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CWE Corporation
Project: Storm Drain Point Repair Design Project Change Order# 2 Attention:William Young CrrYOFtttaf�uosrs CWE Corporation 30940 Hawthorne Blvd. 1561 E.Orangethorpe Ave.,Suite 240 Rancho Palos Verdes,CA 90275 Fullerton,CA 92831 Explanantion for Change Order Increase in contract value and extension of expiration date to provide design and construction document preparation services for two additional locations per project scope in contract awarded on December 15,2015.The two new sites are known as 6309 Via Colinita and Sacred Cove crossing at PVDS. Itemized Description Quantity Unit Price Amount Time and materials-Project Management and Meetings 1 7,500.00 7,500.00 Time and materials-Review Existing Records and Data 1 5,932.00 ( 5,932.00 Time and materials-Perform Hydrologic and Hydraulic Analyses 1 4,224.00 4,224.00 Time and materials-Topographic Survey 1 2,580.00 2,580.00 Time and materials-Geotechnical Investigation for two additional sites 1 690.00 690.00 Time and materials-Environmental Compliance and Permits 1 4,548.00 i 4,548.00 Time and materials-Plans,Specification and&Estimate for two additional sites 1 42,338.00 i 42,338.00 These estimates and costs may be moved between tasks such that the Total value is not to • excceded without further written aurthorization from the City Total 67,812.00. Original Contract Value 449,660.00 149,956.00 �f Total Value of all Previous Change Orders 54,770.00 Total Revised Contract Sum Prior to this Change Order 2043440 204,726.00 Value of this Change Order 67,812.00 New Contract Sum V27144700 272,538.00fr Change in Contract Days 60 Accepted: CWE Corporation By . Principalflirater-e€-- Date: February 13,2017 Authorized: Rancho Palos Verdes .. By Contract Manager Project: Storm Drain Point Repair Design Project Change Order# 1 Attention:William Young CITY OF I_� ,Ho I 1 .E% Corporation .._ CWE Co poration 30940 Hawthorne Blvd. 1561 E.Orangethorpe Ave.,Suite 240 Rancho Palos Verdes,CA 90275 Fullerton,CA 92831 Explanantion for Change Order Increase in contract value and extension of expiration date to provide design and construction document preparation services for two additional locations per project scope in contract awarded on December 15,2015. The two new sites are known as Marguerite Storm Drain and Channel and Lower Barkentine crossing at PVDS. Itemized Description Quantity Unit Price Amount Time and materials-Hydrology and hydraulics for two additional sites 1 3,900.00 3,900.00 Time and materials-Environmental Compliance&Permits for two additional sites 1 4,990.00 4,990.00 Time and materials-Geotehcnical Investigation for two additional sites 1 18,700.00 18,700.00 Time and materials-Plans,Specification and&Estimate for two additional sites 1 27,180.00 27,180.00 These estimates and costs may be moved between tasks such that the Total value is not to excceded without further written aurthorization from the City Total 54,770.00 Original Contract Value 149,560.00 Total Value of all Previous Change Orders 0.00 Total Revised Contract Sum Prior to this Change Order 149,560.00 Value of this Change Order 54,770.00 New Contract Sum 204,330.00 Change in Contract Days 60 Revised Contract Completion Date 6/28/2015 Accepted: CWE Corpora 'on By A Al AZ.e...AOr Director of •' ginee ng Date: 34e/Co' Authorized: Rancho Palos Verdes By 14110046tS 4-l t-1oi 6 Contract Manager avue2,- CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and CWE - 1 - 01203.0006/277991.2 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND CWE THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 1 S day of Deuzmkoe C, 2015 by and between the City of Rancho Palos Verdes, a California municipal corporation("City")and CWE , a California Corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties". RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement,was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration,the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,the Consultant shall provide those services specified in the"Scope of Services"attached hereto as Exhibit"A"and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement,the phrase"highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. - 2 - 01203.0006/277991.2 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning,and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses,permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes,plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments,taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment,materials,papers,documents,plans, studies and/or other components thereof to prevent losses or damages,and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes - 3 - 01203.0006/277991.2 of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement,to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in(i)the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or$25,000,whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements"attached hereto as Exhibit"B"and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation,including reimbursement for actual expenses, shall not exceed One Hundred Forty Nine Thousand Nine Hundred Fifty Six Dollars ($149,956.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation. -4 - 01203.0006/277991.2 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five(45)days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this - 5 - 01203.0006/277991.2 reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including,but not restricted to,acts of God or of the public enemy,unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten(10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance(Exhibit «1399) ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Vik Bapna Principal (Name) (Title) William F. Young Director of Engineering (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals 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. All personnel of Consultant, and any authorized agents, shall at all times be - 6 - 01203.0006/277991.2 under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors,if any,assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers,employees,or agents are in any manner officials,officers,employees or agents of City. Neither Consultant,nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the Director of Public Works or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner,mode or means by which Consultant, its agents or employees,perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services - 7 - 01203.0006/277991.2 required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than$1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased,hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a"claims made"basis,and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period,Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. - 8 - 01203.0006/277991.2 (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit"B". 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty(30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled,the Consultant shall,prior to the cancellation date,submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete,certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following "cancellation"notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] N›.-- Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs;products and completed operations of Consultant;premises owned,occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. 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. - 9 - 01203.0006/277991.2 Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City,its officers,employees and agents("Indemnified Parties")against,and will hold and save them and each of them harmless from,any and all actions, either judicial,administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work,operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable("indemnitors"),or arising from Consultant's or indemnitors' reckless or willful misconduct,or arising from Consultant's or indemnitors'negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work,operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. - 10 - 01203.0006/277991.2 Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions,but,to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California,rated"A"or better in the most recent edition of Best Rating Guide,The Key Rating Guide or in the Federal Register,and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. ARTICLE 6. RECORDS,REPORTS,AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep,and require subcontractors to keep, such ledgers,books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three(3)years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business,custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of - 11 - 01203.0006/277991.2 work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services,the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use,reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed"works made for hire" for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant,its officers,employees,agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney,voluntarily provide documents,declarations,letters of support,testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, - 12 - 01203.0006/277991.2 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 there under. City retains the right, 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,this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default,the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative,the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding,an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. - 13 - 01203.0006/277991.2 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement,to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City,except that where termination is due to the fault of the City,the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination,the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. - 14 - 01203.0006/277991.2 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may,after compliance with the provisions of Section 7.2,take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. - 15 - 01203.0006/277991.2 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex,gender, sexual orientation,marital status,national origin,ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed,together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand,request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer(with her/his name and City title),City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels - 16 - 01203.0006/277991.2 any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences,clauses,paragraphs,or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty& Representation of Non-Collusion. No official, officer,or employee of City has any financial interest,direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that(s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initials N131. 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] - 17 - 01203.0006/277991.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Mayor ATTEST: d'Arh / .„it .. /hp/ City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP David J. Ale e, City Attorney CONSULTANT: CWE A California Corporation By: ''.> Name: Vik Bapna Title: CEO/CFO By: N e: Jason Pere ra Title: President Address:1561 East Orangethorpe Avenue Suite 240 Fullerton, California 92831 Two corporate officer signatures required when Consultant is a corporation,with one signature required from each of the following groups: 1)Chairman of the Board,President or any Vice President;and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. - 18 - 01203.0006/277991.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LeiSects1tifg,LES CO ‘6 bLZ On Mc. I ,2015 before me, Oct witkm CJto ersonal a eared Pe rQ+rte` proved to me on the p' � Y pp CSD V1 , basis of satisfactory evidence to be the person(s) whose names(s) is/art subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/her/theh` authorized capacity(ids), and that by his/her/their signature(s) on the instrument the person(sr), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 17=7:47wwwwwww"IOUNG WAN CHOI COMM.120/2121 WITNESS my hand and official seal. _ - . ,4) NQTIIRYPUBUC•CAUFORwA c 't' comm. ae,201 Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL LI CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LI LIMITED LI GENERAL NUMBER OF PAGES LI ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR LI OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF L ES C: Ck2-05&ce v a 1be(:c On Gc• IS ,2015 before me, I oury wavy c 40 ,,personally appeared V i k 999 ,proved to me on the basis of satisfactory evidence to be the person(ss whose names(g) is/ale subscribed to the within instrument and acknowledged to me that he/silt/they executed the same in his/her/thext authorized capacity(ies), and that by his/h'r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -'_.,, YOUNG WAN CHOI ::fir,f.°`�: cw.�0,�,2, ;� -�� NOTARY PUBLIC•CAUFORNIA Signature. �i `�'=�� ar�►Nc3E cuNrr20 Comm ;t:p..= ril8, 17 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT LI INDIVIDUAL LI CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LI LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT LI TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR LI OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203.0006/277991.2 EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following Services: 1. Project Management and Meetings A kickoff meeting will be held once the Project is awarded to discuss potential issues related to each of the storm drains to be replaced. Understanding the potential issues is key to resolving concerns before they become problems. This meeting will provide a foundation for communication and an opportunity for CWE to gain an understanding of the City's expectations and concerns regarding each of the tasks identified in the Scope of Work. Anticipated items for discussion include, but are not limited to, data availability and data needs,City standards related to design plans,and City preferences regarding storm drain materials and installation methods, especially concerning private parcels. Three (3) additional in-person progress meetings will be held following the City's review of each Design Report submittal (30, 60, and 90 percent as described under Task 7). Comments, questions, and concerns will be discussed at these meetings and an approach for moving forward will be agreed upon so that the Project can stay on schedule. CWE will also attend the pre-bid meeting to provide clarification of design intent, limitations to reliability of information, and potential construction constraints as requested by potential bidders. A meeting agenda will be prepared for the kickoff meeting, in-person progress meetings, and the pre-bid meeting and will be the basis for the meeting summary, which will be prepared shortly after the meeting is held. Up to four (4) teleconference meetings will be held throughout the Project duration to discuss minor obstacles and potential solutions such that the design is progressing as the City intends and that the design aligns with the City's preferences. 2. Review Existing Records and Data CWE will gather and review available information pertinent to the Project, including, but not limited to,storm drain plans,topographic maps,video logs,Global Information System (GIS)data,the City's MPD,street base maps,relevant geotechnical studies,and tract maps. We assume that the City will provide the information relevant to each of the sites or an approach to obtaining it. Based on a preliminary review of available data, including the City's MPD,we have found inconsistencies between the City's MPD assumptions and field conditions. CWE will field review the video logs from the City to identify the concerns noted in the RFP or the City's MPD. CWE will conduct additional field review at each of the seven storm drain rehabilitation sites to identify essential topographic features, locate potential utility conflicts, determine possible issues with the existing and/or proposed alignments, and to verify drainage area boundaries. The field investigations will allow the design team to identify any potential issues that may impact the final design. Some of the sites include storm drains on private property. For those sites, we will work with the City to get access 01203.0006/277991.2 to verify site conditions. Key information regarding the field investigations for each of the sites is identified as follows: ➢ Location A — 2058 Santa Rena Drive: access to private property to identify inlet, outlet in the street ➢ Location B — Enrose Avenue, 150 feet south of Fairhill Drive: inlet and outlet accessible along trail easement and in the street ➢ Location C—Via Colinita just north of Maine Road: inlet and outlet accessible from Via Colinita and Lorraine Loop Trails ➢ Location D — 2727 Vista Mesa: inlets accessible from street, will need access to private property to see catch basin near end of pipe section to be replaced ➢ Location E—Palos Verdes Drive East at Marion Drive: inlet accessible, outlet not easily accessible ➢ Location F — 4512 Palos Verdes Drive East: inlet accessible in street, will need access to private property to verify outlet ➢ Location G—28935 Palos Verdes Drive East: inlet accessible from street Information obtained through the document review and field investigations will be used to perform hydrologic and hydraulic analyses and will influence the final design. Pertinent results and findings will be summarized in the 30 Percent Design Report (Task 7.1); therefore there are no deliverables directly related to this task. 3. Perform Hydrologic and Hydraulic Analysis CWE will perform hydrologic and hydraulic analyses for the pipes proposed for rehabilitation and noted as deficient, as summarized in Table 1. XPSWMM will be used to perform these analyses, consistent with the approach reported in the City's MPD. The Technical Appendices to the City's MPD (Technical Appendices D through M) state that detailed input and output associated with the modeling efforts may be obtained through the Department of Public Works. CWE assumes that the existing hydrologic and hydraulic models, and modeling results, will be available in electronic data format for our use. Generally, the existing models will be reviewed and input parameters will be verified and modified as necessary. If significant changes are necessary, model results from the City's MPD may be used to set Water Surface Elevations (WSE) and/or flow rates upstream and/or downstream of the systems modeled for rehabilitation. Proposed condition hydraulic models will be developed to verify the proposed improvements will improve the performance of the system. Various simulations will be performed to optimize the system in terms of performance and cost. For example,the MPD identifies a 4-foot by 2-foot RCB as the required improvement for Location B,which,as previously discussed, could provide a capacity much greater than what is necessary. This conveyance could be reduced in size, which would save money and allow for easier installation. 01203.0006/277991.2 Table 1 Summary of Models to be Developed Rehabilitation Location Model? Modeling Notes • System not noted as deficient in MPD Location A—2058 SantaMa be > Prepare proposed conditions model, if necessary, to Rena Dr. y optimize improvement • To be verified depending on data reviewed in Task 2 Location B— Enrose Ave. ➢ Noted as deficient in MPD (verify) ' Yes ➢ Prepare proposed conditions model to optimize 150 feet south of Fairhill Dr. improvement Location C—Via Colinita justMa be ➢ System not noted as deficient in MPD north of Maine Rd. y > To be verified depending on data reviewed in Task 2 Location D—2727 Vista ➢ Noted as deficient in MPD (verify) Mesa Yes > Prepare proposed conditions model to optimize improvement Location E— Palos Verdes ➢ Noted as deficient in MPD (verify) Dr. East at Marion Dr. Yes ➢ Prepare proposed conditions model to optimize improvement • Noted as deficient in MPD Location F—4512 PalosMa be ➢ Prepare proposed conditions model, if necessary, to Verdes Dr. East y optimize improvement • To be verified depending on data reviewed in Task 2 Location G —28935 Palos Ma be ➢ System not noted as deficient in MPD Verdes Dr. East y ➢ To be verified depending on data reviewed in Task 2 A description of the analysis and results, along with supporting design recommendations, will be included in the 30 Percent Design Report (Task 7.1); therefore there are no deliverables directly related to this task. 4. Topographic Survey CWE will perform a topographic survey at each of the rehabilitation sites (Locations A through G). The two-foot contours available from the Los Angeles Region Imagery Acquisition Consortium (LARIAC) will be used for the development of the hydrologic models; however, site specific surveyed topography is critical for the design plans. It is assumed that the City will provide all access agreements for our crews to access private properties. CWE will research County and City record data for Centerline, Right of Way, Survey control, existing geodetic control, and design network plan. We will establish the horizontal survey control to NAD 83,Zone V and vertical control on NAVD 88. Existing City monuments will be used to establish centerline of streets alignment and tract lot lines. The topographic survey data will be used to generate base maps for the design plans. The topographic survey maps will be prepared and included in the 30 Percent Design Report (Task 7.2); therefore there are no deliverables directly related to this task. 5. Geotechnical Investigation 01203.0006/277991.2 CWE proposes to bore seven(7)borings using a hollow stem auger drill rig that will extend to depths of up to 15 feet, and up to nine (9) shallow hand auger borings in inaccessible areas to approximate depths ranging between 5 and 10 feet. Test samples will be collected during drilling in general accordance with the appropriate American Society for Testing and Materials (ASTM) methods. Standard Penetration Testing (SPT) and sampling using standard split-spoon or Modified California samplers will be performed at approximately 2.5-foot intervals for the upper 10 feet below ground surface followed by samples at 5-foot intervals to the maximum depths drilled. Bulk samples will be collected for the upper soils encountered in each boring. In addition, we will observe and record groundwater levels during and after drilling. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. We will contact Underground Services Alert (USA) for location of utilities in public easements. The CWE Team assumes that no drilling permits or traffic control will be required to perform our field services and all permits will be issued by the City at no cost. However, traffic control setup will conform to the Work Area Traffic Control Handbook (WATCH). The samples will be tested in the laboratory to determine physical engineering characteristics. The final geotechnical report will include visual classification, moisture content, sieve analysis and strength tests, and corrosivity as appropriate. Additionally, data will include boring logs, groundwater levels, site preparation and earthwork recommendations, and shoring recommendations. 6. Environmental Compliance and Permits CWE agrees with the City's assertion that the Project will be categorically exempt under the California Environmental Quality Act (CEQA). The Project may fall under Class 2 (15303) of the CEQA Statutes and Guidelines (2014), which consists of"the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structures replaced and will have substantially the same purpose and capacity as the structure replaced." CWE will prepare a Notice of Exemption (NOE) for the City to file, upon City Council's action to limit the statute of limitation to 35 days. Based on our preliminary review, permits may be required from the United States Army Corps of Engineers(USAGE)under Clean Water Act(CWA)Section 404,the Los Angeles Regional Water Quality Control Board (Regional Board) based on the CWA Section 401 requirements, and the California Department of Fish and Wildlife (CDFW) pursuant to Section 1602 of the Fish and Wildlife Code. The Project components that discharge directly into natural open channels will require these permits, such as Locations C and E. If each of the project components requiring these permits are being packaged together for bid and construction (discussed in more detail under Task 7) then one permit application can be prepared covering each of the sites. If the sites requiring these permits are not packaged together for bid and construction,individual permit applications will be required. CWE has scoped the preparation of a single permit application package to include all seven 01203.0006/277991.2 sites for each of the permit applications under this task. Separate applications for each site are not included in this scope. All seven sites are located outside of the California Coastal Zone; therefore a Coastal Development Permit will not be required. Under Section 404, CWE will prepare a single application package for obtaining authorization under Nationwide Permit#3,Maintenance. CWE will prepare an application using the South Pacific Division Nationwide Permit Pre-Construction Notification Form. At a minimum, it will take 75 calendar days to obtain the permit, assuming the application package is complete during the first submittal. If the application package needs to be revised, the days until approval will increase by the number of days it takes to revise the package plus 30 additional days. We have successfully navigated these application packages by having early communication with USACE so that the review process moves along smoothly As part of the Section 404 permit application, a biological assessment will need to be conducted. Based on the Endangered Species Act, all federal agencies (USACE as the permitting agency) are required to conserve endangered and threatened species. Based on preliminary review, the Project may impact the Palos Verde Blue Butterfly (endangered) and Coastal California Gnatcatcher(threatened). A preliminary survey will be conducted for potential impact areas and the results will be included with the Section 404 application. CWE would also discuss with the City the potential of using any available mitigation land the City had banked in the reserves. The existing reserves could have excess acreage credits that could be used as off-setting mitigation for any lost habitat as a part of this project. A pre-requisite for the Section 404 authorization is the Section 401 Water Quality Certification. CWE will prepare and submit the application package to the Regional Board, which will include a description of the project, including the purpose and final goal, along with completed design plans. A detailed description of all measures to be taken to prevent the Project from adversely affecting the water quality and beneficial uses must be included. It typically takes between 60 days and one year to obtain this permit. CWE will prepare the application package on behalf of the City. We will also discuss the Project with the Regional Board during the preliminary design stages to make them aware of the future application package. It is recommended that the 60 percent design plans focus on developing complete plans for the locations needing permit coverage so that the application packages can be submitted as soon as possible. CWE recently obtained Section 404 and Section 401 permits from USACE for the City of Burbank's Johnny Carson Park project and San Bernardino County Lake Gregory Sediment Management project. A Notification of Lake or Streambed Alteration must be submitted to Region 6 of the CDFW pursuant to Fish and Wildlife Code 1602. The application must include applicable special status studies, biological assessments, and hydrological studies. The application package will be reviewed by the CDFW for completeness and once complete, CDFW will determine whether a Streambed Alteration Agreement is required. The approval process will take 90-120 days, assuming the application package is complete the first time it is submitted. If a Streambed Alteration Agreement is not necessary, the approval process will take approximately 30 days from the date the complete package is submitted. It is 01203.0006/277991.2 assumed that the City will pay for all permit and filing fees required for the permits and the NOE filings. 7. Plans, Specifications, and Estimates (PS&Es) CWE will prepare 24"x36"construction plans in AutoCAD Civil 3D format for the Project. A total of 16 plan sheets are estimated to be developed. The plans sheets for bidding and construction will be stamped by our experienced Project Manager who is registered as a Civil Engineer for over 30 years in the State of California. The construction plans will be geospatially referenced in North American Datum (NAD) 1983 California Zone V so that they can be opened in ArcGIS. The construction plans will include plan and profile views for each of the Project components along with applicable details. Details and notes will incorporate all City required items and National Pollutant Discharge Elimination System (NPDES) requirements. At a minimum, the plans will include the items identified in the RFP and additional items we have identified(as applicable): ➢ Manhole and junction structure types and details ➢ Concrete collars for connections ➢ Pipe sizes,material, class, and slope ➢ Hydraulic grade line CWE will prepare specifications for the Project based on the 2015 Edition of the American Public Works Association (APWA) Greenbook. The specifications will contain the requirements of the contractor consistent with the provisions of the NPDES Permit(s) and the Clean Water Act. Based on our experience,the project special provisions will be edited based on the Greenbook, however, if necessary, the California Department of Transportation (Caltrans) standard specifications may be used. The specifications will include a cover page and table of contents, notice inviting bidders, instructions to bidders, proposal (bid) pages, contract pages, special provisions (including technical specifications), and exhibits and appendices necessary to convey design intent (including calculations, geotechnical report, standard plans, etc.). CWE will prepare an Engineer's Estimate for Construction for each of the pipe rehabilitation locations. The cost estimate will be prepared using standard engineering procedures and will be based on various sources of information and the cost estimator's best judgement. Calculations justifying the design decisions pertaining to hydrology, hydraulics, sedimentation production, foundations, and structural elements, will be submitted as described in the tasks below. Hydrology and hydraulic calculations will be performed according to the Los Angeles County Hydrology Manual (2006) and Los Angeles County Hydraulic Design Manual (2002). Sediment production calculations will use the methodology described in the Second Edition of the Los Angeles County Sedimentation Manual (2006). Foundation and structural calculations will demonstrate that the design and materials can resist anticipated forces, including, but not limited to, hydraulic (hydrodynamic), flood (hydrostatic), scour and undermining, dead loads (trench bury), traffic loads, and surcharge loads 01203.0006/277991.2 7.1. Utility Search CWE will obtain existing street,water, sewer, storm drain,and utility plans and maps from the City. We will conduct a preliminary utility search based on our proprietary accessibility to the DigAlert records. Based on the results of the preliminary search, we will send preliminary search letters to all know utilities in the area, advising them of the project and requesting additional utility information. As project design progresses, CWE will send a second notice requesting that each utility verify locations of its facilities and identify any possible conflicts. A preliminary set of plans(60%)will be included with the second utility notice, and a final utility notice including final plans (100%) will be submitted with the final utility notice. CWE will maintain a complete record log of all utility contacts and responses and provide a copy of all correspondence to the City. 7.2. 30 Percent Design Report CWE will prepare a 30 percent Design Report that will include the methodologies used, results, and/or findings related to the data review, hydrologic and hydraulic analyses, topographic survey, geotechnical analyses, and conceptual plans for each of the proposed storm drain rehabilitation sites. It is anticipated that the report will include sections on the project background and goals,existing conditions(topography,hydrology,hydraulics,and soil condition), modeling approach and results (including calculations), permit requirements, and conceptual design. At a minimum, the attachments will include the topographic maps based on the survey performed (identified in Task 4), geotechnical report,modeling results,calculations(as applicable),and conceptual design plans. It is our understanding that the City will require five business days to review documents. A meeting will be held to discuss comments, as mentioned under Task 1. All comments will be incorporated into the 60 percent Design Report as described below. 7.3. 60 Percent Design Report CWE will prepare the 60 percent Design Report as an extension to the 30 percent Design Report. The 60 percent Design Report will address comments provided on the previous report and will include detailed design drawings (60 percent design). Additional calculations associated with design details will be included along with preliminary Special Provisions and Notice Inviting Bidders, including the allowed working days and recommendations for liquidate damages). Materials, access requirements, and an initial cost estimate will also be included. The 60 percent cost estimate will be prepared in Microsoft Excel format and will include a 20 percent contingency. It is our understanding that the City may want to put the Project out to bid in different packages. As the preliminary cost estimates are established, CWE will talk with the City to identify possible packages (combinations of different pipe rehabilitation segments). The design plans will be set up strategically so that the sheets include segments that may be packaged together if a packaging approach is agreed upon by the City. Packaging segments will allow the City to spread out their funds as necessary; however, this approach may cost more money, as contractors will have multiple mobilization costs. The 60 percent Design Report will include updated sections previously identified and new sections for the final design and cost estimates. The 60 percent design plans, preliminary Special Provisions and Notice Inviting Bidders, and the cost estimate will be included as attachments. It is our 01203.0006/277991.2 understanding that the City will require five business days to review documents. A meeting will be held to discuss comments, as mentioned under Task 1. All comments will be incorporated into the 90 percent Design Report as described below. 7.4. 90 Percent Design Report CWE will prepare the 90 percent Design Report as an extension to the 60 percent Design Report. The 90 percent Design Report will address comments provided on the previous report and will include detailed design drawings (100 percent design, to be revised one more time). Finalized calculations associated with design details will be included along with a draft bid package and the engineer's estimate including 10 percent contingency. New sections of the report are not anticipated. We assume that the report will be finalized with this submittal. It is our understanding that the City will require five business days to review the final construction plans, specifications, and estimates. A meeting will be held to discuss comments, as mentioned under Task 1. All comments on the PS&Es will be incorporated into the 100 percent PS&Es as described below. 7.5. 100 Percent PS&E CWE will prepare 100 percent stamped and signed original reproducible construction plans and specifications for bidding. The engineer's estimate will be updated to reflect any changes between the 90 percent Design Report submittal and the final plan submittal. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: 1. Project Management and Meetings Meeting agenda and summary for the kickoff meeting,three(3) in-person progress meetings, and pre-bid meeting 2. Review Existing Records and Data Results and findings will be summarized in the 30 Percent Design Report (Task 7.1); therefore there are no deliverables directly related to this task. 3. Perform Hydrologic and Hydraulic Analysis Analysis and results, along with supporting design recommendations, will be included in the 30 Percent Design Report (Task 7.1); therefore there are no deliverables directly related to this task. 4. Topographic Survey Topographic survey maps will be prepared and included in the 30 Percent Design Report(Task 7.2); therefore there are no deliverables directly related to this task. 5. Geotechnical Investigation Preliminary geotechnical report that will include visual classification, moisture content, sieve analysis and strength tests, and corrosivity as appropriate. 01203.0006/277991.2 Additionally, report data will include boring logs, groundwater levels, site preparation and earthwork recommendations, and shoring recommendations. 6. Environmental Compliance and Permits ➢ One(1) electronic copy of the NOE,to comply with CEQA requirements ➢ One (1) electronic copy of the CWA Section 404 application package for submittal to USACE ➢ One (1) electronic copy of the CWA Section 401 application package for submittal to the Regional Board ➢ One (1) electronic copy of the Section 1600 Streambed Alteration Agreement 7. Plans, Specifications,and Estimates (PS&Es) Deliverables are listed in Tasks 7.1 through 7.5 below. 7.1. Utility Search ➢ First and second Utility Notice letters ➢ Log of Utility Contacts 7.2.30 Percent Design Report ➢ One (1) hardcopy and one (1) electronic (PDF) copy of the 30 percent Design Report 7.3. 60 Percent Design Report ➢ One (1) hardcopy and one (1) electronic (PDF) copy of the 60 percent Design Report 7.4. 90 Percent Design Report ➢ One (1) hardcopy and one (1) electronic (PDF) copy of the 90 percent Design Report 7.5. 100 Percent PS&E ➢ One (1) 24"x36" hardcopy, and one (1) electronic copy in PDF and AutoCAD format of the 100 percent PS&Es ➢ One (1) unbound hardcopy and one (1) electronic (PDF) format of the specification package III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Project Status Reporting Project Status Reports will be sent to the City monthly through the project design phase. 01203.0006/277991.2 IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. William Young, Project Manager B. Vik Bapna, Principal-in-Charge 01203.0006/277991.2 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) None 01203.0006/277991.2 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the rates shown on Exhibit C-1 and summarized below: TASK SUB-BUDGET 1. Project Management and Meetings $9,890 2. Review Existing Records and Data $8,872 3. Perform Hydrology and Hydraulic Analysis $10,640 4. Topographic Survey $12,900 5. Geotechnical Investigation $13,836 6. Environmental Compliance and Permits $14,542 7. Plans, Specifications and Estimates $79,276 II. Not Used. III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1,unless Additional Services are approved per Section 1.8. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed,the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $149,956 as provided in Section 2.1 of this Agreement. 01203.0006/277991.2 VI. The Consultant's billing rates for all personnel and details of personal effort expected to complete each task are attached as Exhibit C-1. 01203.0006/277991.2 EXHIBIT C-1 Sr.Proj Technical Senior Project Design Assistant Senior Licensed CAD Project Admin Sub Sub Sub Task _Description Mgr Mgr. Engineer Engineer Engineer Engineer Env Sci Surveyor Desinger Coord. Asst ODCs Markup Consultant Consultant Totals + hourly rate $ 218 $ 191 $ 156 $ 137 $ 114 $ 92 $ 116 $ 145 $ 92 $ 82 $ 75 $ 10% Ter racon Biologist 1 Project Management&Meetings 24 34 $ 9,890 2 Review Existing Records and Data 8 8 40 16 $ 8,872 3 Perform Hydrologic and Hydraulic Analyses 10 10 80 $ 10,640 4 Topographic Survey 4 12 64 12 _ _ $ 12,900 5 Geotechnical Investigation 1 $ 1,197 $ 11,965 $ 13,380 6 Environmental Compliance and Permits 4 4 60 $ 610 $ 6,100 $ 14,998 7 Plans,Specifications,and Estimates(PS&E) 7.1 Utility Search 4 24 4 $ 500 $ 3,556 7.2 30%Design Report 10 8 36 88 68 _ 40 2 _ 2 $ 28,642 7.3 60%Design Report 18 16 14 54 72 362 2 $ 24,744 _ 7.4 90%Design Report 10 6 8 36 56 10 2 1 $ 14,627 1.5 100%PS&E 5 8 18 28 8 1 1 $ 7,707 Total Hours 84 10 30 134240 344 _ 60 64 _ 106 7 10 Total Fees $ 18,312 $ 1,910 $ 4,680 $ 18,358. $ 27,360 $ 31,648 $ 6,960 $ 9,280 $ 9,752 $ 574 $ 750 $ 500 $ 1,807 $ 11,965 $ 6,100 $ 149,956 EXHIBIT "D" SCHEDULE OF PERFORMANCE Except as otherwise described below, Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney's office. II. Consultant shall deliver the following tangible work products to the City by the following dates based upon receiving a Notice to Proceed prior to December 22,2016. A. 30 Percent Design Report; February 5,2016 i. Tasks 2-5 are incorporated into the 30 Percent Design Report. Upon receipt of the written deliverables from Tasks 2-5, the City and any applicable regulatory agencies shall review the written deliverables and may require Consultant to revise the written deliverables for inclusion in the 60 Percent Design Report and 90 Percent Design Report B. 60 Percent Design Report; March 11,2016 C. 90 Percent Design Report; April 8,2016 D. Environmental Compliance and Permit Applications; April 8,2016 E. -100 Percent PS&E; April 29,2016 III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01203.0006/277991.2 CWE0000-01 EBRITO ACOREY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/18/2015 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 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 License#0757776 NAME:CONTACT Irene Laine La Palma,CA-V&B -HUB International Insurance Services Inc. PHONE 714 739-3177 FAX 714 739-3188 6 Centerpointe Drive (A/C,No,Ext):( ) (A/C,No): #350 E-MAADDRIESs:cal.cpu@hubinternational.com La Palma,CA 90623 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Crum&Forster Specialty Insurance Company 44520 INSURED INSURER B:Hartford Accident and Indemnity Company 22357 CWE INSURER C:Fireman's Fund Insurance Company 2.1.873 1561 E.Orangethorpe Avenue --- SINSURER D Suite 240 Fullerton,CA 92831 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR EPK-110780 12/08/2015 12/08/2016 NTED PREM SES EaAMAGE TO Eoccurrence) _$ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PROT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 JEC — - - --- - . OTHER:--- $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B L X ANY AUTO 72UECZN5302 12/08/2015 12/08/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ;AUTOS X NON-OWNED PROPERTY DAMAGE X HIRED AUTOS AUTOS _(Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED ! RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'UABILITY Y/N STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE WZC81030004 12/01/2015 12/01/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) - E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ IIS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Project Name:Final Design for the Storm Drain Point Repair Project. City of Rancho Palos Verdes,its elected and appointed officers,employees and agents are additional insured as respects General Liability per endorsement EN0111-0211,coverage is primary and non-contributing per endorsement EN0118-0211,waiver of subrogation applies per endorsement WC040306 4/84. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Rancho Palos Verdes THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 AUTHORIZED REPRESENTATIVE 4(14146Zia-1.-- ©1988-2014 ACRD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORN) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract SECTION 111 — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for"damages" arising out of"your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement- California WC 04 03 06 If the following information Is not complete,refer to the approprlateSeLednte attached to the policy. Insured Ca].ifQrnia WatersY}ed ply Number WZC81030004 Engineering Corporation Producer Hub International � Date 12/01/2015 Schedule Person or Orpniadon Job Description BLANKET WAIVER ANY PERSON(S) OR ORGANIZATION(S) WHOM THE INSURED AGREES, IN A WRITTEN CONTRACT Additional Premium% We have the right to Hoover our Payments from any- You must maintain records accurately ooe liable for an io,�y covered by this policy. We will gating the remuneration f�o while en- not enforce our right against the person or arganiation gaged m the vro& deicn'bed in the Schedule. named in the Schedule' (Thisagreemeut apPha p�lY Theadditional � for this endoe�amdtt awll be to the extent that you Pam � soder a written the as shown in the Schedule applicable to contract that requires you to obtain this agreement this endorsement, of the California workers' moven- from us.) sation premium otherwise due on such moa. Me Form mat be wed to Choke Endorsement when issued after the policy M written. One of the Fleemary Foul human Companies as gamed in the policy Aeltaidj 1 O`rie Civir CAL S President YYC0I030E444 CWE0000-01 EBRITO ACORLY DATE(MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 12/22/2015 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 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 License#0757776 CONTACT NAME: La Palma,CA-V&B -HUB International Insurance Services Inc. PHONE 714 739-3177 FAX 714 739-3188 6 Centerpointe Drive (A/C,No,Ext): (A/C,No): #350 E-MAIL ADDRESS: La Palma,CA 90623 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Crum&Forster Specialty Insurance Company 44520 INSURED INSURER B:Hartford Accident and Indemnity Company 22357 CWE INSURER C:Fireman's Fund Insurance Company 21873 1561 E.Orangethorpe Avenue Suite 240 INSURER D: Fullerton,CA 92831 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF ' POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY)i(MM/DD/YYYY) UMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X EPK-110780 12/08/2015 i 12/08/2016 DAMAGE TO RENTED 100,000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRO- I X � POLICY E LOC PRODUCTS-COMP/OP AGG $ 4,000,000 j OTHER: i $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B I X ANY AUTO 72UECZN5302 12/08/2015 12/08/2016 BODILY INJURY(Per person) $ I ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ � I XX NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ ' ; DED RETENTION$ $ WORKERS COMPENSATION X j PER OT ' STATUTE TH- I AND EMPLOYERS'LIABIUTY Y/N C ANY PROPRIETOR/PARTNER/EXECUTIVE WZC81030004 12/01/2015 12/01/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) j E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS belowE.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liab EPK-110780 12/08/2015 i12/08/2016 Each Occurrence 2,000,000 A Claims-Made EPK-110780 12/08/2015 12/08/2016 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Project Name:Final Design for the Storm Drain Point Repair Project. City of Rancho Palos Verdes,its elected and appointed officers,employees and agents are additional insured as respects General Liability per endorsement EN0111-0211,coverage is primary and non-contributing per endorsement EN0118-0211,waiver of subrogation applies per endorsement WC040306 4/84. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rancho Palos Verdes THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 AUTHORIZED REPRESENTATIVE 0,14*-166€/ai..-___ 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: EPK-110780 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by"your work"for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of 1 POLICY NUMBER: EPK-110780 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for"damages" arising out of"your work" performed under a designated project or contract with that person(s)or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement- California WC 04 03 06 If the following Information Is not complete,refer to the approprldeSehaiuk attached to the policy. Insured California WatersY}ed policy Number WZC81030004 Engineering Corporation Producer Hub International Date 12/01/2015 Schedule Person or Organization Job Description BLANKET WAIVER ANY PERSON(S) OR ORGANIZATION(S) WHOM THE INSURED AGREES, IN A WRITTEN CONTRACT Additional Premium% We have the right to recover ow payments from any- You most maintain payroll records accurately sew' aye liable for an injury covered by this policy. We will gating the remuneration of Your employees while 01)- notenforceour right against the prison or organiatian gaged m the woick described in the Scbedvta named in the Schedule' {Thio age epPlia on1Y The additional premiumfay this endonemesit andll be to the extent that You pen= mei emdar a arisen the pie, as shown in the Schedule applicable to contract that Makes you to obtain this agreement this endorsement, of the California workers' coven- from us.) oatimo premium otherwise due on such remuneration. This Form mat be attached to Chopp'Endorsement whew lamed after the policy i-settee. One of the Fhamr"sPYnt i.wewaeeCompaniar as named in the policy _LI:am) I Cry*/Ovb CA. S President vyoaaooeit.0