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Contract - AKM Consulting Engineers - 2015-01-30AGREEMENT FOR CONFIDENTIAL CONSULTANT SERVICES This Agreement ( "AGREEMENT ") is made and effective as of vi between the Costa Mesa Sanitary District, a sanitary district ( "DISTRICT "), nd AKM Consulting Engineers, a California corporation ( "CONSULTANT "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: Recitals WHEREAS, on August 31, 2013 DISTRICT suffered a spill from its Irvine Pump Station; and WHEREAS, the Regional Water Quality Control Board ( "RWQCB ") has investigated said spill and determined that it would assess an administrative civil liability on the DISTRICT for the spill; and WHEREAS, negotiations between the DISTRICT and the RWQCB have not resulted in a settlement of the liability amount; and WHEREAS, DISTRICT contends, inter alia, that it did not violate an industry standard and acted as a reasonable person would have acted in operating its pump station and in responding to the spill; and WHEREAS, DISTRICT is in need of confidential consultant advice so that DISTRICT's counsel can provide advice on the matter to determine if DISTRICT's actions were within those standards; and WHEREAS, Zak! Kayiran is a professional engineer who enjoys a solid reputation in the sewer treatment and transportation industry and is qualified to render that opinion; NOW, THEREFORE, the parties hereto agree as follows: TERM This AGREEMENT shall commence on January 30, 2015, and shall remain and continue in effect until tasks described herein are completed unless sooner terminated pursuant to the provisions of this AGREEMENT. 2. SERVICES CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall PSA 12 10 complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE CONSULTANT shall, at all times, faithfully, competently, and to the best of his /her /its ability, experience, and talent perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT. CONSULTANT shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. 4. DISTRICT MANAGEMENT The General Manager shall represent DISTRICT in all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT. Notwithstanding the foregoing, the General Managers authority to enlarge the tasks to be performed or change CONSULTANT's compensation is subject to Section 5 hereof. 5. PAYMENT (a) DISTRICT agrees to pay CONSULTANT upon completion of the task. This amount shall not exceed Twenty Six Thousand Two Hundred and Forty Dollars ($26,240.00) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT. Said sum includes travel and other costs. (b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are requested in a written change order and are approved in advance and in writing by DISTRICT. The written change order requirement cannot be waived. The General Manager may approve change orders for additional work not to exceed the cumulative value of ten percent (10 %) of the total contract sum. Any additional work in excess of this cumulative amount shall be approved by the Board of Directors. (c) CONSULTANT will submit invoices upon task completion unless otherwise agreed. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If DISTRICT disputes any of CONSULTANT's fees, DISTRICT shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees contained in the invoice. 2 PSA 12 10 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The DISTRICT may, at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the DISTRICT suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this Section, the DISTRICT shall pay to CONSULTANT the actual value of the work performed up to the time of termination. CONSULTANT shall immediately turn over all work - product to DISTRICT in a readily usable form. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the DISTRICT pursuant to Section 5. 7. DEFAULT OF CONSULTANT (a) The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, DISTRICT shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond the CONSULTANT's control, and without fault of negligence of the CONSULTANT, it shall not be considered a default. (b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if the DISTRICT Manager or his /her delegate determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he /she may in his /her discretion cause to be served upon the CONSULTANT a written notice of the default and demand to cure. The CONSULTANT shall have ten (10) days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time, the DISTRICT shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT. 8. OWNERSHIP OF DOCUMENTS (a) CONSULTANT shall maintain complete and accurate records with respect to the professional services required by this AGREEMENT and will produce the work product specified in Exhibit A and other such information required by DISTRICT that 3 PSA 12 10 relate to the performance of services under this AGREEMENT. Such work product will be in the form of advice to DISTRICT's counsel unless and until DISTRICT's attorney determines to use said work product, as the DISTRICT's expert opinion. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of DISTRICT or its designees at reasonable times to such books and records; shall give DISTRICT the right to examine and audit said books and records; shall permit DISTRICT to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion, termination, or suspension of this AGREEMENT, all work product reduced to any medium and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the DISTRICT and may be used, reused, or otherwise disposed of by the DISTRICT without the permission of the CONSULTANT. With respect to computer files, CONSULTANT shall make available to the DISTRICT, at the CONSULTANT's office and upon reasonable written request by the DISTRICT, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. Said software and hardware shall be made available to DISTRICT at CONSULTANT's cost. -411111111111IMMUR 4 IVIIJIV7311OR (a) Indemnification for Professional Liabilitv. When the law establishes a professional standard of care for CONSULTANT's services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless DISTRICT and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless DISTRICT and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of PSA 12 10 this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including, but not limited to, officers, agent, employees, or subconsultants of CONSULTANT. 10. INSURANCE CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit B attached to and made part of this AGREEMENT. 11. INDEPENDENT CONSULTANT (a) CONSULTANT is and shall at all times remain as to the DISTRICT a wholly independent consultant. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither DISTRICT nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the DISTRICT. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against DISTRICT or bind DISTRICT in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The DISTRICT and its officers and employees shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section. 13. UNDUEINFLUENCE CONSULTANT declares and warrants that no undue influence or pressure has been used against or in concert with any officer or employee of the DISTRICT in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the DISTRICT will receive compensation, directly or indirectly, 5 PSA 12 10 from CONSULTANT or from any officer, employee, or agent of CONSULTANT in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the DISTRICT to any and all remedies at law or in equity. 14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of DISTRICT, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to the project during his /her tenure or for one year thereafter shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this AGREEMENT. 15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST (a) All information gained by CONSULTANT in the performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without DISTRICT's prior written authorization. CONSULTANT and its officers, employees, agents, or subconsultants shall not, without written authorization from the General Manager or unless requested by the DISTRICT Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the DISTRICT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives DISTRICT notice of such court order or subpoena. (b) CONSULTANT shall promptly notify DISTRICT should CONSULTANT or its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT or the work performed thereunder or with respect to any project or property located within the DISTRICT. DISTRICT retains the right, but has no obligation, to represent CONSULTANT and /or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with DISTRICT and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, DISTRICT's right to review any such response does not imply or mean that DISTRICT has aright to control, direct, or rewrite said response. (c) CONSULTANT covenants that neither he /she /it nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed by ft/them as an officer, employee, agent, or subconsultant. CONSULTANT further covenants that CONSULTANT has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) owning 6 PSA 12 10 property in the DISTRICT or the study area and further covenants and agrees that CONSULTANT and /or its subconsultants shall provide no service or enter into any agreement or agreements with a /any developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) owning property in the DISTRICT or the study area prior to the completion of the work under this AGREEMENT. 16. NOTICES Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given by: (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To DISTRICT: Costa Mesa Sanitary DISTRICT 628 West 19th Street Costa Mesa, California 92627 Attn: DISTRICT Clerk To CONSULTANT: AKM Consulting Engineers 553 Wald Irvine, California 92618 Attn: Zak! Kayiran 17. ASSIGNMENT The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the DISTRICT. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only Zak! Kayiran, P.E., shall perform the services described in this AGREEMENT. Zeki Kayiran, P.E., may use assistants, under his direct supervision, to perform some of the services under this AGREEMENT; however, all client contact and interaction regarding professional services shall be provided by Zak! Kayiran, P.E.. CONSULTANT shall provide DISTRICT fourteen (14) days' notice prior to the departure of Zak! Kayiran, P.E., from CONSULTANT's employ. Should he leave CONSULTANT's employ, the DISTRICT shall have the option to immediately terminate this AGREEMENT within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Board of Directors and CONSULTANT. PSA 12 10 18. LICENSES At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect all licenses required of it by law for the performance of the services described in this AGREEMENT. 19. GOVERNING LAW DISTRICT and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in the superior or federal DISTRICT court with jurisdiction over the DISTRICT. 20. ENTIRE AGREEMENT This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 22. MODIFICATION No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. This written modification requirement cannot be waived. 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this AGREEMENT on behalf of CONSULTANT warrant(s) and represent(s) that he /she /they has /have the authority to execute this AGREEMENT on behalf of the CONSULTANT and has /have the authority to bind CONSULTANT to the performance of its obligations hereunder. 24. INTERPRETATION In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. 8 PSA 12 10 25. BUSINESS LICENSE CONSULTANT shall obtain a business license from the City of Costa Mesa unless legally exempt. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed this day and year first above written. COSTA MESA SANITARY DISTRICT General Manager %CT7 %T v- AP 27 DISTRICT Counsel I PSA 1210 AKM CONSULTING ENGINEERS z` ignature Zak! Kayiran, PE (PresidentIPrincipal) F u LM IMI I one AKM Consulting Engineers 553 Weld Irvine, G 92618 Telephone: 949.753.7333 Facsimile: 949.753 7320 ..mance.cum October 22, 2014 Costa Mesa Sanitary District c/o Harper & Burns LhP 543 South Glassell Street Orange, California 92866 Attention: Mr. Alan R Burns District Counsel Weser Resources intrsstuctum Constnetion Management Subject: Proposal to Provide Professional Services for Evaluation of Irvine Pump Station Back Bay Spill Dear Mr. Burns: AKM Consulting Engineers is pleased to submit this proposal to provide professional services for the subject project based upon our review of your letter dared October 17, 2014, as well as our telephone conversation on the same day and on October 20, 2014. The purpose of our evaluation is to review available documents, conduct field investigations of the pump station, interview District staff, review the pump station design standards of three (3) sanitation agencies, and render an opinion as to whether the Irvine Pump Station's fail -safe mechanisms were adequate, and similar to practices /standards utilized by other respectable sanitation agencies in Southern California at the time the spill occurred. If necessary, we will attend meetings with the Regional Water Quality Control Board as directed by Costa Mesa Sanitary District. Scope of Work We propose to undertake the following scope of work: 1. Review Available Documents We will request the as -built plans of the pump station; technical specifications; Costa Mesa Sanitary District's Sewer System Management Plan (SSMP) in effect at the time; SSMP audits; pump station maintenance records; and results of any testing performed at the pump station since the adoption of the SSMP, Wewill review these documents, with emphasis on the Operation and Maintenance Program, Design 1IPage and Performance Provisions, and Overflow Emergency Response Plan sections of the SSMP, and summarize our findings in a preliminary memorandum. Estimated effort- 32 Hours 2. Field Review of the Pump Station We will review the pump station in the field, and note any differences between the as -built plans and the constructed facility; documentthe existing fail -safe systems /redundant facilities; and assess the condition of the pump station. We will document our findings in a preliminary memorandum, Estimated effort -12 hours. 3. Interview Costa Mesa Sanitary District's Engineering and Operation and Maintenance Staff Following field review of the pump station, we will interview the CMSD staffto develop further insight into the event and history of spills at this and other pump stations. We will discuss the follow -up activities; any additional work planned or performed at the pump station to prevent a similar event to the extent possible; and whether similar condition existat the District's other pump stations. We vdll document the interviews in a technical memorandum. Estimated effort -8 hours. 4. Obtain and Review the Pump Station Design Standards of Three Sanitation Agencies, Compare to CMSD Standards /Practices There is not an "industry standard" for pump station design. Each wastewater collection system is obligated to establish its own design and performance standards bythe Statewide General Waste Discharge Requirements. Because of this, we propose to compare Costa Mesa Sanitary District's standards and facilities to those of other respectable sanitation agencies. Under this task, we will obtain the Design and Performance Provisions of three (3) Southern California sanitation agencies that have pump station design standards. These may include the Orange County Sanitation District, Los Angeles County Sanitation District, Los Angeles County Department of Public Works Sewer Pump Station Design Standards, the City of Los Angeles Bureau of Sanitation, Irvine Ranch Water District, or another similar agency. We will compare CMSD's standards and the facilities present at the Irvine Pump Station to the standards /facilities required by the selected agencies. We will then prepare a comparison of the standards particularly related to fail-safe mechanisms, and document it in a technical memorandum. Estimated effort -40 hours S. Prepare Summary Report We will document the work of Tasks 1 through 4 in a report, along with our opinion regarding the Irvine Pump Station's fail safe systems. Estimated effort - 16 hours 6. Meetings We will attend meetings with the District staff and others, as requested by the District to review progress and respond to any questions regarding our findings and opinion. Estimated effort- 20 hours. Responsible Reviewer Zeki Kayiran, P.E. will be the responsible reviewer for the project. He has over 37 years ofwastewater planning, design, and construction management /support experience. He has been the design engineer, project engineer, project manager, or quality control manager for the design of over 45 sewer pump stations. He has served as 2 1 P a g e the Contract District Engineer for the Garden Grove Sanitary District since 2003, and has provided expert services to the City of Los Angeles Bureau of Sanitation. He has served as an expert witness for the City of Huntington Beach on a sewer project (deposed, case settled), as the PM for the Garden Grove Sant tary District, and is currently under contract with the Orange County Public Works' attorneys serving as an expert witness on a stormwater pump station project (expected trial date is Pebruary 2015). His resume is attached. Compensation We propose to perform these services on a time and materials basis at an hourly rate of $205 per hour. Our estimated budget for the above scope of work is $26,240. We appreciate the opportunity to submit this proposal. Should you have any questions of require additional information, please do not hesitate to contact the undersigned. Very truly yours AKM Consulting Engineers Kaa�t, P.E. Principal 31 Page Cm � Mr. Kayiran, a Principal with AKM, provides ar . comprehensive technical and management expertise in M M M O the planning, design, and construction management of a Project Role wide variety ofengineering projects. His professional background includes a blend of consulting engineering Project Manager and academic experience, including part -time instruction Professional Registration in the Field of Fluid mechanics and hydraulic design at California State University, Long Beach. He has been Registered Civil Engineer responsible for successful completion of 48 sewer (California - 1978); C -29330 pump station projects. Mr. Kayiran's experience Education includes the following: Muster of Science, Civil Warner Avenue Gravity Sewer (Lift Station C) for the Engineering - California State City of Huntington Beach - Project Manager responsible for University, Long Beach preparing a preliminary design report, plans, specifications, and estimates for the construction of 3,100 LF of 15 -inch VCP sewer, Bachelor of Science, Civil 800 LF of 12 -inch forcemain, and the construction of a Engineering - Robert College submersible pump station with two 1200 gpm screw centrifugal pumps on Warner Avenue near Pacific Coast Highway. The Years of Experience: 40 project required the esnhltshment of an extensive dewatering program and permitting through Caltrans, California Coastal Years with AKM: 24 Commission, and State Lands. As part of this project, plans, Areas of Expertise specifications, and estimates were prepared for the 12 -inch diameter forcemain supported on the existing Warner Avenue Wastewater, water, recycled Bridge over Balsa Chica Wetlands Channel outlet to Huntington water, andstormwater Harbor. Professional Ajffllations Lift Station No. 3 for the City of Alhambra - Project Manager responsible for the design of a new submersible duplex American Water Works sewer lift station replacing an existing 90 -year old wet well -dry Association well lift station located under a freeway on -ramp. The work consisted of utility relocations, gravity sewers, new ductile iron Water Environment Federation forcemain, and a new 30 -foot deep sliderall submersible pump station, a valve vault with by -pass connection and Bow meter, A„.,,.1.,,., n „n n,. rm,..1,.