HomeMy WebLinkAboutAKEL ENGINEERING GROUP, INC. (2)NSURANCEON FILE
JVORK MAY PROCEED
UNTIL INSURANCE EXPIRES A-2025-018-01
A11 S
;I `Y CLERK
oATFMAY 2 � 2025 AGREEMENT WITH AKEL ENGINEERING GROUP, INC. TO PROVIDE
ON -CALL WATER RESOURCES ENGINEERING SERVICES
r PN A 4 THIS AGREEMENT is made and entered into on this 18ru day of February, 2025 by and between
,JW1 Ntdf�� � Akel Engineering Group, Inc., a California corporation ("Consultant"), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
RECITALS
A. On June 25, 2024, the City issued Request for Proposals No. 24-083, by which it sought
Consultants to provide on -call water resources engineering services on behalf of the City
of Santa Ana's Public Works Agency.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services described in the
scope of work that was included in RFP No. 24-083 and attached as Exhibit A.
Consultant's proposal shall be incorporated by reference as though fully attached here to
this Agreement.
C. Consultant was selected as one of nine (9) vendors which qualified for this engagement.
Only those consultants approved by the City Council on February 18, 2025 shall be eligible
to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on -call basis, and the City's sole discretion, Consultant shall perform during the term
of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and
incidental customary work required to fully and adequately complete the services described and
set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant shall be paid only for actual services performed under this Agreement at the
rates and charges identified in Exhibit B. Consultant is one of nine (9) consultants
selected under RFP 24-083. The total compensation for these services provided by all
such consultants selected under RFP 24-083 shall not exceed the shared aggregate
amount of Two Million Dollars ($2,000,000) during the term of the Agreement,
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including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Consultant agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House (ACH) transfers. Consultant agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Consultant's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term
with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing
by the City Manager and the City Attorney, unless terminated earlier in accordance with Section
15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
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Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require any subcontractors to obtain and maintain insurance as described below for the
entire Term of this Agreement against claims for injuries to persons or damage to property which
may arise from or in connection with services, products and materials supplied to City. Total cost
of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Commercial General Liability (CGL): Insurance Services Office Form CG 00
01covering CGL on an "occurrence" basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met
with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), with limits no less than $1,000,000 combined single limits. In the event Consultant
does not maintain commercial automobile liability insurance, City will accept evidence of
personal automobile insurance.
3. Workers' Compensation: as required by the State of California, with Statutory Limits,
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident,
policy or employee, for bodily injury or disease. Coverage is not required if Consultant has
no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or
claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for
each line of coverage shown above, City requires and shall be entitled to the broader coverage
and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following
provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds, under Consultant's CGL, Professional Liability, and
Automobile Liability policies, with respect to any liability arising out of work or operations
performed by or on behalf of the Instructor including materials, parts, equipment, and
personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City,
its City Council, its officers, officials, employees, agents, and volunteers for losses paid
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under the terms of any policy which arise from work performed by Consultant under this
Agreement.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary
and any insurance maintained by City, its City Council, its officers, officials, employees,
agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that
Consultant's insurance shall apply separately to each insured against whom a claim is made
or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled,
suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
materially changed except after thirty (30) days prior written notice has been given to City.
Ten (10) days prior written notice shall be provided to City for policy cancellation or non -
renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701.
The name and location of project must be included in the Description of Operations section
of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the
Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California
with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage required
by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
policy endorsements before work begins. However, failure to obtain the required documents prior
to the work beginning shall not waive Consultant's obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
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negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
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information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
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15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
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To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Akel Engineering Group, Inc.
Attn: Tony Akel, President
7433 N. First St., Ste. 103
Fresno, CA 93720
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
[signature page to follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Kyle esen
Assis t City Attorney
RECOMMENDED FOR APPROVAL
Digitally signed by
Deil22Nabil Sabaa 5.01.29
13:2520-08'00'
Nabil Saba, P.E.
Executive Director
Public Works Agency
CITY OF S TA AN
Alvaro Nufiez
City Manager
CONSULTANT:
Tony Akel, P.E., PACP, D.WRE
President
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EXHIBIT A
SCOPE OF SERVICES
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CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
Contractor/Consultant shall perform services as set forth below.
INTRODUCTION/BACKGROUND
The City of Santa Ana intends (City) to select several qualified firms to provide professional
services for a variety of projects and programs on an as -needed or "on -call' basis. Each firm
selected will enter into a Professional Services Agreement to provide such services. Throughout
the term of the Professional Services Agreement, the City may request task order proposals for
individual projects and/or programs as the need for such services arises. The task order proposal
fee shall be based on the hourly rates provided by the firm in response to this RFP.
If a task order proposal is selected, a Notice -to -Proceed will be issued based on an agreed -upon
specific scope of services and fee for that task order. The firm may utilize in-house staff and/or
sub -consultants to complete each task order. For specialized work for which the prime
consultant shall require a sub -consultant, the prime consultant shall serve as an
administrative liaison between the City and the sub -consultant, and include these
administrative costs in their proposed project management fees.
Prime consultant mark-ups for sub -consultant work will not be allowed.
SCOPE OF SERVICES
Provide professional engineering services for planning, design, and construction support for
domestic water, recycled water, sanitary sewer, storm sewer, and related facility projects.
In general, each task order shall include, at minimum, the following project management
services:
• Proiect Schedule
Create schedules with the critical milestones for the major tasks involved in a project.
Update the schedule monthly, or more often, as required by the City. Schedules shall be
submitted in PDF format unless other format is requested by the City.
• Meetings
Attend meetings and/or job walks, as requested by the City. Prepare meeting agendas
and meeting minutes.
EXHIBIT I - 1
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CITY OF SANTA ANA
Monthly Project Status Report
Prepare Monthly Project Status Reports that show an accurate accountability of work
effort rendered and a continuous appraising and monitoring of both work progress and
financial conditions on a project.
The fee for project management services, including time and related expenses, shall be included
in each task order proposal.
Firms may propose on any category listed below (1-5). The services to be performed may
include, but shall not be limited to, the following:
1. PLANNING, RESOURCES, AND DESIGN
Provide water engineering services to conduct water capital improvement projects, which
may involve one or multiple disciplines, including planning studies, hydraulic modeling,
feasibility studies, design of pipelines, wells, pump stations, pressure regulating stations,
reservoirs, water quality and water treatment, waste and recycled water quality and
treatment, hydrogeology, engineering support during construction, and encompassing
associated services such as Architecture, Structural, Civil, Mechanical, HVAC, Landscape
Architecture, Geotechnical, Environmental, Electrical, Instrumentation, and Control.
a. Planning Studies and Feasibility Studies
Provide engineering, financial, and planning services to perform pipeline alignment and
facility siting studies, water system planning studies, recycled water system planning and
feasibility studies, water demand and supply studies, rate studies, asset management,
and other studies that may be required in water system planning. Provide consulting
services related to water resources and conservation. Studies may include water supply
assessments, water supply verifications, urban water management plans, water use
surveys and others studies that may be required for water resources and conservation
programs
b. Hydraulic Modeling
Perform Water System Master Planning including Comprehensive Studies, Hydraulic
Analysis, Transient Analysis, Fire Flow Analysis, and Flow Optimization.
c. Condition Assessment
Provide comprehensive condition assessment of the City's water system, including
seismic, structural, security and vulnerability. Assessment of the structural integrity of the
pipe shall include identifying leaks, pipe damage, pipe defect, loss of pipe wall thickness
due to corrosion or erosion, etc., along the length of the pipe. Provide reports and
memorandums with maps and exhibits as required to detail results of the study including
likelihood of failure, risk and consequence of failure. Reports and/or technical
memorandums shall also include detailed explanation of data collected and used for the
study, any assumptions made as well as recommendations for short-term and long-term
risk mitigation strategies.
EXHIBIT I - 2
CITY OF SANTA ANA
d. Design Services
Provide consulting services for the design of water facilities, including water wells, pump
stations, pressure regulating stations, reservoirs, water quality and treatment, water
mains, recycled water supply and distribution facilities, associated appurtenances, as well
as other related components of the facilities such as buildings, landscape, grading,
drainage, etc. for a complete and operative project.
e. Other Related Services
Provide other related services including, but not limited to, the following:
i. Architecture
Provide consulting services for architectural design, architectural renderings, line -
of -sight analyses, building sections, code interpretation issues and other
architectural related issue.
ii. Structural
Provide consulting services for structural investigations of the City's existing
facilities, seismic analysis, miscellaneous structural calculations, and design on
the City's existing and proposed systems and structures.
iii. Civil
Provide consulting services for general engineering services as required for the
project. Scope of work may include but is not limited to site design, street
improvements, grading, drainage, preparation of Water Quality Management,
Erosion Control, and Stormwater Pollution Prevention Plans, and related
calculations and reports as necessary.
iv. Mechanical, HVAC
Provide consultation, engineering, and design services on modification, upgrade,
and replacement of existing mechanical and HVAC systems, including piping,
plumbing, support systems, controls, code interpretation, and related calculations
as necessary.
v. Landscape Architecture
Provide consulting services for landscape architecture design, including landscape
planting plans, renderings and views of proposed landscape plantings, and
landscape installation inspection services. Provide consultation for irrigation
system design and inspection.
EXHIBIT I - 3
QCITY OF SANTA ANA
vi. Geotechnical Engineering Services
Conduct geotechnical investigations, including field explorations and tests,
laboratory tests, and seismic investigations, to assess the general conditions of a
project site area and prepare geotechnical reports of final design and construction
recommendations. Field explorations may require drilling plans and classification
of underlying soils and must be done under the supervision of a licensed
geotechnical engineer or registered geologist. Investigations may include slope
stability analysis of reservoir embankments, foundations, retaining walls, and
dams and earthen dam monitoring and inspection to comply with California
Department of Water Resources, Division of Safety of Dams (DSOD) and other
City requirements. Provide seismic hazard analyses and site -specific seismic
criteria, as needed, for project design.
vii. Hydrogeology
Provide consulting services on groundwater issues related to and including
rehabilitation of existing potable water production wells, siting and design of new
potable water production wells, destruction of inactive wells, evaluation of
contamination plumes, and groundwater modeling. Evaluate the hydrogeology of
proposed potable water production well sites and investigate proposed wells.
Determine design parameters and requirements necessary to drill, operate, and
maintain proposed wells; proposed well construction (casing diameter, locations
of perforated intervals); and proposed operation of wells. Prepare Drinking Water
Source Assessment and Protection (DWSAP) plans for proposed potable water
production wells.
Provide inspection, hydrogeologic analysis and recommendations during new
potable water production well drilling and existing well destruction activities,
including, but not limited to, on site consulting geologists, geological sampling and
formation analysis, geophysical logging and interpretation, sieve analyses, final
well construction recommendations, and quality assurance and assistance in
achieving conformance with the construction specifications and applicable codes
and standards.
viii. Environmental Compliance Services
Provide consulting services for the preparation of environmental documents and
support studies to comply with California Environmental Quality Act (CEQA), which
may include an Initial Study, Negative Declaration, Mitigated Negative Declaration,
Addendum, or Environmental Impact Report, or Supplement or Subsequent EIR,
National Environmental Policy Act (NEPA) when complying with federal grants,
permit applications with support studies, aesthetic simulations, and other
environmental compliance tasks that may be needed.
EXHIBIT I - 4
CITY OF SANTA ANA
ix. Recycled Water Compliance
Provide assistance with compliance requirements for recycled water treatment and
distribution system monitoring and reporting.
x. Electrical, Instrumentation & Control Services
Provide consultation, engineering, and design services on modification, upgrade,
troubleshooting, restarting, adjusting control settings, and replacement of existing
electrical systems, including motor control centers, motor starters, electrical
panels, and instrumentation and control systems, including SCADA systems.
A. Engineering Support During Bidding and Construction
Review and respond to RFI's and review and approve shop drawings submitted by
contractor for conformance with the contract documents. Review progress reports
and payments as required. Prepare supplementary sketches and details, as
required, to resolve field construction problems that may be encountered. Provide
project inspection as needed. Provide assistance in ensuring regulatory
compliance, as needed. Prepare the "as constructed" corrections to the original
drawings and specifications. Attend meetings on behalf of the City and assist in
Public Relations, as needed.
xii. Plan Check Services
Provide consulting services for plan checking improvement plans to determine
compliance with applicable standards, guidelines, policies, rules, ordinances, and
codes.
2. CONSTRUCTION MANAGEMENT
Provide construction management and inspection services during construction. The tasks of
construction management and inspection shall include, but not be limited to:
a. Construction Management and Coordination with Contractor
Provide construction management and coordinate as needed for the project. Review and coordinate
construction schedule and activities; conduct and attend meetings on behalf of the City. Provide
permit compliance documentation, follow up, and support for all permits and clearances required
on a project. The construction management team may also be asked to attend meetings and assist
in maintaining public relations as needed.
b. Project Administration
Provide review of, recommend, and prepare change order(s) and/or extra work order(s)
as needed on construction project. Coordinate and process RFI's and shop drawings
submittals, and ensure construction conformance with the contract documents. Review
and adjust progress pay estimates prepared and submitted by the contractor for
conformance with the contract documents.
EXHIBIT I - 5
CITY OF SANTA ANA
c. Construction Inspection
Provide construction inspection by qualified inspectors and maintain daily inspection
reports, construction progress reports, and project logs, etc., of the progress of the
construction work. Secure record drawing information from the construction contractor.
Provide start-up support for a Project, including final acceptance testing, support, and
final completion sign off. Prepare the Final Construction Report.
3. PIPELINE DESIGN
Provide consulting services for the design of water mains, transmission mains, siphons and
associated appurtenances. Provide preliminary and final design services including the
preparation of plans, specifications, and cost estimates. Provide bidding assistance,
construction support, and final as-builts as needed for projects.
4. ELECTRICAL, INSTRUMENTATION & CONTROL SERVICES
Provide consultation, engineering, and design services on modification, upgrade,
troubleshooting, restarting, adjusting control settings, and replacement of existing electrical
systems, including motor control centers, motor starters, electrical panels, and
instrumentation and control systems, including SCADA systems components,
instrumentation, communication system components, security cameras, door/gate access
controls, information technology for SCADA system and cybersecurity support for
PLC/HMI/OIT software and custom applications for the City Water System.
5. GEOTECHNICAL ENGINEERING SERVICES
Conduct geotechnical investigations, including field explorations and tests, laboratory tests,
and seismic investigations, to assess the general conditions of a project site area and prepare
geotechnical reports of final design and construction recommendations. Field explorations
may require drilling plans and classification of underlying soils and must be done under the
supervision of a licensed geotechnical engineer or registered geologist. Investigations may
include slope stability analysis of reservoir embankments, foundations, retaining walls, and
dams and earthen dam monitoring and inspection to comply with California Department of
Water Resources, Division of Safety of Dams (DSOD) and other City requirements. Provide
seismic hazard analyses and site -specific seismic criteria, as needed, for project design.
Proposals shall explicitly state which category listed above (1-5) is being proposing on. If there
are any exceptions to the core of requested services above, proposers shall list said exceptions
in their proposal (matrix form).
