Loading...
AKM Consulting Engineers A2016-086 AGREEMENT NO. A2016- FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND AKM CONSULTING ENGINEERS THIS AGREEMENT, made and entered into as of the date last signed below, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and AKM Consulting Engineers. here in after referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re-do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on May 2, 2016. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. 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 City nor any of its -1- 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 City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. -2- 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit A attached hereto and made a part hereof. Total compensation shall not exceed $24,400.00. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be -3- 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 City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City 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. 9. TERMINATION OF AGREEMENT. This Agreement will terminate on January 2, 2017, unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become -4- the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et seq. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, 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 City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for -5- admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City 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 City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they 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 them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. 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 partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area prior to the completion of the work under this Agreement without the express written consent of the City Manager. -6- 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, City 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. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of -7- property, economic loss or otherwise occurring as a result of or allegedly caused by the negligent or wrongful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's sole negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, 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 Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: -8- (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. -9- (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per claim. B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, -10- officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability. Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. -11- (2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. -12- 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 19. GOVERNING LAW. The City 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 San Bernardino County Superior Court. 20. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. -13- The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. 23. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 Consultant. Attention: Gary Hobson AKM Consulting Engineers 553 Wald Irvine, CA 92618 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 24. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibit. -14- 25. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. AKM CONSULTING ENGINEERS CITY OF CHINO HILLS By yaj-hfr._--g By (_ Konraartlam, City Manager ZeI Ka lA Name (Printed) ' Date: (ln Title Pro c: rI o tNI Date: -2G _ 201C By / -Z A�IGUr-iel- Vat- l (0a Name (Printed) Title `f✓PG s u re Date: 4-QS - 744 -15- Exhibit A ® Water ®® Resources rine 111 WWW ® ®® Infrastructure AKM Consulting Engineers Construction 553 Wald Management Irvine,CA 92618 Telephone:949.753.7333 Facsimile: 949,753.7320 November 25,2015 City of Chino Hills 14000 City Center Drive Chino Hills,CA 91709 Attn:Mr.Mark Wiley,Water and Sewer Manager Subject: City of Chino Hills Pine Avenue Forcemain Proposal Int duction , �, .,� ; 3 m;Im L•i. i. . ,��, ik. 3 i , T One of the twin 96-inch pipe culverts under Pine Avenue at Chino Creek has been eroded due to multiple storm events leaving the City's encased 10"Butterfield Force Main exposed in a concrete encasement hanging over the channel.The road is currently closed and the force main has been temporarily supported in place. AKM Consulting Engineers(AKM)designed a permanent solution to lower the force main below the channel where the potential for failure is lessened. The City of Chino Hills (City) has begun the process of obtaining construction bids for lowering of the force main.The City has asked AKM to submit a proposal to provide field engineering and support services. AKM Consulting Engineers proposes to provide engineering during construction and field engineering services as follows: 1. Participate in a preconstruction meeting and document the meeting's discussions. 2. Provide full time construction observation during the jack and bore operation,tie-ins to the existing force main,trench compaction,and asphalt paving. 3. Review monthly construction pay requests and make recommendations to the City. 4. Observe pressure testing and CCTV testing of the constructed facility. 