- and an 80 kW emergency generator. The work required extensive coordination with Caltrans. • Tiffany Sewer Pump Station for the Garden Grove Sanitary District. Project Manager responsible for the development of a detailed Preliminary Design Report; final construction plans, specifications, estimates; and construction inspection /management services to replace a 48 year old wet well -dry well facility with a submersible pump station with two (2) 1650 -gpm screw centrifugal submersible pumps, a large wet well over 30 feet deep in high groundwater area with 30 minutes of peak wet weather Bow emergency storage capacity, and an emergency standby natural gas engine generator. The project Included an extensive field Flow and pressure data collection effort to develop inflow diurnal curves and pump total dynamic head, which were used in pump selection. AKM provided full time inspection of the facility. • Sunkist Sewer Lift Station for the City of Corona - Project Manager responsible for preparation of a preliminary design report, and Final design of the influent pump station to Wastewater Treatment Plant No. 2; including new dry well, rehabilitation of the existing wet well, and four (4) 2,500 gpm capacity VFD operated pumps. The new wet well structure was 37 deep in a high groundwater area. • 8's Street Sewage Pump Station for the City of Seal Beach- Project Manager responsible for the design of the replacement of an 80 year old wet well /dry well pump station. The project included: conversion of the existing dry well to a wet well; installation of two new 290 gpm, 73 hp sliderall submersible pumps; valve vault with dual forcemain; 300 L.F. of new 6 -inch ductile iron forcemain 100 kW natural gas 4 1 P a g generator; new electrical and control equipment; and SCADA system integration. The existing wet well and dry well facilities have been replaced with new submersible pumping equipment The pump station includes a new wet well for emergency storage of sewage, new electrical equipment, a clarifier, and an emergency generator. • Section 5 Sewage Pump Station forthe City of Newport Beach - Project Managerfor the preparation of a preliminary design report, plans, specifications, estimates, and construction support services for a sewage pump station located adjacent to Newport Bay between two residences on Balboa Island. The project replaced an existing pump station which was over 70 years old and inadequate size to allow City crews to respond in emergencies. Project challenges included working with the residents, very shallow groundwater, and limited available site • Belgrave, Sewer Pump Station for the Garden Greve Sanitary District Project Manager responsible for the development of a detailed Preliminary Design Report, construction plans, specifications, and estimates for a pump station with two 1,400 -gpm screw centrifugal pumps. The project converted the existing wet well dry well facility into a submersible station, and required significant bypass pumping. • Pump Station Number 1 and Number 7 for the City of El Segundo- Project Manager responsible for diverting flows, improving pumping and operational / emergenry, storage capacity, installing diesel powered standby pump, and constructing a new forcemaln at Pump Station Nml; and removing Pump Station No.7 from normal operational service. • Sewer Pump Station No. Z for the Camarillo Sanitary District- Project Manager responsible for preparation of plans and specifications, including pump pre - purchase specification, for the upgrade replacing the existing non -clog pumps with screw centrifugal pumps to eliminate the recurring ragging issues at the facility. The work included extensive flow and discharge pressure monitoring and review of SCADA data to quantify the influent flow variation during wet and dry weather periods for proper pump selection; new switehgear and variable frequency drives; a new bypass pumping connection, and magnetic flow meter. • Sewer Pump Station No. 6 for the Camarillo Sanitary District - Project Manager responsible for preparation of plans, specifications, and construction support services for the upgrade of the existing submersible sewage lift station which required replacing three existing "non -clog" pumps with 1400 gpm capacity screw centrifugal pumps to eliminate the ragging problems at the pump station. The work also included the replacement of the existing variable frequency drives with solid state starting equipment • Risen Del Mar Sewage Lift Station for the City of Palos Verdes Estates- Project Manager responsible for the preparation of preliminary design report; plans, specifications, and estimates; and construction management /inspection services for replacing an existing wet - well /dry well sewage pump station with a new submersible pump station incorporating two 40 hp, 375 gpm pumps. The work was designed in accordance with LACDPW and the City of Palos Verdes Estates design requirements, ARM provided full time inspection of the facility. • Rocky Point Sewage Lift Station for the City of Palos Verdes Estates- Project Manager responsible for the preparation of a preliminary design report; final plans, specifications, and estimates; and constructi on management /inspection services for upgrading an existing pump station. The work was designed in accordance with LACDPW and the City of Palos Verdes Estates design requirements. • Pump Station No. 35 for the City ofSeal Beach- Project Manager responsible for prepari ng a preliminary design report and final construction documents, and complete construction inspection and management for upgrades to the facility that was constructed in 1970. The project included replacing three (3) oversized 3000 gpm pumps, which experienced cavitation and frequent Impeller wear, with 1,500 gpm screw centrifugal pumps; replacement of piping, valves, motors; switchgear and control system including new VFD's; a bypass pumping connection; re- programming of the controls to operate the pumps in variable speed mode while providing adequate cleansing velocities; and rehabilitation of the wet well, which required the design of a bypass operation for six weeks. • Boeing Sewer Pump Station for the City of Seal Beach- Project Manager for the preparation of a preliminary design report Investigating improvement alternatives, preparation of final plans, 5 j Page specifications, and estimates, and providing complete construction inspection and management for replacement of a structurally unsound existing pump station with a new submersible pump station with two (2) 510 gpm capacity pumps, new electrical, control, and telemetry system, a standby natural gas engine generator, and a new B -inch forcemain discharging to the City's Seal Beach Boulevard Trunk Sewer. • Adolfo Lopez Sewer Pump Station for the City of Seal Beach- Project Manager for the planning, design, and construction management for replacement of an existing submersible pump station with a new station to accommodate the increased tributary Flaws due to new development at Hellman Ranch and Boeing properties. • Sewer Pump Station Improvements for the City of El Segundo (4 Pump Stations) - Project Manager responsible for preparing preliminary design reports, final design documents, and providing construction supportservices for upgradingof Pump Station No.4 (2x1,500 gpm wet well /dry well), No. S (2000 gpm wet well /dry well), No. 6 (2050 gpm wet well /dry well), No. 13 (2x1250 gpm wet well /dry well). • Borrego Sewer Pump Station for Irvine Ranch Water District - Project Manager responsible for preparing a preliminary design report, final design documents, and providing construction support services for a submersible pump station with two 750 gpm, 60 HP pumps In Foothill Ranch area of IRWD, The project included a recycled water supply connection to the wet well to allow Bushing of the very long force main during the initial stages of development in the tributary area until sufficient Bow was generated, • Canada Sewage Lift Stott on for the Irvine Ranch Water District - Project Manager responsible for the preliminary design report, and design a 650 gpm firm capacity duplex submersible lift station. The facility included two sliderail submersible, 30 hp pumps; a 10 -foot diameter T -lock lined pre -cast concrete wet well, valve vault and piping; a new pump control panel; 32 LF of 8-inch PVC forcemain; 12-Inch PVC gravity sewer; relocating the existing 100 kW diesel powered emergency generator; grading and paving; and demolition of the existing wet well -dry well lift station. • Irvine Regional Park Sewage Collection System and Lift Station for the Orange County Harbors, Beaches and Parks - Project Manager responsible for preparing construction documents and providing construction support services for a new sanitary sewer collection system which eliminated the Park's existing septic tank system. The project included 10,000 LF ofgravity sewer; 2,000 LF of 6 -inch forcemain; and a duplex submersible sewage lift station. • Falcon Vista Sewage Pump Station for the City of Palmdale /Los Angeles County Department of Public Works- Project Manager for the planning, design, and construction support services of a duplex slide rail submersible pump station with two 120 -gpm capacity recessed impeller pumps, 1,200 LF of 4- inch forcemain, and an emergency generator. • City Wide Sewer Pump Station Upgrade Project for the City of Torrance (9 Pump Stations) - Project Manager responsible for the preparation of a preliminary design report, final plans, specifications and estimates for upgrading nine (9) sewage pump stations. 6 1 P a g e Client#: 974 AKMCONSUL ACORD. CERTIFICATE OF LIABILITY INSURANCE m-- (MMIDDarrrl 2/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME: Nancy Ferrick JUSE; Dooley, Renton & Associates E„1, 510465 -3090 A/C xa: 510452 -2193 P.O. Box 12675 M:NfSe'rrolCk@insdra.com Oakland, CA 94604 -2675 EACH OCCURRENCE $2,000, 00 510 485 -3090 IxBURERS AFPoRDIxO COVFRROE NAICR INSURER A: Sentinel Insurance Co. LTD4 11000 s2,000,000 INSURED INSURER B: American Automobile Ins. Co. 21849 Consulting Engineers, Inc. FE 252" INSURERC: Travelers Casualty & Surety Co. 31194 553 Wald Street 553 $4,000000 Irvine, CA 82818 -0827 1 Ix naUfl SpNIiARYDIRjIDDYj INSURER O: AUTOMDBILE INSURER E: X X INSURER F: D912012014 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Lip TYPE OF INSURANCE ADOLSUB INSR O POLICY HUMBER peLICY EFF MMNOIYYYY PoLICy F%P MMNOM'YY LIMITS A GENERAL LIABUFFY X COMMERCIAL OENEI LUNEILITY CIMMS- MADEOCCCUR X X 57SBWLUS719 9/20/2014 09/20/201E EACH OCCURRENCE $2,000, 00 RAEMM,%Jj eENTED q $1.000.000 MED EXP(Any one Renew) $10000 PERSONAL B ADV INJURY s2,000,000 GENERALAGGREGATE $4,000000 GEN'L AGGREGATE POLICY LIMITAPPLIES PER: X PH- LOC IECT PRODUCTS - COMP /OP AGO $4,000000 $ A AUTOMDBILE LIABILITY ANY AUTO - LOW NEO SCHEDULED AUMS AUTOS HIRED AUTO$ X NONAWNED AUTOS X X 57SBWLUB719 D912012014 09/20/201 CEOMBIIaED SINGLE UMn 2,000,000 BODILY NJURY fee, rancor) $ BODILY INJURY (Pad ammem) $ X PROPERTY DAMAGE Pn admen/ $ A XUMBRELLA LIAR EXCESS LUM X OCCUR CLAIMSAIADE X X 57SBWLU8719 9120/2014 0912012015 EACROCCURRENCE $1000000 AGGREGATE $1000000 LED RETENTION$ s B WORMERS COMPENSATION AND EMPLOYERS' UABILIiV ANY PROPRIETONPARTNER,EXECMVE YIN MI OFFICEREMBER EXCLUDED? O (Mandatory In NH) DESCRIPTION OF OPERATION$ halo, NIA X WZP81021314 9/2012014 09120/201 X WCSTATU- OTX- EL EACH ACCIDENT $ 1000000 EL. DISEASE - EA EMPLOYEE $1000000 E. L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability 105344511 9/20/2014 08/20/201 $2,000,000 per Claim $2,000,000 Ann] Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ANech ACORD 101, AtlmlUonal RemaAe Schedule, If mom apace la required) General Liability Policy excludes claims arising out of the performance of professional services. Ref: Irvine Pump Station Backbay Spill Project. BUSINESS LIABILITY, NON -OWNED and HIRED AUTOMOBILE LIABILITY ADDITIONAL INSURED: Costa Mesa Sanitary District, Its directors, officials, officers, employees, agents and volunteers and any other person named (See Attached Descriptions) Costa Mesa Sanitary District SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 628 W. 19th Street ACCORDANCE WITH THE POLICY PROVISIONS. Costa Mesa, CA 92627 /ai >� 7 AUTHOR EEDREP0.ESENTATIVE rinhl5 reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S125321 SIM1104314 NMF NS1253215/M1104314 Insured: ARM Consi Ensinners, Inc Insurer: sentinel insn,enw Co. rro Policy Number: 57SOW Wa719 Policy Effective Date: 49f M014 Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteem Additional Insured: EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organizafion(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the Issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit, f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, 'property damage' or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (it) This Coverage Pan 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 rasped 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 It. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this Insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON -OWNED AUTO B. With respect to the operation of a "non -owned auto ", WHO IS AN INSURED is replaced by the following: The following are "insureds ": d. Anyone liable for the conduct of an "insured ", but only to the extent of that liability. Insured: AKM Consulting Engineers, Inc. Policy Number: WZP81021314 Effective Dale: 0912612014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Ref: Irvine Pump Station Backbay Spill Project SCHEDULE CONTINUED: Costa Mesa Costa Mesa sanitary District Sanitary District, its directors, officials, officers, employees, agents and volunteers 628 W. 19th Street Coat. Mesa, CA 92627 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: