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HomeMy WebLinkAboutAGMT - BKF Engineers (On Call Professional Engineering Services of Various Disciplines) PROFESSIONAL SERVICES AGREEMENT for On-Call Professional Engineering Services of Various Disciplines between -�� SEA(.#%\ ‘ATo " B F wr fro �� CFoF BA 21 �OI '��,hoUN11-4•- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 BKF Engineers 4675 MacArthur Court, Suite 400 Newport Beach, CA 92660 (949) 526-8460 This Professional Service Agreement ("the Agreement") is made as of August 12, 2024 (the "Effective Date"), by and between BKF Engineers ("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. 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 design professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those design 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 on-call professional engineering/design/management services, roadway rehabilitation and geometric design, survey, storm drain system, conveyance, facilities design, and water quality/resources services, and grant services (collectively "Services") in the Request for Proposals or other solicitation ("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 2 of 23 (Exhibit B); and (iii) Terms for Compliance with California Labor Law Requirements (Exhibit C) , all of which are incorporated herein by this reference. 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 any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1 .5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1 .6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 3 of 23 2.0 Term 2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on August 12, 2027, unless sooner terminated or extended as provided by this Agreement. 2.2. Extensions. City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor 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 4 of 23 the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Upon the effective termination date, Consultant shall cease all work under this Agreement. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 5 of 23 6.0 Party Representatives 6.1. The City Manager is City's representative for purposes of this Agreement. 6.2. Chris Rideout is the Consultant's primary representative for purposes of this Agreement. Chris Rideout 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: BKF Engineers 4675 MacArthur Court, Suite 400 Newport Beach, CA 92660 Attn: Chris Rideout 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the 6 of 23 Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 7 of 23 9.4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 8 of 23 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. Consultant 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 9 of 23 suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any 10 of 23 such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City, and shall be at Consultant's sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. Upon 24 hours' notice by City, during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 11 of 23 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease. 12 of 23 17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with limits minimum limits no less than $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non-Contributinq. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as 13 of 23 independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 14 of 23 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-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. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or 15 of 23 result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 18.2. Other Indemnities. 18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or 16 of 23 individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.2.3. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, arising out of, claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors, subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.4. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant's liability, or as a waiver of or limitation on full performance of Consultant's duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant's defense and 17 of 23 indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant's defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.6. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors, or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or 18 of 23 agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 Non-Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement. 27.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 19 of 23 28.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 29.0 Prohibited Interests; Conflict of Interest 29.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 29.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 29.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 20 of 23 30.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. 31.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 32.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 33.0 Mutual Cooperation 33.1. Citv's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 33.2. Consultant's Cooperation. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services 21 of 23 rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 34.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 35.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 36.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 37.0 Recitals City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 38.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 22 of 23 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT: BKF Engineers, a • California core ration By: . By: - Ji . Ingram, City Manage Name: Chri eout Its: PrincioalNice President Attest: e By: Name: Jean Chen `i0 ,���. Its: CFO By: LiLa/`i loria •. H_rper, City Clerk (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from Approved as to Form: each of the following categories: (i) the chairperson of the board, the president By: 7/i�� .�� or any vice president, and (ii) the secretary, any assistant secretary, the Nicholas Ghirelli, City Attorney chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 23 of 23 EXHIBIT A CITY REQUEST FOR PROPOSALS DATED MARCH 13, 2024 "On-Call Professional Services for Various Disciplines" City of Seal Beach Request for Proposals for On-Call Professional Services for Various Disciplines •`fir SEAL %%�'N .....,.... Nit 11 I 11miomank VO • iir, , 0 • i• s • i �. 1.111.M • • • _ 0 alb‘ a 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 1 1 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 ("GIP"). In the past, the City has contracted with a variety of professional firms to provide on- call/as-needed services and has renewed each contract for several years. This Request for Proposal ("RFP") will provide new opportunities for professional firms to collaborate with the City. The City has a strong commitment to providing its residents with the highest level of quality of life and to remaining one of the most sought-after places to live. PURPOSE OF REQUEST The City of Seal Beach ("City") is requesting proposals from qualified and professional firms ("Consultant"), of various sizes and capacity, to provide comprehensive professional services on an on-call/as-needed basis. It is desirable that the successful Consultant(s) have the ability to provide in-house services, or capacity to sub-consult, for multiple disciplines. There are two (2) main categories with a total of 29 disciplines, as follows: A. Professional Engineering/Design/Management Services: • Environmental Design & Planning • Construction, Project, & Program Management • Geotechnical Engineering • Grant Services • Intra/interagency Coordination and Permitting • Landscape Architecture & Parks Design • Marine & Coastal Engineering • Mechanical, Electrical, & Plumbing • Right-of-Way Acquisition • Land Development Services (i.e. Title Report, Easement Preparation) • Roadway Rehabilitation & Geometric Design • Strategic Support Services • Structural Engineering Page 3 of 17 • Survey • Traffic &Transportation Engineering • Intra/Interagency Coordination and Permitting • Sewer System and Facilities Design • Storm Drain System, Conveyance, and Facilities Design • Water System and Facilities Design • Water Quality/Resources Services (i.e. Lead & Copper inventory, Cross Connection, NPDES) • Utilities Maintenance Services • Utilities Modeling & Planning • Utilities Studies & Master Plans • Other B. Professional Development Services Support: • Encroachment & Development Permitting and Agreements • Development Services (i.e., Grading Plan Checks, Streets) • Subdivision Plan Review (i.e., Lot Line Adjustment, Tract Map, Parcel Map, Certificate of Compliance) • Survey • Utility Plan Check, Permit Processing and Coordination (i.e. Wireless Telecommunication, Public Utilities, and Investor-Owned Utilities) • Right-of-Way Acquisition • Land Development Services (i.e. Title Report, Easement Preparation) • Water Quality/Resources Review (i.e. WQMP, SWPPP, Hydrology, Drainage) The City anticipates awarding multiple professional firms with three (3) year on-call agreements, with an estimated contract amount to be determined. An option to extend may be included in the agreement. The final agreement amount, term, and the number of firms will depend on the quality, diversity, and responsiveness of the received proposals. Due to the on-call/as-needed nature of this contract, no work is guaranteed, even if awarded. The scope, work schedule, and fee for each requested task will be negotiated on a project-by-project basis. The City reserves the right to not accept the Consultant's scope and fee. Page 4 of 17 II. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES A. QUALIFICATIONS Minimum Qualifications: • Valid California Professional Civil Engineering license, California Professional Engineering license, and/or accreditation for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional engineering experience. • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. • Ability to provide deliverables consistent with the latest City-adopted AutoCAD and other engineering/non-engineering-related software. • Proficiency with applicable regulatory agencies' rules and regulations. • Experience with municipal utilities systems and facility design (e.g. water, sewer, and storm drain) • Provide regulatory agency permitting/coordination support. Desirable Qualifications: • Experience in providing professional engineering services for a coastal community. • Familiarity with the City of Seal Beach standards, provisions, and practices. • Demonstrated experience with community public outreach, in particular, for a coastal community. • Experience in providing effective and efficient file transfer platforms to facilitate document/plan check tracking and exchanges. B. SCOPE OF WORK The following is a list of professional engineering services that may be requested: • Provide full plans, specifications, and estimates for a broad-range of engineering disciplines • Provide cost estimating and value engineering services • Provide bid support and record drawings preparation services • Provide construction support, administration, and management services • Provide professional surveying services • Provide professional geotechnical services • Provide a broad-range of community outreach services Page 5 of 17 • Review public/private development plans and maps • Provide regulatory agency permitting/coordination support • Provide grant-writing services • Prepare various studies and supporting documentation, including hydrology and hydraulic analysis, water and sewer studies and network analysis • Prepare/review NPDES reports, Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plans (SWPPP) • Prepare maps and legal descriptions for right-of-way acquisitions and easements • Other engineering-related tasks, as necessary Consultant shall perform the on-call services described in this section ("Services" or "Work"). Upon written request from the City, Consultant shall provide a proposal for Services requested by the City (hereinafter referred to as the "Proposal"). Depending on the size and scope of the Work, Proposal may be in the form of a "letter proposal" or a "detailed proposal". At a minimum, the Proposal shall include, but is not limited to, the following: • A detailed description of the Work to be provided; • The name and position of each person to be assigned to perform the Work; and • The estimated number of hours, by task, and cost to complete the Work. No Services shall be provided until the City has provided written acceptance of the Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Proposal. III. PROFESSIONAL PLAN CHECK SERVICES A. QUALIFICATIONS Minimum Qualifications: • Valid California Professional Civil Engineering license and/or California Professional Engineering license for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional engineering experience. • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. • Ability to provide deliverables consistent with the latest City-adopted AutoCAD and other engineering/non-engineering-related software. • Proficiency with applicable regulatory agencies' rules and regulations. Page 6 of 17 Desirable Qualifications: • Experience in providing professional engineering services for a coastal community. • Familiarity with the City of Seal Beach standards, provisions, and practices. • Demonstrated experience with community public outreach, in particular, for a coastal community. • Experience in providing effective and efficient file transfer platforms to facilitate document/plan check tracking and exchanges. B. SCOPE OF WORK The following is a list of professional plan check services that may be requested: • Review public/private development plans and maps within ten (10) working days per review. • Review NPDES reports, Water Quality Management Plan (WQMP), and Strom Water Pollution Prevention Plans (SWPPP) within ten (10) working days per review. • Review communication permits/plans. • Review utility permits/plans. • Update development related documentation, such as policies and procedures. • Other engineering-related tasks, as necessary. IV. PRE-PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Kathryne Cho Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kcho(a sealbeachca.gov (562) 431-2527 ext. 1321 The City will respond to all questions and requests for clarification received by 10:00 am on Wednesday, March 27, 2024. Page 7 of 17 V. SCHEDULE* The following dates reflect the anticipated schedule: • Request for Proposal Solicitation March 13, 2024 • Pre-Proposal Question Deadline March 27, 2024 • Proposal Submittal Deadline April 10, 2024 • Consultant Interview (if conducted) April/May 2024 • Contract Award by City Council June 2024 *Schedule subject to change VI. SUBMITTAL REQUIREMENTS A. ACCEPTANCE OF SUBMITTALS Proposals are due by 10:00 AM on April 10, 2024, to the following (Postmarks will not be accepted): Kathryne Cho Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kcho(a sealbeachca.gov (562) 431-2527 ext. 1321 Please submit one (1) original, three (3) bounded hard copies, and one (1) electronic copy of the Consultant's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. Proposals must be titled "RFP On-Call Professional Services" and indicate the category and discipline you would like to submit your proposal for after the Proposal name. Example: "RFP On- Call Professional Services — Professional Engineering/Design/Management Services — Construction, Project, & Program Management" or "RFP On-Call Professional Services — Professional Development Services Support — Land Development." There is no expressed or implied obligation for the City to reimburse firms for any expenses incurred in preparing and sending proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. Page 8 of 17 The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected consultant. All property rights, including publication rights of all reports produced by the selected consultant in connection with services performed under this Agreement shall be vested in the City. B. PROPOSAL REQUIREMENTS Proposals shall be limited to 30 pages, excluding proposal cover, cover letter, table of contents, and dividers. An additional 10 pages is allowable for each additional discipline proposed upon. The following information shall be provided, at a minimum: Cover Letter References Table of Contents Subconsultant List Local Staffing List & Resumes Exceptions Company Qualifications Sealed Fee Proposal Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal and designate the firm's authorized representative regarding this RFP. Proposers shall clearly specify what discipline(s) they are proposing for. If applicable, proposers may elect to provide additional disciplines and/or specialties that are not listed in the RFP, as reference. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Local Staffing List & Resumes: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the consultant's project manager. Resumes of proposed staff shall be provided. Company Qualifications: Provide a summary of the firm's qualifications, including background and experience. Page 9 of 17 References: Consultant should provide a minimum of five (5) references from public agencies the Consultant has performed work for within the last four (4) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided • Contract costs, client/consultant-initiated change orders, and explanation • Dates • Staff assigned to referenced engagement that will be designated for work per this RFP • Client project manager name, telephone number, and email. If the client's primary point of contact is no longer available to provide a reference, please provide an alternative. Subconsultant List: Provide a list of the firm's subconsultants and indicate the following for each: Primary contact, services they provide and project experience working with the firm. Exceptions: The consultants shall review this RFP and attached standard professional services agreement. Exceptions to any portion of the RFP and/or City's standard professional services agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Fee Proposal: A Fee Proposal shall be submitted in a separate, sealed envelope and marked as "On-Call Professional Services— Fee Proposal" along with the name of the project. The information and details included in the fee proposal shall conform to the provisions of Section VII— Fee Proposal, of this RFP. Please note that part of the evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing the required components listed below will be evaluated accordingly. VII. FEE PROPOSAL In preparing the fee proposal for this project, the consultant shall take into consideration the following: 1. Compensation for services provided will be on a time-and-materials, not-to- exceed amount. 2. Fee proposal and billing rates shall remain effective for the term of the Agreement, which is anticipated to be three (3) years, subject to change. Any anticipated billing adjustments shall be clearly identified in the Proposal. Page 10 of 17 3. The consultant's standard billing rates for all classifications of staff likely to be involved in the project shall be included with the fee proposal along with the mark- up rate for any non-labor expenses and sub-consultants. 4. The City will negotiate the final fee with the top-ranked consultant(s). VIII.INTERVIEW Top ranked consultant teams may be interviewed by the selection committee. Proposed key personnel (up to four) from the Project Team may be requested to present the teams' and their individual qualifications at an interview. IX.SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. A. PROFESSIONAL ENGINEERING / DESIGN / MANAGEMENT SERVICES POTENTIAL EVALUATION CRITERIA Completeness of Response: Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP, subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, receiving no further consideration. Page 11 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 1 IMF mu __ , . . , . _ < j -,..... yet 7... - 1 1 o ��'� t7' t . ,i',..1.,t y, i-,--._ I� {oar u7 a 1 "t .'t Y .GSI r�� l�N 1,, r k _�1 I.10 ' .1 .. ,5111 ..•,--,-- *- Iry , r CITY OF SEAL BEACH RFP On-Call Professional Services Professional Engineering/Design/Management Services - Roadway Rehabilitation & Geometric Design, Survey, Storm Drain System, Conveyance, Facilities Design, and Water Quality/Resources Services, and Grant Services BKF APRIL 24, 2024 „IVA TABLE OF CONTENTS COVER LETTER 1 LOCAL STAFFING LIST & RESUMES 3 COMPANY QUALIFICATIONS 12 REFERENCES 25 SUBCONSULTANT LIST 30 EXCEPTIONS 33 1 �. .. $ AI, ,;� p i_ • _ F -c.. rair.' �, _ �[ .:�'- �, nl --1.. _ � � I�• s��_J - �Ar'�ti � I••cr ---- •�"' I . • E. Y. COVER LETTER April 24, 2024 BKF Kathryne Cho 'I Deputy Director of Public Works/City Engineer City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 SUBJECT: RFP ON-CALL PROFESSIONAL SERVICES - PROFESSIONAL ENGINEERING/DESIGN/ MANAGEMENT SERVICES - ROADWAY REHABILITATION & GEOMETRIC DESIGN, SURVEY, STORM DRAIN SYSTEM, CONVEYANCE, FACILITIES DESIGN, AND WATER QUALITY/ RESOURCES SERVICES, AND GRANT SERVICES. Dear Ms. Cho, BKF Engineers (BKF) welcomes the opportunity to submit our proposal for On-Call Professional Services in the following categories: Professional Engineering/Design/ Management Services - Roadway Rehabilitation & Geometric Design, Survey, Storm Drain System, Conveyance, Facilities Design, And Water Quality/ Resources Services, and Grant Services. SIMILAR WORK. BKF has established an extensive working-relationship with similar surrounding beach cities including the cities of San Clemente, Laguna Beach, Costa Mesa, Huntington Beach, San Juan Capistrano, and Long Beach. We understand that many areas of these cities experience a large influx of seasonal visitors, which creates swings in vehicular and pedestrian traffic volumes. These same areas may be older neighborhoods with relatively narrow streets and complicated utility configurations. BKF understands that portions of these cities may have an overlying theme or aesthetic that needs to be considered in the planning and design of projects; and we understand that the City of Seal Beach has implemented a Local Coastal Program, the terms of which need to be considered when projects are located within the Coastal Zone. Additionally, BKF currently holds more than 30+ On-Call contracts, which are identified in our proposal. EXPERIENCED TEAM. BKF's delivery structure utilizes permanent standing teams assigned to specific projects based on their expertise. Leading the team as Principal-in-Charge is Chris Rideout, PE who will be directly assisted by the Project Managers, Sheila Amparo, PE, QSD/QSP who will be managing the day-to-day design efforts. Sheila will also manage the civil engineering design elements of the projects assigned to BKF. Supporting Sheila will be, Roger Chung, PE, QSD/P, CFM, ENV SP. F. ASCE as the Storm Drain &Water Resources Manager. Nate Parker, PLS will serve as our Survey Project Manager and leading our Grant Funding Team will be Doug Fleming, JD, Director of Funding Strategies. We understand the need of having design team members who are familiar with the City's protocols and procedures that can tackle any assignment large or small. BKF has the team and experience to provide the City of Seal Beach with the expertise and is ready to meet and exceed your expectations. We have included our trusted partners as subconsultants to help support our Team's capabilities below: SUBCONSULTANT NAME SUBCONSULTANT SCOPE OF WORK Placeworks Landscape Architecture Ninyo & Moore Geotechnical Engineering W.G. Zimmerman Engineering Traffic Engineering LSA Environmental Services AeroTech Mapping Aerial Surveying BKF ENGINEERS 4675 MacArthur Court,Suite 400, Newport Beach,CA 92660 l t.949.526.8460 COVER LETTER BKF maintains a consistent approach in executing capital improvement projects for the City of Seal Beach, whether leading design efforts or overseeing the entire process on behalf of the City. We utilize our design methodology, tailored for CIP project design, when managing design work by external consultants. In these cases, we adapt our approach to meet Seal Beach's specific needs, prioritizing effective project management and comprehensive design validation. CIVIL: BKF will prepare draft concept plans depicting design alternatives and aesthetic options for Seal Beach projects. Additionally, our Team will assist in the preparation of an Initial Study, summarizing the proposed project and its potential environmental impacts, to facilitate the city's decision-making process regarding project exemptions or mitigation measures. STORM DRAIN AND WATER RESOURCES: BKF offers expertise in National Pollution Discharge Elimination System (NPDES) compliance, pavement investigation, geotechnical investigation, and hydrology/hydraulics/ drainage improvements.They will prepare necessary reports and assessments, including NPDES compliance memos and geotechnical investigation reports. Staff at BKF are familiar with the OC Groundwater Basins and our consultant team can work through the regulatory permitting agencies for any project within the Groundwater basin area. SURVEY: BKF will establish project survey controls and conduct field surveys, including aerial surveys and supplemental surveys by field crews, utilizing advanced equipment such as Leica and Trimble technologies. GRANT SUPPORT SERVICES: Through collaboration and developing a deep understanding of our client's projects, goals, and funding needs, we eloquently articulate your ideas and bring your projects to life. BKF will review projects/programs with key staff members and determine importance of each, as well as the resources available to execute the project/program.We will assess the gap funding needs and will develop funding strategies for each.We will conduct research on grants available, we can then create a plan and implement funding strategies and opportunities. STATEMENTS. Chris Rideout, Principal/Vice President will be the main point of contact for the duration of the contract. As principal and authorized representative, I can make legally binding commitments on behalf of the Entity. We have reviewed the City's Agreement presented in the RFP and have provided comments and suggested edits on page 33 of the proposal for your review and consideration. Work will effectively be conducted out of our Newport Beach office, conveniently situated minutes from Seal Beach City Hall. This will ensure seamless support for any city project as assigned to us, fostering efficient collaboration and timely delivery. I am available to expand on any portion of our proposal and answer any further questions. Please feel free to contact me during the selection process at (949) 526-8460.We look forward to working with the City of Seal Beach. Sincerely, BKF ENGINEERS Chris Rideout, PE Principal in Charge City of Seal Beach Request for Proposais for On-Call Professional Services for Various D'sciollnes 2 �� LOCAL STAFFING LIST & RESUMES BKF ORGANIZATION CHART The organization chart presented below displays our proposed team PRINCIPAL IN CHARGE organization, depth of resources, and coordination between team members. We AUTHORIZED TO NEGOTIATE have identified each team based on the disciplines that we are proposing on and Chris Rideout, PE have color coded them accordingly. These color codes are presented throughout (949) 526-8462 the proposal within the key personnel resumes and references to help identify crideout@bkf.com the disciplines easily. By assigning seasoned engineers and surveyors to the City of Seal Beach On-Call Project, BKF will assure a thorough work product, a cross- MAIN POINT OF CONTACT pollination of design expertise, and effective management. Sheila Amparo, PE, QSD (949) 526-8478 . samparo@bkf.com Key Personnel CITY OF SEAL BEACH PROJECT MANAGEMENT Chris Rideout, PE °rnc:pal in Charge BKF ENGINEERS KEY MANAGEMENT ROLES .0 Sheila Amparo, PE, QSD - Roger Chung, PE, QSD/P, .r Nate Parker, PLS .0 Doug Fleming,JD Roadway Project Manager CFM, ENV SR F.ASCE Survey Project Manager Director of BKF ENGINEERS Storm Drain &Water BKF ENGINEERS Funding Strategies Resources Project Manager BKF ENGINEERS BKF ENGINEERS CIVIL ENGINEERING STORM DRAIN & SURVEYING GRANT SERVICES WATER RESOURCES Bobby Lin, PE Dan Villines, PE, QSD Ron Ver, PLS Marley Mueller,JD Deputy Project Manager Deputy Project Manager OTTr e Sure; •r Funding Manager BKF ENGINEERS BKF ENGINEERS BKF ENGINEERS BKF ENGINEERS Jason Kirchmann, Phil Jones, PE, QSD/P Walter Stemberga Renee Cashmere PE, PLS, QSD GA/QC Manager QA QC Manager Lead Grants Analyst OA/CC Manager BKF ENGINEERS BKF ENGINEERS BKF ENGINEERS BKF ENGINEERS AS-NEEDED SUBCONSULTANTS PLACEWORKS NINYO & MOORE Landscape Architecture Geotechnical Engineering W.G.Z.E LSA AEROTECH Traffic Engineering Environmental Services Aerial Survey City of Sea Beacn ! Request for Proposals for On-Call P-ofessional Services for Various Disciplines 3 // LOCAL STAFFING LIST & RESUMES KEY TEAM RESPONSIBILITY + AVAILABILITY ,,- CHRIS RIDEOUT, PE I Principal in Charge ,.;.,`;n 4� Chris will be responsible for direct communication between the project team and the 30% City, as well as overseeing the overall contract to make certain that the work products developed conform to the City's guidelines and that each project's goals are met. SHEILA AMPARO, PE,QSD Roadway Project Manager '� Sheila will be responsible for the coordination of the Civil/Roadway project team, the 40% contract, and the budget for particular projects assigned under this contract. ROGER CHUNG, PE, CFM, ENV SP, QSD/P I Storm Drain &Water Resources Project Manager Roger will be responsible for the coordination of the Storm Drain &Water Resources 45% project team and the budget for particular projects assigned under this contract. NATE PARKER, PLS I Survey Project Manager Nate's responsibility involves managing the projects, coordinating with the client and 45% staff, performing QA/QC, submitting deliverables, and giving expert advice to the success of survey projects. DOUG FLEMING,JD I Director of Funding Strategies Doug will work with the City of Seal Beach for Grant Services in identifying grant ilAfunding opportunities and select the most viable funding targets for the City to 35% review and confirm. Doug will support the application development and review each component of the application packages. BOBBY LIN, PE I Deputy Roadway Project Manager t' !^ G Bobby's responsibilities will include working with Sheila to ensure the design conforms 55o/ to the City standards and providing guidance regarding design decisions. DAN VILLINES, PE,QSD I Deputy Storm Drain &Water Resources Project Manager 4 Dan's responsibilities will include working with Roger to ensure the storm drain design 50% conforms to the City standards and providing guidance regarding water resource design decisions. w . JASON KIRCHMANN, PE PLS, QSD I Roadway QA/QC Manager < i Jason's responsibilities as the Quality Assurance/Quality Control Manager for Civil/ 20% Roadway projects is to assure the Quality Control procedures are closely followed and - the procedure documented. 1111.11110 0 PHIL JONES, PE,QSD I Storm Drain &Water Resources QA/QC Manager Phil's responsibilities as the Quality Assurance/Quality Control Manager for Storm 20% Drain &Water Resource projects is to assure the Quality Control procedures are closely followed and the procedure documented. 0 WALTER STEMBERGA I Survey QA/QC Manager ft Walter's responsibility involves map checking and providing quality assurance and quality control for all surveying services and mapping products that BKF delivers. 20% Walter ensures we follow procedure and prioritize safety in all surveying activities. C of Sea Seacn aces' c ''000 as for IRS s_',a >> . __a.`_ 1s , -.es 4 �� LOCAL STAFFING LIST & RESUMES CHRIS RIDEOUT, PE SHEILA AMPARO, PE, QSD PRINCAL INN CHARGE ROADWAY PROJECT MANAGER ,! EDUCATION �;� EDUCATION B.S., Civil Engineering, B.S., Civil Engineering, California Polytechnic 1 California Polytechnic r14#4'41 ` University, Pomona University, Pomona REGISTRATION REGISTRATION Professional Civil Engineer, Professional Civil Engineer, CA No. 44922 CA No. 78003 Chris has more than 38 years of design experience on Sheila has over 24 years of civil engineering experience numerous streetscape, roadway, utility infrastructure, in roadway design, grading, and highway/bridge and municipal improvement projects. He has been projects with municipal agencies, as the project able to develop strong relationships with the local engineer, design manager, and project manager. Sheila and regional approval agencies throughout his career, has led the design efforts for roadway geometrics, which helps with obtaining timely jurisdictional grading, signing and striping, stage construction and approvals. His strengths include providing creative traffic handling on a number of large transportation alternatives with a maximum amount of flexibility projects and understands the importance of strong, during the design, while maintaining the project clear communication when it comes to meeting objectives and schedule. project goals to ensure timely and accurate execution of project deliverables. She will oversee all the aspects SELECT PROJECT EXPERIENCE of design, and ensure that coordination among the team members are consistent and clear. Huntington Beach Main Street Redesign Huntington Beach SELECT PROJECT EXPERIENCE Willow Street Pavement Project Long Beach, CA Willow Street Pavement Project Long Beach, CA Long Beach Blvd. Pavement Project Long Beach, CA Long Beach Blvd. Pavement Project Long Beach, CA Wardlow Road Pavement Project Long Beach, CA Wardlow Road Pavement Project Long Beach, CA Kingsdale Avenue Resurfacing Redondo Beach, CA Kingsdale Avenue Resurfacing Redondo Beach, CA Pico Rivera Regional Bikeway Pico Rivera, CA Pico Rivera Regional Bikeway Pico Rivera, CA Chino Hills Parkway Rehabilitation Projects Chino Hills, CA Central Avenue Grade Separation Project Montclair, CA Los Alisos Blvd./Muirlands Blvd. Intersection Improvements Project Chino Hills Parkway Rehabilitation Projects Lake Forest, CA Chino Hills, CA South Gate E. Frontage Road Pavement Rehabilitation Los Alisos Blvd./Muirlands Blvd. Intersection Improv. South Gate, CA Lake Forest, CA Jeffrey Open Space Trail (JOST) Extension South Gate Residential Resurfacing I&II Irvine, CA South Gate, CA City of Seai Beach Request for Proposals for On-Call °-ofess ona ces for Va-10_Js D sc c • 9S 5 �� LOCAL STAFFING LIST & RESUMES ROGER CHUNG, PE, CFM, ENV SP, QSD/P NATE PARKER, PLS STORM DRAIN &WATER RESOURCES SURVEY PROJECT MANAGER PROJECT MANAGER EDUCATION EDUCATION "^Ili ' /`.' B.S., Environmental Surveying, Santiago c ` Engineering & B.S., Civil ar c ' Canyon College, Orange ' Engineering, University of ra ir- `' ' California, Irvine REGISTRATION Professional Land pi REGISTRATION .;r : ,,., s.i. Surveyor, CA No. 9813 Professional Civil Engineer, " 1,104 r, CA No. 65388 • f,',' " ` Roger has more than 23 years of civil engineering Nate has over 20 years of experience in field surveying. experience with expertise in hydrology, hydraulic and He is a registered Professional Land Surveyor. His structural analysis for the preparation of drainage project experience covers all aspects of field surveys studies, drainage master plans and the preparation including boundary, topographic, ALTA surveys, of design plans, specifications, and cost estimates settlement and movement studies, and construction for water supply and flood control facilities. He has surveys involving subdivisions, highrise buildings, been involved in the hydraulic analysis and design of bridges, grade separations, highways, utility layout, numerous water recharge and flood control projects railroad layout, port surveys and airports. He handles in San Bernardino, Riverside, Orange, Los Angeles, and all aspects of boundary, control, construction and San Diego County including coastal cities. topographic data collection. SELECT PROJECT EXPERIENCE SELECT PROJECT EXPERIENCE Huntington Beach Main Street Redesign Huntington Beach Main Street Redesign Huntington Beach Huntington Beach Kingsdale Avenue Resurfacing Wardlow Road Pavement Project Redondo Beach , CA Long Beach, CA Washington Boulevard Bridge Project Sorrento Drive Project Pico Rivera, CA Long Beach, CA Benson Avenue Storm Drain Extension Kingsdale Avenue Resurfacing Chino CA Redondo Beach, CA County of San Bernardino Carbon Canyon Channel City of Anaheim As Needed Engineering & Design Improvements Services 2020-2023 Chino Hills, CA Anaheim, CA South Gate Residential Resurfacing All APUD As-Needed Civil Services FY 23-28 South Gate, CA Anaheim, CA Jeffrey Open Space Trail (JOST) Extension APUD GSA #10 Anaheim Hills Underground Civil Base Irvine, CA Maps Harvard/Michelson Intersection Improvements Anaheim, CA Irvine, CA Harvard/Michelson Intersection Improvements Los Alisos Blvd./Muirlands Blvd. Intersection Irvine, CA Improvements Project Irvine Jeffrey Open Space Trail (JOST) Extension Lake Forest, CA Irvine, CA Yorba Linda Blvd./Imperial Hwy. Intersection Improv. Gerald Desmond Bridge Yorba Linda, CA Long Beach, CA City of Sea, Beach I Request for Proposals fc' IP On Cal n-ofessicna Se-%oes O in ; ,. ._ e, 6 /0a LOCAL STAFFING LIST & RESUMES BOBBY LIN, PE JASON KIRCHMANN, PE, PLS, QSD ROADWAY DEPUTY PROJECT MANAGER ROADV,AY Q . QC MANAGER EDUCATION ;,. ••= EDUCATION lik k:, ,, B.S., Civil Engineering, . ' ' Civil Engineering,Surveying s, ' University of California, ..```Y f and Technology Program, Irvine {`_ Santa Rosa Jr. College REGISTRATION i REGISTRATION Professional Civil Engineer, 01 Professional Engineer, CA CA No. 85563 No.45079, Professional hig I Land Surveyor, CA No.8806 Bobby brings more than 14 years of experience Jason has a wide variety of experience in civil delivering public works engineering and transportation engineering design and land surveying for local design projects. His expertise includes civil municipalities and private sector clients. He has transportation design for roadway, intersection provided design support and project management improvement and enhancements, mobility and on civic, healthcare, residential, education, parks, and connectivity projects, widenings, and safety commercial projects.Jason has been responsible for improvement projects. His ability to effectively surveying tasks related to the design and construction communicate and manage projects and coordinate of transportation, residential, commercial and public with stakeholders is keen. In addition to working with works projects. He understands the importance of public and government agencies, he has also worked providing seamless coordination with clients, other with municipality projects under Caltrans guidelines. professional consultants, and reviewing agencies. Bobby will work alongside Sheila to ensure project deliverables are met. SELECT PROJECT EXPERIENCE SELECT PROJECT EXPERIENCE City of San Rafael On-Call Engineering San Rafael, CA Long Beach Blvd. Pavement Project Long Beach, CA City of American Canyon On-Call Engineering American Canyon, CA Wardlow Road Pavement Project Town of Corte Madera On-Call Engineering Long Beach, CA Corte Madera, CA Sorrento Drive Project Long Beach, CA City of Sausalito On-Call Engineering Sausalito, CA Kingsdale Avenue Resurfacing Redondo Beach, CA City of Santa Rosa On-Call Engineering Santa Rosa, CA Pico Rivera Regional Bikeway Pico Rivera, CA Alameda County GSA On-Call Engineering Alameda County, CA Chino Hills Parkway Rehabilitation Projects Chino Hills, CA San Francisco As-Needed Architectural Services San Francisco, CA South Gate Residential Resurfacing I&II West Sac On-Call Survey (2021-24) South Gate, CA West Sacramento, CA Lakewood/Florence Intersection Improvement Downey, CA Sacramento County On-Call Land Surveying Services Sacramento, CA Yorba Linda Blvd./Imperial Hwy. Intersection Improv. Yorba Linda, CAA City of San Rafael Survey and Plan Check San Rafael, CA Harvard/Michelson Intersection Improvements Irvine. CA City of Sea.Beach I Request for°roposa s fc, PP On-Call °rofess,onai Services for'Jar ous ,. c :,s 7 �� LOCAL STAFFING LIST & RESUMES DAN VILLINES, PE, QSD PHIL JONES, PE, QSD/QSP STORM DRAIN &WATER RESOURCES DEPUTY STORM DRAIN &WATER RESOURCES PROJECT MANAGER QA/QC MANAGER �. EDUCATION EDUCATION - ;;; " , B.S., Civil Engineering, • =-f M.S., & B.S., Civil California Polytechnic ,. Engineering, California University, Pomona of 4 e State University, Long Beach REGISTRATION Professional Civil Engineer, /�/ REGISTRATION CA No. 55210 - - Professional Civil Engineer, CA No. 44010 Dan offers more than 31 years of professional civil Phil has over 34 years of experience managing engineering experience in the technical field of water engineering design, maintenance, and construction resources. His experience includes hydraulic and administration services for various public works structural analyses for the preparation of design plans, projects, including flood control facilities, roadways, specifications and cost estimates for retaining walls, bridges, and bicycle and pedestrian pathways. For flood walls, dams, detention basins, water supply, more than 30 years, Phil served within the County of wastewater, and flood control facilities. Dan has Orange, OC Public Works Department (OCPW) in the performed plan-check services for public agencies to Design, Construction, and Operations & Maintenance verify hydrology and hydraulic design considerations. Divisions, on behalf of the County of Orange and the He has extensive knowledge of computer based Orange County Flood Control District (OCFCD), with hydraulic models for both open canal and piping the mission of protecting Orange County areas from systems for the purpose of determining cost effective the threat and damage of flooding. and efficient hydraulic conveyance systems. Dan has been involved in the structural analysis, design, and SELECT PROJECT EXPERIENCE construction of several hydraulic based projects in Southern California. Placentia Ave. Stormwater Trash Capture Costa Mesa, CA SELECT PROJECT EXPERIENCE Irvine Creekwalk from Coronado under 1405 California Coastal Commission Permit Irvine, CA Extension Assistance Irvine Barranca Channel Multi Use Trail Laguna Beach, CA Irvine, CA Park Newport Apartments Storm Drain Rehabilitation Project Report & Environmental Document for Jeffrey Newport Beach, CA Rd & Barranca Pkwy Park Newport Apartments Atrium Retrofit Project Irvine, CA Newport Beach, CA Irvine Jeffrey Open Space Trail (JOST) Extension Newport Beach Balboa Island Storm Drain Hydraulics Irvine, CA and Hydrology Study Plan Check Pomona Stormwater Master Plan Newport Beach, CA Pomona, CA Galaxy Drive Storm Drain Repair Landslide Program Manager Newport Beach, CA Rancho Palos Verdes, CA Via Montego Storm Drain Extension Plan Checking Services for City of SJC San Clemente, CA San Juan Capistrano, CA Pico Rivera Regional Bikeway Yorba Linda Blvd Improvements Pico Rivera, CA Yorba Linda, CA Benson Avenue Storm Drain Extension Chino CA City of Sea! Beach Request for roposais for On-Call ?-cfess cna'' Servloes fc,'larious D scc res 8 �� LOCAL STAFFING LIST & RESUMES WALTER STEMBERGA DOUG FLEMING, JD SURVEY QA/QC MANAGER DIRECTOR OF FUNDING STRATEGIES EDUCATION EDUCATION 11C :.1 B.S., International Business, , J.D., Northwestern 4 San Francisco University School of Law .: State University .,, l'' p ,tl 1 Walter oversees BKF's Newport Beach survey group Doug brings over 25 years of legal, business, and has played a key role in many projects, in both government and nonprofit consulting experience, the public and private sectors. Responsibilities include along with more than 15 years of direct fundraising project management of all survey projects including experience to the consulting team. He has direct scheduling, budget tracking, dispatching, supervision experience in successfully applying for and allocating of crews, and coordination of the office and field CDBG and CSBG funding as a county commissioner surveyors. Walter's experience includes directly and a contract grant writer for Nevada County; in overseeing the topographic surveys and construction addition to securing and managing grant funding staking survey for many projects. from numerous State and Federal agencies (including Caltrans, CA Department of Social Services, BSCC, SELECT PROJECT EXPERIENCE FEMA, SAMSAH, DOJ, etc.). As a consultant and a member of the Nevada City Council, he has Gerald Desmond Bridge secured and managed grant funding for capital Long Beach, CA improvement projects and is creative and well-versed in coordinating multiple funding streams to finance Park Place Extension Survey large infrastructure projects El Segundo, CA APUD GSA#7 FY20/21 Civil Base Map - SELECT PROJECT EXPERIENCE Wildfire Threat Areas Anaheim, CA 2322 Harrison - Grant Prospecting Oakland, CA APUD GSA#4 FY20/21 On-Call Real Property Services Anaheim, CA Bright Futures for Youth Grant Writing Grass Valley, CA City of Colton Mt Vernon Bridge Colton, CA Camino Pablo Pedestrian & Bicycle Safety Improvements Harvard/Michelson Intersection Improvements Moraga, CA Irvine, CA Clearlake On-Call Grant Management Services Lakewood/Florence Intersection Improvement Project Clearlake, CA Downey, CA Contra Costa County - Grant Writing & Response Irvine Consultant Team, Survey Development Services Irvine, CA Martinez, CA Long Beach Water District On-Call Survey Master Grass Valley Grant Writing Long Beach, CA Grass Valley, CA San Diego On-Call Survey Midpeninsula Regional Open Space On-Call Grant San Diego, CA Writing Los Altos, CA City of Seal Beach I Request for Proposals for RI On-Call Professional Services for Various Disciplines 9 /r COMPANY QUALIFICATIONS BKF Engineers Foundedin 500+ Delivering Inspired Infrastructure for Employees 1915 over 100 years . _ Since 1915, BKF Engineers has earned a reputation for its ability to successfully plan, design, survey, and implement 160 complex projects. BKF follows a project from inception 16 to completion by helping our clients acquire adequate Professional funding to achieve their project goals successfully.We West Coast provide the design, implementation, and construction Offices Engineers & P Surveyors assistance to help projects be funded and built. This proven approach recognizes that developing dynamic projects is informed by focused team collaboration, SERVICES mitigating physical constraints and potential risks, and balancing design goals with value engineering solutions. • Civil Engineering • Water Resources Through our network of 16 West Coast offices, BKF • Surveying • Construction provides civil engineering, land surveying, land planning • Planning Management services, and funding resources for government agencies, • Transportation • Utility Locating institutions, developers, design professionals, contractors, • Grants Funding school districts, and corporations. Facilitating the unique permitting and expertise requirements of projects, we provide a number of specialty services, including agency OFFICE LOCATIONS permit expediting, grant/funding strategies, sustainable infrastructure, site accessibility consulting, hydrology/ • Newport Beach • Santa Rosa hydraulics, traffic signal and traffic handling designs, • San Diego Sacramento utility locating services, automated construction surveying monitoring, and 3D laser scanning. • San Luis Obispo • Roseville • Walnut Creek Oakland BKF's decades of engineering, surveying, and planning experience is evident in our legacy projects throughout • Redwood City • Modesto the west coast. By leveraging our diverse project portfolio • San Francisco • San Rafael in combination with innovative design solutions, BKF's • San Jose Salinas team of more than 500 experienced staff is dedicated to successfully delivering sustainable and dynamic projects • Pleasanton • Portland for our communities and partners. COMPANY INFORMATION BKF ENGINEERS 4675 MacArthur Court, Suite 400 , Ne rt Beach CA 92660 ,e. ...... ,. .,—.. �.l . �; DIR ISTRATION .- e'*er• ,•m ...____. City of Seat Beach-.Request for Proposals for —.... 1-glfr, On Ca.'' Professional Services for Various Disciplines 10 Ball I R /� _- COMPANY QUALIFICATIONS RELEVANT BEACH COMMUNITY PROJECT EXPERIENCE BKF is able to provide the City of Seal Beach with complete On-Call Civil Engineering services. Because we are currently providing On-Call services to over 35 Cities and Agencies throughout the Southern California area, including Redondo Beach, Manhattan Beach, Rancho Palos Verdes, Long Beach, Huntington Beach, San Juan Capistrano, Costa Mesa, and Laguna Beach. We provide a range of municipal services for these agencies and we are confident that we can provide the same quality service to the City of Seal Beach. Every year, BKF is responsible for designing and overseeing projects valuing more than $100 million in construction cost, ranging from street improvements to major civic facilities.This experience provides our staff a unique insight into market trends, construction costs, and innovative techniques to deliver projects. CITY OF REDONDO BEACH CITY OF MANHATTAN BEACH CITY OF RANCHO PALOS VERDES <ngsda1e A.e^ue Resurfacrg Cr Cal Desg' Ser1 ces f air On Cali Design =^g veering &S,;',e_iIng Improvement Projects rinill .... • IL . CITY OF LONG BEACH CITY OF HUNTINGTON BEACH CITY OF SAN JUAN CAPISTRANO t :�,gn __. Cn-Ca'1 r• Se" I,_e, :7a, fls_,' - re ,o.< gip+. .. �.`:r i1%`�. .. ., ..s. _- �4 .. s '1' ,iIlii j` "�'"""�111'lllllllllllllllllllllllll'IN b �� =' CITY OF LAGUNA BEACH CITY OF BURBANK CITY OF LOS ANGELES -�a = . _ Lal _ r )r_.., , ,. tea �. p-ems �_. ;mil j . c- � fI CITY OF IRVINE CITY OF SANTA FE SPRINGS COUNTY OF ORANGE ;r Oa 'i _e -g _e'. C� ,ices _a i �er JIFF w, t • f f ,� r _ ` p . tJ !}J+lItllill,iIil Il.,,ri.A ..- ....c City of Sea ueacr i I<equest for Proposals for On-Call Professional Services for Various Disciplines 11 COMPANY QUALIFICATIONS ON-CALL PROJECT APPROACH BKF employs a consistent approach when implementing Define capital improvement projects, regardless of whether we lead the design efforts or oversee the overall process for the City of Seal Beach.Although our approach is 3 4 . o primarily aimed at designing CIP projects, the four steps 3 KEY 3 N remain applicable even when we manage the design work 0) COMPONENTS > CD conducted by external consultants. In such instances, N APPROACH Q we customize our approach to align with the City of Seal Beach's requirements, emphasizing effective project management and thorough validation of the design. Validate 1. Manage 2. Define 3. Develop 4. Validate Manage the process Define opportunities Develop coordinated Validate the plan with to meet the City's and constraints to and concise plans and a clear QA/QC process schedule & budget for meet each project's deliverables through the duration each project intended goals of the project PHASE 1 — MANAGE THE PROCESS...to minimize risks • Communication, status reporting, and check-in strategy r.V • Quality monitoring of team's work • Review of project budget burn rate and scheduling • Meet to review plans and progress of the work PHASE 2 — DEFINE THE WORK PLAN...to establish goals 9 • Discuss project goals and identify stakeholders • Determine background information • Review site conditions in the field • Develop detailed scope of work, level of effort, and schedule PHASE 3 — DEVELOP ALTERNATIVES WITH OPTIONS...for cost/benefit analysis • Validate existing conditions and constraints X • Determine and assess options and menu of costs • Develop Basis of Design to document parameters • Coordinate deliverables with team PHASE 4 — VALIDATE IN COMPLETION...through outreach to stakeholders • Dialogue with stakeholders (e.g. agencies or local interest groups) • Provide PS&E submittals at agreed upon milestones • Engage with the City in bidding the work • Facilitate the construction and closeout of the project C t' of Sea ?eacn Reoues' for Rr000sa's fc' IR On Ca °-ofess,cra Se.,ces fo•',a'o..us es 12 Ira COMPANY QUALIFICATIONS 1. Manage BKF will coordinate and attend meetings to understand CONFIRM THE PROJECT WORK PLAN • BKF Engineers concerns. We have extensive experience developing will confirm the work plan both during contract outreach plans, including the preparation of both hard negotiations and then throughout the design process copy and electronic project information bulletins. to manage expectations. 3. Develop TRACKING SCHEDULE • The schedule provided can COORDINATION • Our project manager and lead be tracked through Microsoft Project. Depending on designers will be responsible for solving technical the scope of work, the appropriate Project Manager challenges while developing the design in accordance will update the schedule with the completion of each with the City of Seal Beach's goals. We will coordinate project phase and discuss the implications with the City the work with other consultants, staff, and other of Seal Beach. agencies to ensure collaboration and obtain project DESIGN FEE • BKF manages internal and external labor approvals. expenses in the Deltek computer application. This FACILITATING COMMUNICATION WITH AGENCIES system allows us to track budgets daily, weekly, and • BKF's experience with public infrastructure projects monthly. It is the policy of the BKF not to exceed our involving multiple agencies has taught us the value allowed fee unless there is a change in the scope of of having clear, direct communication and of being work that the City of Seal Beach authorized. accessible at all times during critical project stages. MANAGING ISSUES • BKF will provide a Project Status PLAN DESIGN & REPORTS • BKF will develop plans Report to the City of Seal Beach regarding schedule at intermediate submittals appropriate to the task. and status updates. We will highlight items requiring We will provide an engineer's estimate, specifications, feedback from project partners. We can establish an plans, and reports for the City of Seal Beach to review Intranet site where consulting and City of Seal Beach for each submittal. team members can post updates, obtain information, 4. Validate and share ideas. Additionally, biweekly "go-to PROJECT WORK PLAN • At the start of each project, meetings" are a great way to coordinate the team and BKF will prepare a Project Work Plan based on the resolve issues. scope of work and the specific project needs. The PROGRESS REPORTING • On a monthly basis, we will plan outlines those tasks we believe are necessary to review, prepare, and submit the status of budgets, complete the project successfully. The Work Plan is progress, schedule, and performance and document based on a formal definition of the project elements. any design scope, cost, or schedule changes. This We will use this Work Plan to coordinate the team. This information will be summarized in a progress report. plan will be the guiding document leading to the basis 2. Define of design and plan development. DOCUMENTING EXISTING CONDITIONS • CHECKLIST REVIEW • BKF uses a monitoring checklist BKF believes that defining the locations of that identifies important elements of the design underground utilities, infrastructure, and surface (boundary conditions, conforms, utility, etc.) that must improvements is essential in preparing plans to avoid be reviewed and explained to the manager prior to construction conflicts. milestone deliverables. FIELD REVIEW & BASIS OF DESIGN • BKF will review QA/QC PEER REVIEW • Depending on the scope each site to understand constraints that may affect of work, the appropriate QA/QC Manager, will the design and the technical bases that will guide the complete an internal review of all project documents. design. We will summarize our findings in a Basis of They will check the documents for errors, perform a Design Report. constructability review, and ensure that the documents are coordinated between disciplines. STAKEHOLDER OUTREACH • Understanding the concerns of the project's stakeholders at the earliest stage in the design process is essential to preventing delays, conflicts, or expanded scope. Ctv of Sea 3eacn Revues'fc-3•000sa s for ca tress o�a oe„ cos fo a ous _ Hes 13 /SE COMPANY QUALIFICATIONS PROJECT CONTROLS BKF's project controls process helps assist our team DELIVERY CONTROL in producing and delivering quality documents that DEFINED SCHEDULE • A Microsoft Project schedule meet the project delivery, cost and quality objectives. will be based on the work plan jointly developed by BKF will keep the City of Seal Beach informed and will the City and BKF. At each phase, BKF will update the work to exceed expectations and maintain the project schedule which will incorporate time for the City to on schedule. review the documents. Any deviations in the schedule PROJECT MANAGEMENT will be discussed promptly with the City. PROJECT MANAGEMENT • Category Specific BKF OUTSTANDING ISSUES MATRIX • BKF will track all Project Managers will be responsible for the day-to-day outstanding design and program issues in a matrix management of the project design team, including the to facilitate discussions with the City and internal technical management of the project. team. This matrix tracks design issues, costs and the PROJECT KICKOFF MEETING/PUBLIC OUTREACH/ schedule. PDT MEETINGS • BKF will develop the agenda, SCHEDULE RECOVERY • If a delay in the schedule invite project team members and stakeholders and is encountered, either by the stakeholders or by the administer a project kick-off meeting.This meeting design team, BKF will develop a comprehensive revised will confirm project scope, deliverables, schedule, schedule to bring the project back in compliance with communication conduits, invoicing, and establish the project delivery date. BKF will develop this plan, future Project Development Team (PDT) meetings. gain commitment from sub-consultants and present BKF will prepare meeting minutes and distribute to all and gain agreement from the City. The plan will in attendance for review and concurrence. Our team include staffing augmentations, possible concurrent will attend Project Development Meetings, Public activities, and a monitoring mechanism to ensure the Outreach, and City Council Meetings to support City schedule recovery remains on track. BKF has more than Staff and the convey the Project goals. 470+ employees that are experienced in all aspects MASTER PROJECT SCHEDULE/PROGRESS REPORTS of municipal projects, which allows us to bring the • Upon receipt of Notice to Proceed (NTP) from the staffing horsepower to the project to avoid slippage in City, we will develop and deliver a Project Master schedules and maintain the City's delivery date. Schedule in Microsoft Project to the City within 10 COST CONTROL days. The schedule will be updated and distributed PROGRESS REPORTS • Our Project Manager will during PDT meetings to confirm the Project is tracking provide progress reports to the City to demonstrate according to expectations. BKF will prepare progress the team is tracking with the project schedule. These reports indicating current tasks, outstanding action reports will be comprehensive in nature to keep all items, schedule monitoring, and future anticipated design team members, City, and project Stakeholders meetings. The progress reports will be prepared and appraised of the status of various tasks, any schedule submitted monthly to the City Project Manager prior to CONSTRUCTION COST • BKF integrates cost the 15th of every month for the duration of the project. estimates for each milestone delivery and compares to MONTHLY INVOICING • BKF will collect, review and the baseline costs established early on in the project. compile invoices from the design team on a monthly During the initial tasks the BKF Team will refine the basis and will provide the City with the teams composite intent of the Concept Plan and develop a conceptual invoice. Invoices will delineate the current percent construction estimate in alignment with current complete by task which along with the project schedule construction costs due to inflation. BKF understands can be used to confirm effort, payment, and deliverables there are finite budgets associated with these capital are in alignment. improvement projects and will track and tailor the design accordingly. C t' of Sea Seam R ajes-fc cesa s fc na De-Jess one Se 2s sc_ "es 14 COMPANY QUALIFICATIONS QUALITY ASSURANCE AND QUALITY CONTROL APPROACH BKF's Quality Assurance program roots itself on the premise that in order to achieve quality deliverables and a quality project, it must resonate throughout the design and documentation process. A well-defined work plan will integrate the design parameters and goals. These include great communication to ensure the plan is implemented, internal checklists to verify the results, and proactive construction support. Collectively, these principles facilitate successful projects. BKF has a proven track record of performing consulting services that develop projects of the highest quality. Our goal is to deliver innovative design solutions completed on schedule and within budget. QUALITY IS ENHANCED BY INTERNAL QA/QC • Two weeks before any scheduled submittal, BKF will complete an internal review of our documents. Depending on the scope of work, the appropriate Project Manager will check the documents for errors, perform a constructability review, and suggest cost-saving alternatives. The documents will be corrected in the final week before the submittal. Depending on the scope of work, the appropriate QA/QC Manager will utilize BKF's Quality Control Checklist as the basis for documenting his review. The design team also uses these. BKF QUALITY CONTROL CHECKLIST • As part of the quality control process, BKF company-standard design checklists are utilized on every project to make sure all relevant design items are shown on the plans and that no surprises pop up in the design. Checklist items include critical construction items such as underground gravity pipe conflict checks, appropriate and accurate annotation of grades, plan and profile cross-checks, and sewer- water pipe clearances to meet state health requirements. Also, to ensure functional and readable plans, BKF uses checklists for generic items such as north arrows and scales, appropriate text heights, street names, etc. By keeping an eye on critical design items and applying close attention to detail to plans, BKF emphasizes its commitment to quality design services. QUALITY IS CONSTRUCTION CONTROL • The final part of BKF's Quality Assurance program is founded in the Construction Process. Through a proactive construction support approach, BKF helps to resolve field issues quickly. This "can do" approach typically leads to clear directives during construction with good communication, quick response time, and successful project completion. QUALITY ASSURANCE / QUALITY CONTROL PROJECT 35% 65% 95% BID INITIATION SUBMITTAL SUBMITTAL SUBMITTAL READY • • QA/QC PROCESS INTERNAL REVIEW INTERDISCIPLINARY REVIEW • QA/QC protocol • Each consultant conducts • Each consultant conducts established at project internal review interdisciplinary review initiation • Incorporate resolved • Team shares comments • QA/QC maintained/ comments • Team resolution meeting documented throughout project lifespan • Incorporate resolved comments C i cf Sea 3eac- K c jes- a joosa a for OHOnCe .- f sso es f „ 15 /� COMPANY QUALIFICATIONS TYPICAL SCOPE OF SERVICES The BKF team is well organized to tackle the City of Seal Beach's needs in a timely manner. We will assist the City in developing creative solutions to challenges as we have done so on previous projects. The continuity and long tenure of our staff is evidence that the personnel who we have committed to this On-Call will see the various projects through from start to finish. Each team member is cross trained and has a clear understanding of their role for each assignment. This will allow each team member to properly allocate their resources and make the necessary commitments to the project team. The following is a sample of our scope of services and will be revised according to the needs of each project issued by the City. PROJECT MANAGEMENT PROJECT MANAGEMENT • Category Specific BKF Project Managers will be responsible for the day-to-day management of the project design team, including the technical management of the project. PROJECT KICKOFF MEETING/PUBLIC OUTREACH/PDT MEETINGS • BKF will develop the agenda, invite project team members and stakeholders and administer a project kick-off meeting. This meeting will confirm project scope, deliverables, schedule, communication conduits, invoicing, and establish future Project Development Team (PDT) meetings. BKF will prepare meeting minutes and distribute to all in attendance for review and concurrence. Our team will attend Project Development Meetings, Public Outreach, and City Council Meetings to support City Staff and the convey the Project goals. MASTER PROJECT SCHEDULE/PROGRESS REPORTS • Upon receipt of a task order from the City, we will provide a Project Master Schedule in Microsoft Project to the City. The schedule will be updated and distributed during PDT meetings to confirm the Project is tracking according to expectations. BKF will prepare progress reports indicating current tasks, outstanding items, schedule monitoring, and future anticipated meetings. The progress reports will be prepared and submitted monthly to the City Project Manager prior to the 15th of every month for the duration of the project. MONTHLY INVOICING • BKF will collect, review and compile invoices from the design team on a monthly basis and will provide the City with the teams composite invoice. Invoices will delineate the current percent complete by task which along with the project schedule can be used to confirm effort, payment, and deliverables are in agreement. PROJECT MANAGEMENT - DELIVERABLES • Master Schedule and Updates • Meeting Agendas and Minutes • Invoices • Monthly Status/Progress Reports • Public Outreach Concept Plans and Drawings • Public Outreach Materials AGENCY AND UTILITY COORDINATION STAKEHOLDER COMMUNICATION • We will engage with the project stakeholders during the early phase of work. The BKF team will reach out and communicate with the project stakeholders, and update the contact person as necessary. As part of this effort, we will: • Make necessary contacts with districts, parks and recreation or other involved agencies concerning facilities to determine design requirements for the construction of new facilities and structures. • Coordinate with all affected agencies, including school districts, utilities, irrigation districts and government agencies, as necessary. • Communicate with property owners as necessary. C y of Sea 3each 4 c ,es fc °r000sa s for C� Ca �-cfess c-a ;so o res 16 �� COMPANY QUALIFICATIONS UTILITY RESEARCH AND COORDINATION • Our standard practice when starting a new project is to engage the utility companies early in the project, and pro-actively work with them to protect their utilities, or to determine ideal relocation routes. We start by establishing the lines of communication with utility companies present within the project area, such as City of Seal Beach Municipal Utilities Company, Southern California Gas Company, Southern California Edison and coordinate with the City of Seal Beach Public Works Department as needed, by sending out Utility "A" Letters requesting for their record drawings and as-builts. Once we have received all the as-builts and record drawings from each agency, we will incorporate the existing facilities into the utility base mapping in AutoCAD format. Upon completion of the utility base mapping, we will schedule a meeting simultaneously with all third-party utility companies in an "all-hands" meeting. At that meeting, we will present the project and identify utilities needing relocation. Most importantly, we will discuss the timeline for when the utility requires relocation to maintain the project schedule. At this "all-hands" utility meeting, these utility companies are able to coordinate with each other and find opportunities to be in joint relocations reducing their construction costs and reduce their relocation schedules. We will distribute the Utility "B" Letters with the composite utility plans, and request that they confirm their existing and future facilities. All the gathered utility information will update our comprehensive utility map and matrix that were used to supplement the project base sheets to provide a complete existing utility base. This level of effort will minimize construction costs and ensure the correct placement of the proposed improvements. As part of the utility coordination work, we will: • Review and update as-built utility information • Request utility mapping from all affected utility owners • Update base mapping with existing utility information • Based on our understanding of the utilities and the impact of our project on those utilities, we are not anticipating needing any potholing • Submit utility maps to impacted utility owners for verification • Identify potential utility conflicts • Coordinate the above work with the utility owners AGENCY & UTILITY COORDINATION- DELIVERABLES • Utility Map and Matrix • Utility Notification Letters • Meeting Agendas and Minutes • Utility Meetings • Existing Conditions Base Mapping PRELIMINARY ENGINEERING DESIGN SURVEY: BKF will establish project survey controls, both vertically and horizontally, on the City datum and will set panels for the aerial survey. In areas where more detailed surveying will be required, BKF field crews will conduct a supplemental survey to gather information on critical points (i.e., CL, BCR, ECR, flow lines, edge of gutter) grades, utility structures, and other items necessary to complete the design. In addition, using available record information, BKF will review, research, and tie-in the existing right of way for the project limits. Our survey crews utilize Leica and Trimble robotic total stations, Trimble R10 GPS receivers, and a Leica C10 & P40 high-definition laser scanner. With the use of Leica P40 HDS Scanners, BKF has the ability to collect high resolution point cloud data at 1,000,000 points per second. The data gathered allows the ability to create 3-dimensional models of projects, including as-built surveys, topographical site surveys, roadway and highway surveys, ADA surveys, buildings, bridges, striping, and utility plants. C=y of Sea 3eaco Regoes for Pr000sa s for On Ca °, fess cna 3 ces (eus sco'-es 17 �� COMPANY QUALIFICATIONS - Review plans - Calculate search ties for existing corners - Research maps and deeds of record - Calculate offset points - Field surveys to tie out found points to - Calculate record documents - Prepare cut sheets control net - Locate field evidence of property - Collect as-built stake location - Adjustment of data corners and movements - Perform field staking - Resolve discrepancies between record - Boundary information data&found evidence - Plot title exceptions&easements Review title reports provided - Prepare hardcopy of title information, - Review data provided by the City found evidence and resolved boundary - Topo,as-built and monitoring surveys - Research maps of record - High speed data capture for future - Research City/County road files/ - Review City right of way requirements manipulation and extraction available field notes - Prepare appraisal maps and - Geo-reference using onsite - Research Caltrans records individual plats project control - Calculate record information to identify - Prepare property descriptions - 3-D models title conflicts and plats - Utilizes Leica C10&P40 - Monument right of way High-Definition Scanners - - Identify horizontal and vertical Prepare Record of Survey control datum - Provide accurate,fast and efficient - Reconnaissance of existing control - Determine best method for results for topographic surveys and - Pre—planning of static survey topographic(topo) mapping based on construction staking - Field observations client's needs - Adaptable to project needs - Post process data - If aerial mapping, provide photo - Provides highly repeatable results - Prepare GPS Control Report control utilizing RTK or fast static GPS - Perform on the ground topo mapping RECORDS RESEARCH AND FIELD REVIEWS • We will perform site visits with the City Staff, especially its Maintenance Crew and the Design Team, to identify key issues and concerns, that may not be as apparent. This is the opportunity to not only identify key issues and concerns, but identify and determine the scope and limits of work. To minimize construction cost, we will work closely with the City staff to identify critical items of work and satisfy the City's vision in revitalizing its community. We will create an inventory of the field conditions, identifying areas that are non-ADA compliant to make recommendations to satisfy the standard requirements. As part of this task, a Field Condition Assessment Memo and a Photo Diary will be prepared and submitted. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM COMPLIANCE • If required, our team can prepare an NPDES compliance memo which identifies the applicable NPDES Technical Documents and proposed Best Management Practices (BMPs). Possible Technical Documents may include, but are not limited to, a Water Quality Management Plan, Storm Water Pollution Prevention Plan (SWPPP), or Storm Water Pollution Control Program (WPCP) as required by the Regional Water Quality Control Board, Caltrans, or other state and federal agencies. A draft NPDES compliance memo will be submitted to the City for review and comments. Upon receiving of the review comments, the comments will be incorporated into the final NPDES compliance memo. Following NPDES compliance concurrence, the prescribed NPDES Technical Documents will be prepared. PAVEMENT INVESTIGATION • On pavement rehabilitation projects, our Team will initially perform visual inspections. Based on the visual inspection of the existing pavement, we will identify the cause of any pavement failure such that an effective reconstruction/rehabilitation strategy can be developed. We will explore the site's subgrade soil condition and provide recommendations for the structural pavement section, as well as grading requirements for construction of the pavement, curb, gutter, and sidewalk. City of Se& Beach I Request for Proposals for On-Cali Professional Services for Various Disciplines 18 // COMPANY QUALIFICATIONS GEOTECHNICAL INVESTIGATION • BKF Engineers subconsultant, Ninyo and Moore, will provide, based on literature review, field explorations, laboratory testing, engineering analyses, and constructability reviews. The field exploration type, equipment, location, depth, and sampling pattern will be carefully selected so that required data is collected in an efficient manner. We will develop design solutions that are innovative yet practical and readily constructible, considering site constraints, design requirements, existing subsurface conditions, and long-term performance. Should on-site infiltration using BMP facilities is planned, we will evaluate the percolation characteristics of the site soils using appropriate site-specific percolation tests. The feasibility evaluation of the proposed BMP facilities should appropriately address the depth to groundwater and settlement/hydro collapse concerns of underlying soils. We will prepare and submit the Draft and Final Geotechnical Investigation Report, as well as the electronic version to the City. HYDROLOGY/HYDRAULICS/DRAINAGE IMPROVEMENTS • Based on the needs of a project, our Team will initiate the drainage design by performing a hydrology study of the drainage areas tributary to the project area. The hydrology study will typically consist of a Rational Method analysis performed with software developed by Advanced Engineering Software (AES).The software was designed to accept watershed data and perform Rational Method analyses in accordance with the Orange County Department of Public Works Hydrology Manual.The hydrology study will determine 10- and 25-year peak discharges at locations critical to flood water management. Projects will be evaluated with respect to current water quality requirements as defined by the County's National Pollutant Discharge Elimination System (NPDES) Permit as issued by the Los Angeles Regional Water Quality Control Board. Once the requirements are established, preliminary plans for the implementation of storm water quality Best Management Practices (BMPs) will be developed in parallel with the design of the flood control elements of the Project.This parallel approach will result in an integrated water quality and flood control plan. DRAFT CONCEPT PLANS • BKF will prepare the Draft Concept Plans that includes the critical elements of the project. These conceptual plans will depict the various design alternatives and aesthetic options the City will select from to progress to the Final Design. With the budget permitting, a 3D visualization in support of public presentations and council meetings may be developed. Photosimulations (a technique in which proposed conditions are superimposed on photographs) shall be used to convey the various alternatives to City Council and project stakeholders. We will capture ground and aerial photography, which the City will be able to provide input on the preferred ground and aerial perspective for use in the photosimulations. The exhibits shall include: • Existing and proposed view from an aerial perspective • Existing and proposed view from a ground perspective INITIAL STUDY • BKF Subconsultant, LSA, will prepare an Initial Study briefly summarizing the proposed project, the existing project setting, and potential project impacts related to each of the environmental resource topics contained in the Environmental Information Form, which is provided as Appendix G of the CEQA Guidelines. The purpose of this Initial Study will be to provide the City with express findings related to each of these thresholds, thereby providing the City with the information needed to decide whether a Categorical Exemption is applicable to the proposed project. Otherwise if the Initial Study determines the Project may have significant impacts requiring mitigation then the Initial Study will serve as the basis for an IS/MND. FINAL ENGINEERING We will advance the preliminary concept plans to the final design level that have been reviewed and selected by the City. Cty cf Sea Beach I Request fcr Proposa s for On-Ca i °ofesslonal Serv:ces for Vanous D:sco,lnes 19 dia COMPANY QUALIFICATIONS PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES Building on the Preliminary Engineering efforts, the Team will develop, as necessary, the following Construction Documents. Prepared to provide an overview of the project limits and Developed and will be alternating to ensure foot-candle an index of project sheets. requirements are satisfied. Plans will include conductor/ pullbox sizes and locations and service point location. Prepared to depict significant changes to the roadbed geometry and roadway features. Developed by landscape architect and will show the location and type of landscaping and irrigation system Included in the construction plan documents for City proposed for the project. These plans will reflect the requirements, such as general traffic control, BMPs, are planting palette approved by the City. clearly conveyed and satisfied by the contractor. Prepare and incorporate the findings of the Drainage These plans will show roadway improvements including Analysis and stormwater treatment in the plan and geometry, profiles, curb ramp locations, sidewalk profile on the drainage sheets. improvements and pavement reconstruction areas. Prepared for intersections and may,if the City necessitates, Identify various elements of work which require include mounting bicycle pedestrian signal heads on additional detail or enlarged scales such as custom curb the traffic poles, rewiring of the intersection and the ramps and sidewalk transitions. installation of new conduit for the bicycle pedestrian signalization, in conformance with Caltrans standards and MUTCD guidelines. Show the new signage and striping needs to incorporate . _ the new improvements based on Manual Uniform Traffic. TRAFFIC CONTROL PLA Control Devices (MUTCD) standard requirements, and include striping for off-site parking stalls. Prepare. tra` t engineer, showing the logical sequence of the order of work. Traffic control plans will be developed for each stage of construction. Traffic Show the existing utilities as well as any relocations control plans in conformance with MUTCD guidelines necessary due to the improvements associated with will show construction area signs, lane closures, and the project. work zone areas of sufficient size to allow the Contractor to work efficiently. COST ESTIMATES The BKF team will develop a line item cost estimate matching the measurement and payment clauses in the specifications that will be used as the baseline estimate for the project throughout the design and into construction. Detailed construction cost estimates and quantity calculations will be submitted as part of each milestone PS&E submittal packages. SPECIFICATIONS We will prepare the specifications for all work items necessary for the construction of the Project. BKF will assemble data and assemble the appropriate Special Provisions consistent with County, State, Federal, and funding regulations. City of Sea,Beach i Request for Proposals for 11111 On-Call Professional Services for Various Disco nes 20 COMPANY QUALIFICATIONS GRANT SERVICES BKF's grants and funding team will oversee the successful completion of any grant funding plan from beginning to end. This is accomplished by employing our version of a tactical 4-step approach as outlined below. Using these methods, the team effectively cuts costs and maximizes client time by building a solid foundation of funding support for each project or program. This foundation allows the team to write a myriad of proposals (federal, state, municipal, foundation) that build on or complement one another and allows the team to quickly and efficiently draw from previous proposals rather than reinventing the wheel every time a new grant begins. This efficiency results in cost savings for the City as we develop detailed templates for each project that can be used for multiple grants. We have several proprietary grant-related search engines and a variety of list services which enhance our research and ability to track and forecast all federal, state, local, and private foundation funding opportunities. We track current and upcoming grants so that we can advise our clients on feasible funding strategies that best match our client's goals and needs. After identifying viable grant opportunities, we provide on-going evaluation of the strength of the client's grant proposal based on a grant's evaluation criteria and scoring matrix. Getting to Know You BKF starts the grant process by getting to know our client and their needs.We work with them to develop a strategic and comprehensive funding plan. Factors such as the demographics of the municipality where the project is located and whether it is an urban or rural city play a large part in assessing the viability of certain grant opportunities. BKF is continually evaluating and looking out for any issues that might arise while pursuing funding. 2 Grant Funding Research & Identification BKF works with our client to review the current project funding levels and sources to determine appropriate funding targets and amounts. We contact funding agencies to review project goals, better assess grant viability, and consult with our client on which grants to pursue. BKF can prepare a grant package with several grant targets or a comprehensive grant calendar with a schedule of grant applications to develop monthly. This collaborative approach positions the client for the best possible outcome. 3 Grant Proposal Development After funding targets have been identified, BKF implements its grant proposal management system to provide a seamless proposal development and submittal process.This includes a comprehensive kick- off meeting and grant overview, with an outline of deliverables and internal/external due dates. Next, we lead the grant proposal development in collaboration with our client. Our job is to guide our client through the grant proposal process to a successful grant application submittal. 4 Grant Compliance & Management From start to finish, BKF maintains regular and consistent communication with our clients, keeping them informed on the status of their applications and the decision-making process. When grants require post award compliance, BKF can provide continued reporting, administration, and/or management on our client's behalf. :,aa ;_ • a 1101 21 REFERENCES RELEVANT PROJECT EXPERIENCE & REFERENCES WILLOW STREET PAVEMENT PROJECT, "` Long Beach, CA 'j As part of our On-Call contract, BKF Engineers prepared and submitted -,T4 " • the construction documents to the City if Long Beach for the pavement - = rehabilitation of Willow Street between San Vincente Street and Studebaker _ Road. Scope of Services include providing design services such as project management, research and field reviews, utility base mapping, plan preparations, and cost estimates. BKF is also providing bid and construction CIVIL. REFERENCE support services. City of Long Beach Thana Sathees, PE, QSD DATES OF SERVICE CLIENT/CONSULTANT INITIATED Ph. (562) 570-7513 2021 - 2023 CHANGE ORDERS None thana.sathees@longbeach.gov CONTRACT COSTS $102,550.00 STAFF ASSIGNED Chris Rideout, Sheila Amparo PICO RIVERA REGIONAL BIKEWAY Pico Rivera, CA f- BKF Engineers is leading the civil design for the Pico Rivera Bikeway t.- Project, a 1.5-mile bicycle facility that will add a connection over the A:`q San Gabriel River. The project includes a Class I bike path along Mines Ave. from the Rio Hondo Channel to the San Gabriel River, a new bridge , U structure located north of Mines Ave. spanning the San Gabriel River and Class I and II bike lanes along Dunlap Crossing Rd. from the San CIVIL REFERENCE Gabriel River to Norwalk Blvd. Additionally, there is a complete streets City of Pico Rivera improvement along Mines Avenue from the Rio Hondo Channel to the San Kenner Guerrero Gabriel River. The improvements on Mines Ave. include but are not limited Ph. (562) 801-4351 to: pavement reconstruction; installation of bioswales; reconfiguration kguerrero@pico-rivera.org of parking lanes; upgrading street lights; traffic signal modifications at Rosemead Blvd and Mines Ave; and landscaping. DATES OF SERVICE • Additional Geotechnical borings within the river, 2018 - 2023 which requires additional environmental permitting. • Additional potholing for utilities CONTRACT COSTS ■ Design changes to Mines Avenue after 95% $1,051.041 deliverables. CLIENT/CONSULTANT INITIATED CHANGE ORDERS Total Change Order Cost: $467,446 • CEQA scope modified to include parking study and STAFF ASSIGNED traffic circulation, and focused biological surveys for Chris Rideout, Sheila Amparo, Bobby Lin, Roger Chung, a rare plant when the jurisdictional determination Dan Villines, Nate Parker identified the sensitive plants within the project area. • NEPA scope modified to include the full Natural Environmental Study (NES) due to the acreages of temporary impacts to the San Gabriel River. Cary of Sea' Beacn Reques:for Proposes for On-Ca' °-ofess one Seru ces for'ianous 9•sc c-nes 22 REFERENCES LOS ALISOS BOULEVARD/MUIRLANDS BOULEVARD INTERSECTION IMPROVEMENTS PROJECT, Lake Forest, CA • The intersection of Los Alisos Boulevard and Muirlands Boulevard is within ___ a residential and community/regional park area, with Los Alisos Boulevard T _� classified as a Major Arterial and Muirlands Boulevard as a Primary Arterial =- =!°`-� With Muirlands being heavily travelled and used as an alternate route to the Interstate 5-Freeway during peak hours, the City saw the need and intends to construct second left turn lanes for all legs of the intersection. In order CIVIL. REFERENCE to accommodate the dual left lanes for the Los Alisos Boulevard/ Muirlands City of Lake Forest Boulevard Intersection Improvements Project.. With the build-out conditions Tran Tran, PE, TE at the intersection of Los Alisos Boulevard and Muirlands Boulevard, the Ph. (949) 467-3485 opportunities for the widening occur on the east side of Muirlands Boulevard ttran@lakeforest.gov impacting the Los Alisos Intermediate School and El Toro Park on the upstream side of the Muirlands Bridge over the Los Alisos Creek. DATES OF SERVICE ■ Right of way services for permanent acquisitions and 2021 - Ongoing temporary easements on additional properties. ■ Implementation of water quality infiltration system CONTRACT COSTS • Addition of 3-Dimensional renderings for the school $297,733.00 and proposed pedestrian bridges CLIENT/CONSULTANT INITIATED CHANGE ORDERS Total Change Order Cost: $190,365 • On-site improvements for the Los Alisos Intermediate STAFF ASSIGNED School, such as the addition of ADA access path to Chris Rideout, Sheila Amparo, Bobby Lin, Roger Chung, the school, construction of retaining walls, installation Dan Villines, Nate Parker of wrought iron fences. VIA MONTEGO STORM DRAIN EXTENSION, �' l� San Clemente, CA Staff with BKF Engineers provided services for the design of approximately 1,200 linear feet of storm drain pipe and new catch basins along Via ati Montego and Cascadita in the City of San Clemente, CA. The purpose of the project was to collect and convey runoff that presently flooded the intersection of the two streets. The project used RCP storm drain, including a 100-foot length of jack-and-bore installation beneath an existing STORM DRAIN & WATER RESOURCES. REFERENCE pedestrian undercrossing of Via Montego. Installations depths varied from approximately five feet to 20 feet. Services included hydrology and hydraulic City of San Clemente studies, alternative analyses and presentations, project report preparation, Amir Ilkhanipour, PE and the preparation of final PS&E documents. Ph. (949) 361-6140 DATES OF SERVICE CLIENT/CONSULTANT INITIATED IlkhanipourA@sanclemente.org 2017 - 2020 CHANGE ORDERS None CONTRACT COSTS $786,000 STAFF ASSIGNED Roger Chung, Dan Villines C ty of Sea ?each Reaves'for a.000sas fo, On Carl a-ofess,ona! Serv,ces for Various C sc.ol nes 23 Alra REFERENCES GALAXY DRIVE EMERGENCY STORM DRAIN, STORM DRAIN & WATER Newport Beach, CA RESOURCES. REFERENCE City of Newport Beach Following the prolonged 2022-2023 storm season, the rear slope of the Dr. Robert Stein, PE property at 1930 Galaxy Drive, Newport Beach, CA experienced a landslide Ph. (949) 644-3322 into the adjacent Upper Newport Bay. The landslide permanently damaged rstein@newportbeachca.gov an existing storm drain line that collected flow from the surrounding development and conveyed it to the bay. Dan Villines was tasked by the Assistant City Engineer to develop an interim storm drain plan that bypassed stormwater around the landslide area. Additional work included the development of two alternatives for the permanent rerouting of storm water to alternative discharge points in the bay. Preliminary plan and profiles were developed for each alternative along with construction cost estimates. DATES OF SERVICE CLIENT/CONSULTANT INITIATED 2020 - 2022 CHANGE ORDERS None CONTRACT COSTS $25,000 STAFF ASSIGNED Chris Rideout, Dan Villines DEL AMO STORM DRAIN CHANNEL, 1-196 • Torrance, CA The existing Del Amo Storm Drain Channel begins immediately downstream , \- NW41711140,. of Del Amo Boulevard in the City of Torrance. The Channel is the City's 1 continuation of the LA County Flood Control District (LACFCD) Facility. \ ~ BKF was selected to investigate the Channel conveyance requirements and develop alternatives. In conjunction with the engineering design, STORM DRAIN & WATER BKF is assisting in the preparation of the California Environmental Quality RESOURCES. REFERENCE Act (CEQA) document through environmental impact evaluations and coordinating permits with the County to allow for the connection of the City of Torrance Project to the existing LACFCD channel. Wilson Mendoza Ph. (310) 618-3052 DATES OF SERVICE CLIENT/CONSULTANT INITIATED wmendoza@torranceca.gov 2020 - Ongoing CHANGE ORDERS City of Torrance added Regulatory CONTRACT COSTS Permitting to scope of work $35,000 $116,288 STAFF ASSIGNED Chris Rideout, Dan Villines, Nate Parker Cty of Sea Beacn I Reo es'for Propose a for On-Ca °rofessiona Sew-ces fo,'va• so o'nes 24 A� REFERENCES LONG BEACH CIVIC CENTER Long Beach, CA The Long Beach Civic Center Project is a true testament of the City's effort to revitalize the main downtown core of LongBeach.This Public-Private �/f r „ �a' Partnership (P3) project integrated civic, commercial and residential rr rr development without any use of bond funds, tax measures or voter approvals. ' = T The $520 million design build, developer led project consists of new offices for the Port of Long Beach and the City, a new library, civic plaza, central utility SURVEY. REFERENCE plant, subterranean parking spaces for 469 vehicles, a 4.9 acre city park and Clark Construction mixed use development including 580 residential units, retail and 200-room Ashley Kelly hotel. BKF survey services included site control, shoring layout, settlement Ph. (714) 429-9779 monitoring, topographic survey, grid line control, and MEP control. ashley.kelly@ DATES OF SERVICE CLIENT/CONSULTANT INITIATED clarkconstruction.com 2021 - Ongoing CHANGE ORDERS BKF submitted a change order on CONTRACT COSTS the request of Clark Construction to $562,474 include additional scope that was not included in the contract agreement STAFF ASSIGNED Nate Parker, Walter Stemberga APUD GSA#4 FY 20/21, ON-CALL REAL PROPERTY SERVICES, Anaheim, CA BKF conducted field visits to meet with property owners to make . recommendations to APUD as to the feasibility of obtaining easements : ` forequipment and makingnote of the property owners reference. BKF I is preparing stamped/signed legal descriptions and plats for review and 1,-47:1 ' -J - "- ' a -L. approval by the City of Anaheim. An easement deed was prepared and SURVEY. FERENCE submitted to the City for review and approval along with documentation verifying the individuals who are authorized to grant property rights. City of Anaheim, Public Utilities Once the deed was approved, BKF obtained notarized signatures from Vinh Tran, PE approved signatories. For the Right of Entry, based on a per parcel basis, Ph. (714) 765-4273 BKF is identifying and contacting the legal property and business owners vtran@anaheim.net to obtain signatures. BKF is reviewing legal descriptions, plats, and closure calculations, and verifying signature blocks of easement deeds submitted by outside customers/agencies/firms, these documents are being reviewed for accuracy and format. DATES OF SERVICE CLIENT/CONSULTANT INITIATED 2021 - Ongoing CHANGE ORDERS None CONTRACT COSTS $277,000 STAFF ASSIGNED Chris Rideout, Sheila Amparo, Roger Chung, Dan Villines, Nate Parker, Walter Stemberga City of Seal Bead l Request for°roposals for On-Ca' ?rofess:onal Services for Various .,.,sac nes 25 • O REFERENCES fl' SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) 44446i INFRASTRUCTURE FUNDING STRATEGIES, San Luis Obispo, CA _ BKF was commissioned by the San Luis Obispo Council of Governments (SLOCOG) to undertake a Funding Strategies Assessment & Gap Analysis. This initiative was geared towards identifying funding sources to support the implementation of water, wastewater, and transportation infrastructure needs highlighted in the Housing & Infrastructure Regional Framework GRANT SERVICES. REFERENCE (Framework), which included 80 total county-wide projects. San Luis Obispo Council BKF's analysis evaluated the disparity between the cost estimate for each Of Governments (SLOCOG) project and the anticipated funding that could be obtained through various Sara Sanders financial mechanisms such as grants, bonds, loans, and tax measures. Ph. (805) 597-8052 Funding Analysis: SSanders@slocog.org • Project Assessment & Funding Requirement Determination: A thorough review and categorization of the list of underfunded Framework projects was conducted. The final project list included a diverse mix of projects, including:transportation,water, and wastewater projects. • Identification & Evaluation of Potential Funding Sources: An extensive research process was undertaken to identify potential funding sources.This included exploring a wide range of funding mechanisms, researching specific grant funding opportunities, conducting a detailed analysis of the funders' priorities and eligibility criteria, and matching projects with suitable grant funding opportunities. • Estimation of Potential Grant Funding: For each identified funding source, the probability of securing funds was assessed. This involved considering several factors such as competition, past award history, and project alignment with grant guidelines. Based on the assessment, the average grant award available for each project was calculated. Any constraints or limitations associated with the funding sources were also considered. • Calculation of the Funding Gap: After estimating the potential grant funding, the funding gap was calculated. This involved determining the total funding needed for each project, comparing it with the potential grant funding, and identifying the difference. The Funding Strategies Assessment and Gap Analysis also included a detailed grant calendar, outlining estimated funds available by quarter from various agencies. This detailed and dynamic process allowed BKF to estimate the potential grant funding for SLOCOG's Framework projects and calculate the funding gap, setting the stage for implementing strategies to bridge this gap. DATES OF SERVICE CLIENT/CONSULTANT INITIATED 2023 CHANGE ORDERS None CONTRACT COSTS $45,000 STAFF ASSIGNED Doug Fleming, Marley Mueller City of Seal Beach I Request for Proposals for 1111. On-Call Professional Services for Various sc pi nes 26 �� SUBCONSULTANT LIST PLACEWORKS Address: 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 Phone Number: 213-623-1443 Key Personnel Contact Name: Jesse Jones, CA RLA Firm Information Project Function: Landscape Architect Availability: 30% DIR Registration: 1000015355 PlaceWorks is a full-service design firm with expertise in park, open space,trails, and streetscape design,as well as award-winning practitioners of community-based design. PlaceWorks serves both public- and private-sector clients throughout the state in the fields of landscape architecture, open space planning, environmental review, Firm Profile urban design, community outreach, GIS, and comprehensive planning.Their talented, multidisciplinary team thrives on working with communities to tackle complex problems and develop workable solutions.Their portfolio includes park master planning and design,sports fields,traditional and nature play environments, green infrastructure, trails, urban design, street design, graphic design, and interpretive design. • Jerome Park Outdoor Library, City of Santa Ana Relevant Project • Stewart Park Renovation, City of Beaumont Experience • Capistrano State Beach Park Master Plan, County of Orange (OC Parks) • City of Alameda, Jean Sweeney Open Space Trail Projects with BKF • City of Concord, EBRPD Thurgood Marshall Regional Park • City of Santa Rosa, Santa Rosa Corridor Improvements NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS Address: 355 S Grand Avenue, Suite 2450, Los Angeles, CA 90071 Phone Number: 213-488-5111 Key Personnel Contact Name: Michael Putt, PG, CEG Firm Information Project Function: Geotechnical Engineering Availability: 35% DIR Registration: 1000004481 Ninyo & & Moore, a California Corporation, is a minority-owned, multidisciplinary consulting firm that provides high-quality geotechnical and environmental consulting services. The firm was incorporated in 1987 to provide consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental Firm Profile assessment.We are committed to being responsive, thorough, technically sound, and active in the business community. Ninyo & Moore has had the privilege of providing geotechnical and environmental consulting, soils and materials testing services to the County of Los Angeles on various contracts either as a prime consultant or as a subconsultant for numerous capital improvement projects. • City of Los Angeles On-Call Geotechnical/Environmental Services Relevant Project • City of Diamond Bar On-Call Geotechnical Services Experience • City of Anaheim On-Call Consulting Support for Public Works • City of Brea, Country Hills Pavement Rehabilitation • City of Chino, On-Call Engineering Projects with BKF • City of Lake Forest, Los Alisos Blvd./Muirlands Blvd. Intersection Improvements • City of Torrance , Del Amo Storm Drain Channel • City of Yorba Linda, Yorba Linda Blvd. Improvements City of Sea'Beacn Reques-for Pronosais for Or-Ca °-ofess,ona' Se'v'ces fo-Varous D Sco ,es 27 Ae SUBCONSULTANT LIST W.G. ZIMMERMAN ENGINEERING, INC. (WGZE) Address: 7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 Phone Number: 567-845-9500 Key Personnel Contact Name: Bill Zimmerman, PE,TE Firm Information Project Function: Traffic Engineering Availability: 50% DIR Registration: 1000044639 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 Firm Profile of success." 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). • Yorba Linda Boulevard Improvements (with BKF) Relevant Project • Lakewood Boulevard and Florence Avenue Intersection Widening (with BKF) Experience • Pico Rivera Regional Bikeway • City of Commerce, Atlantic Blvd. Corridor Improvements Project Projects with BKF • City of Chino, On-Call Engineering • City of Irvine, Jamboree/Barranca Intersection Improvements LSA ASSOCIATES, INC Address: 3210 El Camino Real, Suite 100, Irvine, CA 92602 Phone Number: 949-553-0666 Key Personnel Contact Name: Deborah Pracilio Firm Information Project Function: Environmental Planning Availability: 35% DIR Registration: 1000010048 LSA Associates, Inc. (LSA) is a multidisciplinary environmental consulting firm with more than 47 years of experience in helping public- and private-sector clients navigate the often-complex process of environmental review. Founded in 1976, LSA has nine offices in California with a total staff of approximately 180 full-time employees capable of fulfilling Firm Profile any project assignment, large or small. LSA has operated as a full-service environmental planning and impact assessment firm with strong in-house technical support services covering the majority of the areas necessary to prepare and/or review environmental documents, prepare and obtain regulatory permits, and provide environmental compliance monitoring during construction. • Caltrans District 7, On-Call Environmental Services Relevant Project • Caltrans District 12 On-Call Environmental Services Experience • City of Cypress On-Call Environmental Services, Cypress, CA • City of Irvine 2022-2025 Consultant Team, Irvine, CA • City of Chino, On-Call Engineering • City of Downey, On-Call Engineering Projects with BKF • City of Irvine, Jeffrey Open Space Trail Extension • City of Irvine, Jeffrey/Walnut Intersection Improvement Project • City of Lake Forest, Los Alisos Blvd./Muirlands Blvd. Intersection Improvements C-y +Sea 3eacn Reques_t 0r000sa s for On Ca �-ofesscnai Service ` yes 28 �� SUBCONSULTANT LIST AEROTECH MAPPING, INC Address: 3285 N. Fort Apache Road, Las Vegas, NV 89129 Phone Number: 619-606-5020 Key Personnel Contact Name: Michael Dauer Firm Information Project Function: Aerial Surveying Availability: 20% DIR Registration: 1000032491 AeroTech Mapping (ATM) has been supplying high-quality geospatial solutions, services, and support for the A/E/C industry since 2002.We've completed more than 13,000 projects across the United States and abroad using the latest technology and resources, combined with a highly educated and experienced staff. Our Firm Profile mission is to provide our clients with the highest quality geospatial products and ATM Services:Aerial Photography Acquisition, Photogrammetric Mapping, Digital Orthophotography, Lidar Data Collection / Processing, Volumetric Calculations, and Bathymetric Surveying. ■ City of Laguna Beach Parking Lot • City of Anaheim Pearson Park • City of Anaheim Normandy Drive Relevant Project • City of Anaheim Claudina Street and Santa Ana Street Experience • City of Anaheim Oaklawn Drive ■ City of Anaheim Wanda Drive • City of Downey USD Sites ■ City of Anaheim, Public Utilities Department, GSA #4, Park Substation Line • City of Anaheim, Public Utilities Department, GSA #5, Street Light Improvements • City of Brea, Arovista Park • City of Downey, On-Call Engineering Services Projects with BKF • City of Huntington Beach, Main Street Redesign • City of Irvine, Creekwalk from Coronado under 1-405 • City of Laguna Beach, Downtown Parking Structure • City of Long Beach, Sorrento Drive Project of sea 3eacn Reojes °roposa s for 29 /M EXCEPTIONS Our Team has reviewed the City's Agreement provided in the RFP. While we can accept the Agreement, we would like to present the following edits for your consideration. These suggestions are provided as the basis of negotiation and we would welcome the opportunity to discuss any items listed herein that may not be agreeable to the City: REMOVE TEXT IN RED: Paragraph 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. REPLACE ABOVE LANGUAGE WITH: In providing services under this Agreement, the Consultant shall perform in a manner consistent with and limited to that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement. REMOVE TEXT IN RED: Paragraph 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 of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 16.0 Safety Requirements REMOVE TEXT IN RED: All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. Sea Pa K o es-E D 000sa sfog Ca r'rerosa era Sera a' as SC C ,es 30 // EXCEPTIONS REMOVE TEXT IN RED: Paragraph 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, 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; PLEASE NOTE: Carriers do not provide certified mail or notice of cancellation or reduction. 18.0 Indemnification, Hold Harmless, and Duty to Defend REMOVE TEXT IN RED & ADD TEXT IN PURPLE: Paragraph 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, successors, AND 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 , including but not limited to REASONABLE fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of REASONABLE 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. REMOVE TEXT IN RED & ADD TEXT IN PURPLE: Paragraph 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-anall damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,judgments, penalties, bid protests, stop notices, liens, or losses , 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 Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including REASONABLE MI-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. C ty of Sea 3eacn Request fc a-oo sa s fo O i-Ca -ofesscna S ces for'.arous sc ores 31 �� CONTACT CHRIS RIDEOUT, PE (949) 526-8462 CRIDEOUT@BKF.COM BKF Engineers BKF 4675 MacArthur Court, Suite 400 // Newport Beach, CA 92660 www.bkf.com mar I /p1 [ • • te 1 .1 '.1 a �' 1 ♦ •ai,C � 11. •: 1 T. Z , - . ':, i 11111kilii -..a. ...,. ....: • - -.{.,',i 4,!. C 11,E 1'.,,' J •—,• — l t. ./ ,, - FEE PROPOSAL CITY OF SEAL BEACH RFP On-Call Professional Services - Professional Engineering/ Design/Management Services - Roadway Rehabilitation & Geometric Design, Survey, Storm Drain System, Conveyance, Facilities Design, and Water Quality/Resources Services, and Grant Services BKF APR I L 24, 2024 '� FEE PROPOSAL BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE EFFECTIVE FOR DURATION OF INITIAL 3-YEAR CONTRACT CLASSIFICATION HOURLY RATE PROJECT MANAGEMENT Principal $311.00 Senior Associate Principal $288.00 Associate Principal $281.00 Senior Project Manager I Senior Technical Manager $273.00 Project Manager I Technical Manager $268.00 Engineering Manager I Surveying Manager I Planning Manager $246.00 TECHNICAL STAFF Senior Project Engineer I Senior Project Surveyor I Senior Project Planner $229.00 Project Engineer I Project Surveyor I Project Planner $201.00 Design Engineer 1 Staff Surveyor I Staff Planner $175.00 BIM Specialist I, II, Ill $175.00 - $201.00 - $229.00 Technician I, II, III, IV $167.00 - $177.00 - $195.00 - $209.00 Drafter I, II, III, IV $131.00 - $143.00 - $155.00 - $172.00 Engineering Assistant I Surveying Assistant I Planning Assistant $109.00 FIELD SURVEYING Survey Party Chief $229.00 Instrument Person $196.00 Survey Chainperson $147.00 Utility Locator I, II, III, IV $119.00 - $169.00 - $203.00 - $231.00 Apprentice I, II, III, IV $91.00 - $122.00- $134.00 - $142.00 CONSTRUCTION ADMINISTRATION Senior Consultant $298.00 Senior Construction Administrator $261.00 Resident Engineer $194.00 Field Engineer I, II, Ill $175.00 - $201.00 - $229.00 FUNDING &GRANT MANAGEMENT Director of Funding Strategies $214.00 Funding Strategies Manager $196.00 Funding/Research Analyst I, II, III, IV $134.00 - $155.00 - $166.00 - $181.00 PROJECT ADMINISTRATION Project Coordinator $146.00 Senior Project Assistant $126.00 Project Assistant $111.00 Clerical I Administrative Assistant $93.00 Expert witness rates are available upon request. Subject to the terms of a services agreement: • Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance;transportation on public carriers;meals and lodging;and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date.Interest will be charged at 1.5%per month on past due accounts. • The classification rates in this fee proposal will remain in effect as shown for the initial 3-year agreement. If there is an extension granted on this agreement, BKF will submit updated rates for the City to consider for the extension period. City of Seal Beach I Request for Proposals for On-Call Professional Services for Various Disciplines �� FEE PROPOSAL PLACEWORKS PlaceWorks—2024 Fee Schedule STAFF LEVEL HOURLY BILL RATE Principal $210—$335 Associate Principal $195—$285 Senior Associate II $170—$270 Senior Associate I $160—$230 Associate II $135—$200 Associate I $125—$185 Project Planner $105—$175 Planner $90—$155 Graphics Specialist $90—$165 Administrator $145—$245 Clerical/Word Processing/Technical Editor $45—$165 Intern $80—$125 Subconsultants are billed at cost plus 10%Mileage reimbursement is at the standard IRS-approved rate. 2024 Stdfeesch 01-09-24 SealBeach City of Seal Beach I Request for Proposals for On-Call Professional Services for Various Disciplines Arai FEE PROPOSAL Schedule of Fees Hourly Charges for Personnel Professional Staff Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist . $ 250 Senior Engineer/Geologist/Environmental Scientist $ 235 Senior Project Engineer/Geologist/Environmental Scientist . $ 220 Project Engineer/Geologist/Environmental Scientist $ 210 Senior Staff Engineer/Geologist/Environmental Scientist $ 200 Staff Engineer/Geologist/Environmental Scientist $ 180 GIS Analyst $ 160 Technical Illustrator/CAD Operator $ 140 Field Staff Certified Asbestos/Lead Technician $ 220 Field Operations Manager. $ 150 Nondestructive Examination Technician(UT,MT,LP) $ 145 Supervisory Technician $ 140 Special Inspector(Concrete,Masonry,Structural Steel,Welding,and Fireproofing). . $ 135 Senior Technician $ 135 Technician $ 130 Administrative Staff Information Specialist . $ 120 Geotechnical/Environmental/Laboratory Assistant $ 120 Data Processor $ 95 Other Charges Concrete Coring Equipment(includes technician). . $ 190/hr Anchor Load Test Equipment(includes technician) . . $ 190/hr GPR Equipment $ 180/hr Project Labor Agreement Fees $ 19/hr Hand Auger Equipment. . .. $ 80/hr Rebar Locator(Pachometer) $ 25/hr Vapor Emission Kit $ 65/kit Field Testing Equipment $ 12/hr X-Ray Fluorescence . $ 70/hr PID/FID $ 25/hr Air Sampling Pump .. . $ 10/hr Field Vehicle . $ 15/hr Expert Witness Testimony $ 450/hr Direct Expenses Cost plus 15 Special equipment charges will be provided upon request. Notes Technicians and special inspectors,are charged at a 4-hour minimum,and 8-hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday.Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day,all day Sunday and on holidays. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project,as applicable. The terms and conditions are included in Ninyo&Moore's Work Authorization and Agreement form. Iy'inqo&*our e Geotechnical&Environmental Sciences Consultants Ninyo&Moore I City of Seal Beach On-Call Professional Services 104-04,180 I April 17,2024 CA16 City of Seal Beach I Request for Proposals for grilt agraiOn-Call Professional Services for Various Disciplines FEE PROPOSAL Schedule of Fees for Laboratory Testing SOILS CONCRETE Atterberg Limits,D 4318,CT 204 $ 170 Compression Tests,6x12 Cylinder,C 39 $ 35 California Bearing Ratio(CBR),D 1883 $ 550 Concrete Mix Design Review.Job Spec $ 300 Chloride and Sulfate Content,CT 417&CT 422 $ 175 Concrete Mix Design,per Trial Batch,6 cylinder,ACI $ 850 Consolidation,D 2435,CT 219 $ 300 Concrete Cores,Compression(excludes sampling),C 42 $ 120 Consolidation,Hydro-Collapse only,D 2435 $ 150 Drying Shrinkage,C 157 $ 400 Consolidation-Time Rate,D 2435,CT 219 $ 200 Flexural Test,C 78 $ 85 Direct Shear-Remolded,D 3080 $ 350 Flexural Test,C 293 $ 85 Direct Shear-Undisturbed,D 3080 $ 300 Flexural Test,CT 523 $ 95 Durability Index,CT 229 $ 175 Gunite/Shotcrete,Panels,3 cut cores per panel and test,ACI $ 275 Expansion Index,D 4829,IBC 18-3 $ 190 Lightweight Concrete Fill,Compression,C 495 $ 80 Expansion Potential(Method A),D 4546 $ 170 Petrographic Analysis,C 856 $2,000 Geofabnc Tensile and Elongation Test.D 4632 $ 200 Restrained Expansion of Shrinkage Compensation $ 450 Hydraulic Conductivity,D 5084 $ 350 Splitting Tensile Strength,C 496 $ 100 Hydrometer Analysis,D 6913,CT 203 $ 220 3x6 Grout,(CLSM),C 39 $ 55 Moisture,Ash,&Organic Matter of Peat/Organic Soils $ 120 2x2x2 Non-Shrink Grout, C 109 $ 55 Moisture Only,D 2216,CT 226 $ 35 Moisture and Density,D 2937 $ 45 ASPHALT Permeability,CH,D 2434,CT 220 $ 300 Al'Voids,T 269 $ 85 pH and Resistivity,CT 643 $ 175 Asphalt Mix Design,Caltrans(incl.Aggregate Quality) $4,500 Proctor Density D 1557,D 698,CT 216,AASHTO T-180 $ 220 Asphalt Mix Design Review,Job Spec $ 180 Proctor Density with Rods Correction D 1557 $ 340 Dust Proportioning,CT LP-4 $ 85 R-value,D 2844,CT 301 $ 375 Extraction,%Asphalt Inducing Gradation,D 2172,CT 382 $ 250 Sand Equivalent,D 2419,CT 217 $ 125 Extraction,%Asphalt without Gradation,D 2172,CT 382 $ 150 Sieve Analysis,D 6913,CT 202 $ 145 Film Stripping,CT 302 $ 120 Sieve Analysis,200 Wash,D 1140,CT 202 $ 100 Hveem Stability and Unit Weight D 1560,T 246,CT 366 $ 225 Specific Gravity,D 851 $ 125 Marshall Stability,Flow and Unit Weight,T 245 $ 240 Thermal Resistivity(ASTM 5334,IEEE 442) $ 925 Maximum Theoretical Unit Weight,D 2041,CT 309 S 150 Triaxial Shear,C.D,D 4767,T 297 $ 550 Moisture Content,CT 370 $ 95 Triaxial Shear,C.U.,w/pore pressure,D 4767,T 2297 per pt $ 450 Moisture Susceptibility and Tensile Stress Ratio,T 238,CT 371 $1,000 Tnaxel Shear,C.U.,w/o pore pressure,D 4767,7 2297 per pt $ 350 Slurry Wet Track Abrasion,D 3910 $ 150 Triaxial Shear,U.U.,D 2850 $ 250 Superpave,Asphalt Mix Verification(ind.Aggregate Quality) $4,900 Unconfined Compression,D 2166,T 208 $ 180 Superpave,Gyratory Unit Wt,T 312 $ 100 Superpave,Hamburg Wheel,20,000 passes,T 324 $1.000 MASONRY Unit Weight sample or core,D 2726,CT 308 $ 100 Brick Absorption,24-hour submersion,5-hr boiling,7-day,C 67 $ 70 Voids in Mineral Aggregate,(VMA)CT LP-2 $ 90 Brick Compression Test,C 67 $ 55 Voids filled with Asphalt,(VFA)CT LP-3 $ 90 Brick Efflorescence,C 67 $ 55 Wax Density,D 1188 $ 140 Brick Modulus of Rupture,C 67 $ 50 Brick Moisture as received,C 67 $ 45 AGGREGATES Brick Saturation Coefficient,C 67 $ 60 Clay Lumps and Friable Particles,C 142 $ 180 Concrete Block Compression Test,8x8x16,C 140 $ 70 Cleanness Value,CT 227 $ 180 Concrete Block Conformance Package,C 90 $ 500 Crushed Particles,CT 205 $ 175 Concrete Block Linear Shrinkage,C 426 $ 200 Durability,Coarse or Fine,CT 229 $ 205 Concrete Block Unit Weight and Absorption,C 140 $ 70 Fine Aggregate Angularity,ASTM C 1252,T 304,CT 234 $ 180 Cores,Compression or Shear Bond,CA Code $ 70 Flat and Elongated Particle,D 4791 $ 220 Masonry Grout,3x3x6 prism compression,C 39 $ 45 Lightweight Particles,C 123 $ 180 Masonry Mortar,2x2 cube compression,C 109 $ 35 Los Angeles Abrasion,C 131 or C 535 $ 200 Masonry Prism,half size,compression,C 1019 $ 120 Material Finer than No.200 Sieve by Washing,C 117 $ 90 Masonry Prism,Full size,compression,C 1019 $ 200 Organic Impunties,C 40 $ 90 Potential Alkali Reactivity,Mortar Bar Method,Coarse,C 1260 $1.250 REINFORCING AND STRUCTURAL STEEL Potential Alkafi Reactivity,Mortar Bar Method,Fine,C 1260 $ 950 Chemical Analysis,A 36,A 615 $ 135 Potential Reactivity of Aggregate(Chemical Method),C 289 $ 475 Fireproofing Density Test,UBC 7-6 $ 90 Sand Equivalent,T 176,CT 217 $ 125 Hardness Test,Rockwell,A 370 $ 80 Sieve Analysis,Coarse Aggregate,T 27,C 136 $ 120 High Strength Bolt,Nut&Washer Conformance, Sieve Analysis,Fine Aggregate(including wash),T 27,C 136 $ 145 per assembly,A 325 $ 150 Sodium Sulfate Soundness.C 88 $ 450 Mechanically Spliced Reinforcing Tensile Test,ACI $ 175 Specific Gravity and Absorption,Coarse,C 127,CT 206 $ 115 Pre-Stress Strand(7 wire),A 416 $ 170 Specific Gravity and Absorption,Fine,C 128,CT 207 $ 175 Reinforcing Tensile or Bend up to No.11,A 615&A 706 $ 75 Structural Steel Tensile Test:Up to 200,000 tbs.,A 370 $ 90 ROOFING Welded Reinforcing Tensile Test:Up to No.11 bars,ACI $ 80 Roofing Tile Absorption,(set of 5),C 67 $ 250 Roofing Tile Strength Test,(set of 5),C 67 $ 250 Special preparation of standard test specimens will be charged at the tecnnician's hourly rate. Ninyo&Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Iin1qo& M n ote Ninyo&Moore 12021 Laboratory Testing Geotechnical&Environmental Sciences Consultants City of Seal Beach I Request for Proposals for RA On-Call Professional Services for Various Disciplines ®® FEE PROPOSAL W. G. ZIMMERMAN ENGINEERING, INC. Billing Rate Schedule Seal Beach Classification R 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 Exoenseg 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 t_a Z E. 7812 Edinger Avenue,Suite 302,Huntington Beach,CA 92647 T:714-799-1700 I F: 714-333-4712 I www.wgze.com City of Seal Beach I Request for Proposals for On-Call Professional Services for Various Disciplines FEE PROPOSAL CITY OF SEAL BEACH L SA ON-CALL PROFESSIONAL SERVICES FOR VARIOUS DISCIPLINES PRICING PROPOSAL Job Classification Hourly Rate Range '2 Environmental/Technical Services Principal $225-$400 Associate Planner/Scientist/Technical Specialist $155-$295 Senior Planner/Scientist/Technical Specialist $145-$270 Planner/Scientist/Technical Specialist $120-$195 Assistant Planner/Scientist/Technical Specialist $120-$160 Field Services Senior Field Crew/Field Crew $95-$145 Office Services Senior GIS/Graphics $170-$200 Graphics/GIS $140-$180 Office Assistant $110-$165 Project Assistant $120-$175 Senior Technical Editor $140-$170 Word Processor/Technical Editor $120-$150 The hourly rate for work involving actual expenses in court(e.g.,giving depositions or similar expert testimony)will be billed at$400 per hour regardless of job classifications. 2 These rates are valid for the first three years of the contract(June 30,2027). Adjustments may be made to rates consistent with the provisions of the contract. LSA IN-HOUSE DIRECT EXPENSES 1 Description Unit Cost Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11)Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17)B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17)Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost Plotting $3.75 per sq ft Boat Rental Cost Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage -On-Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage -Off-Road Current federal rate Wildlife Camera $25.00 per day GPS Unit $75.00 per day Outside Reproduction Cost 1 Direct costs shall be reimbursed at cost plus 10 percent. City of Seal Beach I Request for Proposals for PIS On-Call Professional Services for Various Disciplines // FEE PROPOSAL AeroTech Mapping Inc. Ilk City of Seal Beach Engineering On-Call AEROTECH MAPPING,INC. Cost Proposal Summary DIRECT LABOR Classifications Fully Burdened Fully Burdened Fully Burdened 2024 2025 2026 Principal $205.43 $211.59 $217.94 Project Manager $166.61 $171.60 $176.75 Licensed Survey Manager $164.33 $169.26 $174.34 Flight Crew- Manager $173.77 $178.98 $184.35 Flight Crew- Pilot $128.68 $132.54 $136.52 AeroTriangulation & Calibration $130.22 $134.13 $138.16 Certified Photogrammetrist (Mapper) $178.77 $184.14 $189.66 Stereoplotter Operator (Mapper) $157.53 $162.26 $167.13 Orthophoto Technician $99.70 $102.69 $105.78 LiDAR Technician (Classification) $151.79 $156.35 $161.04 CAD Manager $126.16 $129.94 $133.84 CAD Technician $101.45 $104.50 $107.63 Field Survey Technician $136.17 $140.25 $144.46 _Office Survey Technician $126.16 $129.94 $133.82 Secretary/Clerical $124.12 $127.84 $131.68 DIRECT AND OUTSIDE EXPENSES DESCRIPTION Quantity Unit Cost Expense Amount Aerial Image Contact Prints /JPEG Files 0 $ 3.15 $ - Paper media - 20"x30" 0 $ 5.00 $ - Plastic media - 30"x42" 0 $ 11.75 $ - Aircraft Mobilization (Flight Time) 0 $ 825.00 $ - Aircraft-Camera 0 $ 950.00 $ - Aircraft-LiDAR 0 $ 1,450.00 $ - City of Seal Beach I Request for Proposals for On-Call Professional Services for Various Disciplines /a 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. DATE(MMIDO/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 8/6/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Nancy FemCk AssuredPartners Design Professionals Insurance Services. LLC PHONE FAX 3697 Mt. Diablo Blvd.. Suite 230 (A/C,No,Ems:510-272-1400 mix.ma Lafayette CA 94549 ADDRESS: nancy.ferrick(@assuredpartners.com INSURERS)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:Continental Insurance Company 35289 INSURED BKFENGI-02 INSURERS:XL Specialty Insurance Company 37885 BKF Engineers INSURERC:Valley Forge Insurance Company 2100 Franklin Street, Suite 4C 20508 Oakland CA 94612 INSURER D:Property&Casualty Insurance Company of Hartford 34690 INSURER E:Transportation Insurance Company 20494 INSURER F: COVERAGES CERTIFICATE NUMBER:2113835698 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 ADDL SUER POLICY EFF POLICY EXP LTR' TYPE OF INSURANCE IN8D WVD POLICY NUMBER 01MID0IYYYY1 (MWDWYYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY Y Y 7034315572 9/1/2023 9/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 X Cross Liability MED EXP(Any Y one Person) $15,000 X x,c,u PERSONAL&ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLiC' X JECT I J LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY Y Y 7034315569 9/1/2023 9/1/2024 (COMeBINEDDtSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE _ AUTOS ONLY _ AUTOS ONLY (Per accident) $ $ A X UMBRELLALIAB X OCCUR Y Y 7034315619 9/1/2023 9/1/2024 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ D WORKERS COMPENSATION Y 72WEOKSHOZ 9/1/2023 9/1/2024 X S AND EMPLOYERS'LIABILITY Y/N T AME ERH ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDEDT NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 'If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.000.000 B Professional Liability DPR5017395 9/1/2023 9/1/2024 Per Claim $5.000.000 Includes Pollution Liability i Annual Aggregate $7.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Umbrella/Excess Liability policy is follow-form to underlying General Liability/Auto Liability/Employer's Liability. BKF job#P20240623-01.On-Call Professional Engineering Services. City of Seal Beach,its elected and appointed officials,officers,employees,agents,servants,volunteers,and those City agents serving as independent contractors in the role of City officials are named as an additional insured as respects general liability and auto liability as required per written contract.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). SEVERABILITY OF INTERESTS Separation of Insureds-Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Coverage Part to the first Named Insured,this insurance applies: See Attached... 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 21 1 -8th Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BKFENGI-02 LOC#: ACCRD® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED AssuredPartners Design Professionals Insurance Services,LLC BKF Engineers 2100 Franklin Street,Suite 4C POLICY NUMBER Oakland CA 94612 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE a.As if each Named Insured were the only Named Insured;and b.Separately to each insured against whom claim is made or suit is brought. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract;or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037; or B. additional insured coverage with"arising out of"language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. p, Ill. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. R, IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage,or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;and 2. supervisory, inspection, architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 7034315572 Page 1 of 2 Valley Forge Insurance Company Effective Date: 09/01/2023 Insured Name: BKF Engineers Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 7034315572 Page 2 of 2 Valley Forge Insurance Company Insured Name: BKF Engineers Effective Date: 09/01/2023 Copynght CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3. Additional Insured—Extended Coverage 4. Boats 5. Bodily Injury—Expanded Definition 6. Broad Knowledge of Occurrence/Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability—Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability—Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage—Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation—Blanket 27. Wrap-Up Extension: OCIP, CCIP or Consolidated (Wrap-Up) Insurance Programs CNA74858XX(1-15) Policy No: 7034315572 Page 1 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers,Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by,on behalf of, or for the Named Insured, including but not limited to: CNA74858XX(1-15) Policy No: 7034315572 Page 2 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. G. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction,erection,or removal of elevators;or c. the ownership, maintenance or use of any elevators covered by this insurance;or CNA74858XX(1-15) Policy No: 7034315572 Page 3 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED—EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual,then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX(1-15) Policy No: 7034315572 Page 4 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part;or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise,which provides coverage to such organization, or which would have CNA74858XX(1-15) Policy No: 7034315572 Page 5 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: CNA74858XX(1-15) Policy No: 7034315572 Page 6 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX(1-15) Policy No: 7034315572 Page 7 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 0 9/01/2 02 3 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location"means: 1. a premises the Named Insured owns or rents;or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables,the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit,depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A—Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX(1-15) Policy No: 7034315572 Page 8 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 0 9/01/2 0 2 3 Insured Name:BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act,error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Oi Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX(1-15) Policy No: 7034315572 Page 9 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a), (b), (c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX(1-15) Policy No: 7034315572 Page 10 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense,first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c.above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured's co-venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co- venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement(if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858XX(1-15) Policy No: 7034315572 Page 11 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3)and (4)of this exclusion do not apply to property damage to: i. tools,or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs(3)and (4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Policy No: 7034315572 Page 12 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name:BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto,aircraft or watercraft; d. property in transit;or e. any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds$1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX(1-15) Policy No: 7034315572 Page 13 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX(1-15) Policy No: 7034315572 Page 14 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX(1-15) Policy No: 7034315572 Page 15 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY-LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX(1-15) Policy No: 7034315572 Page 16 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.)is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage,or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858XX(1-15) Policy No: 7034315572 Page 17 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 0 9/01/2 02 3 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX(1-15) Policy No: 7034315572 Page 18 of 18 Endorsement No: 6 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2023 Insured Name: BKF ENGINEERS Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Business Auto Policy Policy Endorsement DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: BKF ENGINEERS Endorsement Effective Date: 09/01/2023 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED,BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON/ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. Form No: CA 20 48 10 13 Policy No: 7034315569 Endorsement Effective Date:09/01/2023 Endorsement Expiration Date: 09/01/2024 Policy Effective Date: 09/01/2023 Endorsement No: 5; Page: 1 of 1 Policy Page: 57 of 226 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 c Copyright Insurance Services Office, Inc., 2011 CNA Business Auto Policy Policy F .)rsemen, ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Policy No:7034315569 Endorsement Effective Date:09/01/2023 Policy Effective Date:09/01/2023 Endorsement No: 12; Page: 1 of 1 Policy Page: 70 of 226 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 e Copyright CNA All Rights Reserved. CNA Business Auto Policy Policy Endorsement I WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: BKF Engineers Endorsement Effective Date: 0sro1r2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No: 7034315569 Policy Effective Date: 09/01/2023 ©Copyright Insurance Services Office, Inc., 2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72WEOK8HOZ Endorsement Number: Effective Date:09/01/2023 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: BKF Engineers 2100 Franklin Street, Suite 4C Oakland, CA 94612 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us ;ST" Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date:09/01/2024