5. Prepare punch-list,and assist City with final close-out of construction. Additional work not specifically included above can be provided as requested by the City on a time and materials basis at our standard billing rates. Schedule AKM Consulting Engineers will complete all field engineering and construction support services in a professional and timely manner as dictated by the construction work EngineeringBudget' I 1 U AKM Consulting Engineers proposes to complete the engineering and field work included in the Scope of Services for the lump sum amount of$24,400. We look forward to continuing our work with the City on this important assignment. Should you have any questions,please feel free to contract me or Gary Hobson at(949) 753-7333. Very truly yours, ARM Consulting Engine . . Emin Kayiran AKM Proposal/15-1107 1 Client#:974 AKMCONSUL ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMJDD,YYYY) 9/1812015 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 pollcy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require en endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER kQtjN^cT Nancy Ferrick Dealey,Renton&Associates rat No.EMh 510 465-3090 I iaa Nob 510 452.2193 P.O.Box 12675 E-MAIL nferrick deals renton.com Oakland, CA 94604-2675 aonREss: @ Y INSURER'S)AFFORDING COVERAGE NAICS 510 465-3090 INSURER A:Sentinel Insurance Co.LTD 11000 INSURED INSURER 6:American Automobile Ins,Co. 21849 I AKM Consulting Engineers,Inc. INsunenc:Travelers Casualty&Surety Co. 31194 553 Wald Street INSURER D: Irvine,CA 926184627 INSURER E: INSURER F' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR AODL�SUB POLI Epp POLICYEXP LIMITS LTR I TYPE OF INSURANCE IINSR IWVD POLICY NUMBER IfMMIDD/YYYYI I(MMlDDf1YYY1 A GENERAL LIABILITY X X 57SBWLU8719 09/20/2015 D9/20/201EEACH ppOCCURRENCE $2,000,000 © COMMERCIAL GENERAL LIABILITY PREM�BES(EaEawaancol $1,000,000 ■ CLAIM&MADE X OCCUR MED EXP(Any one person) $10.000 PERSONAL&ADV INJURY $2,000.000 I I GENERAL AGGREGATE $4,000,000 GENT AGGREGATE LIMIT APPLIES PER; PRODUGTS-COMPlOP A00 64,000,000 POLICY x17,9-, I LOC $ AUTOMOBILE LIABILITY COMBINEOSINGLE LIMIT 2 A X X 57SBWLU8719 9/20(2015 09/20t209611Eanaaaaml $ ,000,000 ■ANY AUTO BODILY INJURY(Per person) $ alALUTOL OWNED SCHEDULED BODILY INJURY(Per evident) $ AS NOTOS NOWNED PROPERTY DAMAGE 5 E HIRED AUTOS AUTOS IPer sadden: $ A )( UMBRELLA LIAR X OCCUR X X 57SBWLU8719 _t9/20/2015 09/20/2016 EACH OCCURRENCE 51,000.000 EXCESS RAD CLAIMS-MADE AGGREGATE $1,000,00D I I DEDI I RETENTIONS I $ WORKERS COMPENSATIONI WCV Th OTH- B AND EMPLOYERS'LIABILITYNX WZP81028563 09/2012015 O8(20/201EX �TOq���An*n I PR OFFICROMEEBORE%RTNEEOXECUTIVE: I N/A I EL.EACH ACCIDENT $1,000,000 (Mandatory In NH) I E.L.DISEASE-EA EMPLOYEE $1,000,000 PYyesdseedbe ender I E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION Of OPERATIONS below C Professional 105344511 09/20/2015 09/20/2016 $2,000,000 per Claim Liability $2,000,000 Ann!Aggr, DESCRIPTION.OP.OPERATIONS!LOCATIONS/VEHICLES(Much ACORD101,Additlonsl Remarks Schedule,Amaro space Is.rogUIrad).... . General Liability Policy excludes claims arising out of the performance of professional services. RE:Agreement No.A15.101. City of Chino Hills,its officers,officials,and employees and volunteers are named as additional insured to general and auto liability per policy form wording. Such insurance is primary and non-contributory. Waiver of Subrogation applies to workers compensation,30 Days Notice of Cancellation(10 Days for Non Payment of Premium). CERTIFICATE HOLDER CANCELLATION Cityof Chino Hills SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Ray Hansen ACCORDANCE WITH THE POLICY PROVISIONS, 14000 City Center Drive Chino Hills,CA 91709 AUTHORIZED REPRESENTATIVE I ern/EPeddli,e • eliprI1 ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #51465978/M1465849 NMF Insured: AKM Consulting engineers,ins Insurer: sentinel insurance Co.LTD Policy Number: 67ssmusrs Policy Effective Date:rerzorzo16 Sly of Chino M.G.Ps a s,aciais,end employees endvolmlees. Additional Insured: EXCERPTS FROM:Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C.WHO IS AN INSURED 6.Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s)or organization(s)identified in Paragraphs a.through f.below are additional Insureds when you have agreed,In a written contract,written agreement or because of a permit issued by a state or political subdivision,that such person or organization be added as an additional insured on your policy, provided the Injury or damage occurs subsequent to the execution of the contract or agreement,or the Issuance of the permit. A person or organization Is an additional insured under this provision only for that period of time required by the contract,agreement or permit. f.Any Other Party (1)Any other person or organization who is not an insured under Paragraphs a,through e.above,but only with respect to liability for"bodily Injury,"property damage"or'personal and advertising injury"caused,In whole or In part,by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In the performance of your ongoing operations; (b)In connection with your premises owned by or rented to you;or (c)in connection with"your work°and included within the"products-completed operations hazard,but only If (i)The written contract or written agreement requires you to provide such coverage to such additional Insured;and (ii)This Coverage Part provides coverage for"bodily Injury"or°property damage'included within the "products-completed operations hazard. (2)With respect to the Insurance afforded to these additional insureds,this Insurance does not apply to: "Bodily injury,"property damage"or"personal and advertising Injury"arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: inspection,or engineering E.5,Separation of insureds Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this policy to the first Named Insured,this Insurance applies: a.As If each Named Insured were the only Named Insured;and b.Separately to each insured against whom a claim is made or"suit"is brought. E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract,written agreement or permit that this insurance is primary and non- contributory with the additional insureds 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 ail 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: WZPB102B663 Effective Date: 09/20/2016 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 RE:Agreement No,A15-101.SCHEDULE CONTINUED:City of Chino Hills,Its officers,officials,and City of Chino Hills employees and volunteers. Attn:Ray Hansen 14000 City Center Drive Chino Hills,CA 91709 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: