Page 2 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO (2) Your"employee" if the covered "auto" pay interest ends when we have paid, is owned by that "employee" or a offered to pay or deposited in court member of his or her household. the part of the judgment that is within (3) Someone using a covered "auto" our Limit of Insurance. while he or she is working in a busi- These payments will not reduce the Limit ness of selling, servicing, repairing, of Insurance. parking or storing "autos" unless that b. Out-of-state Coverage Extensions business is yours. While a covered "auto" is away from the (4) Anyone other than your "employees", state where it is licensed, we will: partners (if you are a partnership), members (if you are a limited liability (1) Increase the Limit of Insurance for company) or a lessee or borrower or Covered Autos Liability Coverage to any of their "employees", while mov- meet the limits specified by a com- ing property to or from a covered pulsory or financial responsibility law "auto". of the jurisdiction where the covered "auto" is being used. This extension (5) A partner (if you are a partnership) or does not apply to the limit or limits a member (if you are a limited liability specified by any law governing motor company)for a covered "auto" owned carriers of passengers or property. by him or her or a member of his or her household. (2) Provide the minimum amounts and Anyone liable for the conduct of an "in- types of other coverages, such as no- c. An y fault, required of out-of-state vehicles sured" described above but only to the by the jurisdiction where the covered extent of that liability. "auto" is being used. 2. Coverage Extensions We will not pay anyone more than once a. Supplementary Payments for the same elements of loss because of We will pay for the "insured": these extensions. (1) All expenses we incur. B. Exclusions (2) Up to $2,000 for cost of bail bonds This insurance does not apply to any of the fol- (including bonds for related traffic law lowing: violations) required because of an 1. Expected Or Intended Injury "accident" we cover. We do not have "Bodily injury" or "property damage" expected to furnish these bonds. or intended from the standpoint of the "in- (3) The cost of bonds to release attach- sured". ments in any "suit" against the "in- 2. Contractual sured" we defend, but only for bond amounts within our Limit of Insur- Liability assumed under any contract or ance. agreement. (4) All reasonable expenses incurred by But this exclusion does not apply to liability the "insured" at our request, including for damages: actual loss of earnings up to $250 a a. Assumed in a contract or agreement that day because of time off from work. is an "insured contract", provided the (5) All court costs taxed against the "in- "bodily injury" or "property damage" oc- sured" in any "suit" against the "in- curs subsequent to the execution of the sured" we defend. However, these contract or agreement; or payments do not include at- b. That the "insured" would have in the ab- torneys' fees or attorneys' expenses sence of the contract or agreement. taxed against the "insured". 3. Workers' Compensation (6) All interest on the full amount of any Any obligation for which the "insured" or the judgment that accrues after entry of "insured's" insurer may be held liable under the judgment in any "suit" against the any workers' compensation, disability benefits "insured" we defend, but our duty to CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12 COMMERCIAL AUTO or unemployment compensation law or any 7. Handling Of Property similar law. "Bodily injury" or "property damage" resulting 4. Employee Indemnification And Employer's from the handling of property: Liability a. Before it is moved from the place where it "Bodily injury" to: is accepted by the "insured" for move- a. An "employee" of the "insured" arising out ment into or onto the covered "auto"; or of and in the course of: b. After it is moved from the covered "auto" (1) Employment by the "insured"; or to the place where it is finally delivered by the "insured". (2) Performing the duties related to the 8. Movement Of Property By Mechanical De- conduct of the "insured's" business; vice or "Bodily injury" or "property damage" resulting b. The spouse, child, parent, brother or sis- from the movement of property by a me- ter of that "employee" as a consequence chanical device (other than a hand truck) of Paragraph a. above. unless the device is attached to the covered This exclusion applies: "auto". (1) Whether the "insured" may be liable 9. Operations as an employer or in any other ca- "Bodily injury" or "property damage" arising pacity; and out of the operation of: (2) To any obligation to share damages a. Any equipment listed in Paragraphs 6.b. with or repay someone else who and 6.c. of the definition of "mobile must pay damages because of the in- equipment"; or jury. b. Machinery or equipment that is on, at- But this exclusion does not apply to "bodily in- tached to or part of a land vehicle that jury" to domestic "employees" not entitled to would qualify under the definition of "mo- workers' compensation benefits or to liability bile equipment" if it were not subject to a assumed by the "insured" under an "insured compulsory or financial responsibility law contract". For the purposes of the Coverage or other motor vehicle insurance law Form, a domestic "employee" is a person en where it is licensed or principally garaged. gaged in household or domestic work per- 10. Completed Operations formed principally in connection with a resi- "Bodily injury" or "property damage" arising dence premises. out of your work after that work has been 5. Fellow Employee completed or abandoned. "Bodily injury" to: In this exclusion, your work means: a. Any fellow "employee" of the "insured" a. Work or operations performed by you or arising out of and in the course of the fel- on your behalf; and low "employee's" employment or while b. Materials, parts or equipment furnished in performing duties related to the conduct connection with such work or operations. of your business; or Your work includes warranties or representa- b. The spouse, child, parent, brother or sis- tions made at any time with respect to the fit- ter of that fellow "employee" as a conse- ness, quality, durability or performance of any quence of Paragraph a. above. of the items included in Paragraph a. or b. 6. Care, Custody Or Control above. "Property damage" to or "covered pollution Your work will be deemed completed at the cost or expense" involving property owned or earliest of the following times: transported by the "insured" or in the "in- (1) When all of the work called for in your sured's" care, custody or control. But this ex- contract has been completed; clusion does not apply to liability assumed (2) When all of the work to be done at under a sidetrack agreement. the site has been completed if your Page 4 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO contract calls for work at more than (2) The "bodily injury", "property dam- one site; or age" or "covered pollution cost or ex- (3) When that part of the work done at a pense" does not arise out of the op- job site has been put to its intended eration of any equipment listed in by any person or organization Paragraphs 6.b. and 6.c. of the defi- use other than another contractor or sub- nition of"mobile equipment". contractor working on the same pro- Paragraphs b. and c. above of this exclusion ject. do not apply to "accidents" that occur away that may need service, maintenance, from premises owned by or rented to an "in- Worksured with respect to "pollutants" not in or correction, repair or replacement, but which is upon a covered "auto" if: otherwise complete, will be treated as com- pleted. (a) The "pollutants" or any property Pollution in which the "pollutants" are con- 11. tained are upset, overturned or "Bodily injury" or "property damage" arising damaged as a result of the main- out of the actual, alleged or threatened dis- tenance or use of a covered charge, dispersal, seepage, migration, re- "auto"; and lease or escape of"pollutants": (b) The discharge, dispersal, seep- a. That are, or that are contained in any age, migration, release or escape property that is: of the "pollutants" is caused di- rectly(1) Beingtransported or towed by, han- by such upset, overturn or pdamage. died or handled for movement into, onto or from the covered "auto"; 12. War (2) Otherwise in the course of transit by "Bodily injury" or "property damage" arising or on behalf of the "insured"; or directly or indirectly out of: (3) Being stored, disposed of, treated or a. War, including undeclared or civil war; processed in or upon the covered b. Warlike action by a military force, includ- "auto"; ing action in hindering or defending against an actual or expected attack, by b. Before the "pollutants" or any property in "pollutants" are contained are any government, sovereign or other au- which the thority using military personnel or other moved from the place where they are ac- agents; or cepted by the "insured" for movement into c. Insurrection, rebellion, revolution, or onto the covered "auto"; or usurped power or action taken by gov- c. After the "pollutants" or any property in ernmental authority in hindering or de- which the "pollutants" are contained are fending against any of these. moved from the covered "auto" to the 13. Racing place where they are finally delivered, disposed of or abandoned by the "in- Covered "autos" while used in any profes- sured". sional or organized racing or demolition con- test or stunting activity, or while practicing for Paragraph a. above does not apply to fuels, such contest or activity. This insurance also lubricants, fluids, exhaust gases or other simi- does not apply while that covered "auto" is lar "pollutants" that are needed for or result being prepared for such a contest or activity. from the normal electrical, hydraulic or me- C. Limit Of Insurance chanical functioning of the covered "auto" or its parts if: Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehi- (1) The "pollutants" escape, seep, mi- cles involved in the "accident", the most we will grate or are discharged, dispersed or pay for the total of all damages and "covered pol- released directly from an "auto" part lution cost or expense" combined resulting from designed by its manufacturer to hold, any one "accident" is the Limit Of Insurance for store, receive or dispose of such "pol- Covered Autos Liability Coverage shown in the lutants"; and Declarations. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 COMMERCIAL AUTO All "bodily injury", "property damage" and "coy- a. Glass breakage; ered pollution cost or expense" resulting from b. "Loss" caused by hitting a bird or animal; continuous or repeated exposure to substantially and the same conditions will be considered as result- ing from one "accident". c. "Loss" caused by falling objects or mis- siles. No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this However, you have the option of having glass Coverage Form and any Medical Payments Coy- breakage caused by a covered "auto's" colli- erage endorsement, Uninsured Motorists Cover- sign or overturn considered a "loss" under age endorsement or Underinsured Motorists Collision Coverage. Coverage endorsement attached to this Coverage 4. Coverage Extensions Part. a. Transportation Expenses SECTION III — PHYSICAL DAMAGE COVERAGE We will pay up to $20 per day, to a maxi- A. Coverage mum of $600, for temporary transporta- 1. We will pay for "loss" to a covered "auto" or tion expense incurred by you because of its equipment under: the total theft of a covered "auto" of the private passenger type. We will pay only a. Comprehensive Coverage for those covered "autos" for which you From any cause except: carry either Comprehensive or Specified (1) The covered "auto's" collision with Causes Of Loss Coverage. We will pay another object; or for temporary transportation expenses in- curred during the period beginning 48 (2) The covered "auto's" overturn. hours after the theft and ending, regard- b. Specified Causes Of Loss Coverage less of the policy's expiration, when the Caused by: covered "auto" is returned to use or we pay for its "loss". (1) Fire, lightning or explosion; b. Loss Of Use Expenses (2) Theft; For Hired Auto Physical Damage, we will (3) Windstorm, hail or earthquake; pay expenses for which an "insured" be- (4) Flood; comes legally responsible to pay for loss (5) Mischief or vandalism; or of use of a vehicle rented or hired without a driver under a written rental contract or (6) The sinking, burning, collision or de- agreement. We will pay for loss of use railment of any conveyance transport- expenses if caused by: ing the covered "auto". (1) Other than collision only if the Decla- c. Collision Coverage rations indicates that Comprehensive Caused by: Coverage is provided for any covered (1) The covered "auto's" collision with "auto"; another object; or (2) Specified Causes Of Loss only if the (2) The covered "auto's" overturn. Declarations indicates that Specified Causes Of Loss Coverage is pro- 2. Towing vided for any covered "auto"; or We will pay up to the limit shown in the Decla- (3) Collision only if the Declarations indi- rations for towing and labor costs incurred cates that Collision Coverage is pro- each time a covered "auto" of the private vided for any covered "auto". passenger type is disabled. However, the la- However, the most we will pay for any bor must be performed at the place of dis- ablement. expenses for loss of use is $20 per day, to a maximum of$600. 3. Glass Breakage — Hitting A Bird Or Animal B. Exclusions — Falling Objects Or Missiles If you carry Comprehensive Coverage for the 1. We will not pay for "loss" caused by or result- damaged covered "auto", we will pay for the ing from any of the following. Such "loss" is following under Comprehensive Coverage: excluded regardless of any other cause or Page 6 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO event that contributes concurrently or in any installed, that reproduces, receives or sequence to the "loss". transmits audio, visual or data signals. a. Nuclear Hazard d. Any accessories used with the electronic (1) The explosion of any weapon em- equipment described in Paragraph c. ploying atomic fission or fusion; or above. (2) Nuclear reaction or radiation, or ra- 5. Exclusions 4.c. and 4.d. do not apply to dioactive contamination, however equipment designed to be operated solely by caused. use of the power from the "auto's" electrical b. War Or Military Action system that, at the time of"loss", is: (1) War, including undeclared or civil a. Permanently installed in or upon the cov- war; ered "auto"; (2) Warlike action by a military force, in- b. Removable from a housing unit which is cluding action in hindering or defend- permanently installed in or upon the cov- ing against an actual or expected at- tack, by any government, sovereign c. An integral part of the same unit housing or other authority using military per- any electronic equipment described in sonnel or other agents; or Paragraphs a. and b. above; or (3) Insurrection, rebellion, revolution, d. Necessary for the normal operation of the usurped power or action taken by covered "auto" or the monitoring of the governmental authority in hindering covered "auto's" operating system. or defending against any of these. 