GENERAL REQUIREMENTS AND PROJECT DELIVERABLES
The Consultant's services for plans specifications and estimates (PS&E) for engineering projects
and special studies/investigations shall be in conformance, if applicable, with the following: Title
24 of the California Code of Regulations (California Building Standards Code), American Water
EXHIBIT I - 6
CITY OF SANTA ANA
Works Association, California Department of Transportation, Americans with Disabilities Act,
City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and
any other federal, state, or local guidelines required in the project.
As part of the PS&E package, the Consultant shall prepare the special provisions pertaining to
the items of work included in the plans that are not addressed on the latest editions of the
applicable standards.
The Consultant shall have complete responsibility for the accuracy and completeness of all
documents and plans prepared. The plans will be reviewed by the City of Santa Ana for
conformity with the requirements of the Agreement. Reviews by the City of Santa Ana DO NOT
include detailed review or checking of design for the accuracy with which such designs are
depicted in the documents and the plans. The documents and plans furnished under the
Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance
shall be a product of neat appearance, well organized, technically and grammatically correct,
checked and dated, and having the maker and checker identified.
The Consultant shall have project management control procedures in effect during the entire
time work is being performed under the Agreement. This task shall include the following:
Project Management Plan- the consultant shall provide a detail management plan
including information and coordination with other agencies to ensure compliance and
completion of the (PS&E) packages. This plan shall include all milestones and task
breakdown for each of the tasks and subtasks included therein. The project management
shall be submitted to the Project Manager for review and within 15 calendar days of the
issued Notice to Proceed
• Deliverables
• Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit
the matter to the City for clarification.
CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the preparation of the required
information in the RFP. The City will provide only the staff assistance and the documentation
specifically in referred to herein.
• Furnish scope of work and provide general direction as needed for the assigned project
• All plan check coordination within the City
EXHIBIT I - 7
CITY OF SANTA ANA
• Advertise, award, and administer of construction contract
• Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards)
• Electronic files for title sheets and sheet borders
• Facilitate meeting space and coordination and City facilities
FEE PROPOSAL
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be
structured as follows:
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee
schedule where applicable and as outlined in this document. A list of all positions and
hourly rates required to perform the services described herein.
A more detailed scope of work will be provided when/if a Task Order proposal is
requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate
and totals as related to the project.
OTHER TERMS AND CONDITIONS
1. The project will be implemented in compliance with the City of Santa Ana's policies, as
well as Prevailing Wages and State/Federal Requirements.
2. The City regards the inclusion of California based designs, engineering, and construction
professionals, facilities, and services as part of the Team to be highly desirable, but not
mandatory.
3. The City reserves the right to amend this Request for Proposal by addendum prior to the
final dates of submission.
4. All reports, proposals, or other data or materials which are submitted shall become the
sole property of the City of Santa Ana with the exception of the confidential Financial
Capacity information and fee proposals.
5. All products used or developed in the execution of any contract resulting from this request
will remain in the public domain at the completion of this project.
6. The City has an affirmative action program. The purpose of the affirmative action program
is to encourage certified minority business enterprises and women business enterprises.
All submitting firms must have established affirmative action programs approvable by the
City. During the RFP stage, all firms will need to complete a "Certification of Non -
Discrimination by Contractors" for each firm on their team.
EXHIBIT I - 8
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
#2010281v1
A K E L
ENGINEERING GROUP, INC.
RATE SCHEDULE
PERSONNEL
Administrative $11
Professional Services
Engineering Assistant
Hourly Rate
135
Assistant Engineer
170
Associate Engineer
199
Senior Engineer
221
Principal Engineer
$269
Senior Principal Engineer
298
EXPENSES
Notes:
1. Software usage costs are included in hourly rates shown.
2. AKEL Billing Rates are subject to an annual increase at the end of the fiscal year, to
reflect labor rates and related cost adjustments.
W
A�rzc� CERTIFICATE OF LIABILITY INSURANCE
ogre�niMmorYYn
1/24/2025
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 provi3lons 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).
PRODUCER
Partners Insurance Agency
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
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PHONE T Natalia Ellis
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INSURED AKELENGI
Engineering Group, Inc.
7433 N. First Street Suite 103
INsuRERA: RLI Insurance Company
INSURERS:
13056
INSURER C:
Fresno CA 93720
INSURER D: _
INSURER E :
INSURER F:
-- rV,tl 1YV1YlUGICi
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.
ILTR
TYPBOFINeDRANGE
ADDLSUaR
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POLICYNUMBER
PMlouyA
7/11/2024
P�DD EW
7/1V2026
LIMITS
EACH OCCURRENCE
$2,000,000
A
X
COMMERCIALGENERAL LIABILITY
Y
Y
PSB0006667
CLAWSWADa � OCCUR
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PREMISES Ea occu ante
$ i,000,000
MED EXP (Any one amen)
$1 D,000
-
PERSONALSADV INJURY
$2,000,000
PER:
POLICY[jEC LOG
GENERALAGGREGATE
$4000,000
GEN'LAGGREGATELIMITAPPLIES
PRODUCTS-COMP/OP AGG
$4,000000
$
OTHER:
A
Au1'OMo9ILEDA8ILITY
V
V
PSA0402215
7/11I2024
7111l2026
Ee eBCIEsO SINGLE LIMIT
$1,000,000
ED O
BODILY INJURY (Pat person)
$ Y
OWNANY
OWNED SCHEDULED
BODILY INJURY (Pat acdden0
IX
AUTOS ONLY AUTOS
X
HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE
Por accltlent
$
$
A
X
UMBRELLA LIAS
X
OCCUR
Y
Y
PSE0004274
7/11/2024
7/11/2026
FAC14OCCURRENCE
$2010,o00
AGGREGATE
$2,000,000
EXCESS UAB
CLAIMS -MADE
OEO. X RETENTION$ in nnn
$
A
WORKERS COMPENSATION
Y
PSW0003212
7/11/2024
7/11/2026
X ST TUTE
AND EMPLOYERS'LIABILITY YIN
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E.L. EACH ACCIDENT
$1,000,000
OFFICANYPRIMERDRD'ARTNERIE%ECUI'IVE.
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(Mandatory In NoREXCLUOEp7
(Mandatory In NH)
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E.L. DISEASE - EA EMPLOYEE
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$1,000,000
E:L. DISEASE -POLICY LIMIT
$1,ODD000
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DESCRIPON OF OPERATIONS below
A
Professional Liability
RDPOO55118
7/11/2024
7111/2025 1
Per Claim
$2.000.000
AgOregate
$2,000,000
DESCRIPTION OPOPERATIONSILGCATIONS/VEHICLES (ACORD 1Olt Additional Remarks Schedule, maybe attached if more space is required)
The Certificate Holder and/or following are hereby Included as Additional Insureds) on the General Liability policy and Coverage Is provided on a Primary,
Non -Contributory basis Including a Waiver of Subrogation if required by written contract:
Re: On -Call Hydraulic Modeling Services.
Cllyy of Santa Ana, Its City Council, Its officers, officials, ample sea, agents,
and volunteers are named as Additional Insureds with respects to General &
AU amobile Liability where required by written contract.. The above referenced liability are &
policies primary non-contributory where required by written contract.
Waiver of Subrogation In favor of Additional Insureds where required by written contract & allowed by law. Umbrella Follows Form
with resppects to General,
Automobile & Employare Liability Policies Should any of the above described policies be cancelled by the issuing Insurer before the expiratlon date thereof, we
will endeavor to provide 30 days' Written notice (except 10 days for nonpayment of premium) io the Certificate Holder. Separation
General Liability Policy. of Insureds applies to the
..rnurwnrc nvwcrc APPROVED CANCELLATION
By Tu Traa N9dyen at 2:55 pm, Feb 03, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE
City Of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Jaime Arias
20 Civic Center Plaza AUTHORIZED REPRESENTATIVE
Santa Ana, CA 92702
$A_ ,
01988.2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Tu Tran D11gTten Nlgnedby i
Nguyen Data. 2025,02.03
14:56:19-09'00'
Policy Number; PSA0002219 RLI Insurance Company
Named Insured: Akel Engineering Group, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
RLIPace BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
Broad Form Named Insured
Employees As Insureds
Blanket Additional Insured
Blanket Waiver Of Subrogation
Employee Hired Autos
Fellow Employee Coverage
Auto Loan Lease Gap Coverage
Glass Repair — Waiver Of Deductible.
Personal Effects Coverage
Hired Auto Physical Damage Coverage
Hired Auto Physical Damage — Loss Of Use
Hired Car —Worldwide Coverage
Temporary Transportation Expenses
Amended Bodily Injury Definition — Mental Anguish
Airbag Coverage
Amended Insured Contract Definition — Railroad Easement
Coverage Extensions — Audio, Visual And Data Electronic Equipment Not Designed Solely For The
Production Of Sound
Notice Of And Knowledge Of Occurrence
Unintentional Errors Or Omissions
Towing Coverage
PPA 300 0313 Page 1 of 5
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II -
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any business entity newly acquired orformed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-iness
Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days following
the acquisition or formation of the business entity.
This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.
B. Employees As Insureds
The following is added to the SECTION 11 -
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.I. Who Is An Insured Provision:
Any "employee" of yours is an "insured" while using a
covered "auto" you don't own, hire or borrow in your
business or your personal affairs.
C. Blanket Additional Insured
The following is added to the SECTION II -
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.I. Who Is An Insured Provision:
Any person or organization that you are required to
include as an additional insured on this coverage form
In a contract or agreement that is executed by you
before the "bodily injury" or "property damage" occurs
is an "Insured" for liability coverage, but only for
damages to which this insurance applies and only to
the extent that person or organization qualifies as an
"insured" under the Who Is An Insured provision
contained in SECTION 11 - COVERED AUTOS
LIABILITY COVERAGE.
The Insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional Insured's own business auto coverage If
you are required to do so in a contract or agreement
that is executed by you before the "bodily injury" or
"property damage" occurs.
D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV - BUSI-
NESS AUTO CONDITIONS, A. Loss Conditions, S.
Transfer Of Rights Of Recovery Against Others
To Us:
We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any "accident" or
"loss", provided that the "accident" or "loss" arises out
of the operations contemplated by such contract. The
waiver applies only to the person or organization
designated In such contract.
E. Employee Hired Autos
1. The following is added to the SECTION II -
COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.I. Who Is An Insured Provision:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in that "employee's" name,
with your permission, while performing duties
related to the conduct of your business.
2. Changes In General Conditions:
Paragraph 5.11 of the Other Insurance Con-
dition in the BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
"autos" you own:
(1) Any covered "auto" you lease, hire, rent
or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in that
Individual "employee's" name, with your
permission, while performing duties
related to the conduct of your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
F. Fellow Employee Coverage
SECTION II - COVERED AUTOS LIABILITY
COVERAGE, Exclusion B.S. does not apply If you
have workers compensation insurance in -force
covering ail of your employees.
G. Auto Loan Lease Gap Coverage
SECTION III - PHYSICAL DAMAGE COVERAGE,
C. Limit Of Insurance, is amended by the addition of
the following:
In the event of a total "loss" to a covered "auto" shown
in the Schedule of Declarations, we will pay any
unpaid amount due on the lease or loan for a covered
"auto", less:
1. The amount paid under the PHYSICAL
DAMAGE COVERAGE section of the policy; and
2. Any:
a. Overdue leasefloan payments at the time of
the "loss";
PPA 300 0313 Page 2 of 6
b. Financial penalties Imposed under a lease for
excessive use, abnormal wear and tear or
high mileage.
c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry -aver balances from previous loans or
leases.
H. Glass Repair— Waiver Of Deductible
SECTION III — PHYSICAL DAMAGE COVERAGE,
D. Deductible is amended by adding the following:
No deductible for a covered "auto" will apply to glass
damage if the glass is repaired rather than replaced.
I. Personal Effects Coverage
The following is added to SECTION III — PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4, Coverage
Extensions:
c. Personal Effects Coverage
In the event of a total theft loss of your covered
"auto" we will pay up to $400 for "loss" to wearing
apparel and other personal effects which are:
(1) Owned by an "insured"; and
(2) In or on your covered "auto";
No deductible applies to Personal Effects
Coverage.
J. Hired Auto Physical Damage Coverage
The following is added to SECTION III — PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
d. Hired Auto Physical Damage Coverage
If hired "autos" are covered "autos" for Liability
Coverage and this policy also provides Physical
Damage Coverage for an owned "auto", then the
Physical Damage Coverage is extended to
"autos" that you hire, rent or borrow subject to the
following:
(1) The most we will pay for "loss" in any one
"accident" to a hired, rented or borrowed
"auto" is the lesser of:
(a) $60,000
(b) The actual cash value of the damaged or
stolen property as of the time of the
"loss"; or
(c) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
(2) An adjustment for depreciation and physical
condition will be made in the event of a total
"loss".
(3) If a repair or replacement results in better
than like kind or quality, we will not pay for the
betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
auto will apply.
(5) This Coverage Extension will not apply to:
(a) Any "auto" that Is hired, rented or
borrowed with a driver; or
(b) Any "auto" that is hired, rented or
borrowed from your "employee".
K. Hired Auto Physical Damage— Loss Of Use
The following is added to SECTION III — PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
e. We will pay sums which you legally must pay to
the lessor of a covered"auto" which you have
leased without a driver for thirty (30) days or less
for the lessors loss of use of the covered "auto",
provided:
(1) This insurance provides comprehensive,
specified causes of loss or collision covered
on the covered "auto";
(2) The loss of use results from the covered
"auto" being damaged In an "accident' while
you are leasing it.
We will pay up to a maximum limit of $1,500 for
this covered extension.
L. Hired Car— Worldwide Coverage
The following is added to SECTION II — COVERED
AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
f. Hired Car— Worldwide Coverage
(1) We will pay all sums an"insured"legally must
pay as damages because of "bodily Injury, or
"property damage" to which this insurance
applies, caused by an "accident" which
occurs outside of the United States of
America, the territories and possessions of
the United States of America, Puerto Rico
and Canada resulting from the maintenance,
or use of any covered "auto" of the private
passenger type you lease, hire, rent or
borrow without a driver for thirty (30) days or
less.
(2) With respect to any claim made or "suit"
instituted outside the United States of
America, the territories and possessions of
the United States of America, Puerto Rico,
and Canada:
PPA 300 0313 Page 3 of 6
(a) You shall undertake the investigation,
settlement and defense of such claims
and "suite and keep us advised of all
proceedings and actions.
(b) You will not make any settlement without
our consent.
(c) We will reimburse you:
(1) For the amount of damages be-
cause of liability imposed upon you
by law on account of"bodily injury" or
"property damage" to which this
insurance applies, and
(II) Forall reasonable expenses incurred
with our consent in connection with
the investigation, settlement or
defense of such claims or "suits".
Reimbursement for expenses will be
part of the Limit of Insurance for
liability coverage shown in the
Business Auto Coverage
Declarations, and not in addition to
such limits.
(3) The limit of Insurance for Liability Coverage
shown in the Business Auto Coverage
Declarations is the most we will reimburse
you for the sum of all damages imposed on
you, as set forth in paragraph 2.c, above, and
all expenses incurred by you arising out of
any single "accident" or "loss".
(4) You must maintain the greater of the follow-
ing primary auto liability insurance limits:
(a) Compulsory admitted insurance with
limits required to be in force to satisfy the
legal requirements of the jurisdiction
where the accident occurs; or
(b) Insurance limits required by law and
issued by a government entity or by an
insurer licensed or permitted by law to do
business in the jurisdiction where the
"accident" occurs; or
(c) Auto liability Insurance limits of at least
$300,000 combined single limit or
$100,000 per person/$300,000 per acci-
dent Bodily Injury, $100,000 Property
Damage.
If you fail to comply with the above, this
insurance is not invalidated. However, In the
event of a "loss", we will pay only to the extent
that we would have been liable had you so
complied.
(6) The insurance provided by this coverage
extension is excess over any other collec-
tible insurance available to you whether on a
primary, excess contingent or any other
basis.
M. Temporary Transportation Expenses
SECTION 111 -- PHYSICAL DAMAGE COVERAGE,
A.4. Coverage Extensions, subparagraph a.
Transportation Expenses is deleted and replaced
by the following:
a. Transportation Expenses
(1) We will pay up to a maximum of $1,500 for
temporary transportation expense incurred
by you because of Physical Damage to a
covered "auto".
(2) We will pay only for those covered "autos" for
which you cant' Comprehensive, Collision or
Specified Case of Loss Coverage.
(3) We will pay only for those expenses incurred
by you during the period of time that begins
twenty-four (24) hours after the covered
"loss" and ends at the time when the covered
"auto" can be reasonable repaired or
replaced.
(4) This coverage does not apply while there are
spare or reserve "autos" available to you for
your operations.
N. Amended Bodily Injury Definition - Mental
Anguish
The following is added to SECTION V -
DEFINITIONS, Definition C.:
"Bodily Injury" also includes mental anguish, but only
when the mental anguish arises from other bodily
injury, sickness or disease.
O. Airbag Coverage
The following is added to SECTION III - PHYSICAL
DAMAGE COVERAGE B. Exclusions 3.a.:
However, this exclusion will not apply to accidental
discharge of an airbag due to mechanical or electrical
breakdown.
P. Amended Insured Contract Definition - Railroad
Easement
SECTION V - DEFINITIONS paragraph H. "Insured
contact" is modified as follows:
1. Paragraph H.3. is replaced by the following:
3. Any easement or license agreement.
2. Paragraph H.6.a. is deleted.
Q. Coverage Extensions - Audio, Visual And Data
Electronic Equipment Not Designed Solely For
The Production Of Sound
SECTION III- PHYSICAL DAMAGE COVERAGE B.
Exclusions, exception paragraph a. to exclusion 4.c.
and 4.d. is deleted and replaced with the following:
PPA 300 03 13 Page 4 of 5
a. Equipment and accessories used with such
equipment, except for tapes, records, discs or
other electronic media device, provided such
equipment is permanently installed In the covered
"auto° at the time of the "loss" or Is removable
from the housing unit which is permanently
Installed in the covered "auto" at the time of the
"loss", and such equipment is designed to be
solely operated by use of the power from the
"autos" electrical system, In or upon the covered
"autos"; or
R. Notice Of And Knowledge Of Occurrence
SECTION IV — BUSINESS AUTO CONDITIONS,
A.2, Duties In The Event Of Accident, Claim Suit
Or Loss, subparagraph a. is deleted and replaced
with the following:
a. In the event of "accident', claim, "suiP or "loss",
you must give us or our authorized repre-
sentative prompt notice of the "accident" or "loss"
Including:
(1) How, when and where the "accident" or "loss'
occurred;
(2) The "Insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured person and
witnesses.
Your duty to give us or our authorized
representative prompt notice of the "accident" or
"loss" applies only when the "accident" or "loss" is
known to:
(1) You, if you are an individual;
(2) A partner if you are a partnership; or
(3) An executive officer or insurance manager, if
you are a corporation.
S. Unintentional Errors Or Omissions
SECTION IV — BUSINESS AUTO CONDITIONS, B.
General Conditions; 2. Concealment Misrepre.
sentation Or Fraud Is amended by adding the
following:
The unintentional omission of, or unintentional error
In, any information given by you shall not prejudice
your rights under this Insurance. However this pro-
vision does not affect our right to collect additional
premium or exercise our right of cancellation or
nonrenewal.
T. Towing Coverage
SECTION 111 — PHYSICAL DAMAGE COVERAGE,
A.2. Towing, is deleted and replaced by the
following:
2. We will pay up to $750 for towing and labor costs
incurred each time a covered "auto" Is disabled
due to a covered cause of loss. However:
a. All labor must be performed at the place of
disablement and
b. If the covered auto is a private passenger
type no deductible applies; and
c. If the covered auto is not of the private
passenger type our obligation to pay will be
reduced by a $250 deductible per
disablement.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPA 300 03 13
Page 6 of 6
Policy Number: PSB0005567 RLI Insurance Company
Named Insured:Akel Engineering Group, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPacFOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY
1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
Insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury', "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with "your work" and Included
within the "product -completed operations
hazard".
2. The Insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply an any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
3. The following is added to SECTION III H.2. Other
Insurance — COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the Insurance provided to an
additional insured under this policy must apply on a
primary basis, or a primary and non-contributory
basis, this Insurance is primary to other insurance
that Is available to such additional Insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily Injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II —
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 02 12 Page 1 of 1
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)
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 2 a/c of the California workers' compensation premium
otherwise due on such remuneration.
Person or Organization
Schedule
Job Description
All persons or organizations that are party to a contract that Jobs performed for any person or organization that you
requires you to obtain this agreement, provided you have agreed with in a written contract to provide this
executed the contract before the loss. agreement.
This endorsement changes the policy to which It Is attached and Is effective on the date Issued unless othenv9se stated,
(The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.)
Endorsement Effective 07-11.2024
Policy No. PSW0003212 Endorsement No.
Insured
Insurance Company
Akel Engineering Group, Inc.
RLI Insurance Company
Countersigned By
01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
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12.MaritalorDomesticPartnerExtension
Subjectotherwisetothetermsandconditionshereof,thisPolicyshallcover Damages arisingfromany Claim made
againstthelawfulspouseordomesticpartner(whethersuchstatureisderivedbyreasonofapplicablestatutorylaw,
commonlaw,oranyotherapplicablelawanywhereintheworld)ofan InsuredPerson for Claims arisingsolelyout
ofhisorhercapacityasthespouseordomesticpartnerofan InsuredPerson,includingsuch Claims thatseek
damagesrecoverablefrommaritalcommunityproperty,propertyjointlyheldbythe InsuredPerson andthespouse
ordomesticpartner;orpropertytransferredfromthe InsuredPerson tothespouseordomesticpartner;provided,
however,thisextensionshallnotaffordcoveragefor WrongfulActs oractsgivingrisetoa PollutionIncident ofthe
spouseordomesticpartner.Allterms,conditionsandotherprovisionsofthisPolicy,inclusiveofanyprovisionrelative
totheapplicableDeductible,whichwouldbeapplicableto Damages incurredbythe InsuredPerson insuch Claim,
shallalsoapplyto Damages incurredbythespouseordomesticpartnerinsuch Claim.
13.Severability
ExceptwithrespecttotheLimitsofLiabilityandanyrightsordutiesspecificallyassignedtothe FirstNamedInsured
statedinItem1.oftheDeclarations,suchasthoserightsanddutiesinSection19.ofthisPolicy,thisinsurance
applies:
a.asifeach NamedInsured weretheonly NamedInsured;and
b.separatelytoeach Insured againstwhom Claim(s)ismadeorsuitisbrought.
14.Representations
The Insureds representandacknowledgethatthestatementsandinformationcontainedintheApplicationaretrue,
accurateandarethebasisofthisPolicyandareincorporatedintoandconstituteapartofthisPolicy;andshallbe
deemedmaterialtotheacceptanceofthisriskorthehazardassumedbytheInsurerunderthisPolicy.
15.Subrogation
IntheeventofanypaymentunderthisPolicy,theInsurerandthe Insured mayhavetherighttorecoverallorpartof
anypaymenttheInsurerorthe Insured makesunderthisPolicy.Ifso,thoserightsaretransferredtotheInsurer.
The Insured mustdonothingtoimpairsuchrights.The Insured willdoeverythingnecessarytosecuresuchrights
andhelptheInsurerenforcethem,includingtheexecutionofdocumentsnecessarytoenabletheInsurertoeffectively
bringsuit.Anyrecoverieswillbeappliedasfollows:
a.first,totheInsureruptotheamountofitspaymentfor Damages and ClaimExpenses;
b.then,tothe Insured asrecoveryofDeductibleamountspaidas Damages and ClaimExpenses.
TheInsurerwaivesitsrightsofsubrogationunderthisPolicyagainstclientsoftheTheInsurerwaivesitsrigghtsofsubroggationunderthisPolicyyaggainstclientsofthe InsuredInsured asrespectsasresppects
Claim(s)Claim(()s)
arisingfromarisinggfrom ProfessionalServicesProfessionalServices undertheclientÓscontractrequiringwaivundertheclientÓscontractrequiringwaiverofsubrogationbutonlytotheextenterofsubrogationbutonlytothe
extent
requiredbywrittencontract.requiredbywrittencontract.
16.OtherInsurance
ThisPolicyshallbeexcessofanyothervalidinsuranceavailabletothe Insured,includinganyproject-specific
professionalliabilityinsurance.ThisPolicyshallalsobeexcessofanyDeductibleorself-insuredretentionundersuch
otherinsurance.
17.Territory
ThisPolicyappliesto Claim(s)arisingfrom ProfessionalServices renderedworldwide.
However,thisPolicyshallnotapplytoanyriskwhichwouldbeinviolationofthelawoftheUnitedStatesincluding,
butnotlimitedto,U.S.economicortradesanctionlawsorexportcontrollawsadministeredbytheU.S.Treasury,
State,andCommerceDepartments(e.g.theeconomicandtradesanctionsadministeredbytheU.S.TreasuryOffice
ofForeignAssetsControl).
RDP 101 (09/18)Page 14 of 16