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HomeMy WebLinkAboutC-4495 - PSA for Sewer Master Plan UpdatePROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS FOR SEWER MASTER PLAN UPDATE THIS AGREEMENT is made and entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and AKM CONSULTING ENGINEERS, a California Corporation whose address is 553 Wald, Irvine, California, 92618 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. On July 25, 2006, City and Consultant entered into a Professional Services Agreement to prepare a Sewer Master Plan, which expired on its terms on December 31, 2007. City is now planning to update the City Sewer Master Plan. C. City desires to engage Consultant to provide professional engineering services for preparing a Sewer Master Plan Update ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Zeki Kayiran, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. . - TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31s� day of December, 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Forty -Eight Thousand, Two Hundred Forty -Eight Dollars and no1100 ($48,248.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing [7 3 in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated ZEKI KAYIRAN to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. ADMINISTRATION This Agreement will be administered by the Public Works Department. MIKE SINACORI shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. R 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. . STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, 11 volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points 5 in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, 11 employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V4 V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 9 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as 26. 27 hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Mike Sinacori Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Zeki Kayiran AKM Consulting Engineers 553 Wald Irvine, CA 92618 Phone: 949 - 753 -7333 Fax: 949 - 753 -7320 TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all federal, state, county or municipal, whether now 11 governmental entities, including in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. iii: 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY A ORNEY: r r� By: yne D. Bevtttorney hamp, Assistant City ATTEST: By: 16 Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: (, g DaM A. Kiff, City Manager AKM CONSULTING ENGINEERS: By: �n441 Omer Ze ayiran, President By: Mehmet Kayiran, Chief Financial Offic r Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13 m January 20, 2010 City of Newport Beach 3333 Newport Boulevard Newport Beach, California 92660 Attention: Mr. Michael J. Sinacori, P.E. Assistant City Engineer Subject: Proposal for Services to Complete and Update the City of Newport Beach Sewer Master Plan Dear Mr. Sinacori: AKM Consulting Engineers is pleased to submit this proposal for work needed to complete and update the City of Newport Beach's Sewer Master Plan. The scope of work for this effort will consist of completing the Condition Assessment and Sewer System Rehabilitation Plan Phase -1 by incorporating the steel pipe replacement, addressing additional comments from the City staff, and updating the master plan report. The scope of work, project team organization, staff resumes, estimated schedule, and breakdown of costs are included in our proposal. We appreciate the opportunity to submit this proposal and look forward to being of service to the City of Newport Beach. Should you have any questions or require additional information, please do not hesitate in contacting the undersigned. Very truly yours, - AKM Consulting Engineers Zeki Kayiren, P'E. Principal AKM Prop. 10-1012-01-20-10 Waco meson � : Ar rem. Inlrnsbuchere AKM Consulting Engineers 553 Wald Consf oak" Irvine, CA 92818 Management Telephone: 949.753- 7333 Facsknile: 949.753.7320 January 20, 2010 City of Newport Beach 3333 Newport Boulevard Newport Beach, California 92660 Attention: Mr. Michael J. Sinacori, P.E. Assistant City Engineer Subject: Proposal for Services to Complete and Update the City of Newport Beach Sewer Master Plan Dear Mr. Sinacori: AKM Consulting Engineers is pleased to submit this proposal for work needed to complete and update the City of Newport Beach's Sewer Master Plan. The scope of work for this effort will consist of completing the Condition Assessment and Sewer System Rehabilitation Plan Phase -1 by incorporating the steel pipe replacement, addressing additional comments from the City staff, and updating the master plan report. The scope of work, project team organization, staff resumes, estimated schedule, and breakdown of costs are included in our proposal. We appreciate the opportunity to submit this proposal and look forward to being of service to the City of Newport Beach. Should you have any questions or require additional information, please do not hesitate in contacting the undersigned. Very truly yours, - AKM Consulting Engineers Zeki Kayiren, P'E. Principal AKM Prop. 10-1012-01-20-10 SECTION 2 Table of Contents SECTION 1. SCOPE OF WORK ................................. ............................... 2. PROJECT TEAM ............... ............................... 3. STAFF HOUR AND FEE ESTIMATE 4. PROJECT SCHEDULE ........................... CITY OF NEWPORT BEACH Bawer Master Plan AKM Proposal No. 10-1012 TOC -1 Paso Aliffirm SEMON I Scope of Work The following section provides detailed descriptions of the proposed scope of work. TASK 1 Prolect Management. Communication and Meetinas 1.1 Coordination and Communication The project manager will be the point of contact and coordinate all communication with City staff. 1.2 Meetings We will meet with City staff to review the current status, and collect data needed for completing the project. We will prepare meeting agenda, record the minutes of the meetings, and submit them to the City. We will also prepare and submit status reports. TASK 2 Steel Pipe Replacement Program We will collect the project documents for the welded steel pipe replacement implemented since the 1996 Sewer Master Plan, and identify the remaining system to be replaced. We will conduct field reviews where passible to assess the condition of these sewers, and develop improvement project recommendations for their replacement. The findings of this effort will be incorporated into the master plan document described in Task 4. TASK 3 Address Addltional Comments on the Master Plan Update This task will involve receiving the comments developed by the City Engineering and Utilities staff since the submittal of the final document, and addressing them. The results of this effort will be incorporated into the master plan document described under Task 4. TASK 4 Update Master Plan Report We will incorporate the results of the studies conducted under Tasks 2 and 3 into the Master Plan report. We anticipate updating the following report secdons: • Executive Summary • Collection System Condition Assessment • Operation and Maintenance • Capital Improvement Program We will provide one electronic and five hard copies of the final report to the City. CITY OF NEWPORT BEACH 1 -1 Sayer Master Plan Update AKM Proposal No. 10.1012 P fffl- I SECT /ON 2 Project Tearer The project will be under the overall direction of ZeW Kaoran, P.E., who will be the Project Manager. Mr. Kayiran's experience includes over twenty five sewer master plans. He serves as the District Engineer for the Garden Grove Sanitary District, and provides expert services to the City of Los Angeles Bureau of Sanitation in wastewater planning. Ms. Diann Pay, P.E. will be the Project Engineer. Ms. Pay has served in this capacity for the preparation of fifteen (15) sewer master plans in the past five years. She is a certified pipeline assessor trainer by the NASSCO Pipeline Assessment and Certification Program. The project engineer will be supported by a well experienced staff superbly trained in their fields, including pipeline assessment. CITY OF NEWPORT BEACH 2 -1 Sower tMaeter Plan AKM Proposal No. 05-2676 A,= Project Team /Project Experience ZEKI KAYIRANr P.E. PRQFESSIONAL REGISTRATION Registered Civil Engineer, California, 1978 jC- 293301 EDUCATION Master of Science in Civil Engineering - Califomia State University, Long Beach, California, 1974 Bachelor of Science in Civil Engineering - Robert College, 1971 NO. OF YEARS WITH AKM: 19 Project Role: Project Manager EXPERIENCE Mr. Kayiran provides comprehensive technical and management expertise in the planning and design of a wide variety of engineering projects. His professional background includes a blend of consulting engineering and academic experience, including a part-time professorship in the field of fluid mechanics and hydraulic design at California State University, Long Beach. He has developed the survey fors and criteria used for evaluating the wastewater collection systems in Orange County for ASCE's Orange County Report Card. He has extensive working knowledge of the Waste Discharge Requirements issued by the Regional Water Quality Control Board, Santa Ana Region, which mimic the upcoming Statewide Waste Discharge Requirements and the future federal CMOM regulations. Mr. Kaoran's experience includes the following: • Sewer Master Plan and Rate Study for the City of Seal Beach — Project Manager for the preparation of the study including criteria development, inventory, GIS, and hydraulic model of the system, evaluation of seven existing pumps stations, inflow/infiltration studies, hydraulic analysis and condition assessment of the system, preparation of a capital improvement and replacement program, as well as the preparation of a rate study. • Sewer Master Plan and Rate Study for the City of Cypress — Project Manager for the study including complete sewer GIS, hydraulic model, 181 studies, capacity analysis, condition assessment of 25 percent of the system, and development of a capital improvement program as wail as a rate structure to implement the selected program. • Sewer Master Plan and Rate Study for the City of Fountain Valley- Project Manager for the study including complete sewer GIS, hydraulic model, 181 studies, capacity analysis, condition assessment of 50 percent of the system, and development of a capital improvement program as well as a rate structure to implement the selected program. • Sewer Collection System Master Plan and Rate Study for the Garden Grove Sanitary District - Project Manager responsible for capacity and condition assessments, 181 studies, and development of a capital improvement program. Included in the evaluation were three sewer lift stations. CITY OF NEWPORT BEACH 2 -2 Sewer Master Plan `Al � AIGI Proposal No. 10-1012 i ff l Project Team / Project Experience ZEK1 KAYIRAN, P.B. Page Two • Sewer Master Plan and Rate Study for the City of Brea - Project Manager responsible for system Inventory, condition assessment using CCTV records, capacity analysis, preparation of a capital improvement and facility replacement program, sewer GIS, I &I studies, and determination of the rates to support the recommended program. • Sewer Master Plan for the City of La Habra — Project Manager responsible for preparation of a sewer GIS, system hydraulic model, capacity analysis, condition assessment through review of CCTV videos and reports, a prioritized capital Improvement and replacement program, and a financlaltrate study. Also included in the scope of work were various Waste Discharge Requirement submittals and review of the City's Sanitary Sewer Overflow Emergency Response Plan, Preventative Maintenance Program, sewer standards, and I &I studies. • Sewer Master Plan for the City of Palos Verdes Estates — Project Manager for the plan including models and capacity analysis of the system; condition assessment through review of the CCTV reportsltapes and field reviews; formulating a capital improvement program to address system deficiencies and meeting the requirements of the CMOM regulations. • Waste Discharge Requirements Compliance for the City of Seal Beach- Project Manager for the preparation of the all components of City's Sewer System Management Plan, except for the Fats, Olt, and Grease Program. • Sewer Master Plan for the City of Ontario New Model Colony — Project Manager responsible for the preparation of the model, analyses, report and connection fees. The project included evaluating the feasibility of eliminating six existing sewer lift stations by diverting their tributary flows through the Sphere of Influence Area sewers. • Sewer Master Plan for the City of Corona — Project Manager responsible for preparation of a system hydraulic model, capacity analysis, condition assessment, development of criteria, sewer lift station evaluations, and a prioritized capital improvement program. • Sewer System Master Plan and Rate Study for the City of El Segundo - Project Manager responsible for preparing hydraulic models; conducting capacity analysis, condition assessment through review of CCTV reports/tapes and field reviews of all sewer pump stations; preparation of a capital improvement program, and establishing sewer rates to support the selected program. PROFESSIONAL AFFILIATIONS American Society of Civil Engineers Water Environmental Federation American Water Works Association Constriction Specifications Institute CITY OF NEWPORT REACH 2 -3 Sewer Master Plan AKM Proposal No. 10.1012 ja Project ream/ Project Experience DIANN PAY, P.E. PROFESSIONAL REGISTRATION Registered Civil Engineer, California, 2000 [C- 60298] EDUCATION Bachelor of Science in Civil Engineering University of California, Los Angeles, 1995 Master of Science in Environmental Water Resources University of California, Berkeley, 1996 NO. OF YEARS WITH AKM: 13 Project Role: Project Engineer EXPERIENCE Ms. Pay Is the Director of Planning for AKNFConsufting Engineers. In this capacity she specializes In planning and design of water, recychxYnon- domestic water, and wastewater systems. She is a certified pipeline assessor by the NASSCO Pipeline Assessment and Certification Program. Ms.Pay's previous sewer master planning experience includes the following: • Sewer Master Plan for the City of Seal Beach — Project Engineer responsible for facility inventory, unit flow factor and tributary flow determinations, preparation of sewer model, evaluation of pump stations, hydraulic analysis, 1/1 analysis, and prioritized CIP. • Sewer Master Plan for the City of Cypress - Project Engineer responsible for preparation of system map, hydraulic model, flow monitoring, I &I study, development of criteria, procurement and review of CCTV work, capacity analysis, condition assessment, and preparation of a prioritized CIP. Sewer Master Plan for the City of Fountain valley - Project Engineer responsible for preparation of system map, hydraulic model, flow monitoring, I &I study, development of criteria, procurement and review of CCTV work, capacity analysis, condition assessment, and preparation of a prioritized CIP. • Sewer Master Plan for the City of Garden Grove/Garden Grove Sanitary District — Lead Engineer responsible for verification of flows in system via flow monitoring data, hydraulic model in H2OMap Sewer, capacity analyses, review of maintenance records and CCTV tapes, inspection of manholes, interviews with City staff, condition assessment, and the development of a CIP with corrective projects and cost estimates. • Sewer Master Plan for the City of Brea — Project Engineer responsible for facility inventory, development of a calibrated computer model for 109 miles of sewers, hydraulic analyses, condition assessment, recommendations for improvements, development of a prioritized capital improvement program, and agency staff training in the use of the model. CITY OF NEWPORT BEACH 2 -4 sewer Man" Man AKM Proposal No. 10.1012 _�� Project Teal» /Project Experience DIANN PAY, P.E. Page Two • Sewer Master Plan for the City of La Habra - Project Engineer responsible for preparation of study including a hydraulic model, flaw monitoring, development of criteria, capacity analysis, condition assessment, a prioritized CIP, and cost estimates. • Waste Discharge Requirements Compliance for the City of Newport Beach- Project Engineer responsible for the preparation of the City's Capacity Assurance Plan and Sewer System Management Plan for submittal to the Regional Board. Waste Discharge Requirements Compliance for the City of Brea- Project Engineer responsible for the preparation of the Sewer System Management Plan submittal to the Santa Ana Regional Board. • Sewer Master Plan for the City of Ontario New Model Colony - 8200 acre future development area - Lead Engineer with responsibilities including recommendations of trunk sewer alignments, the development of a computer model of the proposed alignments, hydraulic analyses, and preparation of cost estimates. • Sewer System Alternatives Report for the City of Ontario New Model Colony - Project Engineer assisting with recommendations of trunk sewer alignments, development of a computer model of the proposed system, hydraulic analyses, and preparation of cost estimates for 8200 acre future development area. • Sewer Master Plan for the City of Corona - Project Engineer assisting with preparation of study including collection of data to build a sewer GIS and a hydraulic model, flow monitoring, development of criteria, capacity analysis, condition assessment, a prioritized CIP, and cost estimates. • South Corona Sub -Area Sewer Study - Project Engineer responsible for developing sub -area sewer model using MW H Sofrs H2O Map Sewer, and conducting capacity analyses. • Sewer Master Plan for the City of El Segundo - Project Engineer responsible for preparing sewer model, flow monitoring, development of criteria, hydraulic analysis, CCTV and facility reviews, condition assessment, and preparation of a prioritized 10 -year CIP. • Sewer Master Plan for the City of Palos Verdes Estates - Project Engineer responsible for preparation of sewer model, flow monitoring, development of criteria, preparation of scope of work for CCTV Inspection, CCTV and facility reviews, condition assessment, and preparation of prioritized CIP to address system deficiencies and upcoming CMOM regulation requirements. PROFESSIONAL AFFILIATIONS American Society of Civil Engineers Water Environment Federation CITY OF NEWPORT BEACH 2 -5 Sower Master Plan AKM Proposal No. 10 -1012 SECT /ON 9 Staff Hour and Fee Estimate The following proposed work hour and fee estimate for the project delineates the levels of anticipated effort by task and phase. This estimate is based upon our present understanding of the project. Task Description Work Haws H Cost M Project Manager Project Engr Assoc. Engr CADD Operator Clerical Labor Expenses I Management, Communication, Meetings 16 16 8 $6,184 2 Steel Pi Re lacemeni Program 16 24 12 004 3 Address Additional Comments 16 40 40 12 $15,244 A$48,2 4 Update Master Plan Report 24 32 40 40 $15,816 $3,000 Total Hours 72 112 40 64 48 H Rate r 189 165 $115 $65 $85 Total Cost $ $1 18480 800 440 120 $45 $3 CITY OF NEWPORT BEACH 31 Sewer Master Plan AKM Proposal No. 10.1012 SECTION 4 Project Schedule AKM's proposed project schedule is illustrated below. it has been prepared to properly address the scope of work, and utilize the best possible information. We anticipate completing the project within 10 weeks of receipt of all needed information. AKM utilizes a project management approach that focuses on completing technically outstanding projects on time, and within budget. PROJECT SCHEDULE Task Description wk1 wk2 wk3 wk5 wide Wk7 wke wk 10 1 Man a merd, Communication. Meetin s 2 Steel Pipe Replacement Program 3 Address Additional Comments 4 Update Master Plan Report CITY OF NEWPORT REACH 4-1 Sewer Master Plan AKM Proposal No. 10-1012 P G Siii Clientfl: 974 AKMCONSUL ACORD„, CERTIFICATE OF LIABILITY INSURANCE 03101110Om) PRODUCER Dealey, Renton & Associates P. O. Box 12676 Oakland, CA 94604 -2675 6104663090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE IMBED AKM Consulting Engineers, Inc. SW Wald Street Irvine, CA 92616 INSURER A: Hartford Casualty Insurance Co. INSURER a American Automobile Ins. Co. IIWRERC: Travelers Casualty & Surety Co. Amer 'INSUREftO: NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPEOFINSURANCE POLICYNUMBER POLICT'ErFEW) POLICYEXPI OTION LIMITS A GENERALLIABILITY X COMMERCNAL GENERAL LIABILITY CLAIMS MADE W OCCUR 57SBALU8719 09/20109 09/20110 EACHOCCURRENCE $200D000 FIRE DAMAGE(AW"flre) $300000 MED EXP (Arty ane pe n) 610,000 PERSONAL 6 ADV INJURY /2 000 000 GENERAL AGGREGATE K0001000 GEN'L AGGREGATE LIM ITAPPLIES PER: POLICY X PR0. LOC PRODUCTS -COMPIOPAGG 000000 A AUTOMOBILE LIABILITY ANYAUTO ALL OSVLNED AUTOS SCHEDULEDAUroS HIRED AUTOS NON-OWNEDAUTOS 578BALUB719 09/20/09 09/20110 COMBINEDSINGLELIMIT Ma woldw t) =2000,000 BODILYDNJURY (Fwp�R) 1 X BODILY INJURY (PW QWk%n ) $ X PROP DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT 1 OTHER THAN EA AM AUTOONLY: AGG S $ A ExcEssuAsEuTY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 57SBALU8719 09/20109 09120110 EACH OCCURRENCE $1,0001000 -XI AGGREGATE $1,000,000 d $ .•. .- $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY WZP80975892 09/20/09 09120110 X xcsLIM OTH- E.L EACH ACCIDENT $1 OQO 000 E.LOHEASE- EAEMPLOYEE $1,000,000 EL DISEASE - POLICY LIMB 1 $1,000,000 C OTHER Professional Liability QP03801912 09/20109 09/20/10 $1,000,000 per Claim $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEFIICLE $IE %CLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. Ref: ALL OPERATIONS OF THE NAMED INSURED including Sewer Master Plan _ (See Attached Descriptions) City of Newport Beach Public Works Dept Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92663.3816 9A..0 17M'n4 ..17 WNRIC01a, SHOULD ANYOFTHEABOVE DESCRIBED POLICE11613E CANCELLED SEFORETHE WMATTDN DATE THEREOF, THE ISSUING INSURER YBN)9lIQW= TOMAIL 30_ DAYSWRJTTEN NOWETOTHE CERRFICATE HOLDERNAMED TOTHE LE rjeUrKj8= XX)00a0®IINe( "MC A ACORD CORPORATION 195E DESCRIPTIONS (Continued from Page 1) GENERAL LIABILITY, NON -OWNED and HIRED AUTOMOBILE LIABILITY ADDITIONAL INSURED: The Certificate Holder* and any other person named in the written contract between the Named Insured and the Certificate Holder. The coverage afforded Is pursuant to Section C, Who Is An Insured, Sub Section 8., Additional Insureds When Required By Written Contract, Written Agreement Or Permit, Subsection f. Any Other Party of the Business Liability Coverage Form, Form No. SS 00 08. Coverage is primary per policy form wording. "Additional insureds per policy form wording: City of Newport Beach, its officers, officials, employees, and volunteers Blanket Waiver of subrogation applies to Workers' Compensation Cancellation provisions are solely as shown on this certificate AMA 25.a 1U7157) Z 012 0111125U753 Insurer: Hartford Casualty Insurance Co. Insured: AKM Consulting Engineers, Inc. Policy Number: 57SBALU8719 Policy Period: oglwo9— owollo ADDITIONAL INSUREDS: City of Newport Beach, its officers, officials, employees, and volunteers. 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 organizatlon(s) Identified In Paragraphs a. through f. below are additional Insureds when you have agreed, in a written contract, written agresment 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 "yourwork" and included within the "products- completed operations hazard, but only it (1) 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.S. 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.7.11b.(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.S.b. Waterer Of Rights Of Recovery (Waiver Of Subrogatlon) 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 liability for the conduct of an insured", but only to the extent of that liability. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is Indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement fomisa part of Policy No. WZP80975892 Issued to: AKM Consulting Engineers, Inc. By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurat* segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach Public Works Dept Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92663 -3816 WC 04 03 06 (Ed. 4 -84) Schedule ALL OPERATIONS including Sewer Newport Beach, employees, and Countersigned by Job Description OF THE NAMED INSURED Master Plan. City of its officers, agents, volunteers 7 epCLL- Authorized Representative CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist Is comprised of requirements as outlined by the City of Newport Beach. Date Received: 03/01/2010 Dept. /Contact Received From: Shaun Oyler Date Completed: 03/0212010 Sent to: Shaun Oyler By: Michelle Ross Company/Person required to have certificate: AKM Consulting I. GENERAL LIABILITY A. INSURANCE COMPANY: Hartford Casualty Insurance Company B. AM BEST RATING (A-: VII or greater): "A!VM C, ADMITTED Company (Must be California Admitted): Is Company admitted In California? ® Yes ❑ No $2,000,000 plus D. LIMITS (Must be $tM or greater): What is limitprovlded? $1,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must Include); Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTIONI (Confirm that toss or liability of the named Insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mall; per Lauren Farley, the City will accept the endeavor wording. H. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Casualty Insurance Company B. AM BEST RATING (A-: VII or greater) "A "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): r4 ■ $2,000,000 plus $1,000,000 Umbrella Is it included? N/A ❑ Yes F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mall; per Lauren Farley, the City will accept the endeavor wording. nla ❑ No III. WORKERS' COMPENSATION A. INSURANCE COMPANY: American Automobile Insurance Company B. AM BEST RATING (A- : VII or greater): "A "(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is It Included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: -C.2 PR Zs's�l- gent of Brown & Brown Broker of record for the City of Newport Beach Date ❑ Requires approvallexceptionlweiver by Risk Management B&B initials Comments: Approved: Risk Management Date ® Yes ❑ No 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY A ORNEY: r r� By: yne D. Bevtttorney hamp, Assistant City ATTEST: By: 16 Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: (, g DaM A. Kiff, City Manager AKM CONSULTING ENGINEERS: By: �n441 Omer Ze ayiran, President By: Mehmet Kayiran, Chief Financial Offic r Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 13