6. We will not pay for "loss" to a covered "auto" 2. We will not pay for "loss" to any covered due to "diminution in value". "auto" while used in any professional or or- ganized racing or demolition contest or stunt- C. Limits Of Insurance ing activity, or while practicing for such con- 1. The most we will pay for: test or activity. We will also not pay for "loss" to any covered "auto" while that covered a. "Loss" to any one covered "auto" is the "auto" is being prepared for such a contest or lesser of: activity. (1) The actual cash value of the dam- 3. We will not pay for "loss"due and confined to: aged or stolen property as of the time a. Wear and tear, freezing, mechanical or of the "loss"; or electrical breakdown. (2) The cost of repairing or replacing the b. Blowouts, punctures or other road dam- damaged or stolen property with age to tires. other property of like kind and quality. This exclusion does not apply to such "loss" b. All electronic equipment that reproduces, resulting from the total theft of a covered receives or transmits audio, visual or data "auto". signals in any one "loss" is $1,000, if, at 4. We will not pay for "loss" to any of the follow- the time of "loss", such electronic equip- ment is: ing: (1) Permanently installed in or upon the a. Tapes, records, discs or other similar au- covered "auto" in a housing, opening dio, visual or data electronic devices de- signed for use with audio, visual or data or other location that is not normally electronic equipment. used by the "auto" manufacturer for the installation of such equipment; b. Any device designed or used to detect speed-measuring equipment, such as ra (2) Removable from a permanently in- dar or laser detectors, and any jamming stalled housing unit as described in apparatus intended to elude or disrupt Paragraph b.(1) above; or speed-measuring equipment. (3) An integral part of such equipment as c. Any electronic equipment, without regard described in Paragraphs b.(1) and to whether this equipment is permanently b.(2) above. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 COMMERCIAL AUTO 2. An adjustment for depreciation and physical b. Additionally, you and any other involved condition will be made in determining actual "insured" must: cash value in the event of a total "loss". (1) Assume no obligation, make no pay- 3. If a repair or replacement results in better ment or incur no expense without our than like kind or quality, we will not pay for the consent, except at the "insured's" amount of the betterment. own cost. D. Deductible (2) Immediately send us copies of any For each covered "auto", our obligation to pay for, request, demand, order, notice, repair, return or replace damaged or stolen prop- summons or legal paper received erty will be reduced by the applicable deductible concerning the claim or"suit". shown in the Declarations. Any Comprehensive (3) Cooperate with us in the investigation Coverage deductible shown in the Declarations or settlement of the claim or defense does not apply to "loss" caused by fire or light- ning. against the "suit". SECTION IV— BUSINESS AUTO CONDITIONS (4) Authorize us to obtain medical re- cords or other pertinent information. The following conditions apply in addition to the Common Policy Conditions: (5) Submit to examination, at our A. Loss Conditions ex- pense, by physicians of our choice, as often as we reasonably require. 1. Appraisal For Physical Damage Loss c. If there is "loss" to a covered "auto" or its If you and we disagree on the amount of equipment, you must also do the follow- "loss", either may demand an appraisal of the ing: "loss". In this event, each party will select a competent appraiser. The two appraisers will (1) Promptly notify the police if the cov select a competent and impartial umpire. The ered "auto" or any of its equipment is appraisers will state separately the actual stolen. cash value and amount of"loss". If they fail to (2) Take all reasonable steps to protect agree, they will submit their differences to the the covered "auto" from further dam- umpire. A decision agreed to by any two will age. Also keep a record of your ex- be binding. Each party will: penses for consideration in the set- a. Pay its chosen appraiser; and tlement of the claim. b. Bear the other expenses of the appraisal (3) Permit us to inspect the covered and umpire equally. "auto" and records proving the "loss" If we submit to an appraisal, we will still retain before its repair or disposition. our right to deny the claim. (4) Agree to examinations under oath at 2. Duties In The Event Of Accident, Claim, our request and give us a signed Suit Or Loss statement of your answers. We have no duty to provide coverage under 3. Legal Action Against Us this policy unless there has been full compli- No one may bring a legal action against us ance with the following duties: under this Coverage Form until: a. In the event of "accident", claim, "suit" or a. There has been full compliance with all "loss", you must give us or our authorized the terms of this Coverage Form; and representative prompt notice of the "acci- dent" or"loss". Include: b. Under Covered Autos Liability Coverage, (1) How, when and where the "accident" we agree in writing that the "insured" has or"loss" occurred; an obligation to pay or until the amount of that obligation has finally been deter- (2) The "insured's" name and address; mined by judgment after trial. No one has and the right under this policy to bring us into (3) To the extent possible, the names an action to determine the "insured's" li- and addresses of any injured persons ability. and witnesses. Page 8 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO 4. Loss Payment — Physical Damage Cover- son or organization holding, storing or trans- ages porting property for a fee regardless of any At our option, we may: other provision of this Coverage Form. a. Pay for, repair or replace damaged or sto- 5. Other Insurance len property; a. For any covered "auto" you own, this b. Return the stolen property, at our ex- Coverage Form provides primary insur- pense. We will pay for any damage that ance. For any covered "auto" you don't results to the "auto" from the theft; or own, the insurance provided by this Cov- erage Form is excess over any other col- c. Take all or any part of the damaged or lectible insurance. However, while a cov- stolen property at an agreed or appraised ered "auto" which is a "trailer" is con- value. nected to another vehicle, the Covered If we pay for the "loss", our payment will in- Autos Liability Coverage this Coverage clude the applicable sales tax for the dam- Form provides for the"trailer" is: aged or stolen property. (1) Excess while it is connected to a mo- 5. Transfer Of Rights Of Recovery Against tor vehicle you do not own; or Others To Us (2) Primary while it is connected to a If any person or organization to or for whom covered "auto" you own. we make payment under this Coverage Form b. For Hired Auto Physical Damage Cover- has rights to recover damages from another, age, any covered "auto" you lease, hire, those rights are transferred to us. That person rent or borrow is deemed to be a covered or organization must do everything necessary "auto" you own. However, any "auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident" or "loss"to impair them. a driver is not a covered "auto". B. General Conditions c. Regardless of the provisions of Para- 1. Bankruptcy graph a. above, this Coverage Form's Bankruptcy or insolvency of the "insured" or Covered Autos Liability Coverage is pri- the "insured's" estate will not relieve us of any mary for any liability assumed under an obligations under this Coverage Form. "insured contract". 2. Concealment, Misrepresentation Or Fraud d. When this Coverage Form and any other Coverage Form or policy covers on the This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other "insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis. a. This Coverage Form; 6. Premium Audit b. The covered "auto"; a. The estimated premium for this Coverage c. Your interest in the covered "auto"; or Form is based on the exposures you told d. A claim under this Coverage Form. us you would have when this policy be- gan. We will compute the final premium 3. Liberalization due when we determine your actual ex- If we revise this Coverage Form to provide posures. The estimated total premium will more coverage without additional premium be credited against the final premium due charge, your policy will automatically provide and the first Named Insured will be billed the additional coverage as of the day the re- for the balance, if any. The due date for vision is effective in your state. the final premium or retrospective pre- 4. No Benefit To Bailee — Physical Damage mium is the date shown as the due date Coverages on the bill. If the estimated total premium exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per- CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 COMMERCIAL AUTO b. If this policy is issued for more than one 1. A land motor vehicle, "trailer" or semitrailer year, the premium for this Coverage Form designed for travel on public roads; or will be computed annually based on our 2. Any other land vehicle that is subject to a rates or premiums in effect at the begin- compulsory or financial responsibility law or ning of each year of the policy. other motor vehicle insurance law where it is 7. Policy Period, Coverage Territory licensed or principally garaged. Under this Coverage Form, we cover "acci- However, "auto" does not include "mobile equip- dents" and "losses" occurring: ment". a. During the policy period shown in the C. "Bodily injury" means bodily injury, sickness or Declarations; and disease sustained by a person, including death b. Within the coverage territory. resulting from any of these. The coverage territory is: D. "Covered pollution cost or expense" means any cost or expense arising out of: (1) The United States of America; 1. Any request, demand, order or statutory or (2) The territories and possessions of the regulatory requirement that any "insured" or United States of America; others test for, monitor, clean up, remove, (3) Puerto Rico; contain, treat, detoxify or neutralize, or in any (4) Canada; and way respond to, or assess the effects of, "pol- lutants"; or (5) Anywhere in the world if a covered "auto" of the private passenger type 2. Any claim or "suit" by or on behalf of a gov- is leased, hired, rented or borrowed ernmental authority for damages because of without a driver for a period of 30 testing for, monitoring, cleaning up, removing, days or less, containing, treating, detoxifying or neutraliz- ing, or in any way responding to, or assessing provided that the "insured's" responsibility to the effects of, "pollutants". pay damages is determined in a "suit" on the merits, in the United States of America, the "Covered pollution cost or expense" does not in- territories and possessions of the United clude any cost or expense arising out of the ac- States of America, Puerto Rico or Canada, or tual, alleged or threatened discharge, dispersal, in a settlement we agree to. seepage, migration, release or escape of "pollut- ants": We also cover "loss" to, or "accidents" involy- a. That are, or that are contained in any ing, a covered "auto" while being transported between any of these places. property that is: 8. Two Or More Coverage Forms Or Policies (1) Being transported or towed by, han- Issued By Us died or handled for movement into, onto or from the covered "auto"; If this Coverage Form and any other Cover- age Form or policy issued to you by us or any (2) Otherwise in the course of transit by company affiliated with us applies to the or on behalf of the"insured"; or same "accident", the aggregate maximum (3) Being stored, disposed of, treated or Limit of Insurance under all the Coverage processed in or upon the covered Forms or policies shall not exceed the highest "auto"; applicable Limit of Insurance under any one b. Before the "pollutants" or any property in Coverage Form or policy. This condition does which the "pollutants" are contained are not apply to any Coverage Form or policy is- moved from the place where they are ac- sued by us or an affiliated company specifi- cepted by the "insured" for movement into cally to apply as excess insurance over this or onto the covered "auto"; or Coverage Form. SECTION V—DEFINITIONS c. After the "pollutants" or any property in which the "pollutants" are contained are A. "Accident" includes continuous or repeated expo- moved from the covered "auto" to the sure to the same conditions resulting in "bodily in- place where they are finally delivered, jury" or"property damage". disposed of or abandoned by the "in- B. "Auto" means: cured . Page 10 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO Paragraph a. above does not apply to fuels, 4. An obligation, as required by ordinance, to in- lubricants, fluids, exhaust gases or other simi- demnify a municipality, except in connection lar "pollutants" that are needed for or result with work for a municipality; from the normal electrical, hydraulic or me- 5. That part of any other contract or agreement chanical functioning of the covered "auto" or pertaining to your business (including an in- its parts, if: demnification of a municipality in connection (1) The "pollutants" escape, seep, mi- with work performed for a municipality) under grate or are discharged, dispersed or which you assume the tort liability of another released directly from an "auto" part to pay for "bodily injury" or"property damage" designed by its manufacturer to hold, to a third party or organization. Tort liability store, receive or dispose of such "pol- means a liability that would be imposed by lutants"; and law in the absence of any contract or agree- (2) The "bodily injury", "property dam- ment; or age" or "covered pollution cost or ex- 6. That part of any contract or agreement en- pense" does not arise out of the op- tered into, as part of your business, pertaining eration of any equipment listed in to the rental or lease, by you or any of your Paragraph 6.b. or 6.c. of the defini- "employees", of any "auto". However, such tion of"mobile equipment". contract or agreement shall not be considered Paragraphs b. and c. above do not apply to an "insured contract" to the extent that it obli- "accidents" that occur away from premises gates you or any of your "employees" to pay owned by or rented to an "insured" with re- for "property damage" to any "auto" rented or spect to "pollutants" not in or upon a covered leased by you or any of your"employees". "auto" if: An "insured contract" does not include that part of (a) The "pollutants" or any property any contract or agreement: in which the "pollutants" are con- a. That indemnifies a railroad for "bodily in- tained are upset, overturned or jury" or "property damage" arising out of damaged as a result of the main- construction or demolition operations, tenance or use of a covered within 50 feet of any railroad property and "auto"; and affecting any railroad bridge or trestle, (b) The discharge, dispersal, seep- tracks, roadbeds, tunnel, underpass or age, migration, release or escape crossing; of the "pollutants" is caused di- b. That pertains to the loan, lease or rental rectly by such upset, overturn or of an "auto" to you or any of your "em- damage. ployees", if the "auto" is loaned, leased or E. "Diminution in value" means the actual or per rented with a driver; or ceived loss in market value or resale value which c. That holds a person or organization en- results from a direct and accidental "loss". gaged in the business of transporting F. "Employee" includes a "leased worker". "Em- property by "auto" for hire harmless for ployee" does not include a "temporary worker". your use of a covered "auto" over a route or territory that person or organization is G. "Insured" means any person or organization quali- authorized to serve by public authority. fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re I. "Leased worker" means a person leased to you spect to the Limit of Insurance, the coverage af- by a labor leasing firm under an agreement be- forded applies separately to each insured who is tween you and the labor leasing firm to perform seeking coverage or against whom a claim or duties related to the conduct of your business. "suit" is brought. "Leased worker" does not include a "temporary worker". H. "Insured contract" means: J. "Loss" means direct and accidental loss or dam- 1. A lease of premises; age. 2. A sidetrack agreement; K. "Mobile equipment" means any of the following 3. Any easement or license agreement, except types of land vehicles, including any attached in connection with construction or demolition machinery or equipment: operations on or within 50 feet of a railroad; CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 COMMERCIAL AUTO 1. Bulldozers, farm machinery, forklifts and other c. Air compressors, pumps and generators, vehicles designed for use principally off public including spraying, welding, building roads; cleaning, geophysical exploration, lighting 2. Vehicles maintained for use solely on or next or well-servicing equipment. to premises you own or rent; However, "mobile equipment" does not include 3. Vehicles that travel on crawler treads; land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle 4. Vehicles, whether self-propelled or not, main- insurance law where it is licensed or principally tained primarily to provide mobility to perma- garaged. Land vehicles subject to a compulsory nently mounted: or financial responsibility law or other motor vehi- a. Power cranes, shovels, loaders, diggers cle insurance law are considered "autos". or drills; or L. "Pollutants" means any solid, liquid, gaseous or b. Road construction or resurfacing equip- thermal irritant or contaminant, including smoke, ment such as graders, scrapers or rollers; vapor, soot, fumes, acids, alkalis, chemicals and 5. Vehicles not described in Paragraph 1., 2., 3. waste. Waste includes materials to be recycled, or 4. above that are not self-propelled and are reconditioned or reclaimed. maintained primarily to provide mobility to M. "Property damage" means damage to or loss of permanently attached equipment of the fol- use of tangible property. lowing types: N. "Suit" means a civil proceeding in which: a. Air compressors, pumps and generators, 1. Damages because of "bodily injury" or "prop- including spraying, welding, building erty damage"; or cleaning, geophysical exploration, lighting and well servicing equipment; or 2. A "covered pollution cost or expense"; b. Cherry pickers and similar devices used to which this insurance applies, are alleged. to raise or lower workers; or "Suit" includes: 6. Vehicles not described in Paragraph 1., 2., 3. a. An arbitration proceeding in which such or 4. above maintained primarily for purposes damages or "covered pollution costs or other than the transportation of persons or expenses" are claimed and to which the cargo. However, self-propelled vehicles with "insured" must submit or does submit with the following types of permanently attached our consent; or equipment are not "mobile equipment" but will b. Any other alternative dispute resolution be considered "autos": proceeding in which such damages or a. Equipment designed primarily for: "covered pollution costs or expenses" are (1) Snow removal; claimed and to which the insured submits with our consent. (2) Road maintenance, but not construc- tion or resurfacing; or O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- (3) Street cleaning; ployee" on leave or to meet seasonal or short- b. Cherry pickers and similar devices term workload conditions. mounted on automobile or truck chassis P. "Trailer" includes semitrailer. and used to raise or lower workers; and Page 12 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 POLICY NUMBER: 680-7H190372 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the"bodily injury"or"property damage" occurs or the "personal injury"or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been corn- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. CG T8 02 10 2 Jncludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 08/31/2023 Page 1 of 1 POLICY NUMBER: 680-7H190372 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury"or"property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or"property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 CG T8 03 10 23 ® ISO Properties, Inc., 2004 DATE OF ISSUE: 08/31/2023 Page 1 of 1 BA2S651029 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT— INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS — INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a covered "auto". ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II —COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II — COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. (b) Any "auto" that is hired, rented or bor- 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY rowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT (4) All reasonable expenses incurred by the "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- AGE: E. TRAILERS — INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of The following replaces Paragraph C.1. of SEC- The I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT— INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE —GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; lease; and and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Coy- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that "auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. TRAVELERS, WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)— POLICY NUMBER: UB0K588642 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) -- 1 Insurance Company Countersigned by Travelers Property Casualty Company of America DATE OF ISSUE: 6/11/2024 Page 1 of 1