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CC AG PKT 2010-11-08 #I
AGENDA STAFF REPORT DATE: November 8, 2010 • TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Sean P. Crumby P.E., Director of Public Works SUBJECT: APPROVE REQUEST FOR PROPOSALS FOR SEWER CAPITAL IMPROVEMENT PROJECT DESIGN SERVICES PROJECT NO. SS0901 SUMMARY OF REQUEST: The City Council is asked to approve the request for proposals (RFP) for design services for the Sewer Capital Improvement Program and authorize staff to solicit for proposals. BACKGROUND: On August 08, 2005 The City Council adopted the Sewer System Master Plan Update. This document identified approximately $14.9 million in needed capital improvements to the City's Sanitary Sewer System. The Sewer Capital Improvement Program includes; the upsizing of pipes to increase the capacity; replacement of cracked deteriorated pipes, installation of an internal liner for pipe rehabilitation and reconstruction of pump stations. See attachment. A for improvement locations. The City adjusted Sewer Rates and progressed on an annual basis to rehabilitate these deficiencies on the highest priority basis. At the July 14, 2008 City Council Meeting, Council authorized staff to pursue the State Revolving Fund (SRF) Loan administered through the State Water Resource Control Board for the Sewer Capital Improvement Program. This loan is administered at a low interest rate (typically 1 -2.5 %) and will allow the City to expedite the remainder of the projects identified within the Sewer System Master Plan Update (2005). The loan is now at the final stages of the approval. The City Attorney's office has reviewed the draft financing agreement and has made comments. The State is now completing the loan documents and has stated that the City should get a final word by the end of November 2010. Two projects are near ready and will begin as soon the loan is officially approved. Those two projects are the Ocean Agenda Item DEPARTMENT OF PUBLIC WORKS City of Seal Beach TABLE OF CONTENTS SECTION I PROJECT OVERVIEW SECTION II PROJECT BACKGROUND SECTION III SCOPE OF WORK AND FEE SECTION IV PROJECT SCHEDULE SECTION V QUALIFICATIONS SUBMISSION REQUIREMENTS SECTION VI SELECTION CRITERIA SECTION VII SUBMISSION DEADLINE SECTION VIII REQUEST FOR ADDITIONAL INFORMATION APPENDIX "A" TABLE 7 -3 & FIGURE 7 -3 APPENDIX "B" 2005 SEWER SYSTEM MASTER PLAN UPDATE APPENDIX "C" AKM LETTER DATED 10/26/09 MASTER PLAN PROJECT 22 THROUGH 28 APPENDIX "D" SAMPLE CONTRACT AGREEMENT Request for Proposal Sanitary Sewer Improvement #SS0901 DEPARTMENT OF PUBLIC WORKS City of Seal Beach SECTION I. PROJECT OVERVIEW The City of Seal Beach is requesting proposals from firms experienced in preparing full design plans, specifications and cost estimate to replace, line and upsize sewer pipelines and fully reconstruct two (2) pump stations. This document outlines the requirements, selection process and the documentation necessary to submit qualifications for this project. SECTION II. PROJECT BACKGROUND In 2005 the City of Seal Beach adopted the 2005 Sewer System Master Plan Update which analyzed the city's entire sewer infrastructure including pipelines and pump stations. The Master Plan identified sewer pipes that were cracked, infiltration, offsets or with multiple sags in the pipelines. Two of the City's pump stations are both under capacity and require a full reconstruction of wet well, housing, motors and,pumping equipment. Line Existing Pipes The existing sewer lines have been video taped and documented numerous areas that require spot repairs by reconstruction of pipe and complete lining of pipe from manhole to manhole. These pipes do not require any upsizing of pipes. They are currently adequate in size. Full Reconstruction These pipes have been identified and are beyond lining. The only method of replacement is to fully reconstruct the pipe and replace with new. Pier Pump Station Access is the primary concern at the station. There is currently no means for removing the pumps from the fiberglass holding tank, or for accessing the valves connected to the force main. To improve access, several measures are recommended. These are as follows: 1. The ramp and door landing to Ruby's Restaurant is located directly over the pump station. Placing a hatch or providing a removable floor section in the landing will not address the problem as a person could still not lean through the opening and access the pumps. Therefore, the entire ramp and landing must be reconstructed so that it may be unbolted and easily moved away, clear from the work area. 2. Install a 4' x 5' double door hatch through the pier deck, directly over the fiberglass holding tank. This will allow complete access to the pumps and piping below the pier. 3. Modify the top of the fiberglass holding tank so that the entire top may be easily removed. As designed, personnel cannot access the pump discharge piping in the holding tank to unbolt the pump for removal. Request for Proposal Sanitary Sewer Improvement #SS0901 1 DEPARTMENT OF PUBLIC WORKS City of Seal Beach 4. Install a double door access hatch through the pier deck over the check valves and isolation valves. (The proposed hatch over the holding tank may be made larger to achieve the same result if found to be more appropriate, eliminating this second hatch). There is no good solution for the grease problem. A potential solution is to re -plumb the restaurant drains to an interceptor located above - deck in the storage room adjacent to the restaurant. The restaurant is higher than the pier deck and it appears that such re- plumbing is possible. The grease tank could then be connected to the sewage pump station. The sewer from the restroom would not be routed through this tank. The City would still need to maintain the grease trap, but it would be easier to access. Please see Section 6 -2.3 page 6 -10 of the attached 2005 Sewer System Master Plan Update. 8th Street Pump Station The 8th Street Pump Station is a wet well /dry well facility located in the beach parking lot at the end of 8th Street. The station serves the entire strip of residential homes south of Ocean Avenue, and the pier. A new submersible station is recommended. Because this is one of the City's larger facilities, a dedicated standby emergency generator housed in an aboveground structure should be provided. The structure can help protect the generator and control panel from vandalism, and soften the visual affect of the station. The new pumps can be sized at about 290 gpm each. The disposition of the First Street Pump Station and Pier Pump Station should be studied prior to pump station capacity determination. A new 6- inch or 8 -inch forcemain, replacing the existing 70- year -old pipe, is also recommended. See attached letter dated October 26, 2009 subject Master Plan Project 22 through 28 and also Section 6 -2.5 page 6 -13 of the attached 2005 Sewer System Master Plan Update. Prior to commencing of any work, it is recommended to DVD each segment of sewer pipe and perform a verification of improvements. The attached Appendix "A" outlines the locations, length & diameter of pipe and defect type. Please see Table 7 -3 and Figures 7 -3. SECTION III. SCOPE OF WORK AND FEE The City desires to have final plans, specifications and cost estimate for a complete bid package for projects listed on Table 7 -3 Priority Number 6 -52. The City will furnish the boiler plate specifications. Plans shall include plan and profile for complete reconstruction of sewer pipe. Plan view plans for any lining work. Full bid plans for the Pier and 8 Street Pump Station Projects. Plans shall be scaled and in reproducible velum sheets. Specifications shall follow the City Standard plans, current Greenbook standard specifications and state and federal standards. Request for Proposal Sanitary Sewer Improvement #SS0901 2 DEPARTMENT OF PUBLIC WORKS City of Seal Beach The fee shall be broken down to number of hours, task and staff person. List all exclusions and assumptions. SECTION IV. PROPOSAL SCHEDULE The anticipated project schedule flow is as follows: 1. Proposal submission deadline 2. Shortlist of three firms from RFP 3. Consultant interview /selection period 4. Select top firm 5. Complete contract document 6. Award contract (See appendix "D" for sample) SECTION V. QUALIFICATIONS STATEMENT SUBMISSION REQUIREMENTS The city has established requirements for qualifications statement format. Qualifications statement shall be submitted in a reusable three ring binder. All pages shall be duplex copied. Submittals shall not contain plastic bindings, plastic pages, or laminated pages and shall be limited to 50 pages. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to the solicitation are not desired and may be construed as an indication of the consultant's lack of cost consciousness. Elaborate art work, expensive paper, and expensive visual and other presentations are neither necessary nor desired. For consideration, five (5) copies of the qualifications statement must be submitted containing the following elements: 1. Previous project history including the firm's specific role in the project and explanation of any litigation proceedings. Include key personnel that worked on each project listed for the firm. 2. A brief narrative which indicates the management structure of the firm, tenure of management, and ownership of the firm. 3. A narrative briefly describing the proposed approach to the project using general descriptions for the activities and how this approach will ensure timely completion of the project with minimal interruptions to the daily operations at the facility. Also, supply a work flow diagram. 4. The resumes of professional personnel who will be working on this project and their specific responsibilities. The Consultant's project manager, who will be responsible for planning, coordinating, and conducting the majority of the work, must be identified and committed to the project. The City must approve changes to key personnel committed to work on the project subsequent to award of contract. Request for Proposal Sanitary Sewer Improvement #SS0901 3 DEPARTMENT OF PUBLIC WORKS City of Seal Beach 5. A list of proposed sub - consultants, sub - contractors, suppliers, and manufacturers, including their qualifications pertinent to this project. 6: A client reference list from previous projects of similar scope and magnitude. List should include key personnel- contacts and their position with the agency. 7. Company fee schedule. 8. A disclosure of all personal, professional or financial relationships with any officer or employee of the City. SECTION VI. SELECTION CRITERIA The Statement of Qualifications will be evaluated on the following factors, but may not be limited to just these factors: Past Performance Record Experience in work of similar complexity and scale. Efficiency and timeliness in completion of projects. Experience in projects completed for public entities. Staffing Capabilities / Technical Competence Familiarity with applicable codes and regulations. Training and proven expertise in the area of work required. Approach to Work Methodology to be implemented to address and coordinate the various elements within the project. Quality Control Demonstrated ability to provide innovative and reliable solutions using state -of- the -art technologies resulting in projects with a long and maintenance free useful lifespan. Ease of Use Final report shall contain enough technical detail to satisfy the Engineering Division but also contain summaries and figures that will easily communicate its message to elected officials. Digital Capability The firm should keep in my mind how it will provide data in secondary formats for ease of developing databases. Currently, the Department uses Intuit's Quickbase, a web enabled database application, for much of its asset infrastructure. Much of the source data created by the firm may be required to also be provided in a text tab delimited or comma separated value file. Request for Proposal Sanitary Sewer Improvement #SS0901 4 DEPARTMENT OF PUBLIC WORKS City of Seal Beach SECTION VII. SUBMISSION DEADLINE In order to be considered, the Consultant must submit four responses to the RFP to the following office: Attention: Michael Ho, City Engineer City of Seal Beach Office of the City Engineer 211 - 8th Street Seal Beach CA 90740 The requested proposal must be submitted to the above office no later than 2:00 p.m. on Thursday, December 16, 2010. This RFP does not commit the City of Seal Beach to reimburse any costs incurred in the preparation of a response. The City reserves the right to accept or reject your proposal in part or its entirety. Each firm will be accountable for design plan errors or omissions that result in additional expenses to the City for corrective work. SECTION VIII. REQUEST FOR ADDITIONAL INFORMATION For answers to questions or particulars regarding this Request for Proposals, all interested parties are to contact: Michael Ho, P.E. 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'' . o tlr_ g x . *M h � 9 f t k2 > Mi+ �G9 i �s, d . x t ' f C � ' 5 e o ElPgE ptIgg a e r , n ro eg- it, ' � - m g 6 t -x r i e a@ 2a0§0 ri2c) '� Lf I �� "�����8 DEPARTMENT OF PUBLIC WORKS City of Seal Beach APPENDIX "B" 2005 SEWER SYSTEM MASTER PLAN UPDATE COPIES AVAILABLE FOR REVIEW AT: CITY CLERK'S OFFICE PUBLIC WORKS DEPARTMENT Also Copies Available at: Mary Wilson Library Rossmoor /Los Alamitos Library Leisure World Library Request for Proposal Sanitary Sewer Improvement #SS0901 7 DEPARTMENT OF PUBLIC WORKS City of Seal Beach • APPENDIX "C" AKM LETTER DATED 10/26/09 MASTER PLAN PROJECT 22 THROUGH 28 Request for Proposal Sanitary Sewer Improvement #SS0901 8 Watar LC A= Resources • Infrastructure AKM Consulting Engineers Construction 553 Wald Irvine, CA 92618 Management Telephone: 949.753.7333 Facsimile: 949.753.7320 - t October 26, 2009 City of Seal Beach 211 8 Street Seal Beach, California 90740 Attention: Mr. Michael Ho, P.E. City Engineer Subject: Master Plan Projects 22 through 28 Dear Mr. Ho: The purpose of this correspondence is to provide alternatives for Projects 22 through 28 recommended by the City's 2005 Sewer Master Plan. Background The 2005 Sewer Master Plan recommended replacement of the 8 -inch sewer lines on the Main Street Alley (between Main Street and 8 Street) with 15 -inch diameter pipes between Ocean Avenue and Electric Avenue to accommodate a flow of 400 gpm from the 8 Street Pump Station. Additionally, the sewer pipes in the Main Street Alley were ranked to be in fair, poor, and very poor condition based upon the CCTV inspection of these lines in 2002. These reaches have broken pipes, sags, service lateral break -in defects, and service laterals intruding into the sewer. It is also noted that several restaurants along the west side of Main Street drain to the Main Street Alley, creating grease problems In these lines. The City has been cleaning the sewers on Main Street Alley monthly, which prevents spills due to grease accumulation. The wastewater discharge from the 8 Street Pump Station flows through these lines and outlet to the 24 -inch sewer on Electric Avenue. Relatively large flows from the pump station also help clean these lines. 8 Street Pump Station Flows The 2005 Sewer Master Plan recommended that the 8' Street Pump Station be replaced with a new pump station having two 400 gpm pumps. It also recommended that the tributary flows be verified prior to the design of the pump station. The flows from the Pier Pump Station and the 1 Street Pump Station terminate at the 8 Street Pump Station. Additionally, the Gold Coast area, and the properties located to the south of Ocean Avenue and west of Dolphin Avenue drain to the 8' Street Pump Station. Mr. Michael Ho, P.E. City of Seal Beach October 26, 2009 Page 2 AKM Consulting Engineers conducted a field flow study on July 1, 2009 in order to identify the peak dry weather flow tributary to 8 Street Pump Station. The peak instantaneous flow into the pump station was 82 gallons per minute (gpm) for approximately 7 minutes, which is believed to coincide with flows from the 1 Street Pump Station and Pier Pump Station. Even if this is the peak dry weather flow without the pump station contributions, the peak wet weather flow from the rest of the system would be 115 gpm per the City's criterion. The capacities of the two pumps at the 8 Street Pump Station were estimated at 290 gpm and 180 gpm. The City staff indicated that the difference between the two pump capacities is most likely due to the fact that one of the check valves is older, and may not be fully open when the pump Is operating. In any case, the maximum flow from the 8' Street Pump Station is about 290 gpm, and the system has not overflowed due to these flows. During the Master Plan study, the peak flow tributary to the Pier Pump Station was estimated at 12 gpm. The Pier Pump Station wet well has an operating volume of approximately 150 gallons, and its capacity is 120 gpm. Therefore, is not reasonable to expect a continuous flow of 120 gpm from this pump station. The pump station would operate approximately 4.4 times per hour with the peak flows and convey 540 gallons of sewage to the 8 Street Pump Station. The 1 Street Pump Station was upgraded with two 120 gpm pumps. Only one pump will operate when the wet well reaches the pump start level. The existing peak wet weather flow to this pump station is estimated at 10 gpm. With the development of the vacant property between the San Gabriel River and 1 Street, south of Marina Drive, the peak wet weather flow may increase to 55 gpm. This flow will be pumped through approximately 400 feet of 4 -inch force main into Gold Coast Sewer at a point approximately 2,100 westerly of the 8' Street Pump Station. It is expected that the flow pumped at the pump capacity will attenuate in the long gravity line prior to entering the 8 Street Pump Station. Based upon these observations, the new pump station should have two 290 gpm pumps, which Is the intended firm capacity of the existing pump station. The new force main should be 6 inches in diameter, which will provide a velocity of 3.2 feet per second. Updated Capacity Analysis of the Protect Pipes The City's hydraulic model was updated with a peak flow of 290 gpm from the 8'" Street Pump Station. Due to extremely mild slopes, the existing pipes still surcharge. A parallel sewer on 8th Street between Ocean Avenue and Electric Avenue will have to be at least 12- inches in diameter, which can convey the pump capacity at a depth to diameter ratio of approximately 0.59. • Mr. Michael Ho, P.E. City of Seal Beach October 26, 2009 Page 3 Alternatives Two alternatives can be considered. One is to spot repair the condition deficiencies along the existing pipes on Main Street Alley, and continue to operate the system as it is currently operated. The second altemative is to construct a new gravity sewer line on 8 Street between Ocean Avenue and Electric Avenue. The flows can be split, with as much of the flow remaining in the existing system as allowed by the criterion (d/D of 0.62 in the existing system with the peak dry weather flow), and diverting the remaining flow into the new line on 8 Street. This will also allow diversion of all the flows upstream of Central Avenue to the new system when spot repairs and future replacement projects are implemented. The design should be based upon a detailed survey of the existing manholes. If at all possible, a connection should be made between the existing and new sewers at Central Avenue. Should you have any questions or require additional information, please do not hesitate in contacting the undersigned. Very truly yours, AKM Consulting Engineers Zeki Kayiran, P.E. Principal DEPARTMENT OF PUBLIC WORKS City of Seal Beach APPENDIX "D" SAMPLE CONTRACT AGREEMENT Request for Proposal Sanitary Sewer Improvement #SS0901 9 DESIGN PROFESSIONAL SERVICES AGREEMENT FOR' between = ..- SEA( B F , ;` : cppaoggr q S * S S Oi • S 2 3 .9 R 1. c PI/NTY - 6P- . City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & [Consultant's. Name] [Consultant's Address] [Consultant's Phone Number`] This Design " Professional Services Agreement ( "the Agreement ") is made as of � . '`�` �' � ��, 2010 (the 'Effective Date'), by and between , " � T � � ��;� �- •�' ("Consultant"), a , t- and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 11 57296- 0200 \1214436v1.doc RECITALS A. City desires certain professional services. B. Pursuant to the authority provided by its City Charter and Government Code § 37103, if applicable, City desires to engage Consultant to provide services in the manner set forth herein and more fully described in Section 1. C. Consultant represents that the principal members of its firm are qualified professional and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all services under this Agreement on a timely, regular basis and in a manner reasonably satisfactory to the City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all services. 1.5. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 2.0 Term The term of this Agreement shall commence as of the Effective Date and shall continue for 60 days unless previously terminated as provided by this Agreement. 2 of 11 87296- 0200 \12144360 .doc 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit for Services but in no event will the City pay more than $ ;r Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. Any additional work authorized by the City pursuant to this Section will be compensated in accordance with the schedule set forth in Exhibit 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period City will pay Consultant Within 30 days of receiving Consultant's invoice; City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24 -hours notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than thirty 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. is the Consultant's representative for purposes of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of - !- were a substantial inducement for City to enter into this Agreement. Therefore, 3 of 11 57296- 0200 \1214436v1.doc 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 911 Seal Beach Boulevard Seal Beach, California 90740 Attn: City Manager To Consultant: Attn: 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details of performing the services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards. 8.2. Any additional personnel performing 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 shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of 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, income' tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 4 of 11 S7296- 0200 \1214436v1.doc 8.3. Consultant shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. 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 8. 9.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors. 11.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 12.0 Insurance 12.1. Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Consultant, and its agents, representatives, employees and subconsultants. 12.2. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 5 of 11 S7296- 0200 \1214436v1.doc Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance. Consultant shall provide to City the standard form issued by the carrier. 12.3. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Professional Liability: $1,000,000 per claim /aggregate. 12.4. Deductibles and Self- Insured Retentions. Consultant shall inform City of any deductibles or self- insured retentions except with respect to professional liability insurance. 12.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 12.5.1. City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured.. 12.5.2. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant's insurance and shall not contribute with it. 6 of 11 S7296- 0200 \1214436v1.doc 12.5.3. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 12.5.4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 -days prior written notice by first class mail has been given to City, or 10 -days prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. 12.5.5 Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. 12.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVIII unless waived in writing by City's Risk Manager. 12.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 13.0 Indemnification, Hold Harmless, and Duty to Defend 13.1 Indemnity for Design Professional Services. In connection with its design professional services, Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees "), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses (collectively, "Claims" hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, to the extent to which they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its professional services under this Agreement, but not to the extent the result of the negligence or willful misconduct of the City or of other third parties not under the control or the supervision of Consultant. Consultant's obligation to defend pursuant to this Section 13.1 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. Consultant shall defend Indemnitees in any action or actions filed in connection with any of said claims with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees actually incurred in connection with such defense. 7 of 11 S7296- 0200 \1214436v1.doc 13.2 Other Indemnities. In connection with all Claims not covered by Section 13.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with • respect to any and all Claims, including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 13.2 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. Consultant shall defend Indemnitees in any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities with counsel of City's choice and shall pay all costs and expenses, including attorneys' fees actually incurred in connection with such defense. 14.0 Conflict of Interest 14.1. 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. 14.2. 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. 14.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, 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 subsection. 8 of 11 S7296- 0200 \1214436v1.doc 15.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 16.0 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. 17.0 Entire Agreement This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 18.0 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. 19.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 20.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 21.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 9 of 11 57296- 0200 \1214436v1.doc 22.0 Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23.0 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. 24.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 25.0 Corporate Authority The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provision of this Agreement. 10 of 11 S7296- 0200 \1214436v1.doc • 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 By: By: David Carmany, City Manager Name.: Attest: Its: By: By: Linda Devine, City Clerk Approved as to Form: Its: By: Quinn Barrow, City Attorney 11 of 11 57296- 0200 \1214436v1.doc