AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND BKF ENGINEERS
THIS AGREEMENT FOR CONSULTING SERVICES (this "Agreement") is made between the City of Redondo Beach, a chartered municipal corporation (" City") and BKF Engineers, a California corporation (" Consultant" or" Contractor").
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit" A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit" A" in accordance with the schedule set forth in Exhibit" B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit " C".
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant's sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, 1 reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit" A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit " A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit" C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four 4) years after Consultant's completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/ or extra work under this Agreement shall be performed and paid for in accordance with the following:
2 Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the 3 project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: ( 1) all authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultants receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultants finished or unfinished work product through the time of the City' s last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant's breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, agents, and designated volunteers ( collectively, " Indemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement.
4 a. Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by the foregoing paragraph, and to the maximum extent permitted by law, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees' active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b). Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement. b. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
c. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non- Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Consultant acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twenty5 five dollars ($ 25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Consultant acknowledge that this project is a public work to which prevailing wages apply. Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit" E", which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City' s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent ( 25%) or more of the ownership interest in Consultant or twenty-five percent ( 25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant's assets occurs, which reduces Consultant's assets or 6 net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
23. Non- Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non- exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties"
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of 7 law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees ( including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six ( 6) months after accrual of the cause of action.
31. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit" C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
8 35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
9 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 141" day of December, 2021.
CITY OF REDONDO BEACH, BKF ENGINEERS,
a chartered municipal corporation a California corporation C- C By: `( f/
William C. Brand, Mayor Name: cutis /Z, owcr
Title: 1&,JC. ton,, Fly
ATTEST: APPROVED:
etteltAn a2
Eleanor Manzano, City rk Diane Strickfaden, Risk Manager APPROVEDEDAS TO FORM:
Michael W. Webb, City Attorney
10 EXHIBIT " A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
I. CONSULTANT' S DUTIES
Consultant shall perform the following tasks for the Kingsdale Avenue Resurfacing Design Services from 182nd Street to Grant Avenue, Job No. 40880 ("Project").
A. Site Research & Preliminary Design
1. Task 1 — Project Initiation, Kick-Off Meeting & Data Research Prior to commencement of work, obtain the City's written approval of the scope of work and the Projects schedule. Compile and review City record maps and utility agency records for all previous work performed to date in the Project vicinity that impacts the design of the improvements including, but not limited to existing improvement plans / engineering reports of record from the City and other agencies, and applicable design standards, codes and plan processing procedures. Schedule a design kick-off meeting with the City staff 14 calendar days after receipt of notice to proceed from the City. At the design kick- off meeting, discuss the Project' s scope of work, objectives, design criteria, technical requirements, and schedule. Deliver the following materials.
a. Meeting agenda and minutes.
b. Revised Project schedule.
2. Task 2 - Aerial Control, Base Mapping & Supplemental Surveying Provide aerial topography with limits and panels. Ensure its Surveyors set the controls and panels for the aerial mapping, and perform the following. a. Supplemental survey at the intersection covering 100 feet in all directions, cross section of the street, showing CL ( center line), FS finished surface), EG ( edge of gutter), FL ( flow line), and TC ( top of curb)
b. Supplemental survey at all curb returns extending 25 feet from
BCR/ ECR
c. Construction centerline by splitting the roadway width from curb to curb.
3. Task 3 — Right-of-Way Survey
Use available GIS for right-of-way and parcel boundaries. Identify the locations of the areas requiring in depth right- of-way research and mapping, and provide the City with scope and fee for it.
4. Task 4— Site Investigation & Exhibits
Identify locations of curb ramps that may require modified ADA curb ramps, specify the types of those modified curb ramps, which will require the contractor to install those ADA compliant modified curb ramps. Subsequent to the site investigation, prepare the conceptual plan; include an exhibit depicting the course of action for the street, curb and gutter, and sidewalk replacement; and submit to the City for review and approval prior to the 60% Design. Include photos of the areas covered by the site investigation and require City review and comments on the required course of action in the exhibit. Prepare the design documents in accordance with the City's approved course of action and within the City' s allotted budget for the Project.
5. Task 5 — Utility Research / Coordination
With respect to the design, account for the impact construction will have on all utilities. Anticipated impacts to the existing utilities include, but are not limited to, replacements of the water mains and laterals, adjustment of manholes, handholes and valves along the street. With respect to replacing the water laterals, locate the existing utilities in order to avoid potential conflicts with the crossing laterals. Obtain and use the following sources of records and documents relevant to the Project in the design:
a. Records and documents from the State of California, Los Angeles County, and Utility agencies;
b. The City's General Circulation Element;
c. Existing street, signal, storm drain, gas, sewer, and water main improvement plans;
d. Topographic data maps;
e. Record drawings;
f. Utility plans; and
g. Survey centerline and private property monument data.
Prepare written list of all existing utilities within the Project area and the contact information, including the telephone number, e- mail address, and contact person for each Utility agency within the Project area. Notify each Utility agency of the upcoming Project in wilting.
6. Task 6 — Determine/Document Utility/Right of Way Impacts Lead the utility coordination and perform the following services. a. Utility Identification. Conduct research using Underground Services Alert (" USA") database of utilities. Coordinate with the City and local purveyors to accurately identify, locate and assemble utilities within the Project area. Coordinate with all Utility agencies that have their utilities present within the Project area.
b. Utility Documentation. Prepare Utility ' A' letters requesting record mapping, block maps, inspection reports from previous construction (for installation/repair), and document any prior rights the Utility agencies may have for their existing facilities. Once responses are received from the utility companies, Consultant shall document in CADD to be used as part of the project base mapping. Consultant shall then prepare Utility B' letters to be sent to the utility companies for verification and confirmation of the location, depth and ownership rights of their facilities.
Consultant shall develop, update and maintain a comprehensive list of 12 utilities within the Project limits, and label those facilities with ultimate disposition ( protect in place, adjust, relocate, or remove/ abandon).
Consultant shall track the correspondence with / responses from the utilities in a Utility Response Matrix.
7. Task 7 - Geotechnical Investigation/ Report
Conduct geotechnical investigations for the Project, which includes, but not limited to the following:
a. Data Review and USA Notification.
Review readily available background materials, including published geologic and seismic hazards maps, published literature, in- house information, stereoscopic aerial photographs, and reports and/or plans provided by the City. Perform site reconnaissance to evaluate the surface conditions at the sites and to select the spots for the proposed borings based on no- conflict areas, not marked by USA. Obtain City' s approval on the boring locations and necessary no- fee encroachment permit from the City. Provide City approved traffic control during the boring operations.
b. Subsurface Exploration. Perform three borings, each approximately five feet deep. Ensure the proposed pavement segment design will take into consideration the subsurface soil condition at the boring locations.
Obtain necessary encroachment permits from the City for the geotechnical field work. Provide traffic control in accordance with the latest Manual of Uniform Traffic Control Devices ("MUTCD"). In absence of sufficient subsurface utility information from USA, Perform geophysical survey as a provisional task to help select proposed boring locations for underground utilities.
c. Laboratory Testing. Perform sufficient laboratory testing of the representative samples to evaluate in- situ moisture content, density, Rvalue, corrosion, and any other tests necessary to complete the pavement design.
d. Analysis and Reporting. Prepare a geotechnical letter-type report with conclusions and recommendations regarding new pavement sections, earthwork/ grading and corrosion potential at each boring site. In each report, include a boring location map, boring logs, and laboratory test results. Ensure the reports are signed and stamped by a Californiaregistered Geotechnical Engineer ("GE").
8. Task 8 —Aerial Topo
Perform aerial topography of the project area and its immediate surroundings.
Obtain written permission from the City prior to initiating topographic survey.
Perform the following services while performing the topographic survey. a. Site Control. Establish a Project area- side network of horizontal and vertical control to serve as a basis of all subsequent boundary, topographic, and construction staking surveys that will be used 13 throughout the course of the Project. Reference an assumed horizontal, and available local agency vertical datum.
b. Centerline/ Right-of-Way Establishment/Mapping. Conduct the field measurements necessary to re- trace the centerlines and rights-ofways within the Project limits. c. Topography and Street Cross Sections. Include manholes, valve covers, utility vaults and covers, sign posts, signs, trees, utility poles, traffic signal poles, cross gutters, local depressions, catch basins, driveway openings, sidewalks, corner access ramps, fire hydrants, and parkway drains. Use data from the aerial topo in the design of the Project. Provide City with a copy of the topographic survey, in both paper copy and electronic form.
9. Task 1 through Task 8 Deliverables.
Provide the following deliverables.
a. Geotechnical Letter-Type Report.
b. Survey Work Plan
c. Aerial Topography
d. Existing Utility Plans generated from Survey Data.
e. Utility Correspondence/ Utility Response Log/Utility Matrix f. Exhibit of Road Improvements ( Concept Design)
B. 60% Plans, Specifications, and Estimate
1. Task 9— Prepare Title Sheet/Sections/ Notes
Based on the concept plan prepared as described in Task 1 through Task 8, submit the concept plan to the City for comments and discussion. Upon City approval of the concept plan, work closely with its design team to develop and document the construction plans, specifications, and estimate. Prepare Title Sheet, Typical Sections, and General Notes, Legend and Abbreviations with the 60% Plans Specifications and Estimate (" PS& E").
2. Task 10 —Street Improvement Plans
Include all existing utilities and show Right of Way and Parcel Boundaries in the Street Improvement Plans.
3. Task 11 - Signing and Striping Plans
Prepare signing and striping plans.
4. Task 12— Stage Construction/ Traffic Control Plans
Prepare stage construction/ traffic control plans.
5. Task 13 — Construction Details
Provide construction details.
6. Task 14 - Preliminary Construction Cost Estimate
Prepare preliminary construction cost estimate.
14 C. 90% Plans, Specifications, and Estimate
1. Task 15 - Utility Coordination/Final Relocation Notices Notify Utility agencies within the Project area with the " Final Relocation Notice" approved and signed by the City. Attach 90% Plans, including the proposed utility relocations with the " Final Relocation Notice."
2. Task 16 - Refine PS& E Package
Revise the PS& E Package based on the City' s review and comments of 60% PS& E and submit 90% plans to the City.
3. Task 17 - Technical Specifications
Prepare 90% technical specifications and submit to the City.
4. Task 18— Construction Cost Estimate
Prepare 90% construction cost estimate and submit to the City.
D. 100% Plans, Specifications, and Estimate
1. Task 19 - Refine PS& E Package
Revise the PS& E Package based on the City's review and comments of 90% PS& E.
2. Task 20 - Final Technical Specifications
Prepare final technical specifications.
3. Task 21 - Prepare Final Construction Cost Estimate
Deliver final Plans, Specifications, and Estimate in hard copies and electronic format/digital copy, including all prior redlined plans to the City.
E. Construction Support
1. Task 22 — RFI Review/ Response and Site Observation
Provide two site visits to clarify the design intent for the contractor or City Engineer. Respond to contractors Request for Information (" RFI") associated with civil design items.
2. Task 23— Review Contractor's Submittals
Review and respond to contractor's submittals related to the design work of the Project.
3. Task 24 — Prepare As- built Drawings from Contractor/City Redlines Prepare As- Built drawings for the City's records using the contractor' s and/ or City' s red lines drawings
15 EXHIBIT " B"
SCHEDULE OF PERFORMANCE
TERM. The term of this Agreement shall commence on December 14, 2021 and continue through December 13, 2023 ("Term'), unless otherwise terminated as herein provided. Upon City Managers recommendation to the Mayor, this Agreement shall be extended for one-year subject to the same terms and conditions contained herein.
However, no extension shall be effective unless the Mayor provides a written letter authorizing the extension at least fifteen ( 15) days prior to the expiration of the current term. Consultant shall complete all duties in accordance with the following schedule, which may be modified by the City in its sole discretion, and no amendment shall be required for a change in schedule.
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EXHIBIT " C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the rate schedule set forth below.
STAFF HOURLY RATE/ LUMP
SUM
Project Manager 213
Engineer III 183
Surveyor III 183
Engineer II 160
Surveyor II 160
Engineer I 140
Surveyor I 140
Project Assistant 88
Survey— Party Chief 179
Survey— Instrument man/Chainman 116
Subcontractor for Task 7 13,838
Subcontractor for Task 8 2,800
Subcontractors shall be subject to City approval as required in Section 18 of the Agreement.
In no event, shall Consultant's total compensation exceed $ 74, 563 as described in the attached schedule (Attachment 1), which is incorporated herein. Consultant's compensation includes all expenses, including without limitation, costs for travel and mileage, reproduction, telephone, postal, delivery, reference materials, and incidental expenses.
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices shall provide the description of work performed, staff title, hourly rate, and if work is completed by a subcontractor, provide the percentage of work completed and a prorated fee for any partial work completed.
Invoices must be itemized, adequately detailed, based on accurate records, in a form reasonably satisfactory to City. Consultant shall provide any other back-up material upon request.
18 C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within ( 30) days of the City' s receipt and approval of the monthly invoice; provided, however, that the services are completed to the City's reasonable satisfaction and there is no dispute over the amount.
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: BKF Engineers
4675 MacArthur Court, Suite 400
Newport Beach, CA 92660
Attention: Chris Rideout, Vice President/Principal
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Andrew S. Winje, City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 19 ATTACHMENT I
RATE SCHEDULE
See attached.
20 CITY OF REDONDO BEACH
Kingsdale Avenue Resurfacing Design Services from 182nd Street to Grant Avenue, Job No. 40880
BKF TEAM FEE PROPOSAL
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EXHIBIT " D"
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 ( any auto).
Workers' Compensation insurance as required by the State of California.
Employer's Liability Insurance.
Errors and Omissions liability insurance appropriate to the consultant's profession.
Architects' and Engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $ 1, 000, 000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/location.
Automobile Liability: $ 1, 000,000 per accident for bodily injury and property damage.
Employer's Liability: $ 1, 000, 000 per accident for bodily injury or disease.
Errors and Omissions liability: $ 1, 000, 000 per occurrence.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or ( 2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
21 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance, or as a separate owner's policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Errors and Omissions policy, if written on a claims made basis, shall be maintained by the Consultant for a period of one year after the completion of the project.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant's part.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
22 Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City's requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
23 EXHIBIT " E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"), and that this Agreement is subject to ( a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations (" DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771. 4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 24 8. Contractor acknowledges that eight( 8) hours labor constitutes a legal day' s work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8) hours in any one ( 1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/ 2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor's expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 25 AccPRI
a
CERTIFICATE OF LIABILITY INSURANCE
DATEIMMNO/ YYYYI
1219/ 2021
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( les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
BRACT
ucea NAME Nancy Ferrick
Ass AssuredPartners Design Professionals Insurance Services, LLC PHONE 510- 2724400 Fuc 3697 Mt. Diablo Blvd., Suite 230 wDR SS:
1. car
J—. Nor
Lafayette CA 94549 ADDRESS-, nancy. femckgassuredpartners. cum INSURERS) AFFORDING COVERAGE NAIoe
LiggnsoM 6003745 INSURER A_ Traveler Property Casualty Company of America 25674 _
INSURED
BKFENGI-02
INSURER a: The Travelers Indemnity Company of Connecticut 25682 BKF Engineers
255 Shoreline Drive, Suite 200
INSURER c: Hartford Accident and Indemnity Company 22357 Redwood City CA 94065- 1428 INSURER D: XL Specialty Insurance Company 37885 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 923342282 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR - - APOUCYEXP
LTR TYPE OF INSURANCE SUBRwPOLICY NUMBER IMMNMYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY 6808J585363 911/ 2021 9/ 112022 EACH OCCURRENCE 1000,00 rX
Y V
S oxcCUYrenrel $ 1 01X1000
IEb
CLAIMS-MADE OCCUR
X Contractual Lleb
I
Xl
MED EXP( Any one person) I$ 10, 000
PERSONAL& ADV INJURY $ 1. 000.000 Cross• Liam qu
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, OOQ000
IPOLICY X
jEd '. LOC - PRODUCTS- COMP/OPAGG $ 2000000
OTHER:
B AUTOMOBILE LIABILITY Y A . 01015651542 9I1I2021 9I12022 ( Ea LIMIT $ 1000,000
X ANY AUTO 1BODILYINJURY{ Per parson) $
OWNED SCHEDULED BODILY INJURY( Per ecodenb S
AUTOS ONLY AUTOS ED PROPERTY DAMAGE
I X
AUTO X tax ONLY Perpaeent) AUTOS ONLY AUTOS ONLY
I
A X ' UMBRELLALUO X OCCUR V Y CUPBJ595006 9/ 1/ 2021 911/ 2022 EACH OCCURRENCE 5, 000.000 _ EXCESS UAB CLAIMS- MADE AGGREGATE 5. 000,000
DED I RETENTIONS
C WORKERS COMPENSATION V 72WEOK8HOZ 9/ 1/ 2021 9/ 12022 X STATUTE j_ _
AND EMPLOYERS' LIABILITY
y f N
ANYPROPRIETORNARTNEREXECUTIVEN N/
AI
El EACH ACCIDENT I$ 1 00,000
OFFICEMEMBEREXCLUDEOP W
EL DISEASE EA EMPLOYEE. $ 1 000000 Mandatory In NH)
Ips ,baTION under EL. DISEASE- POLICY LIMIT 11 000000 DrSeRIPnaON Oi OPERATIONS below p
lutonny DPR9983160 9/ 1/ 2021 9/ 112022 PerClaim57.000.000 Includes Polluton Liability 1 Annual Aggregate 7, 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES( ACORD lel. Additional Remarks schedule. may be attache Nmore space It required) Umbrella policy is follow-form to underlying General Liability/Auto Liability/Employer' s Liability.
RE: BKF Job No. 020211641- 101 City Job No. 40880/ Project: Kingsdale Avenue Resurfacing Design Svcs from 182nd Street to Grant Avenue, Redondo Beach, CA.
The City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are named as Additional Insured as respects General and Auto
Liability as required per written contract or agreement. General and Auto Liability are Primary/Non- Contributory per policy form wording. Insurance coverage includes
CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Redondo Beach
Diamond Street AUTHORIZED EPRESENTATWE
Redondo Beach, CA 90277
1 I
O 1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/03) The ACORD name and logo are registered marks ofACORD
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER 6808J585363 ISSUED DATE: 12/ 9/ 2021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Names of Additional Insured Person( s) or Organization( s):
Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the bodily injury" or" property damage" occurs or the" personal injury" or" advertising injury" offense is committed.
Location of Covered Operations:
Any project to which an applicable written contract with the described in the Name of Additional Insured Person( s) or Organization(s) section of this Schedule applies.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II— Who Is An Insured is amended to in- This insurance does not apply to" bodily injury" or dude as an additional insured the person(s) or property damage" occurring, or " personal injury" organization(s) shown in the Schedule, but only or " advertising injury" arising out of an offense with respect to liability for" bodily injury", " property committed, after:
damage", " personal injury" or " advertising injury" 1. All work, including materials, parts or equipcaused, in whole or in part, by: ment furnished in connection with such work,
1. Your acts or omissions; or on the project ( other than service, mainte2. The acts or omissions of those acting on your nance or repairs) to be performed by or on
behalf; behalf of the additional insured( s) at the location of the covered operations has been cumin the performance of your ongoing operations for pleted; or the additional insured( s) at the location( s) designated above.
2. That portion of " your work' out of which the
to the insurance afforded to these
injury or damage arises has been put to its inB. With respect tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontracsions apply: tor engaged in performing operations for a principal as a part of the same project.
CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 6808J585363 ISSUED DATE: 12/ 9/ 2021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for" bodily injury" or" property damage" included in the" productscompleted operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.
Location And Description Of Completed Operations
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization( s) section of this Schedule applies.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to in- location designated and described in the schedule of dude as an additional insured the person(s) or or- this endorsement performed for that additional inganization( s) shown in the Schedule, but only with sured and included in the " products-completed operarespect to liability for " bodily injury" or" property dam- tions hazard". age" caused, in whole or in part, by" your work" at the CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1
Policy# 6808J585363
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains your representations. whichever comes first.
The unintentional omission of. or unintentional error
If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurers rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations.
Required By Written Contract 7. Separation Of Insureds
If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies:
contributory basis, this insurance is primary to
a. As if each Named Insured were the only
other insurance that is available to such insured
Named Insured; and
which covers such insured as a named insured.
and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or" suit" is brought.
1) The" bodily injury or" property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs, and To Us
2) The " personal and advertising injury' for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or
do nothing after loss to impair them. At our request,
agreement by you.
the insured will bring " suit" or transfer those rights to us and help us enforce them.
5. Premium Audit 9. When We Do Not Renew
a. We will compute all premiums for this Coverage
If we decide not to renew this Coverage Part, we will
Pal in accordance with our rules and rates.
mail or deliver to the first Named Insured shown in
b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute
If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send
proof of notice.
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date SECTION V— DEFINITIONS shown as the due date on the bill. If the sum of 1. " Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition:
c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication, and as we may request. b. Regarding websites, only that part of a website
6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement.
Includes copyrighted material of Insurance Services Office. Inc. with as permission.
Policy# 6808J585363 COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your " employees" therapy assistant, physical therapist or for " bodily injury" that arises out of providing speech-language pathologist; or or failing to provide " incidental medical b) First aid or " Good Samaritan services"
services" to any person to the extent not
by any of your" employees" or" volunteer
subject to Paragraph 2. a.( 1) of Section II —
workers", other than an employed or
Who Is An Insured.
volunteer doctor. Any such " employees" K. MEDICAL PAYMENTS— INCREASED LIMIT or" volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or " Good Samaritan
SECTION III— LIMITS OF INSURANCE:
services" during their work hours for you
will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of " bodily injury" sustained by any
3. The following replaces the last sentence of one person, and will be the higher of:
Paragraph 5. of SECTION III — LIMITS OF a. $ 10, 000; or INSURANCE:
For the purposes of determining the
b. The amount shown in the Declarations of
applicable Each Occurrence Limit, all related
this Coverage Part for Medical Expense
acts or omissions committed in providing or
Limit.
failing to provide " incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or " Good Samaritan CONDITION— PROFESSIONAL LIABILITY services" to any one person will be deemed
The following is added to Paragraph 4.b., to be one" occurrence".
Excess Insurance, of SECTION IV —
4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS:
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the
Bodily injury or " property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of
M. BLANKET WAIVER OF SUBROGATION —
pharmaceuticals committed by, or with the
knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT
5. The following is added to the DEFINITIONS
OR AGREEMENT
Section: The following is added to Paragraph 8., Transfer Incidental medical services" means:
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment,
If the insured has agreed in a written contract or
advice or instruction, or the related
furnishing of food or beverages: or
agreement to waive that insured' s right of
recovery against any person or organization, we
b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical. dental, or surgical supplies or
or organization, but only for payments we make
appliances. because of:
6. The following is added to Paragraph 4. b., a. " Bodily injury" or " properly damage" that Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
occurs; or
CONDITIONS: b. " Personal and advertising injury" caused by This insurance is excess over any valid and
an offense that is committed;
collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.
CG D3 79 02 19 2017 The Travelers Indemnity Company. All rights reserved Page 5 of 6 Includes copyrighted material of Insurance Services Office. Inc. with its permission Policy Number: 8101S651542
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF B. BLANKET ADDITIONAL INSURED USE- INCREASED LIMIT
C. EMPLOYEE HIRED AUTO
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES- INCREASED LIMIT
D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY
E. SUPPLEMENTARY PAYMENTS - INCREASED K. AIRBAGS
LIMITS L NOTICE AND KNOWLEDGE OF ACCIDENT OR
F. HIRED AUTO - LIMITED WORLDWIDE COV- LOSS
ERAGE- INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE- GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS
PROVISIONS
A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is
person or organization qualifies as an " insured"
An Insured, of SECTION II— COVERED AUTOS
under the Who Is An Insured provision contained
in Section II.
LIABILITY COVERAGE:
Any organization you newly acquire or form durC. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph Al., 50% or more ownership interest and that is not
Who Is An Insured, of SECTION II — COVseparately insured for Business Auto Coverage.
ERED AUTOS LIABILITY COVERAGE:
Coverage under this provision is afforded only un- An " employee" of yours is an " insured" while til the 180th day after you acquire or form the or- operating an " auto" hired or rented under a ganization or the end of the policy period, whichcontract or agreement in an " employee's" ever is earlier,
name, with your permission, while performing
duties related to the conduct of your busiB. BLANKET ADDITIONAL INSURED ness.
The following is added to Paragraph c. in Al., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II - COVERED Other Insurance, of SECTION IV - BUSIAUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS:
Any person or organization who is required under
b. For Hired Auto Physical Damage Covera written contract or agreement between you and age, the following are deemed to be covthat person or organization, that is signed and ered" autos" you own:
executed by you before the " bodily injury" or 1) Any covered " auto" you lease, hire. property damage" occurs and that is in effect rent or borrow: and during the policy period, to be named as an additional insured is an " insured" for Covered Autos 2) Any covered " auto" hired or rented by Coverage, but only for damages to which
your " employee"
mplo ' underm ,
contract
an " employee's" name, with your your
CA T3 53 02 15 m 2015 The Travelers Indemnity Company. NI rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with as permission.
COMMERCIAL AUTO
permission, while performing duties a) With respect to any claim made or " suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions
However, any " auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a
Rico and Canada:
covered" auto". i) You must arrange to defend the " inD. EMPLOYEES AS INSURED sured" against, and investigate or settle any such claim or " suing and keep The following is added to Paragraph A.1., Who Is
u
An Insured, of SECTION II— COVERED AUTOS
us advised of all proceedings and
tions.
LIABILITY COVERAGE:
Any " employee" of yours is an " insured" while usii) Neither you nor any other involved ing a covered " auto" you don't own, hire or borrow insured" will make any settlement in your business or your personal affairs.
without our consent.
E. SUPPLEMENTARY PAYMENTS — INCREASED iii) We may, at our discretion, participate LIMITS in defending the " insured" against, or
in the settlement of, any claim or
1. The following replaces Paragraph A. 2. a.( 2), suit". of SECTION II — COVERED AUTOS LIABILITY COVERAGE:
iv) We will reimburse the " insured" for
sums that the " insured" legally must
2) Up to $ 3,000 for cost of bail bonds ( in- pay as damages because of " bodily cluding bonds for related traffic law viola- injury" or " property damage" to which tions) required because of an " accident" this insurance applies, that the " inwe cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para2. The following replaces Paragraph A. 2. a.( 4), graph C., Limits Of Insurance, of
of SECTION II — COVERED AUTOS LIABILSECTION II — COVERED AUTOS ITY COVERAGE:
LIABILITY COVERAGE.
4) All reasonable expenses incurred by the v) We will reimburse the " insured" for insured" at our request, including actual
the reasonable expenses incurred
loss of earnings up to $ 500 a day be- with our consent for your investigacause of time off from work. tion of such claims and your defense
of the " insured" against any such
F. HIRED AUTO — LIMITED WORLDWIDE COV- suit", but only up to and included ERAGE— INDEMNITY BASIS within the limit described in ParaThe following replaces Subparagraph ( 5) in Para- graph C., Limits Of Insurance, of graph B. 7.. Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to
make such payments ends when we
5) Anywhere in the world, except any country or
jurisdiction while anytrade sanction, emhave used up the applicable limit of insurance in payments for damages,
bargo,
United
Sr similar regulation imposed by the settlements or defense expenses.
United States of America applies to and prohibits the transaction of business with or h) This insurance is excess over any valid within such country or jurisdiction, for Coy- and collectible other insurance available ered Autos Liability Coverage for any covered to the " insured" whether primary, excess, auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less c) This insurance is not a substitute for reand that is not an " auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your " employees", country outside the United States. its terpartners ( if you are a partnership), members ritories and possessions, Puerto Rico and if you are a limited liability company) or Canada.
members of their households.
Includes copyrighted material of Insurance Services Office. Inc. with its permission.
COMMERCIAL AUTO
You agree to maintain all required or 2) In or on your covered" auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered" auto". local law. Your failure to comply with
compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage.
this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B. 3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE:
d) It is understood that we are not an admit- Exclusion 3. a. does not apply to " loss" to one or ted or authorized insurer outside the more airbags in a covered " auto" you own that inUnited States of America, its territories flate due to a cause other than a cause of " loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A. 1. b. and A. 1. c., but ada. We assume no responsibility for the only:
furnishing of certificates of insurance, or
a. If that " auto" is a covered " auto" for Comprefor compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance.
b. The airbags are not covered under any warG. WAIVER OF DEDUCTIBLE— GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $ 1, 000 for any COVERAGE: one" loss".
No deductible for a covered " auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
The following is added to Paragraph A.2. a., of
SECTION IV— BUSINESS AUTO CONDITIONS:
USE— INCREASED LIMIT
Your duty to give us or our authorized representaThe following replaces the last sentence of Para- tive prompt notice of the " accident" or " loss" apgraph A.4. b., Loss Of Use Expenses, of SEC- plies only when the " accident" or " loss" is known TION III— PHYSICAL DAMAGE COVERAGE: to:
However, the most we will pay for any expenses a) You ( if you are an individual); for loss of use is $ 65 per day, to a maximum of b) A partner( if you are a partnership); 750 for any one" accident". c) A member ( if you are a limited liability coml. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES— INCREASED LIMIT d) An executive officer, director or insurance The following replaces the first sentence in Para- manager ( if you are a corporation or other orgraph A.4. a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- e) Any " employee" authorized by you to give noAGE: lice of the" accident" or" loss".
We will pay up to $ 50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION 1, 500 for temporary transportation expense inThe following replaces Paragraph A.S., Transfer curred by you because of the total theft of a covOf Rights Of Recovery Against Others To Us, ered" auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDIJ. PERSONAL PROPERTY TIONS :
The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us
DAMAGE COVERAGE: We waive any right of recovery we may have Property
against any person or organization to the exPersonalWe will payupto $400 for " loss" to wearinga - tent required of you by a written contract
P signed and executed prior to any " accident"
parel and other personal property which is: or" loss", provided that the " accident" or" loss" 1) Owned by an" insured"; and arises out of operations contemplated by CA T3 53 02 15 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office. Inc. with its permission.
COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. HowN. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to colThe following is added to Paragraph B. 2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal.
SECTION IV— BUSINESS AUTO CONDITIONS:
Includes copyrighted material of Insurance Services Office. Inc. with iIs permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT CALIFORNIA
Policy Number: 72WEOK8HOZ Endorsement Number:
Effective Date: 09/01/ 2021 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: BKF Engineers
255 Shoreline Drive, Suite 200
Redwood City, CA 94065- 1428
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
eCa
Authorized Representative
Form WC 04 03 06 1) Printed in U. S.A.
Policy Expiration Date: 09/01/ 2022