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HomeMy WebLinkAboutAKM Consulting Engineers - 2015-03-16Dept. ID PW 15-012 Page 1 of 2 Meeting Date: 3/16/2015 ,o#pq6 vct�-0 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/16/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a Professional Services Contract between the City and AKM Consulting Engineers in the amount of $400,000 for preparation of plans and specifications for the replacement of the Edgewater Lift Station Statement of Issue: The Public Works Department requires professional services to prepare plans and specifications for the replacement of the Edgewater Lift Station. AKM Consulting Engineers has been selected to provide these services. Financial Impact: Funds in the amount of $375,000 and $25,000 are available in the Sanitary Sewer Facilities Fund business unit 21085201 and Sewer Service Fund business unit 51185101 respectively. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and AKM Consulting Engineers for Professional Engineering Design of the Edgewater Lift Station." Alternative Action(s): Do not approve the contract and direct staff on how to proceed. Analysis: The City's Sewer Master Plan identified the Edgewater Sewer Lift Station as being deficient with respect to pumping capacity and wet well capacity. There are four sewer lift stations upstream of the Edgewater Lift Station. This critical infrastructure conveys flow from approximately 50% of the homes located within Huntington Harbour. The redesign and reconstruction of this critical infrastructure will provide more reliable sewage conveyance to protect the environment and the residents of Huntington Harbour. In compliance with Chapter 3.03 of the Municipal Code, an interagency agreement was utilized for selection of this consultant. This option allows the City to "piggyback" on an existing public agency agreement. A request for proposals was requested by the City of Camarillo for similar lift station design work. Five firms submitted proposals for the RPF and through a selection process AKM Consulting Engineers was selected the most qualified consultant for the work. Public Works Commission Action: Not Required. xB -127- Item 13. - I Dept. ID PW 15-012 Page 2 of 2 Meeting Date: 3/16/2015 Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. "Professional Services Contract Between the City of Huntington Beach and AKM Consulting Engineers for Professional Engineering Design of the Edgewater Lift Station." 2. Certificate of Insurance 3. Intra Agency Agreement — Camarillo Sanitation District Item 13. - 2 HB -12 8- ' TA I.- IcL PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AKM CONSULTING ENGINEERS FOR PROFESSIONAL ENGINEERING DESIGN OF THE EDGEWATER LIFT STATION THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and AKM Consulting Engineers, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide professional engineering design services for the Edgewater Lift Station Replacement Project; and Pursuant to documentation on file in the office of the City Clerk, the provisions 'of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the 'PROJECT." CONSULTANT hereby designates Zeki Kayiran who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/ surfnet/professional svcs mayor I Of 11 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 20 / (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Four Hundred Thousand Dollars ($400,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional svcs mayor 2 of 11 10/12 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/ surfnet/professional sves mayor 3 of 11 10/12 ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated ' for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnet/professional svcs mayor 4 of 11 10/12 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/ surfnet/professional svcs mayor 5 of 11 10/12 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfnet/professional Svcs mayor 6 of 11 10/12 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: AKM Consulting Engineers ATTN: Zeki Kayiran 553 Wald Irvine, CA 92618 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/ surf iet/professional svcs mayor 7 of 11 10/12 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnet/professional svcs mayor 8 of 11 10/12 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnet/professional svcs mayor 9 of 11 10/12 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professional svcs mayor 10 of 11 10/12 CONSULTANT, AKM Consulting Engineers COMPANY NAME By: print name_ ITS: (circle one) Chairm Presid�en ice President AND By: print name ITS: (circle one) Secret Chief Financial Office sst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of INITIATED AND APPRO D: Director of Pub ' Works REVIEW APPROVED: blliiTanager APPROVED AS TO FORM: City Atto#ney agree/ surfnet/professional svcs mayor 11 of 11 10/12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Consultant shall provide Professional Engineering design services in accordance with Exhibit Al, the DESIGN SERVICES PROPOSAL; EDGEWATER SEWAGE LIFT STATION REPLACEMENT, DATED January 19, 2015. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Consultant's duties and responsibilities are as outlined in Exhibit Al, the DESIGN SERVICES PROPOSAL; EDGEWATER SEWAGE LIFT STATION REPLACEMENT, DATED January 19, 2015. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish the Consultant with as built plans and records pertaining to the Edgewater Sewer Lift Station Replacement project. 2. Provide the Consultant with timely review of the project submittals at various project milestones. D. WORK PROGRAM/PROJECT SCHEDULE: A project work schedule has been submitted as a part of Exhibit Al, the DESIGN SERVICES PROPOSAL; EDGEWATER SEWAGE LIFT STATION REPLACEMENT, DATED January 19, 2015. This schedule assumes a project start date of February 1, 2015. The start date of the project shall be amended to the Commencement Date of this Agreement as defined in Section 3, of this Agreement. EXHIBIT A EXHIBIT Al AKM Design Services Proposal; Edgewater Sewage Lift Station Replacement Dated January 19, 2015 Eleven (11) pages total AV UM7 AV ®L®�®® ® AKM Consulting Engineers 553 Wald Irvine, CA 92618 Telephone: 949.753.7333 Facsimile: 949.753.7320 January 19, 2015 City of Huntington Beach Department of Public Works 2000 Main -Street Huntington Beach, California 92648 Attention: Mr. Andrew Ferrigno Water Resources Infrastructure Construction Management Subject: Design Services Proposal; Edgewater Sewage Lift Station Replacement Dear Mr. Ferrigno: In response to your request, AKM is pleased to submit this proposal to provide engineering design services for the replacement of the Edgewater Lane Sewage Lift Station. Our understanding of the work, scope of services, fee estimate, and schedule are provided in the paragraphs below. PROJECT UNDERSTANDING The Edgewater Lane Sewage Lift Station is located at the northeast corner of the Edgewater Lane/Davenport Drive intersection in the Huntington Harbor Development. The address of the pump station is 16892 Edgewater Lane. The pump station is a wet well dry well facility which was constructed in 1967. It includes two (2) 450 GPM, 5 horsepower pumps, which discharge through a short 6-inch forcemain (;�20 feet) to a downstream 15-inch VCP sewer. The 15-inch sewer ultimately joins an 18-inch sewer in Warner Avenue that conveys the flow to the City's Lift Station D, from where it is pumped into the OCSD System. Access to the pump station is through a small hatch located behind the street curb with stairs down to the pumping equipment. The wet well is a 5-foot diameter manhole approximately 12-feet deep, located in the street (Edgewater Lane). The influent sewer is 15-inch and is approximately 10- feet deep. The downstream 15-inch sewer is approximately 6-feet deep at the pump station. The City's Master Plan lists the existing peak dry weather flow to the station as 732 gpm and the peak wet weather flow as 977 gpm. It classifies the pump station as capacity deficient. Because of its age and lack of capacity, the City is proposing to replace the pump station with a new facility. The new pump station Would be a duplex submersible design, similar to several of the recently constructed projects completed by the City. The existing facility is located directly in front of a AX-M ProposaLNo: 15 -1008 -1- Cm OF HUNTINVON BEACH FDOEIVATLR SEWAQ LIFT Ja*ucaa^y 19, 2015 S 1ATION RiEPLACEMENr residential home. It is proposed that the new pump station be moved to the southwest corner of the Edgewater Lane/Davenport Drive intersection, which would place it in front of the Davenport Marina Parking Lot (which is privately owned). As there is limited space between the street curb and property line, it is proposed that the curb of the street be pushed out, making the street narrower, to create room for the pump station equipment. It is anticipated that moving the pump station may require some utility relocations which are included as part of our scope of work. As an alternative, the City wishes to also examine the possibility of replacing the pump station with a gravity sewer to Warner Avenue. The City, as part of a recent project, lowered the sewer in Warner Avenue to Lift Station "D" by approximately 10-feet (now 25 feet deep). The sewer being lower creates the opportunity of eliminating the Edgewater Lift Station by constructing a new, deeper, 15-inch sewer in Edgewater Lane, that would be about 10-feet deep at the Edgewater Lane/Davenport Drive intersection, and about 20 feet deep when it connects to the 18-inch sewer in Warner Avenue. The gravity sewer work would be highly disruptive to the community, and there would be increased risk of soil settlement and potential damage to homes caused by dewatering and shoring operations. It would however eliminate the recurring maintenance and cost of the lift station, and significantly reduce the risk of a sewer spill occurring in the area. SCOPE OF WORK The scope of work for the project is divided into three phases. The first phase of work (Phase A) is the development of a "Preliminary Design Report." The Preliminary Design Report will form the basis for the subsequent design work and will address all issues relevant to the proposed improvements. Phase B, "Final Design Services, Construction Plans and Specifications," is the actual preparation of construction documents for the improvements identified in the Preliminary Design Report. The final phase (Phase C) is "Construction Support" and outlines office engineering and field support services that will be furnished during pump station or gravity sewer construction. AKM is prepared to implement the following scope of work for the Edgewater Station Replacement Project. PHASEA - PRELIMINARYDESIGN REPORT This Phase will retrieve and review existing information, conduct studies of alternatives (new pump station versus gravity sewer) and develop design parameters leading to the selection of the layouts and equipment for the project. It will identify, develop, and document all design criteria. It will also become the basis for the work to be completed under Phase B, final construction documents. The tasks identified for the Preliminary Design Report Phase are as follows: 1. Research and Investigation A. Kick -Off Meeting The project will commence with a kick-off meeting with the City. The purpose of the project and the desired objectives will be discussed along with any potential replacement, and gravity sewer alternatives to be considered. The project schedule will be reviewed and lines of communication will be established. ®®® ffm—ft AKM PrapoaaLNO: 15 -1008 -2 - CITY OF HUN77NOTON 'BEACH E17Q£WA71E9 SiEWAQE LIFT Ja#u"L#y 19, 2015 STATION REPLACEMENT City staff will be interviewed to develop consensus on standard pump station design features such as valving, piping, pumps, controls, electrical systems, telemetry equipment, emergency power provisions, and all other necessary components. B. Review Existing Documents The City has provided AKM with all relevant information pertaining to the existing pump station and gravity sewer system. This information will be completely reviewed and confirmed through field investigations as appropriate. C. Utility Coordination As -built plans and/or atlas sheets for all the utilities in the vicinity of the work will be obtained. The locations of these facilities will also be verified in the -field. Meetings will be held with the Gas Company, Telephone Company and SCE service planners to obtain service conditions, and requirements for providing service connections to the new pump station. D. Site Surveys Surveys of the pump station site and vicinity will be performed. The survey will be used as a base drawing for developing site layouts. It will show easements and property boundaries, surface features, spot elevations at regular intervals and grade contours at 0.2 foot intervals. It will also include dipping of manholes and sewer catch basins in the area of work. Survey work will be performed by C+V Consulting as a subconsultant to AKM. Survey for the potential gravity sewer alternative will not be performed at this time. The survey for the sewer design would be completed as part of the final design phase if chosen by the City as the preferred alternative for the project. 2. Preliminary Design Report The Preliminary Design Report will provide siting recommendations, develop design criteria, select equipment, establish costs, and provide schedules for the design and construction of a new Edgewater Sewage Lift Station. It will also evaluate the feasibility and cost of decommissioning the existing facility by constructing a new gravity sewer from the current pump station location to Warner Avenue. Concept drawings (10% design level), identification of construction issues, and design calculations will also be included. At a minimum, the following elements will be evaluated and/or included in the report. A. Confirm Influent Flow Influent flows to the pump station will be confirmed by conducting flow monitoring over a one week period in the manhole just upstream of the pump station wet well. Flow monitoring will be performed by ADS, as a subconsultant to AKM. During their investigation, ADS observed what they believe to be grease build-up in the existing sewer pipe discharging to the pump station. If grease is present, the pipe wad e AKM PropowbNo: I5 1008 .3- Cm of HUNTINQTON $EACX FDaVAMIZ SEWAOF LIFT jam4ary 19, 2015 STATION 1ZFPLA0EM£Nr cleaned prior to the flow monitor being installed. It is assumed as part of our proposal that any sewer cleaning which may be required will be performed by the City. B. Pump Station Siting AKM will develop a concept plan for siting the pump station, including any street modifications and utility relocations which may be required. It is currently envisioned that the new pump station would be a submersible type, located near the southwest corner of the Davenport Drive/Edgewater Lane intersection, in front of the existing Davenport Marina Parking Lot. C. Gravity Sewer Alternative AKM will analyze the feasibility of replacing the existing pump station with a gravity sewer. The effort will include alignment selection (including the viability of replacing the existing sewer in its current location, but deeper); impacts to homeowners; identification of potential risks (such as settlement and damage to private property); Utility relocations; temporary diversion of sewer flows; and estimated cost. D. Pump Station Equipment Sizing and Selection Equipment alternatives will be identified and evaluated. Recommendations will be made based upon economics, maintenance, reliability, and Huntington Beach's familiarity or standardization practices. Pump sizing will be based upon the flow studies conducted in Item A, and headloss calculations for the new forcemain. The City's standard control panel will be sited within an above -grade NEMA 311 outdoor enclosure along with the starters, lighting panel, level controller, manual transfer switch, and RTU. E. Pump Station Preliminary Design Drawings We will develop preliminary design drawings for the recommended pump station. The drawings will include: 1. Site Plan 2. Mechanical Plan 3. Mechanical Section 4. Single Line Diagram 5. Process and Instrumentation Diagram Plans will be presented on 11" x 17" paper. F. Construction Phasing AKM will develop construction phasing for implementing the proposed improvements while maintaining operation of the existing pump station and sewer system. This work will describe how the existing sewers will be rerouted to allow construction of the recommended facilities, AKM Propo;�a.L No: 15 -loos .4 - CITY OF 1(UN77NQT0N SEACH EDaWATIER SEWAOE LIFT Ja#u"ary 19, 2015 STA77ON REPLACEMENT any bypass pumping that will be required and testing and acceptance protocol prior to switching services. Construction phasing will be prepared for both the pump station and gravity sewer alternatives. G. Report Preparation The results of the analysis described in Items A through G (above) will be documented in a Preliminary Design Report. It will include background information, a detailed evaluation and discussion of the potential improvements as well as alternative evaluations, costs, design parameters, construction phasing, proposed bidding and construction schedule, catalog information for recommended materials and equipment, and calculations. This report will guide the preparation of the subsequent construction documents. A proposed outline for the report is as.follows:. Section Description 1 Executive Summary 2 Introduction 3 Pump Station Design 4 Gravity Sewer Alternative 5 Construction Issues and Phasing 6 Cost Estimates 7 Construction Schedule Appendix A Calculations Appendix B Preliminary Drawings Appendix C Design Criteria and Catalog Information Appendix D Flow Monitoring Data PHASE B - FINAL DESIGN SERVICES, CONSTRUCTION PLANS AND SPECIFICATION 1. Project Meetings AKM will attend project meetings with the city to discuss project status and review issues. Attendance at four (4) meetings has been included in our proposal. 2. Construction Plans The plans and concepts developed in the Preliminary Design Report will be considered to be at the 10% design level. These concepts will be advanced to the 60%, 90% and 100% stages, for review by the City, until final construction drawings are completed that address all City comments. The plans will be prepared in accordance with the requirements of the City, as well as applicable national and local codes. Final plans will be plotted on 24" x 36" mylar using City Standard Title Block in AutoCAD format. The anticipated list of drawings for a pump station replacement project is shown below. 1. Title Sheet 3. Construction Notes 2. General Notes, Symbols and Abbreviations 4. Existing Pump Station Demolition Plan AKM ProPasa.LNo. 15 -1008 -5 - Cm OF X UNrlNCFr0N BEACH WaWM ER SEWAQE LIFT Ja#utia ry 19, 2015 STATION REPLACEMENr 5. Existing Pump Station Demolition 16. Mechanical Details Section 17. Mechanical Details 6. Pump Station Site Plan 18. Electrical Symbols and Abbreviations 7. Pump Station Site Section 19. Single Line Diagram and Power Plan 8. Forcemain Plan and Profile 20. Electrical Site Plan 9. Gravity Sewer Plan and Profile 21. Conduit Plan 10. Utility Relocation Plan and Details 22. Pump Control Diagram 11. Civil Details 23. RTU Layout and Connection Diagram 12. Civil Details 24. Electrical Details 13. Pump Station Mechanical Plan 25. Electrical Details 14. Pump Station Mechanical Section 26. Process and Instrumentation Diagram 15. Mechanical Details For the gravity sewer alternative the following list of drawings is estimated: 1. Title Sheet 2. General Notes, Symbols, and Abbreviations 3. Inddex Map 4. Construction Notes 5. Existing Pump Station Demolition Plan 6. Existing Pump Station Demolition Plan 7-12. Sewer Plan and Profile Drawings 13-15. Sewer and Manhole Details 3. Technical Specifications Special provisions delineating the project related issues and the technical requirements will be prepared. The Special Provisions will describe special design and coordination features of the project as well as provide requirements for materials, equipment, installation and workmanship. A bid schedule will also be prepared which will be broken out into sufficiently detailed tasks to assist in evaluating the bids and preparing progress payments. City furnished contract and insurance documents as well as a reduced set of drawings will be included to complete the specification package. The work will be submitted on a CD in MicrosoftWORD format 4. Plan Check Processing Throughout the development of the project, work will be coordinated and submitted to the City for review and comment. AKM will continue to respond to comments until plan approval is secured. S. Cost Estimates Detailed construction cost estimates will be developed for each plan submittal to the City. The estimates will incorporate price quotes from equipment vendors, and will reflect the most recent trends in construction pricing. AKIN ProposaLN& 15 -1008 76 - Cm OF HUNrtNOTON BEACH FVgEWArER SEWAC?E Lrf r Ja*utiary 19, 2O15 SM77ON REPLACEMENT 6. Geotechnical Investigation (Pump Station Alternative) The geotechnical study will be conducted to determine soil conditions at the pump station site. It is anticipated that two borings will be drilled to a maximum depth of 50 feet. The report will address the following: ■ Allowable vertical and lateral capacity of foundations • The modulus of subgrade reaction at the mat slab level ■ Total and differential settlements ® Geotechnical and seismic hazards including fault ground rupture, liquefaction, and seismic - induced settlement Lateral (active, passive, and at rest) earth pressures for retaining structures ■ Site -response coefficient and seismic design criteria • Pavement design recommendations ■ Soil corrosivity and sulfate attack ® Existing and historic high groundwater levels • Shoring design recommendations, including driving of sheet piles near existing structures ■ Dewatering recommendations Geotechnical services will be performed by AESCO as a sub -consultant to AKM. Not included in our proposal, but may be provided at an additional cost, is a pump test, similar to that performed for the Lift Station "C" project. The pump test can provide additional information about the dewatering characteristics of the area, and may be useful to Contractor's when designing their dewatering system for the project. 7. Environmental Support AKM will provide support to the City during the processing of the Coastal Development Permit documentation. This support is anticipated to include response to project questions, development of exhibits, and modifications to the design drawings and specifications. 8. Potholing At critical locations and as approved by the City, AKM will perform potholing to determine locations and elevations of existing underground utilities, improvements, and related facilities. AKM will obtain all permits required for potholing. Potholing services will be provided by CBelow as a subconsultant to AKM. A total of 12 potholes have been included in our proposal. AKM Proposes &. 15-1008 -7- CITY OF RUNTINVON BEACH WaVAT ER S£WAQ£ LIFT Jaruta.ry 19, 2015 STATION R£PLAC£M£Nr PHASE C CONSTRUCTION PHASEAND SERVICES AKM will provide engineering services during construction of the. pump. station as follows: 1. Preconstruction Phase A. Respond to Questions During Bidding This task will involve responding to contractor questions during the bid. It is understood that the City will receive all the questions and issue the responses in order to properly control the flow of information. B. Attend Pre -Bid Conference The Project Manager and the lead engineers will attend this meeting to respond to contractor questions. C. Prepare Addenda If needed, the plans and specifications will be revised to address the bidding period issues and addenda will be prepared. 2. Construction Phase A. Attend Preconstruction and Construction Progress Meetings The Project Manager and the Project Engineer will attend the pre -construction meeting. The Project Manager and Project Engineer will also be available to attend construction meetings scheduled for the project. A total of 6 meetings have been budgeted. B. Response to Requests for Information and Request for Change Order AKM will provide responses to requests for information and change order proposals submitted by the Contractor. Clarification drawings will be prepared and distributed, as required. C. Shop Drawing Review The shop drawings will be received by the City and transmitted to AKM for review. Two reviews of each shop drawing have been included in the scope of work. AKM will maintain a complete log of the shop drawing review process. Shop drawing reviews will be completed within two weeks of receipt. It is currently anticipated that shop drawings will be required for the pumps, motors, valves, piping, generator, ventilation system, control panel, electrical materials, access hatches, concrete mix design, AC mix design, bypass pumping plan, and automatic transfer switch. D. As -Built Drawing Preparation The Contractor and Resident Engineer redline drawings will be used for preparation of as -built drawings. Deliverables will include: ■ 1 Set Revised Mylar Drawings ■ 1 Set Electronic Copy of the Revised Plans in AutoC",MFt AKM Proposa.L No- 15 -1008 -8 - r �EE F TS721MATI, Our proposed fee and schedule of hourly rates are presented in the tables below. The proposed fee reflects our understanding of the project and includes all tasks as requested by the City. We would be happy to revise the final scope of work and corresponding fee for the project should the City desire such modifications. FEE ESTIMATE City of Huntington Beach Edgewater Sewage LM Station Replacement Java r r 19, 2015 C R (s)T F -7, TASK A - PRE DESIGN SERVICES I Research and Investigation 4 4 8 $1.500 $1.50 * 50 JaXick-off Meeting b. Review Existing Documents 8 8 $1,440 44 $1.44 c,Mliry Coordination 2 1 121 141 $1,980 $1 $1.98 Id. Pump Station Site Survey/Topo Map 2 1 1 2 $360 $12,000 .98 $12.36 2 Preliminary Design Report 8 80 16 8 601 80 16 268 $36,275 $6,000 $442.27 Pro-Dosign.serwces 12 96 16 72 J_ 16 S12.000 NNW 1W TASK B - FINAL DESIGN SERVICES I 1 Project Meetings 16 16 32 $6.000 1 $6.004 2 Construction Plans 12 192 40 8 192 480 1 924 $113,940 $113.944 4 Technical Specifications 8 40 12 4 16 241 104 $15.144 $15.144 5 Plan Check Processing 2 4 8 14 $2.190 $2, 1 9C 6 Cost Estimate 41 6 20 32 $4,920 $4,92C 21 2 4 $750 $29.000 $2975C 7 Geotechnical Investigation 16. 8 — 42 $6,030 $6.03C 8 Environmental Suppon 21 8 8 4 $1,290 $15,000 $16,29( 9 Potholing 21 21 —T-1 .8 —TM —F9264 --NNW 48 — 272 W — YN 488 so TASK C - CONSTRUCTION PHASE SERVICES I Preconstruction Phase/Bid Support $2,304 a. Respond to Questions 4 4 4-- 4 16 $2,304. $720 b. Attend Pread Conference 4 4 $7201 $2.754 c.Prepare Addenda 8 2 8 4 $2.754 2 Engineenng Construct on Support Services I $4.3201 a. Attend Construction Meetings 1 24 24 $4.320 b. Respond to RR/RFC 21 16 I6 16 8 58 $9,078 12O iNA c. Shop Drawing Review 21 40 40 16 401 40 M $19.470 $3A201 d As-Eluift Drawings 4 41 241 32 $3A20 CcnsV=cn F7uso 9;r—vmK= 56 272 lam so so so Sa0661 Total Hours 64 468 138 56 332 6W �J= 96 IT32 Total Labor $12.4%) $84,240: S2ZT70 $9,240' S44,820 $6,336 5233,886 $1Z000 $6,00D $16,000 $29,000 $296 S10, Expenses TOTAL COST =,%4 NouriyRetes $I951 —$,+80—$1+65 $1651 $1351 $90 $66 1 N fflig 01 Proposal, No: 15-1008 -9- AKM's schedule for completing the project is shown in the attached bar chart. Assuming a February 3 start date, it is anticipated that the Preliminary Design Report will be submitted on April 24, 2015. Final construction documents will be completed by September 4, 2015. We appreciate the opportunity to be of continued service to the City of Huntington Beach. Please feel free to call if you should have any questions concerning our proposed scope of services. Very truly yours, AK Cons Itin Engineers jbhii Loague, P. Principal Attachment: Project Schedule AKM ProposaLNo: 15 -1008 -10 - PROJECT SCHEDULE CITY OF HUNTINGTON BEACH Edgewater Sewage Lift Station Replacement January20, 2014 ��q ID Task Name Duration Start I -Finish re�i ilM� T �!¢� FQ 1 JL$ 1 1 5 120Q2612.L.8116 1 PHASE A -PRELIMINARY DESIGN REPORT 69 days Tue 2/3/16'; Frl 4/24/15 I `• j i 2 1. Research & Investigation 24 days Tue 2P3116; Fri 316116 i — 3 A. Kick Off Meeting 1 dayTue 2/31151 Tue 2/3115 0 _..........._._...._._.............__..._......................................._...._.._._._..—..-.._.... -....—._ ._- --.—.-. — -- a B. Review Existing Documents 4 days Tue 2/3/15; Fri 2/6/15 0: — — 5 C, Utiiity Coordination 19 days Tue 213115: Fri 2/27/15 j --- e _._ _D. Site Surveys 21 days Wed 2/4/15' Wed 314/15 i 3 ...._. .......... 7 E. Flow Monitoring 15 days on 2/16/15! Fri 3/6/15 y 8 2. Preliminary Design Report 59 days Tue 2/3115; Frl 4/24/15 ; + 1j 9 Draft Report 44 days Tue 213/15 Fri 413/15 } i— 10 City Review _ 10 days Mon 416/15, Fri 4/17/15 r12 Final Report 5 days Mon 4/20/15! Fri 4/24/15 i PHASE B -FINAL DESIGN SERVICES, CONSTRUCTION 96days Mon4/27/16; Fri 914116 PLANS & SPECS 1. Construction Plans/Specifications/Estimates 95 days Mon 4127115' Fri 914116 1a 60"6 Submittal 25 days Mon 4/27/15 Fri 5/29/15 E 15 C Review 10 days Mon 6/1/15 Fri 6/12/15 hY I I i i 16 90% SUtxrtittal 30 days Mon 6/15J16 Fri 7/24115 17 City Review 10 days, Mon 7/27/15', Fri 817115 18 100%Submittal 20 days Mon 8/10/15 Fri 9/4/15 ; ? 19 2 Geotechnical Investigation 36 days'' Mon 4127115; Fri 6/12J1 ( ' Task External MIIeTask Manual Summary Rollup Split ,,,,,,,,,,,,,,,,,,,,,,,, Inactive Task —__-----__—.___. Manual Summary Milestone ® Inactive Milestone V Start -only C AKM Proposal No. 16.1008 .Summary Inactive Summary Finish -only 7 Project Summary '""'```" Manual Task Progress External Tasks Duration only Split i1 AKM Prop&wLb No: 15 -1008 -11- EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AKM CONSULTING ENGINEERS FOR PROFESSIONAL ENGINEERING DESIGN OF THE EDGEWATER LIFT STATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices......................................................................................... Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited ................................................................9 AttorneysFees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate................................................................................. I I ATTACHMENT #2 Client#: 974 AKMCONSUI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/12/2015 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 Dealey, Renton 8r Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Nl NAME: CT Nancy Ferrick PHONE 510 465-3090 FAXNo: 510 452-2193 AIC, No, Ext ADo IIEss: nferrick@insdra.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Sentinel Insurance Co. LTD 11000 INSURED INSURER B : American Automobile Ins. Co. 21849 AKM Consulting Engineers, Inc. INSURER C : Travelers Casualty 8r Surety Co. 31194 553 Wald Street Irvine, CA 92618-4627 INSURER D : 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD LIMITS A GENERAL LIABILITY X X 57SBWLU8719 9/20/2014 09/20/201 OCCURRENCE s2,000,000 -EACH PREMISESa occTur ence $1,000 000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $10 000 CLAIMS -MADE a OCCUR PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $4,000,000 $ POLICY X J.1 LOC A AUTOMOBILE LIABILITY X X 57SBWLU8719 9/20/2014 09/20/201 COMBINEDaccident) LIMIT 2,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS PROPERTYDAMAGE accident) $ A X UMBRELLA LIAB X OCCUR X X 57SBWLU8719 9/20/2014 09/20/201 EACH OCCURRENCE $1 00O 000 AGGREGATE $1 00O 000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? ® (Mandatory in NH) N / A X WZP81021314 9/20/2014 09/20/2015 X WC STATU- OTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Professional 105344511 9/20/2014 09/20/2015 $2,000,000 per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) General Liability Policy excludes claims arising out of the performance of professional services. Ref: Edgewater Lift Station Project. (See Attached Descriptions) City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n iQRR-2nin ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1247954/M1104314 NMF *ADDITIONAL INSUREDS PER POLICY FORM WORDING: The City of Huntington Beach, its officers, agents and employees. Primary insurance and severability of interests apply per policy form. DEDUCTIBLES: Professional Liability Deductible: $10,000 per claim Umbrella Deductible: $10,000 General Liability Deductible: $0 Auto Liability Deductible: $0 APPROVED AS TO FORMA By' Attorney Q�/ Michael Gates, City SAGITTA 25.3 (2010/05) 2 of 2 #S1247954/M1104314 Insured: AKM Consulting Engineers, Inc. Insurer: Sentinel Insurance Co. LTD Policy Number: 57SBWLUB719 Policy Effective Date: 09/20/2014 The City of Huntington Beach, its officers, agents and employees. Additional Insured: EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury' or "property damage' included within the "products -completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON -OWNED AUTO B. With respect to the operation of a "non -owned auto", WHO IS AN INSURED is replaced by the following: The following are "insureds": d. Anyone liable for the conduct of an "insured", but only to the extent of that liability. 11 Camarillo Sanitary District Department of Public Works 601 Carmen Drive, Camarillo, CA 93010 Office: 805.388:5340 - Fax: 805.388.5387 September 4, 2014'.. AKM Consulting Engineers ¢ Attn: Zeki Kayiran 553 Wald Irvine, CA 92618 Subject: Agreement for Professional Services — Sewer Pump Station No. 3 Rehabilitation SS-13-04 Dear Mr. Kayiran:. Enclosed is a fully executed. copy of the Agreement referenced. above, approved August 27, 2014 by the Camarillo Sanitary District. If you have any questions concerning these documents, please contact me at 805-388-5340. Sincerely, it - Katie Pellerino Staff Assistant Enclosure c: Public Works CSD Agreement No. 2014-6 TABLE OF CONTENTS Page No. Section 1. Term of Agreement.............................................................................. 1 Section 2. Scope and Performance of Services .................................................... 1 Section 3. Additional Services and Changes in Services ...................................... 2 Section 4. Familiarity with Services and Site ......................................................... 2 Section 5. Compensation and Payment................................................................ 3 Section 6. Required Documentation Prior to Performance .................................... 3 Section 7. Time of Performance; Excusable Delays; Extensions .......................... 3 Section 8. Cooperation by District......................................................................... 4 Section 9. Project Documents............................................................................... 4 Section 10_ Consultant's Books and Records......................................................... 4 Section 11. Status of Consultant. ........................................................................ 5 Section 12. Compliance with Applicable Laws ........................................................ 5 Section 13. Nondiscrimination................................................................................. 6 Section 14. Unauthorized Aliens............................................................................. 6 Section 15. Conflicts of Interest............................................................................... 6 Section 16. Confidential Information; Release of Information .................................. 6 Section 17. Indemnification..................................................................................... 7 Section 18. Insurance.............................................................................................. 8 Section19. Assignment........................................................................................... 8 Section 20. Termination of Agreement.................................................................... 8 Section21. Default.................................................................................................. 9 Section22. Notices................................................................................................. 9 Section 23. General Provisions............................................................................... 9 EXHIBIT A - SCOPE OF SERVICES............................................................................... A-1 EXHIBIT B - KEY PERSONNEL & COMPENSATION...................................................... B-1 EXHIBIT C - INSURANCE................................................................................ C-1 AND C-2 CSD Agreement No. 2014-6 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CAMARILLO SANITARY DISTRICT AND AKM CONSULTING ENGINEERS FOR SEWER PUMP STATION NO. 3 REHABILITATION SS-13-04 This AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") effective as of August 27, 2014 ("Effective Date"), is by and among the Camarillo Sanitary District, a sanitary district organized pursuant to the California Health and Safety Code ("District'), and AKM CONSULTING ENGINEERS, a California corporation ("Consultant"). Section 1. Term of Agreement. Subject to the provisions of Section 20 ("Termination of Agreement"), the term of this Agreement will be for a period commencing on the Effective Date and will terminate upon the completion of Consultant's services. Section 2. Scope and Performance of Services. 2.1 Consultant agrees to perform the services set forth in Exhibit A ("Scope of Services"), which is made a part of this Agreement. 2.2 Consultant will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary or proper to perform and complete the services required of Consultant under this Agreement. 2.3 Consultant's designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed in Exhibit B ("Key Personnel & Compensation"), which is made a part of this Agreement. 2.4 Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's key personnel and subcontractors, if any listed in Exhibit B to perform the services required under this Agreement. Consultant shall notify District and obtain District's written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel. 2.5 Consultant must obtain District's prior written approval before utilizing any subcontractors to perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation. 2.6 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. Consultant will at all times faithfully, competently and to the best of its ability, experience and talent, perform Page 1 of 11 CSD Agreement No. 2014-6 all services described in this Agreement. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Section 3. Additional Services and Changes in Services. 3.1 Consultant will not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or listed in the Scope of Services, unless such additional services are authorized in advance and in writing by District. 3.2 If Consultant believes that additional services are needed to complete the Scope of Services, Consultant will provide the District Manager with written notification describing the proposed additional services, the reasons for such services, and a detailed proposal regarding cost. 3.3 District may order changes to the Scope of Services, consisting of additions, deletions, or other revisions, and the compensation to be paid Consultant will be adjusted accordingly. All such changes must be authorized in writing, and executed by Consultant and District. The cost or credit to District resulting from changes in the services will be determined by the written agreement between the parties. Section 4. Familiarity with Services and Site. 4.1 By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed; (b) has carefully considered how the services should be performed; (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and (d) possesses all licenses required under local, state or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement. 4.2 If 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 before commencing its services. Should Consultant discover any latent or unknown conditions that may materially affect the performance of services, Consultant will immediately inform District of such fact and will not proceed except at Consultant's own risk until written instructions are received from District. Page 2of11 CSD Agreement No. 2014-6 Section 5. Compensation and Payment. 5.1 Subject to any limitations set forth in this Agreement, District agrees to pay Consultant the amounts specified in Exhibit B. The total compensation, including reimbursement for actual expenses, may not exceed the amount set forth in Exhibit B unless additional compensation is approved in writing by District. 5.2 Each month during the term of this Agreement, Consultant shall furnish District with an original invoice for all services performed and expenses incurred during the preceding month in accordance with the fee schedule set forth in Exhibit B. The invoice must detail all charges by the following categories: labor (by subcategory), reimbursable costs, subcontractor contracts and miscellaneous expenses. The invoice must list, as applicable, the hours worked and hourly rates for each personnel category, the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, and the total cost of the services. 5.3 District will independently review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with this Agreement. In the event that no charges or expenses are disputed, the invoice will be approved and paid. In the event any charges or expenses are disputed by District, the original invoice will be returned by District to Consultant for correction and resubmission. 5.4 Except as to any charges for work performed or expenses incurred by Consultant that are disputed by District, District will cause Consultant to be paid within 30 days of receipt of Consultant's invoice. 5.5 Payment to Consultant for services performed under this Agreement may not be deemed to waive any defects in the services performed by Consultant. Section 6. Required Documentation Prior to Performance. 6.1 Consultant will not perform any services under this Agreement until: (a) Consultant furnishes proof of insurance as required under Exhibit C; (b) Consultant provides District with a Taxpayer Identification Number; and (c) District gives Consultant a written notice to proceed. 6.2 District will have no obligation to pay for any services rendered by Consultant in advance of receiving written authorization to proceed, and Consultant acknowledges that any such services are at Consultant's own risk. Section 7. Time of Performance; Excusable Delays; Extensions. 7.1 Consultant will adhere to all schedules and deadlines set forth in this Agreement. Page 3of11 CSD Agreement No. 2014-6 7.2 Consultant will not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of District, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. 7.3 If Consultant is delayed by any cause beyond Consultant's control, District may grant, but is not required to, a time extension for the completion of services. If delay occurs, Consultant must notify District within 48 hours, in writing, of the cause and the extent of the delay and how such delay interferes with Consultant's performance of services. Section 8. Cooperation by District. All public information, data, reports, records, and maps as are existing and available to District as public records, and which are necessary for carrying out the Scope of Services will be furnished to Consultant in every reasonable way to facilitate, without undue delay, the services to be performed under this Agreement. Section 9. Project Documents. 9.1 All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer programs, files and other documents (collectively, "Project Documents") prepared, developed or discovered by Consultant in the course of providing services under this Agreement will become the sole property of District and may be used, reused or otherwise disposed of by District without the permission of Consultant. Consultant will take such steps as are necessary to perfect or protect the ownership interest of District in such Project Documents. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to District all such original Project Documents in its possession; provided, however, that Consultant may retain copies of Project Documents. District acknowledges and agrees that use of Consultant's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at District's own risk. 9.2 Except as necessary for the performance of services under this Agreement, no Project Documents prepared under this Agreement will be released by Consultant to any other person or entity without District's prior written approval. All press releases, including graphic display information to be published, must be approved and distributed solely by District unless otherwise agreed to in writing by District. Section 10. Consultant's Books and Records. 10.1 Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services under this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to District under this Agreement. Any and all such documents or records must be maintained in accordance with Page 4 of 11 CSD Agreement No. 2014-6 generally accepted accounting principles and must be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant under this Agreement. Any and all such documents or records must be maintained for three years following the final payment under this Agreement. 10.2 Any and all records or documents required to be maintained by this section must be made available for inspection, audit and copying at any time during regular business hours upon written request by District or its designated representative. Copies of such documents or records must be provided directly to District for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records must be made available at Consultant's address indicated for receipt of notices in this Agreement. 10.3 Where District has reason to believe that any of the documents or records required to be maintained by this section may be lost or discarded due to dissolution or termination of Consultant's business, District may, by written request, require that custody of such documents or records be given to a person or entity mutually agreed upon and that such documents and records thereafter be maintained by such person or entity at Consultant's expense. Access to such documents and records shall be granted to District, as well as to its successors -in -interest and authorized representatives. Section 11. Status of Consultant. 11.1 Consultant is and will at all times remain a wholly independent contractor and not an officer or employee of District. Consultant has no authority to bind District in any manner or to incur any obligation, debt or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by District. 11.2 The personnel performing the services under this Agreement on behalf of Consultant will at all times be under Consultant's exclusive direction and control. Neither District, nor any elected or appointed boards, officers, officials, employees or agents of District, will have control over the conduct of Consultant or any of Consultant's officers, employees or agents except as provided in this Agreement. Consultant warrants that it will 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 District. 11.3 Neither Consultant, nor any of Consultant's officers, employees or agents, will obtain any rights to retirement, health care or any other benefits which may otherwise accrue to District's employees. Consultant expressly waives any claim to any such rights or benefits. Section 12. Compliance with Applicable Laws. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Page 5 of 11 CSD Agreement No. 2014-6 Section 13. Nondiscrimination. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. Section 14. Unauthorized Aliens. Consultant agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C. § 1101 et seq., TINA"), as amended, and further agrees not to employ unauthorized aliens as defined in FINA. Should Consultant employ any unauthorized aliens for the performance of any work or services covered by this Agreement, and should any liability or sanctions be imposed against District for the use of unauthorized aliens, Consultant agrees to reimburse District for the amount of all such liabilities or sanctions imposed, together with any and all related costs, including attorneys' fees incurred by District. Section 15. Conflicts of Interest. 15.1 Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the interests of District or that would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that neither Consultant, nor any officer, principal or employee of its firm will make, participate in the making, or in any way attempt to use the position of Consultant to influence any decision of District in which Consultant knows or has reason to know that Consultant, or any officer, principal or employee of Consultant has a financial interest as defined in Government Code section 87103. 15.2 District understands and acknowledges that Consultant is, as of the Effective Date, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant represents that, except as otherwise disclosed to District, it is unaware of any stated position of District relative to these projects. Any future position of District on these projects will not be considered a conflict of interest for purposes of this section. Section 16. Confidential Information: Release of Information. 16.1 All information gained or work product produced by Consultant in performance of this Agreement will 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 District without prior written authorization from the District Manager, except as may be required by law. 16.2 Consultant, its officers, employees, or agents, shall not, without prior written authorization from the District Manager or unless requested by the Legal Counsel of District, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work Page 6 of 11 CSD Agreement No. 2014-6 performed under this Agreement. Response to a subpoena or court order will not be considered "voluntary," provided Consultant gives District notice of such court order or subpoena. 16.3 If Consultant, or any officer, employee, or agent of Consultant, provides any information or work product (including Project Documents) in violation of this Agreement, then District 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. 16.4 Consultant shall promptly notify District should Consultant, its officers, employees, or agents be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the services performed under this Agreement. District 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 District and to provide District 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 District to control, direct, or rewrite such response. Section 17. Indemnification. 17.1 Consultant shall indemnify, defend, protect and hold harmless District from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively, "Claims"), which District may suffer or incur or to which District may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the negligent or willfully wrongful acts or omissions of Consultant, its officers, employees, or agents committed in performing any services under this Agreement. 17.2 If any action or proceeding is brought against District by reason of any of the matters against which Consultant has agreed to indemnify District as provided above, Consultant, upon notice from District, shall defend District at Consultant's expense by counsel acceptable to District, such acceptance not to be unreasonably withheld. District need not have first paid for any of the matters to which District is entitled to indemnification in order to be so indemnified. 17.3 For the purposes of this section, "District" includes District's officers, officials, employees, agents and volunteers. 17.4 The insurance required to be maintained by Consultant under this Agreement is intended to ensure Consultant's obligations under this section, but the limits of such insurance do not limit the liability of Consultant. 17.5 The provisions of this section do not apply to Claims occurring as a result of the District's sole negligence or willful acts or omissions. Page 7of11 CSD Agreement No. 2014-6 17.6 In the event of any Claim made against District, District may, in its sole discretion, reserve, retain or apply any funds due to Consultant under this Agreement for the purpose of resolving such Claim. 17.7 The provisions of this section will survive the expiration or earlier termination of this Agreement. 17.8 Notwithstanding any provision of this Agreement to the contrary, design professionals shall be required to defend and indemnify District only to the extent allowed by Civil Code Section 2782.8, namely for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional" includes licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities which offer such services in accordance with the applicable provisions of the Business and Professions Code. Section 18. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit C ("insurance'), which is made a part of this Agreement. All insurance policies shall be subject to approval by District as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the District Manager. Section 19, Assignment. The expertise and experience of Consultant are material considerations for this Agreement. District has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant may not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of District. Any attempted assignment will be null and void, and will constitute a material breach of this Agreement entitling District to any and all remedies at law or in equity, including summary termination of this Agreement. Section 20. Termination of Agreement. 20.1 District may terminate this Agreement, with or without cause, at any time by written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. 20.2 Consultant may terminate this Agreement at any time upon 30 days' prior written notice of termination to District. 20.3 Upon termination of this Agreement by either Consultant or District, all property belonging exclusively to District which is in Consultant's possession must be returned to District. Consultant shall promptly deliver to District a final invoice for all outstanding services performed and expenses incurred by Consultant as of the Page 8 of 11 CSD Agreement No. 2014-6 date of termination. Compensation for work in progress not based on an hourly rate will be prorated based on the percentage of work completed as of the date of termination. 20.4 Consultant acknowledges District's rights to terminate this Agreement as provided in this section and hereby waives any and all claims for damages that might otherwise arise from District's termination of this Agreement. Section 21. Default. In the event that Consultant is in default under the terms of this Agreement, District will have no obligation or duty to continue compensating Consultant for any services performed after District provides written notice to Consultant of such default. Section 22. Notices. 22.1 All written notices required or permitted to be given under this Agreement will be deemed made when received by the other party at its respective address as follows: To District: Camarillo Sanitary District 601 Carmen Drive Camarillo, California 93010 Attention: Lucie McGovern Telephone No. 805-388-5334 Fax No. 805-388-5387 To Consultant: AKM CONSULTING ENGINEERS Attn: Zeki Kayiran 553 Wald Irvine, CA 92618 Telephone No. 949-753-7333 ext. 120 Fax No. 949-753-7320 Email zkayiran@akmce.com 22.2 Notice will be deemed effective on the date personally delivered or transmitted by facsimile. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities. 22.3 Any party may change its notice information by giving notice to the other party in compliance with this section. Section 23. General Provisions. 23.1 Authority to Execute. Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations hereunder. Page 9of11 CSD Agreement No. 2014-6 23.2 Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and assigns of the parties. 23.3 Entire Agreement. This Agreement, including the attached Exhibits A through C, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed in this Agreement and supersedes all other agreements or understandings, whether oral or written, between Consultant and District prior to the execution of this Agreement. 23.4 Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by Consultant and by the District Council or District Manager, as applicable. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. 23.5 Facsimile Signatures. Amendments to this Agreement will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. 23.6 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement will 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 District of any services by Consultant will not constitute a waiver of any of the provisions of this Agreement. 23.7 Interpretation. This Agreement will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Agreement with legal counsel. The Agreement will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. 23.8 Severability. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will not be affected and the Agreement will be read and construed without the invalid, void or unenforceable provision. 23.9 Venue. In the event of litigation between the parties, venue will be in the Ventura County Superior Court, Page 10 of 11 CSD Agreement No. 2014-6 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective as of the day and year first above written. CAMARILLO SANITARY DISTRICT Bruce F ,•-D' rict ana er APPROVED AS O FORM: Brian A. Pierik, Legal Counsel CONSULTANT: AKM CONSULTING ENGINEERS By e i Kayiran, P.E., -des' nt By J Loague, Vice Pre 'dent Page 11 of 11 CSD Agreement No. 2014-6 EXHIBIT A SCOPE OF SERVICES [Attached] A-1 CSD Agreement No. 2414-6 , � �� Water = ■ Resources i. i WIN Ar-.O ,NNW Ar r _ N W Infrastructure AKM Consulting Enghieers 553 Wald Construction Wine. CA 92616 Management Telephone: 949.753.7333 Facsimile: 949.753.7320 July 17, 2014 Camarillo Sanitary District 601 Carmen Drive Camarillo, CA 93010 A'ITN: Ms. Lucie McGovern, Deputy Director of Public Works Subject: Proposal to Provide Professional Engineering Design Services Consultant for SS-13-04 Sewer Pump Station No. 3 Rehabilitation Dear Ms. McGovern: In response to your request dated: June 30, 2014, AKM Consulting Engineers is pleased to submit our proposal forr the subject project. AKM Consulting. Engineers has been responsible for successful completion of 41 sewer pump station projects. Our proposed project Manager and Project Engineer have been responsible for 48 and 45 sewer pump station projects, respectively. Based upon our review of the scope of work and available materials, and our extensive knowledge of Pump Station No.3, we have assembled a Project Tram with unsurpassed experience and expertise in wastewater pump station evaluation, design, and construction n1anagement. Their qualifications were subrriitted to the District in our statement of Qualifications dated April 3, 2014. As requested in the current RFP, our submittal elaborates on our approach and methodology for achieving Camarillo Sanitary District's goal of constructing an efficient and easy to maintain pump station, and its forcemain system that will provide a very long service life. We appreciate the opportunity to submit our proposal,. and look forward to being of service to the Camarillo Sanitary District on this most important project. Should you have any questions or require any additional information, please do not hesitate in contacting the undersigned. Very truly yours, AKM Consulting Engineers fki'(Kaytran, P.E. Principal AKM Proposal 14-1056 CSD Agreement No. 2014-6 Camarillo Sanitary District July 17, 2014 Sewer Lift Station #3 SECTION Cover better ]PAGE Project Understanding, Approach, and Methodology...................................................................... 3 Schedule......................................................................................................................................... 7 CostProposal................................................................................................................................... 9 AKM Proposal I4-1056 d® rr�rWi CSD Agreement No. 2014-6 Camarillo Sanitary District July 17, 2014 SewerUftStation #3 Camarillo Sanitary District (CSD) desires to upgrade the existing Sewer Pump Station No.3, and plan for a future foreemain that will convey the effluent from Sewcr Pump Stations No.5, 3, and 2 to east of Calleguas Creek. The existing pumps at Sewer Pimp Station No.3 will no longer be manufactured. Many elements of the pump station, constructed in 1992, are approaching the end of their useful lives. This project will first develop and evaluate upgrade and replacement alternatives for Camarillo Sanitary District's consideration. These studies will be documented in a draft Preliminary Design Report and submitted to the District. This phase of work will include the development of a new permanent bypass pumping system that intercepts the influent flows upstream of the wet well. The actual configuration of the bypass pumping -system will depend upon the alternative selected and the property available for the pump station. We will address the District's comments, and prepare a final Preliminary Design Repot. Upon (lie District's approval, the final PDR will be the roadmap for development of the contract documents for the selected project. The second phase of the project will consist of development of plans, specifications, and estimates for the selected project. The actual. scope of work for this phase will depend on the alternative selected. However, in order to expedite the implementation of the selected project, pre -purchase contract documents will be prepared to secure the long lead items (pumps and motors, electrical equipment, and new standby generator and automatic transfer switch). The third phase of the project includes bidding assistance services, as well as shop drawing reviews for the pre-purchased.equ i pment. The fourth phase will consist of engineering services during construction, including participation on pre - construction and weekly construction meetings, reviewing shop drawings, responding to requests for information, participation in start-up testing; and preparation of the as -built drawings. 1. Preliminary Design 1.1 Project Management and Administration We will provide project management and administration throughout the task. This will start with a kick=off meeting to review and further refine the scope of work and schedule, establish lines of communications, meeting monthly with Camarillo Sanitary District, and providing monthly status reports and schedule updates. 1.2 Retrieve and,Redew all Information We have the existing plans for the pump station. We will obtain all other information such as past geotechnical investigation reports, boundary information, utility records, as well as street improvement plans along Pleasant Valley Road between Pump Station No.3 and Calleguas Creek, We will obtain the latest land use information on future development within the tributary area for use in determining the ultimate flows. We will then set up a meeting with the District staff for site investigation of the pu€up station, and discuss the operation of the existing pump station, and desired features in the upgraded or new facility. During the site investigation, we will verify the as -built plans, and note any differences. We will discuss the SCADA information that can be obtained for the pump station, including flow rate, pump speeds, start and stop times, wet well levels, and SCADA polling intervals. 1.3 Field Flow Monitoring We will install a temporary flow monitor at manhole F14-103 for a 2 week period to monitor the influent flows to the pump station. From this information, we will develop initial average dry weather and peak dry weather flows, as well as peaking patterns/relationships. We will compare this information to the flow monitoring conducted in November 2010 to assess the change in wastewater flows during the past 4 years. The 2010 flow monitoring indicates an average dry weather flow of 1,670 gpm, and a peak dry weather flow of 3,710 gpm. The nighttime flows between midnight and 7:30 am averaged around 700 gpm, with a low of about 500 gpm, ME AKM Proposal 14-1056 3AW M=am CSD Agreement No. 2014-6 Camarillo Sanitary District July 17, 2014 Sewer Lift Station #3 As optional tasks, we will verify the reasonableness of the flow monitoring information by first comparing the measured average dry weather flows to flows calculated from water use records, as described in Task 1.4 (optional), and also from pump station operational records, as described in Task 1.5 (optional). 1.4 Estimate Average Dry Weather Flows from Water Sales Records (Optional Task) Accurate determination of actual influent flows is essential in selecting proper pumps for the existing flows, estimating future flows, and ascertaining that the pumps selected can provide efficient service under all conditions. Under this task, we will estimate the average dry weather flows from water sales records during the lowest water use period. We have attached the water sales records to each parcel in the District's service area. We will utilize a percentage of water use for each land use type as average sewage generation, calibrating these to the pump station flow meter records, and Water Reclamation Plant flow records. 1.5 Estimate Average and Peak Dry Weather Flows from Pump Station SCADA Information (Optional Task) We propose to retrieve the station's SCADA records in as short a time increment as possible, such as 10 seconds, during the temporary flow monitoring effort. This will include the flow meter readings, wet well levels, pump start and stop times, and pump speeds. Prior to this effort, we will request that the District operate the pumps on constant speed for a short period of time, such as during the low flow period allowing the wet well level to rise above the maintain level of 40 inches but below the influent sewer invert while we record the wet well levels and pump start and stop times, as well as flow meter readings. This information will allow us to verify the accuracy of the flow meter, and the influent flows. We will compare the influent flow calculations to the flow monitoring data to verify its accuracy as well. We will then extend the calculations for a 24 hour period with variable speed operation, and compare the calculated flows to the flow monitoring data. The combination of Tasks 1.3 through 1.5 will provide us with the best possible information for accurately determining the existing flows, 1.6 Estimate Future Flows and Phasing After determining the existing flows tributary to the pump station, we will determine the future flows. For this, we will obtain details of all future land use information in the tributary area, such as the Springville Development, and apply reasonable unit flow factors to them to determine the future flows, as well as their phasing. We will discuss the status of the properties that are in the tributary area, but are currently on septic systems. We will use this information to determine the capacity and number of pumps to be included in the project, recognizing that a maximum of four pumps can be fit in the existing structure when a separate bypass pumping facility is constructed. 1.7. Forcemain Improvements The existing force main is 30 inches in diameter. With the existing peak dry weather flow of 3,710 gpm, the maximum velocity is 1.6 feet per second (fps), which is much lower than the 3.0 fps cleansing velocity needed in force mains to prevent deposition of solids. Only the Master Plan estimated ultimate peak wet weather flows can generate cleansing velocities (3.2 fps) in the existing forcemain. As Pump Station No.2 adds flows to the force main, the velocities in the reach east of Pump Station 2 will be somewhat higher. The existing force main generally rises from the pump station to the Calleguas Creek crossing, but has two low points. One is about 800 feet east of Lewis Road where it is below a 12-inch water line which itself is 9 feet deep. The other is at Via Rosal just west of Calleguas Creek, The low points are undesirable as solids will tend to settle in these areas because the velocities are very low. We propose to conduct a detailed analysis of the existing forcemain, as well as future forcemain alternatives as part of this study. We will create a hydraulic model of the foreemain system including various Pump Station No.3 alternatives and flows; Pump Station No.2 pumps and its flows; as well as its force main(s) in the study. A[{M Proposal 14-1056 4 s r r CSD Agreement No. 2014-6 Camarillo Sanitary DIstrlct July 17, 2014 Sewer IJft Station #3 The new forcemain needs to be sized to produce cleansing velocities during the peak dry weather flow periods, and rise continuously. A 21-inch diameter forcemain will have velocities ranging from 0.5 fps to 3.5 fps with the existing dry weather flows, and 4.6 fps with the existing peak wet weather flows. Additionally, cleaning features such as pig launching and retrieval facilities treed to be provided to allow periodic maintenance of the new forcemain. The existing force main can then be used 'as a redundant parallel forcemain which can be put into operation during maintenance of the new forcemain. Once the new forcemain is placed in service, the existing forcemain can be retrofitted to eliminate the low points by constructing some utility relocations. As part of this project, we propose to develop a preliminary plan and profile of the new forcemain taking into account the existing utilities, and connection to the Pump Station No.2 forcemain. 1.8 Develop Improvement Alternatives Including Temporary and Permanent Bypass Facilities All alternatives will include a bypass pumping facility that is upstream of the existing or future wet well, details of which we will discuss following the description of the alternatives. Under this task. we have currently identified five (5) alternatives, although other variations of these can also be considered: 1. Alternative 1 - Equipment replacement only. This alternative will replace the existing pumps with new pumps of proper capacity, and add a fourth pump, along with a separate new bypass pumping facility. We suggest that it should also replace the existing standby generator if this is the total extent of the work. We have tentatively selected Hydrostal 16-KS as possible replacement for the existing pumps. The calculated maximum horsepower is 142. We expect that the pumps will have 200 HP motors. The existing electrical equipment can handle this load. Somewhat smaller pumps will also be considered to better match the diurnal variations in flow since there will be space for a fourth pump with the construction of a new bypass pumping system. The primary problem with this alternative is the constraints imposed by fixed suction and discharge connection points with pumps that will likely have different dimensions that) the existing pumps. This alternative will likely require fabricating special fittings to construct the work within the available space, as well as new support structures for the pumps. In this alternative, after the bypass pumping facility is tested and accepted, the pumps can be replaced one at a time until all three are replaced, and the fourth pump can be added. 2. Alternative 2 — Equipment and discharge piping replacement within the dry well — This is a variation of Alternative I, where the piping between the suction isolation valve and the discharge header exiting the dry well is replaced along with the pumps, which will provide the needed flexibility to fit the new pumps without the need for special fittings. This alternative will require bypass pumping at least during the replacement of the discharge header and installation of two pumps. As in Alternative 1, a new bypass pumping facility will be constructed, and a new emergency generator will be included. 3. Alternative 3 — All new equipment - will include all of either Alternative I or Alternative 2, as well as replacement of the electrical equipment, standby generator, and the surge tank. 4. Alternative 4 -- New wet well within the existing property and new electrical equipment, standby generator, and surge tank. -- This alternative will construct a new wet well within the existing property limits, to the east of the existing dry well with connections to the dry well. It will involve a phased construction generally as follows: a. Construct a new bypass pumping system b. Relocate the transformer to outside of the existing wall near Pleasant Valley Road c. Install temporary emergency generator d. Install new surge tank or surge relief system outside (south) of the existing wall e. Remove existing emergency generator and surge tank AKM Proposal 14-1056 5 CSD Agreement No. 2014-6 Camarillo Sanitary District July 1 i, 2014 Sewer Lift Station #3 f. Construct new wet well to the east of the existing dry well, connect to the existing dry well with gates g. Construct new electrical building, switchgear, and motor control center with VFD's and solid state bypass contactors adjacent to and east of the existing electrical building h. Install new emergency generator and connect to the new MCC through the new automatic transfer switch i. Install new submersible pumps in the new wet well and connect to the existing forcemain with future connection point for the new forcemain j. Test the proper operation of the new pump station utilizing the new emergency generator k. Connect electric power to new switchgear 1. Convert existing wet well and drywell to an emergency storage facility 5. Alternative 5 — New pump station outside the existing property — This alternative will require obtaining property to the west or east of the existing pump station and constructing a new submersible pump station with sufficient emergency storage, and a bypass pumping system. The existing pump station can then be demolished and property can be sold to the owner of the adjacent property. One variation of this may be to acquire smaller area to construct the new bypass pumping facility, the wet well, and electrical building, and provide the emergency storage in the existing wet well/dry well structure. We will evaluate each alternative, prepare a preliminary layout of the work, develop an implementation schedule, and prepare capital and life cycle cost estimates for them. We will list the advantages and disadvantages of each alternative, and provide recommendations for construction. We will have regular meetings with District staff throughout the development of the project to receive input, comments, and direction. We will document the work in a draft Preliminary Design Report, and submit it to Camarillo Sanitary District for final review and comments, We will address the comments and prepare a Final Preliminary Design Report, which will be the roadmap for the final engineering work, 2. Engineering Design The scope of work for this phase will consist of the following tasks: 2.1 Project Management and Administration We will provide project management and administration throughout the task. This will start with a kick-off meeting to review and further refine the scope of work and schedule, meeting monthly with Camarillo Sanitary District, and providing monthly status reports and schedule updates. 2.2 Engineering Design Services 1. Assistance in purchasing pump equipment and generator prior to construction — We will prepare pre -purchase specifications for the long lead items such as the pumps and motors, electrical equipment, emergency generator, and possibly the surge tank, depending upon the alternative selected. We will review it with CSD, and finalize it. The specs will have specific responsibilities for the equipment suppliers as to delivery, storage, and possibly re -delivery to the job site (this may be assigned to the construction contractor). We will review the shop drawing submittals until they are approved. For this proposal, we have assumed that we will pre -purchase the pumps and motors, and a new emergency generator and its automatic transfer switch. 2. Topographic survey — We will conduct a topographic survey of the existing property extending to Pleasant Valley Road. We will dip the manhole on Pleasant Valley Road. AKM Proposal 14-1056 CSD Agreement No. 2014-6 Camarillo Sanitary District July 17, 2014 Sewer Lift Station #3 We will also conduct surveying work inside the existing dry well to determine the precise locations and elevations of the suction isolation valves, discharge isolation valves, pump supports, and the discharge header connections at the two ends (connection to the drain line, and exit from the dry well. 3. Potholing — We will conduct potholing of the existing influent sewer at the two bends north of the manhole on Pleasant Valley Road, and the forcemain at three locations between the metering vault and Pleasant Valley Road to ascertain its elevations for any potential connections 4. Geotechnical Investigation -- We have included budget in our proposal to conduct geotechnical investigation for developing design recommendation for the design of the bypass pumping system. 5. Design documents and engineer's estimate for 50%, 90%,100% - We will prepare detailed plans, specifications, and estimates for the work at the three completion stages, submit them to CSD for review and comments, incorporate them into each subsequent submittal until CSD is fully satisfied with the work. We will implement our QA/QC and constructability review programs throughout the design work to developtechnically superior work products that are biddable and buildable. 2.3 Generate information needed to support tite preparation of NPDES stormwater quality compliance during construction — We will include these requirements in the project plans and specifications 2.4 Coordination with CSD consultants related to CEQA, HPDES Construction Stormwater, ROW, and construction manager — We will coordinate the work with the City's consultants as necessary, and incorporate their comments into the contract documents. Pre -qualification Package- If desired by CSI), we will prepare a pre -qualification package -and assist CSD in pre- qualifying contractors 3. Bid Phase 1. We will prepare a Pre -bid Meeting agenda for review and continents by CSD. We will incorporate the CSD's cominents, and finalize the agenda. 2. We will attend. the Pre -Bid meeting and respond to prospective bidder questions. We will document the meeting and issue minutes of the. meeting 3. We will prepare two (2) addenda, as required, to further describethe project requirements 4. We will review the bids, verify arithmetic accuracy, check contractor references, and make a recommendation for award 4. Construction Phase 1. We will prepare a Pre -bid Meeting agenda for review and comments by CSD. We will incorporate the LSD's comments, and finalize the agenda. 2. We will attend at the Pre -Construction Meeting and respond to questions 3. We will attend/participate in weekly progress meetings 4. We will review submittals and shop drawings 5. We will respond to up RFIs (30 included in our budget) 6. We will participate in the start-up testing of the facility 7. We will prepare record drawings based upon red -lined records by the contractor and the constriction manager. Our proposed schedule is illustrated on the following page. It is based upon our understanding of the project's requirements regarding Alternative I described above. We will update the schedule following the preliminary design work to reflect the requirements of the selected scope of work. We understand the importance of the project, and will strive to expedite the schedule to get the selected improvements constructed properly in the shortest possible time. ® en Qa m AKM Proposal 14-1056 7 W# la « to CSD Agreement No. 2014-6 0 cn co m m 3 m z 0 Bwr Pure --y ". MA PREUWNOAY 6tsidii iw�6� 1 VYID. Will �"2 1 m 3 -.N.A VN" 4w%� z "W.. vywWV I V", VIM YAO lVykl jd-..Vemeffl and 2 Retft" and R.*w ON F*sgg IftgnaWn. I"N- Smff — 3 VWtIy Elftling Flo" and Fturnal Panama fromFl*w -- - ---------- - ------- kftnkwkv ....... .. ..... . 4 VWhV EMWQ F$*- ftW WatWSBMS Re=rdg V.* E.**Ig Flo- &M P.Y9 S(aOon openrlwW R000M ------ 6 E.Ikna% F.I- FL- and Pno0v . ....... 7PmVaworyE"ustion&fFut�Fazwnitln )ma­ffc�b ! . . . . . ... . .. . .................. ............... mrm SDvvaWImPvvWnan%AMbM*6ft hodkVT*rr*.and p- Byp." - ----- I 16 9 E'Mlua% IMP�nWt Aftna*- (5) InCluding Llb, CyCio cost$ . ..... -- -- -- 11 10 Pf"mm Ontft PmRminary Doslon Rapon 12 1, Pmmm Final Pregoinsty Oasign Raw ... ....... U ENGINEEFtt#G DM*N 1. 1 Pm)ect MarooemM and Adn-tration ------- ------ 11 2 P.p.. P-P-hsaa Spodftnk- 3 T-pWroohi. S-1-Y Wpm" 4 Ptnory %a 6 13e010.mlol Inmugabon a f4% plans - ----- 20 7 M Plans - 11100% Plan. --- ----------- 21 1 swcificagons .. . ... ....... ARC........ ..... nom3pliolpm ................. ZI 10 Eibrrmos ........ ................ ...... NOW U 11 R.,i- Shop Drolgs W PrrPurdvalod Me- . ...... - - -------- 24: 12 ftsht Crnsfifl. S..h.V Mbio .0 Cmtawor . . . .......... . ...... I am P-OUGAIAoaI)M (OPTIONAL) 26 BID PKASE SEWC.E$ As Required COMTRUC"ON PKA= WjrV=S As Required as Wm OakSam,nyftv- So- S. r Camarillo sanitary District July 17, 2014 Sewer Uft Station #3 Our estimate: of the required workhours by category and taste is presented in the following table. It includes optional tasks, and is based on implementing Alternative 1, which will replace the existing pumps and motors, as well as the piping between the suction and discharge isolation valves. AKM Proposal 14-1056 CSD Agreement No. 2014-6 STAFF O, & FEE ESTIMATE Camarillo Sanitary District Sewer Pump Station No.3 RehaWtation ;� .x� (2. "R KR�' S?..�. �`�'"`x� 4Y -::: �L'S_ SA �. .r�k. �i� yac �' ..:aiC ''c.�d , �.A�,�yt,.}�.Fi b 'fw k � Lpi. m Si'bA; .:;_ :.t 5 .. TM1 l ' 2,,� �✓�9.Y% 3:v � , ��� ��:�� � 7 l�; r .�"i•W.f R •�1 +y5 �f ,• .-p� y('fi�'&'r^ yam' Yv r.v. C° }�$ vat � _.L;i3f�'y:ri :d&. •:4.. :•uv�j�.�{]1 $�`!�.wPf wp� .. • .9'�j.t1 K�'E.:tJ.e ��/T�; '.ICi.� may.,,", .%:i. '"4.n..:$ ��kY` P :..mot �u�: ..&:.f�.f'a X t ..: 1�'��. bSRfi»pupa�.d'a^�a�4.E1Sis:m0.AMs be}N�s�brs��r��.:SiL AxL3�i .0.S:ih.... S kiu;' x` •`('�{+^�F � :..jai �" Y � at„p:eE3' �dfi'��Y-'ti� .[. :� � (�, � v�t i_?,..S.? �Yy. i �sy .R.Y. k}+J.:, � fY.��3" S,��.e^gvR iu��. �M1yR�TM�• �*"ijy;`.��,. t.r.C:J';'''S��@f"''E3�i.....3..LL,. : (��A;.i#..F{:t�b,�t`b� k�ty$�t'i.' 't�.s�.�Wg� ^}Fr•``r�:'�' . ". vt b•:C+. l,�"jh1-f5' � '`�PRIZE aa�st■���m���� m®mamom�����1 CSD Agreement No. 2014-6 EXHIBIT B KEY PERSONNEL & COMPENSATION Consultant's designated representative(s) who is/are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement is/are: Zeki Kayiran, P.E. 2. Total compensation under this Agreement, including reimbursement for actual expenses, shall not exceed: $314,024. FEE SCHEDULE Routine office costs such as computer usage, software, telephone charges, office equipment and supplies, travel, incidental postage, copying, faxes, etc. are included in the hourly rates. Plan copying, outside copying and overnight mail will be reimbursed at cost. No minimum number of hours per day will be allowed. Consultants may only bill for actual hours worked. Subconsultant markups shall not exceed 10%. KEY PERSONNEL: Name Title/Position Rate Per Hour Zeki Ka Iran Principal Engineer $195 John Loa ue Project Engineer $180 Gary Hobson Project Engineer $180 Diann Pay Associate Engineer $135 Ron Wong Associate Engineer $135 SUBCONSULTANTS: Name Title/Position Rate (Per Hoag) Larry Mullen Electrical $180 William Meagher Surveying $100 B-1 CSD Agreement No. 2014-6 EXHIBIT C INSURANCE A. General Requirements. Before commencing the performance of services under this Agreement, and at all other times this Agreement is effective, Consultant must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tvoe of Insurance Limits (combined single Commercial General Liability $1,000,000 Business Automobile Liability $1,000,000 Professional Liability $1,000,000 Workers Compensation Statutory Requirement B. Commercial General Liability Insurance. This policy must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. The insurance must be on an "occurrence" not a "claims -made" basis. C. Business Automobile Insurance. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto) and Endorsement CA 0025, or equivalent forms subject to the written approval of District. D. Professional Liability Insurance. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made basis" if not available. When coverage is provided on a "claims made basis," Consultant will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ("extended insurance"). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover Consultant for all claims made by District arising out of any errors or omissions of Consultant or its officers, employees or agents during the time this Agreement was in effect. E. Workers Compensation. Consultant must have a State of California approved policy form providing the statutory be required by law with employer's liability limits of no less than $1,000,000 per accident for all covered losses, or Consultant must provide evidence of an approved self-insurance program. F. Additional Insureds. Commercial General Liability Insurance policy must provide that District, its officials, officers, employees, agents and volunteers are "additional insureds" under the terms of the policy, and must provide that an act or omission of one of the insureds will not reduce or avoid coverage to the other insureds. G. Deductibles and Self -Insured. Retention. Any deductibles or self -insured retentions applicable to the insurance policies required under this Agreement must be declared to and approved by District. In no event may any required insurance policy have a deductible, self -insured retention or other similar policy provision in excess of $50.000 without prior written approval by District in its sole discretion. At the option of District, either the insurer will reduce or eliminate such deductibles or self -insured retentions with respect to District's additional insureds or Consultant will procure a bond guaranteeing C-1 CSD Agreement No. 2014-6 payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self -insured retentions. H. Primary Insurance. Each of the insurance policies maintained by Consultant under this Agreement must state that such insurance will be deemed "primary" so that any insurance that may be carried by District will be deemed excess to that of Consultant. This endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent form as determined by District. Certificates of Insurance and (Endorsements. Prior to commencing any services under this Agreement, Consultant must file with District certificates of insurance and endorsements evidencing the existence of all insurance required by this Agreement, along with such other evidence of insurance or copies of policies as may reasonably be required by District. These certificates of insurance and endorsements must be in a form approved by the District Attorney. Consultant must maintain current certificates and endorsements on file with District during the term of this Agreement reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days' prior written notice to District by certified mail, return receipt requested. The delivery to District of any certificates of insurance or endorsements that do not comply with the requirements of this Agreement will not waive District's right to require compliance. Insurance Rating. All insurance required to be maintained by Consultant under this Agreement must be issued by companies licensed by or admitted to conduct insurance business in the State of California by the California Department of Insurance and must have a rating of A or better and Class VII or better by the latest edition of A.M. Best's Key Rating Guide. K. Aggregate Limits. The aggregate limits for each insurance policy required under this Agreement must apply separately and solely to the services performed under this Agreement. If the required policies do not have an endorsement providing that the aggregate limit applies separately to the services being performed, or if defense costs are included in the aggregate limit, then the required aggregate limits must be increased to an amount satisfactory to District. L. Waiver of Subrogation Rights. Consultant and each insurer providing any insurance required by this Agreement must waive all rights of subrogation against District, its officials, officers, employees, agents and volunteers, and each insurer must issue a certificate to District evidencing this waiver of subrogation rights. M. Failure to Maintain Required Insurance. If Consultant, for any reason, fails to obtain and maintain the insurance required by this Agreement, District may obtain such coverage at Consultant's expense and deduct the cost of such insurance from payments due to Consultant under this Agreement or may terminate the Agreement. N. Effect of Coverage. The existence of the required insurance coverage under this Agreement shall not be deemed to satisfy or limit Consultant's indemnity obligations under this Agreement. Consultant acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Any insurance proceeds available to District in excess of the limits and coverage required by this Agreement, and which is applicable to a given loss, must be made available to District to compensate it for such losses. C-2 CSD Agreement No. 2014-6 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk March 18, 2015 AKM Consulting Engineers ATTN: Zeki Kayiran 553 Wald Irvine, CA 92618 Dear Mr. Kayiran: Enclosed for your records is a duplicate original of the "Professional Services Contract Between the City of Huntington Beach and AKM Consulting Engineers for Professional Engineering Design of the Edgewater Lift Station." Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand