Gardena City Council
September 13, 2022

Revision Date – September 1, 2022

PRISM Members

 County of Sutter
 City of Carmel by the Sea
 Mt. Diablo Unified School District
 Tahoe Transit
 San Mateo Consolidated Fire

YCPARMIA Members

 Capay Valley Fire Protection District
 City of Davis
 City of Winters
 City of West Sacramento
 City of Woodland
 Clarksburg Fire Protection District
 County of Yolo
 Dunnigan Fire Protection District
 Madison Fire District
 Winters Fire Protection District

CIRA Members

 City of Amador
 City of Arcata
 City of Avalon
 City of Belvedere
 City of Blue Lake
 City of California City
 City of Calimesa
 City of Calistoga
 City of Citrus Heights
 City of Clearlake
 City of Cloverdale
 City of Coalinga
 City of Cotati
 City of Eureka
 City of Ferndale
 City of Fort Bragg
 City of Fortuna
 City of Grass Valley
 City of Healdsburg
 City of Highland
 City of Lakeport
 City of Menifee
 City of Nevada City
 City of Pacific Grove
 City of Plymouth
 City of Point Arena
 City of Rancho Santa Margarita
 City of Rohnert Park
 City of Sebastopol
 City of Sierra Madre
 City of Sonoma
 City of St. Helena
 City of Tehama
 City of Trinidad
 City of Twentynine Palms
 City of Ukiah
 City of Wheatland
 City of Wildomar
 City of Willits
 City of Yucaipa
 City of Yucca Valley
 Town of Truckee
 Town of Windsor
 Town of Yountville

Tuolumne Schools Joint Powers Authority

 Alpine USD
 Amador USD
 Belleview Elementary
 Big Oak Flat-Groveland
 Bret Harte High School District
 Calaveras County USD
 Columbia USD
 Jamestown School

Response to RFP – City of Gardena

Revision Date – September 1, 2022

 Mark Twain USD
 Sonora USD
 Sonora Union High School District
 Soulsbyville Elementary
 Summerville Elementary
 Summersville Union High School
District
 Tuolumne County Office of Ed
 Twaine Harte School
 Vallecito USD
LWP maintains a split between self -insured and other clients including insured, groups and large deductible policies. While the larger number of clients are self insured, over 50% of claims would fall in other categories.

 Confirm your company is a currently licensed claims administrator of self - insured WC programs licensed to do such business in California and approved by OSIP

LWP is fully licensed to administer self -insurance WC claims in California and has been approved by OSIP continuously since 1994.

 Provide a copy of your company’s internal claims management standards and outline your company initial investigation guidelines and requirements

LWP has a proven track record for disciplined execution. We have documented those practices that we are confident facilitate achievement of outstanding results. We measure and monitor our examiner’s performance to be sure that the agreed Best Practices are utilized. We know that the difference between excellence and mediocrity is in the blocking and tack ling that occurs each and every day. Yet, we also recognize that even tried and true techniques are not always the best course for any particular claim.

Our Examiners are empowered to evaluate the circumstances of a claim and to consider an alternate course of action that is likely to lead to a better result for a particular claim. We want our examiners to “do the right thing,” rather than merely “doing things right.” If at any time, the Examiner proposes an alternative strategy, this will be discussed wi th the client prior to embarking on an alternative path.

At LWP, we recognize that our core responsibility is to investigate, adjust and settle claims. LWP has extensive protocols to ensure that we determine eligibility for, and then process both medical and indemnity benefits in a timely manner.

LWP’s contact is focused on determining what activities the employee is ABLE to perform. We do not accept “unable to work” as a status. We look for the activities that CAN be performed, including activities of daily living. We then work with the Employer to determine whether temporary modified work can be available to keep the employee at work.

Included in our core responsibility is timely payment of benefits and notices to employees. Through careful hir ing and training practices working hand in a hand with a claims system specifically designed to move claims toward conclusion while complying with all regulations we are able to

Response to RFP – City of Gardena

Revision Date – September 1, 2022

effectively meet this responsibility. Our unique approach to supervision and management also ensure compliance with the California Labor Code.

Once the objectives of the program are clearly defined and the City -specific workflows and Best Practices have been created, LWP will manage the claims according to those handling guidelines.

LWP will set up a claim and begin the three-point contact process immediately upon receipt of ANY notice of a claim. LWP examiners are required to make three -point contact on all Indemnity claims within 24 hours of receipt, with the first contact always being the employer. If voice-to-voice contact is not achieved, the Examiner will continue efforts to reach the parties until accomplished. Subject to City’s approval, we recommend two-point contact on all medical-only claims.

Once the three -point contact in completed the claim begins a cycle of proactive adjusting that is continually focused on closure.

During the initial case evaluation and no later than five business days from the date the claim is originally reported to us, the claims examiner establishes a reserve that reflects the likely cost of the case based on the available factual and medical information. Subsequent reserve changes are made within five business days of receipt of any additional information supporting a reserve adjustment.

It is our philosophy to ensure that the reserves represent the likely outcome based on available information.

After assigning the claim and providing initial direction to the Examiner, the Supervisor next approves the compensability decision, after which they next review the claim and reserves at their 28 day review, and then subsequently at each touch point and on each oversight diary. Supervisors maintain oversight diaries no longer than 90 days apart, and more frequently for files with significant issues. Beginning with this review and continually through the life of the claims the supervisor and adjuster will work at each touch of the claim to move toward closure.

Our protocols include regular plan of action updates. For each claim issue, the Examiner will enter a status update as well as a plan for the steps necessary to resolve that issue. Each plan of action also contains a timeline and goal to resolve all issues and close the claim. The scheduled review and update of this plan will allow the City to immediately review the status of the claim at any time through online access.

Continued review by the examiner and the supervisor is maintained through the use of our diary system. Each time a diary is worked another will be set. We consider resolution of the claim at each touch and are constantly working to return the injured worker to work and close the claim.

A copy of our Claims Best Practices is attached as Addendum B along with our Litigation Best Practices in Addendum C.

 Describe any financial and/or ownership relationship with any other company that may pose a conflict of interest and provide a conflict of interest statement and/or confidential agreement.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

LWP does not have any financial or ownership relationships with any companies, whatsoever.

 Describe your company’s claims quality control program and the frequency of internal operational audits.

At LWP, we know that a top -to-bottom focus on quality claims handling is where the rubber meets the road. Quality controls are woven throughout every aspect of our operations and provide City with the assurance that everyone at LWP works diligently every day to keep all promises and meet all targets and deadlines.

LWP uses a multi-pronged approach to ensuring quality claims handling that is outcome driven and never viewed as “processing”. Our approach includes:

1) Supervision
2) Automation
3) Separation of duties
4) Management reports and Dashboards
5) Internal Audit
6) SSAE 18 audit (External Audit)

Supervision: The supervisor provides the first line of quality assurance. Our supervisors measure and monitor performance extensively to ensure that guidelines are followed, and steps are not skipped. In addition to their training and mentoring role, supervisors intervene in the adjusting process and play a pivotal role in ensuring quality claims handling.

Managers and supervisors do not carry caseloads. It is central to LWP’s handling philosophy that managers and supervisors dedicate their time to overseeing the adjusting process. The supervisor’s principal responsibility is to evaluate the examiners’ claims handling and provide feedback to ensure that all actions are proactive, timely, accurate and cost effective.

In addition to ensuring that a supervisor review all claims at least every 90 days, we require supervisors to sign off on several adjusting steps before examiners can proceed. Supervisors are required to review and approve the following actions prior to completion. (Those approvals will be visible to the City through electronic access.)

 New loss assignment and direction
 Compensability approval (Accept, Delay, Deny within 14 days)  28-day oversight diary
 Acceptance approval (if originally delayed)
 Reserve change approval (items over examiner’s designated authority)  Settlement approval (items over examiner’s designated authority)  Award computation sheet approval
 Penalty payments approval
 Regular oversight diaries at least every 90 days

Response to RFP – City of Gardena

Revision Date – September 1, 2022

 Closure approval

Team metrics are always available to our supervisors using data dashboards to ensure they are able to provide the best possible support to examiners. An example of a supervisor dashboard follows.

Because supervisors are required to review all active claims at least every 90 days, 1/3 of all claims are reviewed each month.

Automation: We have several controls built into our systems. A few of interest are the automated diary and email system; built in mail and document tracking; and built-in authority safeguards.

Diary System: LWP’s claim diary system has some built-in diary functions that add levels of safeguard to the claims management process. Those features include:
 System does not allow a claim to be open without at least one diary  A
uto Diaries are created for new losses, each contact for three - point contacts, supervisor’s
28-day review
 A
uto diaries created for various client special handling requirements  System creates auto diaries to supervisors and managers when reserves are inadequat e to make payments
 System creates auto diaries to supervisor and manager when reserve worksheet is created that exceeds examiners’ authority (reserves will not post until someone with sufficient authority approves)
 Diary history is maintained permanently in our claims system as an audit trail  State EDI exceptions are fed back into our system, and create auto diaries

Electronic Claim File/Mail Management: All mail is scanned and electronically date stamped on the date it is received. The mail is indexed and distributed to the Examiner by the next morning. All mail is flagged as “new” when it arrives in the examiner’s mailbox. The claims handler acts on the mail by the date benefits are due, or within five business days from the date the mail was originally received by the office, whichever comes first. The document management system has an audit function that allows managers to know where a document has been at all times. There can be no lost mail!

Response to RFP – City of Gardena

Revision Date – September 1, 2022

Authority Safeguards : We have several built -in safeguards against errors. First, we have built in authority levels set by Examiner that prevent a reserve from being posted without proper authority.

The examiner enters their detailed reserve recommendation in our Reserve Worksheet screen. If the examiner has sufficient system authority, the reserve will post. In cases where the recommendation exceeds the authority level, the claim system will automatically set a d iary to the supervisor, manager, or Vice President, depending on the value of the recommended reserve. If approved, the reserve will post. If denied, the worksheet will be automatically returned to the Examiner for revision.

Similarly, payments cannot be released without reserves. The person entering the payment can complete the entry regardless of the reserve value; however, the check will not print. The system will set a diary for the payment request to a supervisor and post the potential payment onto a report that is cleared daily by the supervisors. The managers and Vice President review this report regularly to ensure all payments are released timely. This also ensures that payments are not ignored, lost or misplaced.

Separation of Duties: We maintain strict separation of duties that conform to our SSAE 18 (formerly SAS 70) controls. A person who can approve a payment cannot enter one. Only our CFO can enter a vendor into our system, and the system will not produce a check unless the vendor is in our system and tied to a valid IRS Tax Identification Number.

Management Reports and Dashboards: Company-wide reports are used to monitor compliance with Company performance standards. Examples are timeliness of set up, 3 -point contact, and insufficient reserve reporting. Additionally, we produce quality control reports to identify all data corrections and needs to conform to State EDI standards and to specific client data requirements.

Internal Audit: LWP utilizes an extensive internal audit program to ensure quality claims handling.

We have five staff members (3 with claims supervisory experience, and two with an accounting background) who perform internal audits. Our internal audit program is used to validate that we follow the guidelines we have set for ours elves. It very closely mirrors our SSAE 18 guidelines and serves as an internal validation that our controls are in place and functional. Our CFO, the three claims experts and our accounting analyst audit various procedures and processes according to a schedule, and upon special request. Results are shared with our managers so that we can tighten any procedures necessary and can use our performance management system to address any individual performance issues that might be highlighted.

SSAE 18 (External Audit): LWP was a very early adopter of the SAS 70 audit process, having earned our first annual SAS 70 Type 2 Audit certification in 2004. Annually, an accounting firm reviews our controls and objectives to test our compliance. Our 2021 SSAE 18 Type 2 Audi t was completed in February 2022.

 Provide a list of workers’ compensation insurance carriers for which you are approved as a Workers’ Compensation TPA.

LWP is approved to manage new claims for:

Response to RFP – City of Gardena

Revision Date – September 1, 2022

 Arch
 Chubb/ACE
 PRISM (Primary)
 Crum & Forster
 Mitsui Sumitomo
 Old Republic
 CoAction (formerly ProSight Specialty/New
York Marine)
 Safety National
 Service American Indemnity Company
 Transverse Insurance
 Vanliner Insurance

LWP also manages run-off claims for:
 Enstar
 North American
Specialty/Swiss Re
 Travelers/Discover Re

 Provide information on the circumstances and status of any disciplinary action taken or pending against your company during the last 3 years by any state regulatory bodies or professional organizations.

LWP has never been the subject of any disciplinary action by any regulatory body or professional organization.

 Describe your policy regarding penalties resulting from your company’s failure to perform according to the California Labor Code.

LWP is very mindful of statutory and administrative requirements and incurs very few penalties. In cases where a penalty is due, LWP will self -impose and immediately reimburse City . We will also provide an explanation along with an action plan to document our plans to prevent any future occurrences.

 Provide three (3) client references with similar operations with dates of service, client’s name and contact person with telephone numbers and email addresses for which you currently provide workers’ compensation TPA services. In addition, provide (2) references and contact information of past clients. (By providing these references, you agree that neither the City, TCS Risk, nor the clients referenced shall have any liability regarding the provision of such references or the City use of such references in making the selection under the RFP)

We offer the following references for your consideration:

California Intergovernmental Risk Authority (CIRA) (pool of 45 cities statewide)- (client since 7/1/2016)
Kin Ong
General Manager
(916) 927-7727
[email protected]

City of Fremont (client since November 1, 2018)
Steve Schwarz

Response to RFP – City of Gardena

Revision Date – September 1, 2022

Risk Manager
(510) 284-4050
[email protected]

City of Menifee (client since July 1, 2016) ) (member of CIRA pool) Robert Cardenas
Deputy Human Resources Director
(951) 723-3764
[email protected]

Conejo Valley Unified School District (client since June 1, 2019) Dr. Victor P. Hayek
Deputy Superintendent, Business Services
(805) 498-4557 ext. 7502
[email protected]

LWP has not lost any public agency clients in the pa st 6 years, so does not have relevant past references to offer.

 Identify any service(s) you intend to sub -contract to others and identify the proposed sub - contractors including names, phone numbers and the qualifications of the sub-contractors’ company.

Because LWP takes full responsibility for all work performed, we consider them to be “partners” rather than “subcontractors.”

We submit these partners for your consideration, but also understand the City is interested in continuing to use some of your current partners.

Our Partners are:

Proprietary MPN Signature Networks Plus Bill Review accūrō Solutions Utilization Review Genex Case Management Genex

Signature Networks PLUS - Signature is a Cypress, Califor nia based organization whose focus is in workers’ compensation insurance services. They maintain 3 locations, corporate office in Cypress, California and field offices in Granger, Utah and St. Louis, Missouri. To date they have developed and currently manage approximately 100 Medical Provider Networks (MPNs). They offer the flexibility Signature
Networks Plus accuro Genex
Managed Care Optum One Call HomeLink

Response to RFP – City of Gardena

Revision Date – September 1, 2022

to build to our clients’ specific needs and also offer custom Outcomes Based network programs.

Signature developed and manages LWP’s proprietary Medical Provider Network, and will serve as network manager, should the City decide to utilize LWP’s network.

Contact: Robert Wagner - CEO
Signature Networks PLUS, Inc.
(562)-546-0035 X 308
[email protected]

accūrō Solutions – a sophisticated provider in the workers compensation claims space, delivers customized solutions with the determination to modernize the Medical Bill Review industry.

Through their ARC (Automation, Reliability & Collaboration) System, built on a foundation of modern technologies, accūrō Solutions provides unprecedented flexibility, scalability, and reliability to their clients. accūrō Solutions provides LWP with bill review software, and aggregate payment models to serve LWP’s clientele efficiently and with care.

LWP has worked with the team at accūrō since 2009.

Contact: Teri Mangus
National Sales Executive
accūrō Solutions
(909) 605-3551
[email protected]

Genex- serves as LWP’s Utilization Review and Nurse Case Management Partner, since purchasing Excel Managed Care, our partner since 2009.

Genex has 2,000+ direct -employed case managers, including more than 1,025 catastrophic case managers. In addition, they have over 265 bilingual case managers, with more than 50 in California alone. Genex improves RTW outcomes by more than 35%, compared to national benchmarks established by WCRI. For cases managed by Genex, 79% return to work within 30 days of referral.

Genex has 150 employees in the Utilization Review Department and uses a combination of both employed and contracted nurses and physician advisors. They directly employ three (3) medical physicians, 48 chiropractic physicians, and 15 registered nurses whose tenure with Genex averages 12 years. They contract with over 600 physicians, nurse practitioners, and registered nurses to service our customers’ clinical requirements. 95% of their contracted physicians are p racticing physicians. They believe using physician reviewers who are in active practice leads to more informed, quality decisions. Genex UR services are managed under the direction of their clinical medical director, Dr. Dan Maldonado.

Contact: Brenda Smith, RN,BSN,CCM
National Account Manager

Response to RFP – City of Gardena

Revision Date – September 1, 2022

Genex
(541) 840-8900
[email protected]

In addition to these services, LWP has built a Medical Savings program, through which we offer access to specialty services and networks that are available to the City.

Pharmacy Benefit Network- Optum
Durable Medical Goods- One Call Medical and HomeLink Translation and Transportation- One Call Medical and HomeLink Expedited Diagnostic Testing One Call Medical and Homelink Physical Therapy Network- One Call Medical and Homelink

Optum – Optum came to be LWP’s partner through a series of mergers. Established in 1976, Progressive Medical merged with PMSI and rebranded their company as “Helios”, which then merged into Optum. Enjoying a long-term partnership with Progressive Medical, our management and day- to-day contacts have remained unchanged despite these mergers, giving LWP the advantage of more advanced technology coupled with partners who understand LWP’s programs, philosophies and our clients’ needs. As a full -service provider of technology -enabled, clinically driven services for Pharmacy, DME, Home Health Care, Transportation, Translation and Settlemen t Solutions, they deliver innovative solutions for cost containment across the claims lifecycle. The Optum companies have served as trusted resources for thousands of insurance payors, state workers’ compensation funds, employers, and third -party administrators for nearly 40 years. Today, Optum continues its leadership position by managing millions of pharmacy, DME, home health, transportation, translation, and settlement transactions for our clients each year. LWP partners with Optum for Pharmacy Benefit Network and physician peer-to-peer services.

Contact: Amy McDonald
Senior Account Manager
Optum
(763)497-5266
[email protected]

One Call – An industry leading managed care provider, One Call has built best I class services through acquisition and innovation. For Physical Therapy, they purchase Align Networks, who had created a program that is “comprehensive yet simple.” Unlike generalist networks, Align Networks developed specialized protocols for their network providers. Instead of focusing on back -end discounts, they actively manage cases up front, focusing on communication and the best patient care to ensure the fastest return-to-work results, resulting in quicker turn around, lower costs, and increased quality care. For Transportation, One Call developed Relay Ride, an industry leading progra m that utilizes their proprietary software to manage the utilization of Lyft on -call transportation, offering very significant savings.

Contact: Jessica Elliott
Client Service Director

Response to RFP – City of Gardena

Revision Date – September 1, 2022

One Call
(916) 836-6555
[email protected]

HOMELINK - Began as an idea within an HME buying group for community-based providers. An idea in the mind of a visionary with a simple philosophy: coordinate outstanding home health care services for people to recover and experience a higher quality of life. HOMELINK’s 500+ employee owners connect over 1,200 payers. These payers are connected to more than 36,000 core providers and an additional 72,000 community-based providers in our database, giving the highest quality of care to more than 30 million covered lives. Today HOMELINK has expanded its service offerings to everything under the ancillary umbrella including durable medical equipment, orthotics and prosthetics. home and vehicle modifications, transportation, translation, hearing healthcare, diagnostic imaging, outpatient physical therapy, post -acute care, and more. HOMELINK is relentlessly committed to providing unparalleled customer service and unsurpassed value to its loyal customers.

Contact: Whitney Gerst
Senior Account Manager
(310) 830-7656
[email protected]

 Provide a proposed transition plan and implementation timetable.

We have attached a draft transition/implementation plan as Addendum A . Upon contract award, we will meet to finalize the plan. You can then expect weekly transition updates until the transition is complete.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

This page left blank intentionally

Response to RFP – City of Gardena

Revision Date – September 1, 2022

8 Account Management

The City will require an account manager for this program. This individual will play an essential role in the successful administration of this program and should have authority and overall responsibility for the following key components of the program:

 Service agreement administration and management of TPA staffing on the City’s account  Trouble shooting and providing effective solutions to resolve issues or problems with the service agreement and/or claims management services.
 Identify key outcome based measurements that are tracked and deliver program improvements and cost reduction results.
 Monitor claim trends and audit claim handling procedures to ensure a high level of customer service and best in class claim service deliverables.  Coordinate regular claim reviews for the City, with participation of the appropriate dedicated claim staff, City representatives and as needed; defense attorneys.  Assist in coordination of an annual stewardship meeting to present/discuss program changes, performance metrics, benchmarking and claim trending/loss analysis reports.  Provide or facilitate any custom data download, report requests of the City or its agents

LWP has identified David Bomberger, Claims Manager, as a candidate for Account Manager. David has extensive experience managing claims and claims staff, and working with our clients in Southern California, both insured and self-insured. LWP offers a unique approach to account management in that a Claims Manager is assigned to that task. In our experience this allows relationships and oversight that cannot be duplicated with other options. David will not only be a contact to City's with full authority to resolve issues o n behalf of LWP, he will be involved in the oversight of the specific claims for City.

We further offer Amber Davis to serve as transition/implementation manager for the City. Amber is a very experienced manager at LWP who offers a wealth of experience in transitions and implementations of municipalities, in particular.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

This page left blank intentionally

Response to RFP – City of Gardena

Revision Date – September 1, 2022

9 Key Claims Administration Requirements (Please refer to Addendum A and B for more details)

 Fraud Control - Gardena requires the claims administrator to aggressively investigate and control fraud and report all claim s meeting the State Fraud reporting guidelines. The City desires to pursue restitution in all fraud cases. The City shall be notified of all claims involving potential fraud and initiation of fraud investigation activities. SIU referrals should be approved by the City prior to referral and only to firms on the City’s approved list.

Our approach to SIU is consistent with our approach in all other areas. We do not paint all injured workers with a broad brush. We strive for balance, knowing that fraud must be taken very seriously, yet also recognizing that unfounded accusations and mist rust lead to unnecessary litigation and expense.

Our staff receives regular training in how to identify potential fraud without becoming suspicious of honest and well- meaning injured workers. We utilize a list of Key Fraud Indicators that assist the Examiner in identifying claims that may require additio nal investigation. Whenever red flags are identified, the Examiner will immediately contact the Employer to discuss and agree on an appropriate plan of action.

At time of contract award, we will meet with the City to gather information about the City’s approved investigation panel. We are happy to work with investigators selected by the City, and can also recommend Probe Information Services (a division of VRC) , who also serves as our SIU partner.

LWP and Probe formed a strategic partnership to create a pro-active team to fight fraud and create positive claim outcomes.

Probe provides LWP with both a fully compliant and committed Special Investigation Unit (SIU). Probe’s SIU provides annual anti -fraud training as well as reviews suspicious claims du ring their weekly visits to LWP’s offices. LWP’s claim professionals strategize with Probe’s SIU to develop a pro-active plan of action to utilize innovative investigative solutions to get malingerers back to work, stop exaggerators, identify abuse and suc cessfully convict those who commit insurance fraud. During our partnership, we have had 28 convictions for insurance fraud with over $1 ,2 mil ordered in restitution.

Separate from any indications from you that would trigger a potential referral for sur veillance; we believe that there are several criteria that can be indicators that a field investigation and face-to-face statement taken from the injured worker may be indicated. Those criteria include:

 Employee’s account of incident changes as it is retold  Employee claims to have “forgotten” to report an important mechanism of injury  Employee’s initial account differs from physician’s First Report of Injury  Employee fails to report the injury in a timely manner

Response to RFP – City of Gardena

Revision Date – September 1, 2022

 Lack of physical evidence to support claims
 Alleged injuries appear to be physically impossible
 Mechanism of injury is inconsistent with alleged injuries  More suspect if incident reported after days off

 Monday morning report of a Friday injury
 Claim filed more than a few days after the alleged injury  Claim occurs in conjunction with layoffs or announcements of changes  Claims occurring after termination

 Multiple prior claims
 Frequent address or phone changes
 Using a PO Box as a home address
 Worker uses addresses of friends, family, or PO Boxes; has no known permanent address and moves frequently.
 Inability to contact claimant at home when totally disabled  New hire at employer
 Chooses treating physician that is significant distance from employee  Tries to treat outside the MPN
 Upcoming job change or seasonal layoff immanent
 Worker reports an alleged injury immediately following disciplinary action, notice of probation, demotion, or being passed over for promotion  Worker has known high-risk activity, such as mountain climbing or snowboarding  Worker avoids the use of U.S. Mail; hand-delivers documents  Employee is known to have simultaneous employment

Potential fraud is always discussed with the client prior to any referral. If approved, the results of the investigation will then be discussed with City, and together, we can determine the best strategy for utilization of the findings. City will be involved every step of the way.

 Claim Reviews - Quarterly claim reviews on-site at the City is required. The TPA is expected to send dedicated claim staff to attend claim reviews. Litigation reviews are required on a semi-annual basis and the presence of defense counsel at these reviews will be required. The City anticipates that claim reviews will be held at Gardena City Hall in the City of Gardena.

We are happy to attend quarterly claim reviews as well as semi- annual litigation reviews .

Understanding that these meetings are a very valuable tool in achieving superior claims outcomes, we do not limit the number or frequency of review meetings. We will attend as many review meetings as the City would find useful, knowing that the information that can be gleaned from the conversations makes the time and expense well worth the investment.

The most effective format is one that meets the client’s needs. Generally, we find it productive to have the Examiner present the claim (providing a brief written Plan of Action as well as a verbal plan to resolve the claim.) The Examiner can then answer any questions and discuss strategies and

Response to RFP – City of Gardena

Revision Date – September 1, 2022

options, with input from the Supervisor, Manager and of course, the client. We are happy to include Defense attorneys, or to schedule separate litigation reviews, if preferred.

Note that the written status reports can be provided in advance of the meeting, if the City prefers.

 Loss Reporting and Claim System Access – The City requires, on a monthly basis, basic loss reports det ailing claim frequency, open inventory, paid and incurred costs. Gardena may need to obtain other reports for various purposes including but not limited to actuarial studies, OSIP reporting, audits, program and injury analysis. Please provide details on yo ur system’s reporting capabilities, availability of internal IT staff to respond to custom report requests and client access to your system’s reporting tool. The Gardena will also require claim system access for a minimum of two users to review and monitor its claims, review file notes and reserves.

LWP is able to meet all reporting and data requirements.

LWP maintains very robust reporting capabilities. We deliver reports via several methods:
 Regularly scheduled reports are emailed to clients
 Client access to run reports using multiple templates  Client access to ad hoc reporting
 Customized reports prepared by LWP staff
 Stewardship reports

Scheduled Reports - Upon contract award, LWP will meet with the City to determine the reports that you would like to receive on a regular basis. These reports will be delivered to you on a schedule determined by you. Additionally, we will take our direction from you as to which reports to provide to each member. The menu of reports available includes:
 Cumulative Loss Runs (can be provided at any organizational level)  Fiscal Period Report (including detailed financial transactions, reserves, payments and recoveries) during a stated period of time. It can be run with detail, or summarized  Closed Claim Log
 Claims logs of various claim identifiers (ie. First Aid, Litigation, Back Claims, etc.)  Standard Claims Summary (financial and data summary of each claim)  Payment type reports
 Loss Triangle Reports (incurred, paid, outstanding)
 4850 Reports
 Injury Type Reports (Cause, Site, Nature of Injury, Occupation)  Lag Time Reporting (date of loss/date report)
 Losses reported by tenure with Company
 OSHA 300 and 300A
 Check Registers
 Individual Claim Reports (Notes, reserve activity, plan of action, etc.)

Standard reports templates allow user to specify:
 Filters (i.e. open vs. closed, claim type, date opened, date closed, etc.)

Response to RFP – City of Gardena

Revision Date – September 1, 2022

 Organizational and timeframes - (i.e. reports can be run by division and/or department, and for any fiscal period)
 “Value as of” capability

Ad-Hoc Reporting: The City will also have access to Origami’s Ad Hoc reporting tool, which allows for real ad hoc creation of spreadsheets containing any of more than 100 data elements.

Spreadsheets can be sorted, formatted and manipulated to allow maximum access to their data. Data from the prior administrator will be made available through this tool (subject to the quality and availability of that data). All reports are exported to Excel spreadsheets. Reports can be stored and edited for re-use. All data in the report can be as of a user specified value-as-of date or current to that instant in time.

Customized reports prepared by LWP staff : LWP maintai ns staff with expertise in creating customized reports. You will have unlimited access to our staff, and can request ad -hoc or customized reports at any time. We employ a full -time analyst with very advanced capabilities in order to assist clients with advanced reporting and analysis needs.

Stewardship Report: LWP has developed a package of risk management reports that includes high- level and detailed information in both data and graphical format. These reports will be provided at claim reviews in order to provide an overview of trends and results. Additionally, LWP can commit to creating reports that are needed for any risk management meetings.

LWP is able to produce all required reports for the State. LWP has several experienced staff members who regularly prepare the annual reports required by the Office of Self Insurance Plans. We will prepare the claims portion and will provide it to the City with plenty of lead-time to allow the City to add the portions required by the Employer.

LWP offers clients access to the Origami system, allowing the client to do the following:
 Report claims to LWP online
 View a customized dashboard with metrics relevant to the client  View individual claims details (including financials and adjuster notes)  Run reports
 Email messaging into and out of the claims system
 Enter notes into each claims

 MMI and Permanent Disability – the City feels it is imperative that its claims be managed proactively to achieve a finding of MMI or P&S as soon as practical in order to help reduce temporary disability exposures. This may require the TPA to actively seek P&S determinations from the treating or QME physician when the medical reports do not document any change in status with ongoing treatment. the City also expects the selected TPA to aggressively pursue apportionment of PD to prior claims or pre -existing conditions/disabilities. This will require that the selected TPA conduct investigation into prior claims and/or pre-existing conditions and promptly secure the needed medical records to support apportionment on all applicable claims well before permanent dis ability evaluations occur.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

LWP is committed to proactive disability management that is focused on early and sustained Return- to-Work. We recognize the need for early aggressive medical treatment so as to minimize disability and facilitate case resolution. We know that claims resolve quicker when the injured worker is returned to work. While an injured worker is disabled, we contact the treating physicians no less frequently than every two weeks. During the call, we attempt to coordinate release to full dut y or, failing that, a return to modified or alternate work. Our staff is trained to probe for information about what an employee is physically ABLE to do, rather than accepting “unable to return to work” as a status. We focus on activities of daily living to determine whether we can work with the employer to create modified duties based on those abilities.

LWP does not believe in wasting time. Once we know there is a questionable or disputed medical evaluation, we will move quickly to take the next step. Depending on the circumstances of the claim and whether the claim is in litigation, we may recommend a QME or an AME. Generally, if the claim is a straight forward injury claim and we need to obtain a finding of “Permanent and Stationary” with a disability rating, we tend to pursue the panel QME so that we can invoke the statutory requirements for timely completion of the evaluation by the injured employee and timely completion of the report by the physician.

On more complex claims that include medical and legal issues, we will attempt agreement with a reputable AME physician if possible. We will also contemplate how far into the future the AME is scheduling evaluations as well as the anticipated turnaround time for the AME’s report before committing to an AME. LWP does this to mitigate any ongoing temporary disability/ salary continuation exposure and to keep the claim moving toward overall resolution.

Upon contract award, we would like to meet with you to fully understand the City’s Return-to-Work Program so that we can most effectively interface. Although we have extensive experience with various Return-to-Work programs, we recognize that each program is designed slightly differently, and want to ensure we design our workflows to interface seamlessly with the City.

 The City may amend requirements as needed, with 30 days written notice to claims administrator. These requirements will become part of the City’s contract with the selected bidder. the City may conduct claims performance audits to me asure TPA performance and compliance with claims administration standards and requirements.

LWP expects the program and requirements to evolve over time. We are always happy to revise our special handling protocols to accommodate the City ’s changing needs. We also welcome audits and feedback at any time.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

This page left blank intentionally

Response to RFP – City of Gardena

Revision Date – September 1, 2022

10 Claim Staffing expectations and Claim Handling Philosophies

 The City desires a dedicated senior claim examiner for its program in order to foster a partnership approach to its workers’ compensation program. Senior examiner(s) must have at least 5 years of California public sector claim adjusting experience and poss ess a valid California Self-Insurer certification from OSIP

LWP assigns dedicated teams to our client accounts. This allows the teams to become very familiar with the caseload and their clients special handling instructions. Upon contract award, we will identify fully qualified candidates for City to consider. We are happy to arrange for interviews if there is interest.

 Staffing – the City’s objective is to secure a proactive claims management service to ensure that its claims are managed actively and resolved promptly. Examiner(s) assigned to handle indemnity claims for the Gardena program must have a minimum of five yea rs’ experience handling public entity Workers’ Compensation claims including LC4850 and presumption claims. Supervisors assigned to Gardena claims must have a minimum of 5 years experience supervising Workers’ Compensation claims and possess a OSIP Certificate. The City maintains the right to interview and review evidence of work experience of all personnel to be assigned to its account and to approve such personnel. The City desires dedicated claims personnel to facilitate a partnership approach to program management. the City recognizes its service requirements may be higher than that of other customers and in recognition of the higher service burden seeks to keep its examiner caseload to a maximum level of 120 open indemnity claims (including FM cases). Medical-only examiner(s) assigned to the City should have no more than 180 MO cases in total.

At LWP, we recognize that identifying the right staff for any particular client is part art, part science.

LWP takes very seriously the process of matching the proper Examiner with the client. We consider

 Client culture and objectives
 Relevant experience
 Examiner’s caseload (both new loss volume and pending)  Feedback from the client

We expect to utilize the following staffing model:

Response to RFP – City of Gardena

Revision Date – September 1, 2022

Identifying Staff for the City of Gardena : It would be disingenuous to suggest that hiring and retaining talented future employees is an easy task. It is, in fact, the most difficult challenge we face.

While there is always a stream of candidates in the marketplace, the pool of high -quality prospects is much more limited. And every`` TPA and Insurance Carrier is looking for good people.

We have identified David Bomberger as the Claims Manager/Account Manager. David served 19 years as the manager of the self- administered program at the City of Santa Monica before joining LWP in early 2020. His depth of experience in support of cities makes him an ideal “fit” for the City of Gardena. He understands the ins and outs of workers’ compensation issues in municipalities.

In his role, he will ensure t hat our programs and protocols meet the City’s needs and are followed.

He will attend all claim reviews, City meetings, will present cases to the City Council , if that is of interest, and will provide training and stewardship to the City staff. David has unlimited authority to resolve issues on LWP’s behalf.

We further offer Amber Davis to serve as transition/implementation manager for the City. Amber is a very experienced manager at LWP who offers a wealth of experience in transitions and implementations of municipalities, in particular.

LWP will identify candidates for the positions and make them available for the City to interview, if there is interest.
 Identify your proposed manager and supervisor and their experience and expertise and the proposed adjusting claim office.

We have identified David Bomberger as the Account Manager/Claims Manager. David manages our Southern California staff and serves as Account Manager for the clients that his teams support. David is also based in our Glendale office, which will serve as the adjusting office.

 If workloads increase or decrease over the life of the Service agreement, propose how your company would meet the increased/decreased staffing needs. the City will require pre- approval of any examiner or supervisor to be assigned to its account.

Proposed Staffing

1 Account Manager – partially dedicated
1 Claims Supervisor – partially dedicated
1 Sr. Claims Examiner partially dedicated
1 MO/Future Medical Examiner - partially dedicated
1 Claims Assistant – partially dedicated

Additional support (to include mail room, scanning, check printing, bill payment, trust fund replenishment and balancing and loss reporting) will be provided by our Centralized Services Team)

Response to RFP – City of Gardena

Revision Date – September 1, 2022

Should be workload increase or decrease, we are happy to reevaluate both staffing and corresponding pricing.

LWP never assigns an examiner or supervisor without the client’s approval and would not make any changes without that approval.

 Disclose the examiner/supervisor turnover ratio in the last 3 years.

Voluntary examiner turnover for the last three years has been 7%. It is very rare for a supervisor to leave LWP. There has been one over the last three years who moved out of State – bringing supervisor turnover to 9%.

 Describe your staffing back up plan in cases when the team is not available. Describe any flex time scheduling that is available.

We use a buddy system to provide seamless backup for all examiners. Examiners are paired based on complimentary work schedules and similarity of caseload. In staffing the City unit, we will ensure that all staff schedules (including PTO) are arranged to ensure at least one member of the unit is available to City on every business day throughout the term of our relationship.

 Describe your index bureau process and what are the adjuster’s requirements to follow up on index bureau’s ‘hits’?

We maintain a two-way electronic interface with Verisk (ISO), ensuring initial indexing of all claims and regular follow ups on open Indemnity claims. Barring a specific set of protocols established by our client, we recommend reindexing all open indemnity claims every six months in order to determine whether any intervening accidents or claims have been filed.

ISO reports are automatically uploaded into our claims system and appear in the examiner’s incoming mail queue with a “needs review” flag. That flag remains active until the examiner reviews the reports, acts on the results and resets the flag. Supervisors then monitor flagged mail to ensure it has been timely and properly addressed.

 Describe your process for detecting duplicate medical bills.

LWP does not charge for review of duplicate bills, and/or duplicate line items.

We do very thorough screening before payments are issued to ensure we avoid duplicate payments.

Our process includes:

1- The bill review system identifies any duplicate cha rges (by line) and reduces the recommended payment to “$0” at no charge.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

2- LWP then does an additional check in our Check Validation system, checking for prior payments on the claim that match each provider, bill date, and procedure code for each bill that is not recognized as a duplicate by the bill review software. 3- Any items identified in this Queue are checked by our trained payment specialists. They will check all potential duplicate payments that our system has identified before releasing any payments.
4- Finally, our claims system requires a final duplicate check before check is printed, to ensure no payment has been made in the time between the “semi -final” duplicate verification and the final check print.

As part of our internal self- audit process, we also produce reports of potential duplicates to check payments that were actually issued, doing one last check for duplicates.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

11 Risk Management Information System (RMIS)

Indicate the number of user access that are included in your proposal and the associated fees for that access, if any. Please describe your systems capabilities around

 claim system with access to view claim adjuster and supervisor notes, generate loss runs or other pre-scheduled or adhoc loss management/claim reports.

LWP utilizes Origami Risk, a modern, browser-based Risk Management Information System for both Claims Adjusting, Document Management and for reporting and client interface. Origami is a highly secure, highly configurable system t hat offers LWP and our clients access to state of the art technology, and secure and flexible reporting capabilities. Because all customization is done through configuration, Origami is able to deliver a full complement of enhancements every eight weeks th at are automatically incorporated into LWP’s platform without any need for custom development. Our ability to respond quickly to customer needs is something that we pride ourselves on and Origami Risk is an intuitive, configurable platform that allows us to retain that focus.

LWP offers clients access to the Origami system, allowing the client to do the following:

 Report claims to LWP online
 View a customized dashboard
with metrics relevant to the
client
 View individual claims details
(including financials and
adjuster notes)
 Run reports

Not only does LWP have a significant selection of reports available to all clients, we offer the unique ability to work with you and develop custom reports that meet your exact needs. The City will have access to our very experienced data analyst who will be able to meet all reporting requirements.

Sample reports are included as Addendum D.

 Provide RMIS technical support for questions, problems or development of customized reporting.

LWP offers three-pronged technical support for our clients and staff. This includes:

• Internal IT and analytics team that can respond to questions and develop customized reports.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

• External IT services partner that manages our helpdesk, networks, and systems maintenance
• Origami Risk team that is available to assist with any system-related development or troubleshooting

All are available to assist City, if/when necessary.

 Quality control program to ensure data integrity and claimant confidentiality. Any RMIS problems will be resolved within 24 hours or less. Please provide a list of occupation codes, injury codes and payment type codes.

The Origami claims system allows LWP to control access to data very incrementally. We can control access to documents and notepad entries by “type”. This allows us to protect confidentiality yet use the electronic system effectively to route appropriate information to various stakeholders, as necessary.

As for data security and business continuity, our servers are all housed at Surewest in Sacramento, giving us the physical security and temperature control of a federally supervised TelCo company.

Our backups are done continuously using a disk-to-disk-to-cloud strategy. All Origami data is stored in the cloud, with Origami also maintaining full redundancy through a remotely located hot-site that can maintain all systems and data in the event of an outage at the main location. All LWP files (other than Claims data maintained in Origami) are encrypted and back up nightly to the cloud, using Nasuni software to back up to the Amazon cloud. Amazon maintains backups in 4 redundant geographic locations to ensure no natural disaster can prevent accessibility. Cloud backups are 256bit AES encrypted with the encryption keys securely stored in multiple locations for redundancy. Backup can be accomplished remotely from any location so long as the program has the security keys.

As for redundancy, all servers are virtualized, allowing us to move instances from one server to another from any location.

Emergency backup is tested regularly, with our IT staff verifying that they can back up remotely from the cloud versions.

Any RMIS issues will be resolved within 24 hours.

We do not maintain occupation code tables, as have the quality of information better when the user can enter the occupation name. We’ve attached payment and injury codes as Addendum E , all of which are compatible with your insurance carrier’s data requirement.

 Image system to scan all documents received pertaining to the case.

LWP has operated in a paperless environment since 2008. Origami Risk’s fully integrated platform allows LWP to manage all claims processes without creating or maintaining any paper whatsoever. We maintain several levels of redundant storage and have built in

Response to RFP – City of Gardena

Revision Date – September 1, 2022

tracking systems so that documents can always be found and tracked. Our guiding principles in the development of our customized portal were:

 We must be able to account for ALL mail, with nothing ever being lost or permanently deleted
 Examiners should not do clerical work (including indexing)  Mail must be easily identifiable with meaningful labels, rather than document numbers
 Naming conventions are critical to allow similar items to be sorted and grouped  We must be able to manage mail to know what mail has been read and “worked”  We must have management reports available to track mail management  Bill approval must be stamped right on the image to validate that the Examiner approved the bill PRIOR to sending to bill review

Documents are scanned on the day received, uploaded and labeled that night (except for faxes which are uploaded and labeled throughout the day). They are available for the Examiner to see in the morning, already attached to the claim and labeled. Each new document is flagged “needs review” until the Examiner reviews the document and removes the flag.

LWP will assume responsibility for any hard copy historical files at the time of takeover.

This can be done by tr ansferring files to a storage site used by LWP or assumption of file storage already in place in some cases.

 Describe your system security protocols to protect client and employee data, including but not limited to; security audits, protected by intrusion prevention and intrusion detection systems, communications of any claimant’s personal information or personal health information is protected (i.e. monitoring of email and internet traffic, encrypted email, access restricted by user ID and password, or other similar security methods).

We recognize that we are responsible for the security or any and all data in our possession.

In choosing Origami Risk, LWP has chosen a platform with the highest level of focus on Security. We offer their security statements in their own words: With a web application such as Origami Risk, there are several fronts that must be managed in order to help ensure that data is secure. One of the major focuses for Origami Risk is within the application itself. Origami Risk takes a number of steps to help ensure application security, including:

• Penetration Testing – Origami Risk conducts regular testing to help ensure that the defenses employed in the application and environment are sufficiently keeping up with vulnerabilities that could be exploited to compromise our clients’ data. • Vulnerability Assessment – Origami Risk uses state -of-the-art tools to regularly perform scans for vulnerabilities within its information system and client applications. • User Security – Origami Risk’s role-based security provides clients the ability to manage their users’ access and capabilities down to the field level. In addition, Origami Risk is built to

Response to RFP – City of Gardena

Revision Date – September 1, 2022

accommodate Single Sign-On authentication, allowing clients to authenticate their users to specific roles through their own network.
• Encryption helps ensure that Origami Risk’s client data is protected from unauthorized access at all times. All data is encrypted in transit and at rest within Origami’s Amazon Web Services Elastic Cloud environment and all Origami Risk databases use file-level encryption.

In addition, all web traffic is encrypted using Transport Layer Security (TLS). • Intrusion Detection and Prevention tools are also utilized to establish a security perimeter that provides Origami Risk with real -time alerts of s uspicious activities and traffic that are indications of an active or attempted compromise.

Data Center Security

Origami Risk’s servers are housed in the Amazon Web Services Elastic Cloud environment. Amazon Web Services Elastic Cloud maintains several d ata centers with the highest standards in data security. Amazon Web Services Elastic Cloud data centers are housed in nondescript facilities that have extensive setback and military grade perimeter control berms, as well as other natural boundary protectio n. Physical access is strictly controlled both at the perimeter and at building ingress points by professional security standards utilizing video surveillance, state -of-the-art intrusion detection systems, and other electronic means. Authorized personnel must pass two-factor authentication no fewer than three times to access data center floors. All visitors and contractors are required to present identification and are signed in and continually escorted by authorized staff.

Amazon also provides environment al controls in its data centers to assure the proper working condition of its systems, including fire prevention/suppression, power management, and temperature controls.

Origami Risk utilizes Amazon regions that are confined to the United States. Data mai ntained by Origami Risk is kept in these regions and will not be moved to offshore regions.

Compliance

Origami Risk maintains compliance with the following standards, attesting to our commitment to provide world-class security:

 SOC 2 is a reporting framework created by the American Institute of Certified Public Accountants (AICPA) that assesses the controls of service companies such as Origami Risk.

Origami Risk’s SOC 2 report, prepared pursuant to an independent third-party examination, demonstrates how Origami Risk achieves compliance with important controls related to security and confidentiality. Origami Risk’s SOC 2 report contains a description of its controls environment and an external audit of its controls that meet the AICPA Trust Services Security and Confidentiality Principles and Criteria. Origami Risk’s service is audited under this framework on an annual basis by an accredited firm.
 FISMA – Origami Risk is compliant with security controls based on NIST 800 -53 Revision 4 and has received Federal Information Security Management Act (FISMA) Moderate System Authorization and Accreditation. In addition, the Origami Risk service has received Authorization to Operate (ATO) by a federal authorizing agency.  HIPAA Security Rule – Compliance with NIST 800-53 allows Origami Risk, by way of existing security controls, to meet security requirements established by the HIPAA Security Rule in

Response to RFP – City of Gardena

Revision Date – September 1, 2022

accordance with NIST SP800- 66, “An Introductory Resource Guide for Implementing the HIPAA Security Rule”.
 EU-U.S. and Swiss -U.S. Privacy Shield – Privacy Shield is a framework designed by the U.S.

Department of Commerce and European Union member countries and Switzerland to provide companies with a mechanism to comply with EU and Swiss data protect ion requirements when transferring personal data from the European Union and Switzerland to the United States. Origami Risk has joined the Privacy Shield Framework and has self - certified to the U.S. Department of Commerce that it agrees to adhere to the Pr ivacy Shield Principles. Evidence of this certification is available at https://www.privacyshield.gov/.  EU General Data Protection Regulation (GDPR) – The GDPR is a comprehensive data protection law in the European Union (EU) that will become effective on May 25, 2018.

Origami Risk is committed to GDPR compliance when enforcement begins and is dedicated to helping customers comply with the GDPR with regard to the Origami Risk service, which includes providing G DPR-related assurances in Origami Risk’s contractual commitments.

Additionally, Amazon Web Services (AWS) – the cloud computing environment for Origami Risk – has announced that it will comply with the GDPR when the regulation becomes enforceable.”

In addition to Origami’s security measures, LWP takes many actions to prevent data breaches and maintain information security. Among these are:

 Maintaining secure, separate sub -nets via our firewalls that restrict of who can access our systems as part of our perimeter defense against data breaches  intrusion detection
 Anti - virus and malware software on all machines
 Laptop access is restricted to company officers and those individuals authorized by CEO  Removal of all SSN’s from standard and ad-hoc reports  Encryption of all data feeds and transmittal via a secure mode (typically sFtp)  Enforcement of password complexity and change policies  Restrictions on who can set up accounts and requirements about documentation of approval for access and authorization
 No single sign -on into our systems - we maintain separate logins for the firewall (VPN) networks and claims system
 Ensuring all remote access only over secure connections  Encryption of claims data and documents in storage
 Access to the data center restricted to only 4 individuals  Servers maintained in a secure, Teleco data center
 Restrictions on what software can be loaded on corporate machines  Periodic audit of access and access attempts

 Describe your disaster recovery plan to ensure continuation of your claims management and risk management information system in the event of disaster or system compromise.

LWP maintains a disaster recovery plan that is tested regularly. This includes testing our ability to restore data from a backup copy using offsite equipment.

As for data security and business continuity, our servers are all housed at Surewest in Sacramento, giving us the physical security and temperature control of a federally supervised TelCo company.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

Our backups are done continuously using a disk-to-disk-to-cloud strategy. All Origami data is stored in the cloud, with Origami also maintaining full redundancy through a remotely located hot-site that can maintain all systems and data in the event of an outage at the main location. All LWP files (other than Claims data maintained in Origami) are encrypted and backed up nightly to the cloud, using Nasuni software to back up to the Amazon cloud. Amazon maintains backups in 4 redundant geographic locations to ensure no natural disaster can prevent accessibility. Cloud backups are 256bit AES encrypted with the encryption keys securely stored in multiple locations for redundancy.

Backup can be accomp lished remotely from any location so long as the program has the security keys.

As for redundancy, all servers are virtualized, allowing us to move instances from one server to another from any location.

Emergency backup is tested regularly, with our IT staff verifying that they can back up remotely from the cloud versions.

 What standard reports are provided within your service fee? Describe them in detail and provide sample reports.

All reports, both standard and custom are included in our services fee. At LWP we believe that access to results is an important tool in the ability of the City to efficiently monitor claim development.

While we have included a sample of our most often requested reports as Addendum D – we will work with the City to develop all reports that would be considered helpful at no additional cost.

Reports are scheduled for automatic distribution on a schedule determined by the City.

 What type of customized re ports are available, any fees charged for customization and provide a few samples of these customized reports.

As noted above, we maintain significant flexibility in our offerings. Upon contract award, we would like to understand which reports are needed and wanted by the agency. If there is a particular report that we do not currently have, we will build it.

We do not charge for report development.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

12 Pricing

Based on the staffing model described in section 10 above, please provide a 3-year quote delineated by an annual fee for each of the three years. Include pricing for two one- year extensions beyond the initial three years for a total of five years. Including a quote does not obligate the City to consider an extension. If more than one pricing alternative is available, describe in detail each option.

Proposed Pricing
Claims Administration - Life of Contract Claims Administration and Managed Care Annual Claims Fee
Year 1 – November 1, 2022 – October 31, 2023

$248,000
Year 2 – November 1, 2023 – October 31, 2024

$255,440
Year 3 - November 1, 2024- October 31,2025

$263,103
Optional Year 4 - November 1,2025-October 31, 2026

$270,996
Optional Year 5 - November 1, 2026-October 31,2027

$279,126
Services will be billed monthly at 1/12th of annual fee.

Services Included in Claims Administration Fee
Claims Administration Designated Account Manager
Claim Review Meetings Litigation Management
Swat Team Claim Intake Reporting to Excess Reinsurer
Additional Services
Annual Administration Fee $2,500 *revised 9/1/22
Bank Charges (Does not include outgoing ACH) Included
Storage Fees Included
On-Line 5020 Reporting Included
Loss Reports Included
On-Line System Access - up to 4 users Included - $250 per year per user in excess of 4 users
Trust Accounting Included
Preparation and filing of 1099's Included
Preparation of SIP reports Included
FROI/SROI Reporting Included
Medicare Reporting Included
Ebill Included
Transition Services

Response to RFP – City of Gardena

Revision Date – September 1, 2022

Data Intake $5,000 *revised 9/1/22
Claims Triage No Charge
Bill Review Fee
Standard Medical Bill Review Fee Schedule
Reductions
$8.50 per bill plus PPO Reduction
Inpatient or outpatient hospital or surgery
center
$300 per bill plus PPO Reduction

PPO Reduction 24% of Reduction below Fee Schedule for all network except Anthem
Anthem - 27% of Reduction below Fee
Schedule
Bills not subject to Fee Schedule 24% of Reduction

Managed Care Programs
Case Management
Telephonic Case Management $105 per hour
Field Case Management $108 per hour + incidentals (including mileage, phone, tolls, parking, etc.)
Utilization Review
Adjuster Review No Charge
Tier 1 - Nurse Review $120 Flat Fee
Includes 3 medical request in a single review, set up, phone calls to physician, email notices to adjuster and letters to all parties including network providers. Fee applies to reviews approved by nurse or escalated to physician.

Tier 2 - Physician Review $235 plus nurse charge
Includes 3 medical request in a single review.

Pharmacy Review $385 plus nurse charge
Includes unlimited medical request in a single review.

Medical Provider Network Access (LWP Network)
PPO fee for savings below fee schedule and negotiations 24% There is no separate charge for medical provider access to LWP's proprietary network. Percentage of savings below fee schedule is the only charge.

Specialized Network Access (bill review charges do not apply) Durable Medical Goods $5 per bill network access fee
Expedited Diagnostic Testing $5 per bill network access fee Physical Therapy Network $5 per bill network access fee Pharmacy Benefit Network $5 per bill network access fee These charges apply only if LWP's programs are utilized.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

Other Services Fee
Investigation
Field Investigation $88 per hour
SIU related work $98 per hour

Indexing
Index and OFAC Reporting (ISO Fee passed through) $11.55 per report (2022 fee - reviewed annually)
Subrogation
Subrogation 15% of gross recovery
Fee shall not apply to cases where file is referred to subrogation attorney for handling, and shall apply only to cases where recovery is negotiated by LWP staff. Fee shall still apply to cases where counsel is employed ONLY to draft releases, but where LWP did all negotiations.

Lien Resolution
Liens negotiated by LWP Staff 15% of reduction
Charge does not apply to liens negotiated by defense counsel. Additional fees that may be incurred for liens negotiated directly by defense counsel will be charged to the file as an expense. Charge does not apply to liens that are negotiated as a result of a dispute over a fee schedule and/or a PPO reduction.

LWP makes every effort not to change pricing. Pricing guarantee for 18 months. Price subject to increase thereafter with advance notice.

Response to RFP – City of Gardena

Revision Date – September 1, 2022

This page left blank intentionally

Response to RFP – City of Gardena

Revision Date – September 1, 2022

13 Ancillary Services

Complete the following table and identify the associated fees and service providers. If the service is included in the quoted claims administration fee in Section 12 above, indicate this by placing “Included” in the Fee field of the table below. Describe any products or services not specifically associated with staffing model for which there is an additional charge or that you intend to charge to the claim files as ALAE.

Program Component Service Provider Subsidiary/
Affiliate of

TPA (Y/N)
Fee (explain if fee is
per case, per year,
per bill, etc.)
MPN Signature
Networks Plus
No 24% of Reduction below Fee
Schedule
Index/Edex Verisk (ISO) No $11.55 per report (2022 fee - reviewed annually)
Physician Peer Review Genex No $235 plus nurse charge
RX review/Pharmacy

Genex No $385 plus nurse charge
Nurse Case Management Genex No TCM $102 per hour
FCM $108 per hour +

UR Provider Genex No $120 flat fee for nurse
review
Bill Review Provider accuro No $8.50 per bill plus PPO
Reduction
Other Services not listed Various Listed above

Response to RFP – City of Gardena

Revision Date – September 1, 2022

This page left blank intentionally

Response to RFP – City of Gardena

Revision Date – September 1, 2022

14 Workers’ Compensation Trust Fund

Please describe your internal process for reconciling the trust fund, securing and crediting recovery payments (whether subrogation recovery, excess or overpayments, etc.).

At LWP, we recognize that each client has unique banking needs and preferences. We have experience working with clients who choose a variety of banking arrangements, including:
• zero Balance accounts
• trust accounts maintained by LWP
• accounts maintained by our clients

Account set up is also flexible. The account can be set up in the following manners:
• City, administered by LWP Claims Solutions
• LWP Claims Solutions, in trust for City
• or any language that meets City’s needs

Upon contract award, we will meet with City’s banking team to determine your exact specifications. We do not set out specifications, but rather adapt to the client’s needs and preferences.

Banking Services: LWP has a dedicated banking team that is always available to City. They can provide any reporting needed, both scheduled and ad hoc. They regularly reconcile accounts (by the 15th of each month, unless required earlier by a client), analyze the funding adequacy, provide historical reporting as well as recommendations and support. City can modify your banking arrangements at any time.

We routinely provide check st ock, manage replenishments, build and manage two -way positive pay feeds to various banks, and provide all accounting and reconciliations. We can provide both standard and customized reports to meet City’s accounting needs.

What check and financial securit y procedures are in place to protect against misappropriation of funds, insure check and payment security and to verify and validate vendors and other payees?

LWP takes very seriously our responsibility for financial integrity. Among the many actions we t ake to ensure quality and fiscal integrity are:
• Reconciliation of accounts every month
• Implementation of positive pay for client checking accounts • Careful separation of duties to limit the opportunity for fraud • Automated duplicate checks on payments even on bills that have been through bill review • Supervisory oversight of reserving including automated safeguards on the amount of reserve changes including client involvement on large transactions • Adjuster approval of all bills prior to payment or bill review with extensive audit trails • Extensive management reports on system access, roles, and authorities • Automated data integrity checks in both medical and straight pay • Double-blind keying of straight pay bills
• Payment checks on medical bills

Response to RFP – City of Gardena

Revision Date – September 1, 2022

• Vendor W-9 setup by two individuals with no ability to make payments • Validation of tax ids against the IRS database
• All client data feeds are cross checked against loss runs at specified time intervals

Choosing a Bank: LWP is happy to recommend a bank or work with a bank of City ’s choosing. When asked to make a recommendation, LWP routinely recommends Wells Fargo or Chase Bank. For these banks (and some others) we already maintain Positive Pay feeds.

Should City select a bank with which LWP does not currently have a fully automated positive pay feed, we will build one at no cost to City. LWP couples this with daily reconcilement to ensure that in clearing items match the items issued by LWP. Positive Pay allows LWP and the client to:
• Identify unauthorized transactions including counterfeit or altered checks before final payment • Effectively monitor bank balances and funding requirements by monitoring issued checks daily • Reduce the risk of over-the-counter encashment of unauthorized items • Gain complete, customized control over the check disbursement process

Replenishments: The method and timing of replenishments is flexible to meet the client’s needs.

Replenishments can be on a set schedule (ie. monthly or semi -monthly) or can be “as needed” (being triggered by an agreed threshold in the bank’s balance. Upon contract award, we will work with you to determine a mutually agreed funding amount. Generally, this is 1.5 the anticipated monthly loss payments. As the program develops, we will work with you to fine tune the deposi t thresholds, based upon claims and payment volume as well as the special funds limit (a threshold set for individual funding of large payments.) Deposits for replenishment can be made by ACH, wire, or over the counter by our operations staff if City prefers to send checks.

Do you have internal controls over authority levels for check approval, issuance, etc.? Please describe.

LWP’s claim system includes internal controls establishing authority levels for many individual tasks.

Levels are reviewed regularly and established based on experience and time with LWP.

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 12.A
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: September 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

URGENCY ORDINANCE NO
. 1843
, An Urgency Ordinance of the City
Council of the City of Gardena, California, Establishing a Temporary Moratorium on Short- Term Rental. The Urgency Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to the commonsense exemption set forth in Guidelines section 15061(b)(3).

COUNCIL ACTION REQUIRED:

Staff Recommendation: Adopt Urgency Ordinance No. 1843, by way of a four-fifths vote
RECOMMENDATION AND STAFF SUMMARY:

On August 9, 2022, the City Council discussed various policy options for short term rentals and heard concerns from the public on potential loss of neighborhood character and challenges with enforcement. The Council also had concerns on the adverse impacts to noise, trash, crime, traffic, and parking these uses would have to the residential neighborhoods. The Council then directed staff to draft an ordinance prohibiting all short term rentals within the residential zones. At the same meeting Mayor Pro Tem Francis made a directive to place a moratorium immediately prohibiting all short-term rentals. The directive was seconded by Council Member Henderson.

On September 6, 2022 the Planning Commission of the City of Gardena held a duly noticed public hearing on an amendment to the Zoning Code which would prohibit all short-term rentals in the City after which the Commission adopted Resolution No. 11-22, recommending that the City Council adopt the Ordinance. This Ordinance is expected to go before the City Council on September 27, 2022.

However, in order to protect the public health, safety and welfare from adverse impacts of short-term lodging rentals and make clear that other short-term rentals of residential properties are prohibited, a urgency ordinance will need be adopted until such time a permanent ordinance can take effect.

Urgency Ordinance No, 1843 would place a temporary moratorium on all short term rentals within the residential zones in the City. If adopted the ordinance will take effect immediately and will remain in effect forty-five days from the date of adoption. The urgency ordinance will allow for any short-term rental lodging reservation that was made prior to September 13, 2022 and commences before October 31, 2022 to take place provided that the owner of the residence can show proof of the date of the reservation.

FINANCIAL IMPACT/COST:

None.

ATTACHMENTS:

Urgency Ordinance No. 1843.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
1 URGENCY ORDINANCE NO. 1843

An Urgency Ordinance of the City Council of the city of Gardena, California, Establishing a Temporary Moratorium on Short-Term Rentals

WHEREAS, Government Code section 65858 provides that the City Council, to protect public health, safety, and welfare, may adopt as an urgency measure an interim ordinance prohibiting certain uses while the City studies those uses; and

WHEREAS, short-term rentals of residences for lodging purposes and short term rentals of residences for other commercial uses are not listed as allowed uses under the Gardena Municipal Code; and

WHEREAS, based on the recent case of Keen v. City of Manhattan Beach (2022) 77 Cal.App.5th 142, cities may no longer rely on permissive zoning to exclude short-term rentals; and

WHEREAS, Gardena has already seen the establishment of short-term rentals in the City and has received a number of inquiries about the legality of having a short- term rental in the City; and

WHEREAS, the desire to operate short-term rentals is expected to increase due to the proximity of Gardena to SoFi Stadium; and

WHEREAS, the City Council has become aware that people are using their private residences for commercial enterprises such as renting the house or backyard out for events; and

WHEREAS, the City Council has become aware of new platforms that allows people to rent out their pools by the hours; and

WHEREAS, short -term rentals for lodging and other uses have deleterious impacts by increasing noise and traffic, creating parking problems, changing the character of a residential neighborhood, and with the case of housing - creating an impact on housing supply; and

WHEREAS, on September 6, 2022 the Planning Commission of the City of Gardena held a duly noticed public hearing on an amendment to the Zoning Code which would prohi bit all short -term rentals in the City after which the Planning Commission adopted Resolution No. 11-22, recommending that the City Council adopt the Ordinance; and

WHEREAS, the City Council would like to immediately prohibit short -term residential rentals in order to protect the public health, safety and welfare from the 2 impacts listed above on short -term lodging rentals and make clear that other short - term rentals of residential properties are prohibited until such time as it considers a permanent ordinance and if adopted, such ordinance takes effect; and

NOW, THEREFORE, the City Council of the City of Gardena does ordain as follows:

SECTION 1. That the above recitals are true and correct and are adopted as the City Council's findings.

SECTION 2 . In order to protect the public health, safety and welfare of the community and pursuant to the provisions of Government Code section 65858, a moratorium is hereby established prohibiting all short-term rentals as defined herein.

SECTION 3. Definitions.

“Short-term lodging rental” means a residential dwelling unit, or portion thereof, that is offered or provided to a paying guest(s) for thirty (30) of fewer consecutive nights.

The term “short -term rental lodging” shall not include hotels, motels, inns or bed and breakfast inns.

“Short-term day-use rental” means a residential unit, or portion thereof, including any amenity on the premises, that is offered or provided to paying guest(s) for h ourly or daily use. Short-term rental day use shall not include the use of any residential unit for which a film permit has been obtained in accordance with Chapter 5.36.

SECTION 4. Prohibition.

A. All short-term rentals are hereby immediately prohibited in the City.

B. Notwithstanding the above, any short -term rental lodging reservation that was made prior to September 13, 2022 and commences before October 31, 2022 may be allowed to take place provided that the owner of the residence can show proof of the date of the reservation.

SECTION 5. This ordinance is declared to be an urgency measure and interim ordinance adopted pursuant to the provisions of Government Code section 65858.

As set forth in the findings above, this ordinance is necessary for preserving the public health, safety and welfare of the community. Accordingly, upon adoption by a four- fifths vote of the City Council, this ordinance shall take effect immediately.

SECTION 6. That this ordinance is adopted by at least a 4/5 vote of the City Council.

SECTION 7. This ordinance shall take effect immediately and be of no further 3 force or effect upon the expiration of forty-five (45) days from the date of adoption, unless extended in accordance with California Government section 65858.

SECTION 8. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9. The City Clerk shall cause this ordinance to be published as required by law.

SE CTION 10. The City Council finds that, regarding the California Environmental Quality Act (CEQA), there is no possibility that the adoption of this ordinance may have a significant adverse effect on the environment (CEQA Guideline section 15061 (b)(3)).

P
ASSED AND ADOPTED by the City Council of the City of Gardena , California at a regular meeting thereof held on September 13, 2022.

Tasha Cerda, Mayor

ATTEST:

Mina Semenza, City Clerk

APPROVED AS TO FORM:

Carmen Vasquez, City Attorney

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 12.B
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: September 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Contract Building Services Agreement with BPR Consulting Group, Inc.to Provide Building Official and Other Building Related Inspection and Processing Services COUNCIL ACTION REQUIRED:

Staff Recommendation:

Staff respectfully recommends that Council approve an Agreement with BPR Consulting Group, Inc. and authorize a Purchase Order in the amount of $1,408,327 RECOMMENDATION AND STAFF SUMMARY:

One of the duties of the Community Development Department is to provide building services such as plan check, plan routing, permit processing, and inspection services. For the past year, the City has utilized BPR Consulting Group, Inc. (BPR Consulting) for these services.

Within the past year, building plan check services have improved turn-arounds for plan check reviews, and for inspection services, permit issuance processes have improved, and all associated fees are now being collected and tracked.

Staff recently held discussions with BPR Consulting on their performance and requested a review of the current percentage rate for plan check review services that are completed outside of City Hall.

Utilizing a percentage rate ensures that the cost for private plan check services would not exceed the permitting fees generated by the project, and allow for the remaining fees to be used toward the City’s in-house building division staffing costs associated with the project.

Large and complicated projects require a team of plan check staff in order to provide timely services and efficient turnaround times back to the applicant.

Because BPR Consulting was able to identify a lack of consistent collecting of building related service fees during the past year and have now corrected that process, they offered a lower percentage rate of the City’s plan check review fees and to provide plan check services for all City owned projects at no cost to the City.

The funds required for contracted building services with BPR Consulting have already been approved in the FY 2022/23 budget. Staff is requesting and recommending that a purchase order in the amount of $1,408,327 be approved.

FINANCIAL IMPACT/COST:

General Fund Budgeted Expenditures

FY

2022
-
2023
:

Hourly Bu
ilding

Offic
ial,

Permi
t
, Inspection

Services

-

$492,82
7 Estimat
ed

Off
-
site

Plan Check

Services
Fees
-

$915,500 (67% of $1,366,417.91 total
estimated plan check fee revenue- The difference of $ 450,917.91 would be added to General Fund Plan Check fee revenue)
Total Estimated BPR Expenditures for approval

=

$1,408,327
ATTACHMENTS:

Staff Report - BPR Building Services 2022.pdf
Attachment A - Agreement Including Proposal.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
City Council Meeting
Agenda Item No.:

Department: Community Development
Meeting Date: September 13, 2022
Contract Building Services Agreement

AGENDA STAFF REPORT

AGENDA TITLE: CONTRACT BUILDING SERVICES AGREEMENT WITH BPR CONSULTING GROUP, INC.TO PROVIDE BUILDING OFFICIAL AND

OTHER BUILDING RELATED INSPECTION AND PROCESSING

SERVICES

RECOMMENDATION:

Staff respectfully recommends that Council approve an Agreement with BPR Consulting Group, Inc. and authorize a Purchase Order in the amount of $1,408,327.

BACKGROUND:

One of the duties of the Community Development Department is to provide building services such as plan check, plan routing, permit processing, and inspection services. For many years, the City has utilized a combination of both private and in-house staffing to fulfill these duties. For the past year, the City has utilized BPR Consulting Group, Inc. (BPR Consulting) for these services and eliminated the previous practice of using 3 separate professional consulting service organizations to augment in-house staff.

DISCUSSION:

For the past year, staff has been very satisfied with the performance of BPR Consulting. Within the past year, building plan check services have improved from 2 to 3 month turn-arounds to 5 to 10 working day turn-arounds, inspection services have improved from 3 weeks out to at one point next day and currently 4 days out, permit issuance processes have improved, and all associated fees are now being collected and tracked.

Staff recently held discussions with BPR Consulting on their performance and requested a review of the current percentage rate of 75% for plan check review services that are completed outside of City Hall. Utilizing a percentage rate ensures that the cost for private plan check services would not exceed the permitting fees generated by the project, and allow for the remaining fees to be used toward the City’s in-house building division staffing costs associated with the project. Large and complicated projects require a team of plan check staff in order to provide timely services and efficient turnaround times back to the applicant. Because BPR Consulting was able to identify a lack of consistent collecting of building related service fees during the past year and have now corrected that process, they offered a lower percentage rate from 75% to 67% of the City’s plan check review fees (8% reduction) and to provide plan check services for all City owned projects at no cost to the City. The estimated savings to the City during FY 2022/23 based on not being charged for the Aquatic Center and potential smaller

park improvement projects throughout the fiscal year is approximately $80,000, and the estimated savings from the 8% reduction in plan check rate is approximately $90,000. These savings ultimately result in an increased amount of collected fees to pay for in-house building related services and lower project costs for the community.

The funds required for contracted building services with BPR Consulting have already been approved in the FY 2022/23 budget. Staff is requesting and recommending that a purchase order in the amount of $1,408,327 be approved.

LEGAL REVIEW:

The City Attorney’s Office has reviewed the attached agreement.

CONCLUSION:

Staff respectfully recommends that Council approve an Agreement with BPR Consulting Group, Inc. and authorize a Purchase Order in the amount of $1,408,327.

FISCAL IMPACT:

General Fund Budgeted Expenditures FY 2022-2023:

Hourly Building Official, Permit, Inspection Services - $492,827 Estimated Off-site Plan Check Services - $915,500 (67% of 1,366,417.91)

Total Estimated BPR Expenditures for approval = $1,408,327

Total Estimated Plan Check/Permit Fees to be Collected = $1,859,244

Submitted by: ___________________________________ Date: 9/13/2022

ATTACHMENTS

Attachment A – Agreement Including Proposal

Greg S. Tsujiuchi
1 AGREEMENT BETWEEN THE

THE CITY OF GARDENA
AND
BPR CONSULTING GROUP, INC.

TO PROVIDE BUILDING OFFICIAL AND OTHER PLAN

AND PERMIT PROCESSING SERVICES
This contract, hereinafter referred to as Agreement, is entered into this September 13, 2022, by and between entered into by and between THE CITY OF GARDENA (“City”) and BPR CONSULTING GROUP, INC., a California corporation (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree as follows:

1. Recitals.

A. City is desirous of obtaining services for building services which may include a Building Official, plan check services, plan routing/permit processing services , and inspection services.

B. Consultant employs individuals who are qualified by virtue of experience, training, education and expertise to provide these services.

C. City has determined that the public interest, convenience and necessity require the execution of this Agreement.

2. Services and Compensation.

A. The services to be performed by Consultant shall consist of professional building services as set forth in the attached Statement of Qualifications and Proposal , attached hereto as Exhibit A. In the event of any inconsistency between the terms of the Proposal and this Agreement, this Agreement shall govern. Contractor will provide qualified and experienced staff to serve in the following roles at the hourly rates specified on an as-needed basis, as requested by the City’s Contract Administrator.

B. For work completed at City Hall, work shall be billed at the following rates:

POSITION HOURLY RATE
ICC Certified Building Official $125
Licensed Plan Review Engineer $135
ICC Certified Plans Examiner $ 95
CASp Plans Examiner or Inspector $ 110
ICC Certified Sr. Inspector $ 95
ICC Certified Building Inspector $ 88
Fire Protection Engineer $135
ICC Fire Plans Examiner $ 95
ICC Fire Inspector $ 95
Routing/Permit Technician $ 65
2 C. For full plan review services completed outside of City Hall, Consultant shall be paid 67% of the City’s plan review fees set forth in t he City’s adopted fee schedule.

For structural only plan review services completed outside of City Hall, Consultant shall be paid 45% of the City’s plan review fees set forth in the City’s adopted fee schedule.

D. For plan review services of City owned public facility projects, Consultant shall perform the services at no cost to the City.

E. The Compensation is inclusive of all costs that may be incurred by Consultant in performance of the Services, including but not limited to such items as travel, copies, delivery charges, phone charges, and facsimile charges, unless otherwise noted. Notwithstanding the above, if any of Consultant’s employees are required to use their own vehicles in the course of providing inspection work for the City, the City shall pay the standard mileage rate per IRS guidelines for vehicle miles traveled in the course of said inspections.

F. The hourly rates set forth herein shall be valid for a minimum of one year from the date of execution of this Agreement . Consultant shall give City a minimum of thirty (30) days’ written notice before increasing these rates.

3. Additional Services. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”) . Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the amount agreed upon in writing by the Parties . No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.

4. Agreement Administrator. For purposes of this Agreement, City designates Greg Tsujiuchi, Community Development Director, as the Agreement Admini strator who shall monitor Consultant’s performance under this Agreement. All notices, invoices or other documents shall be addressed to the Agreement Administrator, as well as all substantive issues relating to this contract . City reserves the right to cha nge this designation upon written notice to Consultant.

5. Timing of Performance. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement . Consultant shall diligently and timely pursue and complete the performance of the Services required of it by this Agreement. Consultant shall not be liable for any failure or delay in furnishing proposed services resulting from fire, explosion, flood, storm, Act of God, governmental acts, orders or regulations, hostilities, civil disturbances, strikes, labor difficulties, difficulty in obtaining parts, supplies, or shipping facilities, inability to obtain or delays in obtaining suitable material or facilities required for performance, temporary unavailability of qualif ied personnel, failure by City to provide appropriate access to equipment or personnel, or other causes beyond Consultant’s reasonable control.
3 6. Term of Agreement/Termination.

A. This Agreement shall be in effect as of the date of execution by the City and shall remain in effect until terminated as provided for herein.

B. City may terminate this Agreement without cause by providing written notice to Consultant not less than three days prior to an effective termination date. City’s only obligation in the event of termination will be payment of fees and allowed expenses incurred up to and including the effective date of termination.

C. Unless for cause, Consultant may not terminate this Agreement . If Consultant is terminating this Agreement for cause, it must provide the City with thirty (30) days written notice.

D. Upon receipt of a termination notice, Consultant shall: (1) promptly discontinue all Services, unless the notice directs otherwise; and (2) within ten (10) days, deliver to City all files, data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the Services under this Agreement, whether completed or in progress .

Consultant shall provide these documents by both hard copy and in electronic format if available. In the even t of termination for other than cause attributable to Consultant, Consultant shall be entitled to reasonable compensation for the services it performs up to the date of termination and shall be deemed released from liability for any work assigned but not completed as of the effective date of termination.

7. Invoices and Payments.

A. Payment shall be made upon receipt and approval of invoices for Services rendered. In order for payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, direct and/or subcontract costs, and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced.

B. The Agreement Administrator shall review the invoices to determine whether services performed and documents submitted are consistent with this Agreement. Payment shall be made within forty -five (45) days following receipt of the invoice or the Agreement Administrator shall provide Consultant with a written statement objecting to the charges and stating the reasons therefore.

C. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

8. Records/Audit.

A. Consultant shall be responsible f or ensuring accuracy and propriety of all billings and shall maintain all supporting documentation for a minimum of three (3) years from the completion date of the Services under this agreement the following records:
4 1. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assure proper accounting for all funds;

2. Records which establish that Consultant and any subconsultant who renders Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations

3. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.

B. City shall have the right to audit Consultant’s invoices and all supporting documentation for purposes of compliance with this Agreement for a period of three years following the completion of Services under this Agreement.

C. Upon reasonable notice from City or any other governmental agency, Consultant shall cooperate fully with any audit of its billings conducted by, or of, City and shall permit access to its books, records and accounts as may be necessary to conduct such audits.

9. Successors and Assignment . This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

10. Change in Name, Ownership or Control . Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.

11. Key Personnel . City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City.

12. Use of Materials.

A. City shall make available to Consultant such materials from its files as may be required by Consultant to perform Services under this Agreement. Such materials shall remain the property of City while in Consultant’s possession. Upon termination of this Agreement and payment of outstanding invoices of Consultant, or completion of work under this Agreement, Consultant shall return to City any property of City in its possession and any calculations, notes, reports, electronic files, or other materials prepared by Consultant in the course of performance of this Agreement. 5 B. City may utilize any material prepared or work performed by Consultant pursuant to this Agreement, including computer software, in any manner, which City deems proper without additional compensation to Consultant. Consultant shall have no responsibility or liability for any revisions, changes, or corrections made by City, or any use or reuse pursuant to this paragraph unless Consultant accepts such responsibility in writing.

13. Nonuse of Intellectual Property of Third Parties. Consultant shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Consultant has a license.

Consultant shall indemnify and hold City harmless against all claims raised against City based upon allegations that Consultant has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual propert y developed by Consultant pursuant to this Agreement.

14. Ownership of Work Product . All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed worked made for hire for City by Consultant and shall be the sole property of City .

Consultant shall provide City with copies of these items upon demand, and in any event, upon termination of this Agreement.

15. Legal Requirements.

A. Consultant shall secure and maintain all licenses or permits required by law, including a City business license, and shall comply with all ordinances, laws, orders, rules, and regulations pertaining to the work.

B. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

C. Consultant covenants that thee shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry, or any other category forbidden by law in performance of this Agreement.

16. Conflict of Interest and Reporting.

A. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement . If required, Consultant shall 6 comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.

B. Consultant and its representatives shall refrain from lobbying City of Gardena officials, employees and representatives for the duration of this Agreement.

17. Guarantee and Warranty. Consultant warrants to City that the material, analysis, data, programs and SERVICES to be delivered or rendered hereunder will be of the kind and quality designated and will be performed by qualified personnel. Without waiver of City’s other rights or remedies, City may require Consultant to re -perform any of said services, which were not performed in accordance with these standards. Consultant shall perform the remedial services at its sole expense.

18. Insurance.

A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverage required in this Section. Consultant’s insurance shall comply with all items specified by this Agreement . Any subcontractors shall be subject to all of the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work . Alternatively, Consultant’s insurance may cover all subcontractors.

B. Insurance Company Requirements . All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A - :VII, unless otherwise approved by City.

C. Coverage, Limits and Policy Requirements . Consultant shall maintain the types of coverage and limits indicated below:

1. Commercial General Liability Insurance - a policy for occurrence coverage for bodily injury, personal injury and property damage, including all coverage provided by and to the extent afforded by Insurance Services Office Form CG 2010 ed. 10/93 or 11/85, with no special limitations affecting City . The limit for all coverage under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.

2. Commercial Auto Liability Insurance - a policy including all coverage provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City . The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.
7 3. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
a. The City, its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy. b. The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancellation, non-renewal or material change in coverage.
c. For any claims with respect to the Services covered by this Agreement, Consultant’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its elected and appointed officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.

4. Worker’s Compensation and Employer’s Liability Insurance - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim . The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

5. Professional Errors & Omissions - a policy with minimum limits of one million dollars ($1,000,000.00) per claim and aggregate. This policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled until thirty (30) days written notice, return receipt requested, is mailed to City.

D. Additional Requirements . The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder or to fulfill the indemnification provisions and requirements of this Agreement . There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

City shall notify Consultant in writing of changes in the insurance requirements . If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.

E. Deductibles. Any deductible or self -insured retention over $25,000 per occurrence must be declared to and approved by City . Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self-insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses. 8 F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements effecting coverage required by this Agreement.

The endorsements are to be signed by a person author ized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.

G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.

19. Indemnity.

A. Consultant assumes all risk of injury to its employees, agents, and contractors, including loss or damage to property.

B. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the negligent performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement . The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are s pecifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole or partial negligence or willful misconduct of the City . This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

C. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.

20. Independent Contractor. Consultant agrees to furnish consulting services in the capacity of an independent contractor and neither Consultant nor any of its employees 9 shall be considered to be an employee or agent of City.

21. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction and the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

22. Notices. Any notice or communication given under this Agreement shall be effective when deposited, postage prepaid, with the United States Postal Service and addressed to the contracting parties. Name, address, telephone and facsimile numbers of the parties are as follows:

City of Gardena:
1700 West 162nd Street
Gardena, California 90247-3732
Attn: Greg Tsujiuchi, Community Development Director
Telephone Number: (310) 217-9526
E-mail: [email protected]
Consultant: BPR Consulting Group, Inc.
2201 Francisco Drive, Suite 140-658
El Dorado Hills, California 95762
Attn: Ron Beehler, Director of Client Relations
Telephone Number: (916) 652-3600
E-mail: [email protected]
Either party may change the information to which notice or communication is to be sent by providing advance written notice to the other party.

23. Severability. If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

24. Jurisdiction and Venue. This Agreement shall be deemed a contract under the laws 10 of the State of California and for all purposes shall be interpreted in accordance with such laws. Both parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought hereunder shall be Los Angeles County, California.

25. Waiver. No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof or of such Party’s right thereafter to exercise or enforce each and every right and provision of this Agreement. To be valid a waiver shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.

26. Entire Agreement.

A. This writing contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties either written or oral relating to the subject matter hereof which are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without formal amendment thereto.

B. Notwithstanding the foregoing, and to realize the purpose of this Agreement, the Agreement Administrator may issue a written modification to the Scope of Work, if this modification will not require a change to any other term of this Agreement.

27. Joint Drafting. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other part y by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.

28. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.) . Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

29. Authority to Execute . The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

30. Attorney’s Fees. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties 11 agree that the prevailing party in the legal action sh all be entitled to recover attorney’s fees and court costs from the opposing party.

31. Section Headings. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.
12 IN WITNESS WHEREOF, the parties have hereunto affixed their names as of the day and year written below.

CITY OF GARDENA
By
Tasha Cerda, Mayor
Date

ATTEST:

___________________________
City Clerk

ACCEPTED: BPR CONSULTING GROUP, INC.

By ___ By
Ron Beehler, Director of Client Relations ____________________________ Date Date

APPROVED AS TO FORM:

CARMEN VASQUEZ, City Attorney

PROPOSAL TO PROVIDE

PLAN REVIEW AND BUILDING INSPECTION SERVICES

September 6, 2022

Exhibit A

BPR

Safe Buildings for Your Community
Efficient Professional Services

BPR

September 6, 2022

Mr. Greg Tsujiuchi
Community Development Director
City of Gardena
1700 W. 162nd Street
Gardena, California 90247
RE: Proposal to Provide Building Department Services

Dear Mr. Tsujiuchi,

Thank you for the opportunity to present this proposal to provide building department services to the City of Gardena. This proposal will provide you with a detailed overview of the building department services offered by BPR Consulting Group (BPR). We appreciate your time reviewing this Proposal, and we hope that we may continue to be of service to City of Gardena.

We appreciate the opportunity to have worked with you to improve the responsiveness of Building Department services over the past year and look forward to the op portunity to continue to improve the services that the department provides. Our talented staff of Building Officials, Licensed Engineers, Plans Examiners, Building Inspectors, and CASp experts have extensive experience providing all aspects of building department services to communities throughout California.

Utilizing our experience gained providing plan review services to the City over the past year we have a better understanding of the types, sizes, and complexity of projects processed by the Building Department and we are offering a rate reduction for plan review services performe d within our offices from the current 75% of plan review fee to 67% of plan review fee. As a value-added service to the City we are also proposing to provide plan review services for all city owned projects at no cost to the City.

We will continue to evaluate all of the Building Departments services, processes and procedures and work with City management to refine processes and to identify and eliminate inefficiencies. BPR Consulting Group’s certified and licensed staff of qualified professionals can assist the City with our shared goal of providing timely services for the development community, business owners and citizens, and to put systems in place to maintain service levels during periods of increased workload. California-based BPR Consulting Group is focused on supporting Cal ifornia communities by delivering high-quality building department services, tailored to our clients’ needs, with the goal of exceeding our clients’ expectations by:
▪ Providing all services in a cost-effective manner.
▪ Providing qualified and experienced per sonnel who can effectively communicate and explain relevant code requirements.
▪ Providing a high level of customer service to the City and the City’s applicants. ▪ Balancing the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency.

Please feel free to contact me at 916.204.3178 if you have any questions concerning our qualifications or the services we provide. We look forward to the opportunity to continue to work with you and the City of Gardena.

BPR

Sincerely,

BPR CONSULTING GROUP

Ron Beehler, SE, CBO
Director of Client Services

BPR

TABLE OF CONTENTS

S E C T I O N 1

COMPANY OVERVIEW
S E C T I O N 2

QUALIFICATIONS AND EXPERIENCE
S E C T I O N 3

BUILDING SAFETY TECHNICAL CAPABILITIES
S E C T I O N 4

FEE PROPOSAL

BPR

SECTION 1

COMPANY OVERVIEW
Seamlessly integrating municipal service professionals in support of public agencies is BPR Consulting Group’s sole purpose. BPR was founded by individuals with a long history of serving municipalities and public agencies throughout California and Nevada . We have extensive experience in all aspects of building safety, including building official, plan review, inspection and routing technician services. We have worked with public agencies throughout California to provide these same services in a transparent, efficient and cost-effective manner.

Our Building Safety Division consists of the following: California licensed structural, civil, mechanical, electrical and fire protection engineers ; Certified Access Specialist (CASp) professionals; ICC-certified building officials, plans examiners, inspectors, routing technicians; and highly experienced administrative personnel.

Building department services we propose to the City of Gardena include:
▪ Building official services
▪ Building plan review services
▪ Building inspection services
▪ Routing technician services
▪ CASp plan review and inspection services
▪ Building Department assessment services
Our team has a proven track record of providing efficient and predictable building department services while meeting or exceeding client expectations. Our key objectives in providing these services to the City of Gardena are:
▪ To provide Building Official services. We have selected an experienced and qualified Building Official to serve the City. Our Building Official will work with City staff and others to improve services that the department provides in a professional, cooperative and coordinated manner. ▪ To remain unmatched in furnishing responsive and knowledgeable Building Department services. Our staff will immediately evaluate staffing levels necessary to provide timely services and immediately add additional inspection staff until next day inspection services are restored. ▪ To provide timely and responsive plan review services. We will work to eliminate any plan review backlog with the goal of having service levels meet those identified within this proposal within three weeks from initiation of services.
▪ To share our wealth o f building Department experience. Our staff has been intimately involved in the management of multiple California Building Departments and we will use this experience to improve the internal and external processes and services provided by Gardena’s Building Department. ▪ To be responsive to your specific staffing needs. As construction and development activity fluctuates within your community, we will adjust our service levels allowing the City the ability to maintain seamless service to your customers.
▪ To provide staff who have the appropriate experience, certifications, and knowledge. We will utilize appropriately experienced and qualified staff to perform all identified services.

BPR

SECTION 2

QUALIFICATIONS & EXPERIENCE
The following is a small sampling of the types of projects for which we are experienced at providing in support of building departments. We have coordinated in-house, staff-augmentation, building-official services, outsourced building -department, plans-examination services , inspection services , fire plan review and inspection services, and routing technician services to a multitude of public agencies throughout California.

BUILDING OFFICIAL SERVICES
BPR staff have provided Building Official services for many California communities. Our Building Official staff possess experience and are knowledgeable of the laws and regulations associated with building department operations and will use this experience and knowled ge to promote efficient services for your department. We will provide a full-time Building Official to provide on-site and remote Building Official services. Our proposed Building Official is keenly aware of the importance an efficient and predictable building department has on the economic vitality of the communities we serve.

PLAN REVIEW SERVICES
BPR Consulting Group ’s staff have many years of experience providing plan review for all types of projects ranging from small, simple, tenant-improvement projects to commercial, industrial , and high -rise building projects. We review all submitted project documents as needed to verify building c ode compliance . Our proposed Building Official holds all appropriate certifications and possess the necessary experience to provide plan reviews for all project types. Larger and more complex projects will be sent to our regional office for plan review. We have the ability to assign plans examiners with the same qualifications and professional licenses as required for project designers which allows efficient professional communication of plan review related issues.

We believe this approach affords a minimum number of plan review cycles allowing projects to move to construction without unnecessary plan review related delays. The following is a small sampling of projects for which BPR’s staff have provided plan review services.

CITY OF MANTECA
Great Wolf Lodge:

BPR’s staff members provided plan review services
for t his high-profile resort located adjacent to
Highway 12 0 in the City of Manteca . This project
included a 95,000 SF indoor water park , 45,000 SF of
family entertainment space, 12,000 SF center, and a
6-story, 500 -room hotel. BPR’s staff worked closely
with the design team and City staff to deliver this fast- paced project i n phases via a series of permit
packages and provided plan review services through
the construction phase of the project.

BPR

CITY OF SANTA CLARITA
Holiday Inn Express:

BPR’s staff provided complete building department plan review services for this new 4-story, 62,849 SF hotel. This high-profile project was designed utilizing wood platform framing with sheathed shear-walls and steel moment frames for lateral support. The building utilized Construction Type V-A and was classified as a group R-1 Occupancy. All plan review services for this project were provided on an expedited basis.

CITY OF MONTEREY PARK
Costco Warehouse & Fuel Station:

BPR’s staff provided building department plan review services on behalf of the City of Monterey Park for the new Costco Warehouse and Fuel Station project. Plan review services included plan review of the non -structural, structural, mechanical, electrical, plumbing, green and energy efficiency improvements associated with the project. The 154,974 SF tilt- up warehouse building utilized Type V -B Construction . The fueling station utilized Type ll-B Construction. The building was classified as a group M Occupancy.

Pacific Plaza Mixed-Use Hotel and Condominium:

BPR’s staff members provided complete building plan review services for the Pacific Plaza Monterey Park project which was designed as a mixed -use project to include Hotel,
Condominium and Restaurant uses. The project includes
398,792 SF within five levels above two levels of underground parking. The project utilized Construction Type I-A at the two lower parking levels and Construction Type III-A above the 2nd level. The building includes Occupancy Groups A -2, A-3, M, B and S-2.

CITY OF FRESNO
Community Regional Medical Center:

BPR staff members provided plan review services for the Fresno Community Regional Medical Center (CRMC)
expansion – a 58-acre, $350 million project comprised of a 5 - story, 180,000 SF Medical Office Building and a 5-story Parking Structure with approximately 427,900 SF of parking. BPR’s staff provided complete building department plan review services for the CRMC M edical Office Building and Parking Structure. Submitted documents were reviewed for

BPR

compliance with the applica ble provisions of the codes and associated standards as adopted by the City of Fresno.

The CRMC M edical Office Building was constructed utilizing structural steel framing supporting composite concrete over steel decking at the floor and roof levels. The foundation utilized conventional spread footings.

The lateral force resisting system was designed to utilize moment resisting steel frames. The exterior cladding for the project included light gauge steel framing supporting anodized aluminum panels and glazing. The Medical Office Building includes occupancy classifications B, S, and I-2.1, and Construction Type IA and is a fully sprinkled building.

The CRMC Parking Structure was designed utilizing concrete decks supported by concrete beams and columns, with post-tensioned, cast-in-place concrete construction supported by post -tensioned cast-in-place concrete beams, which in turn are supported by conve ntionally reinforced cast-in-place concrete columns. The lateral force resisting system consist ed of concrete shear walls and concrete moment frames. The exterior cladding was designed to incorporate precast concrete wall panels.

Omni Family Health Facility:

BPR’S staff provided third -party plan review services on behalf of the City of Fresno for the Omni Family Health facility. The project included modifications to the existing mechanical system to isolate air and control pressures in the facility’s waiting room. The mechanical system upgrade was designed and plan reviewed for compli ance with OSHPD 3 code requirements. Plan review services included review for compliance with OSHPD3 requirements for healthcare
facilities.

Staff prepared review letters identifying elements of the final 100% construction documents that did not comply with applicable provisions of the adopted California Building Codes. The plan review team met with the design team to resolve plan review issues. At the completion of the plan review, two (2) sets of reviewed drawings and other required documents were delivered directly to the City of Fresno Building Department. A final review letter addressed to the City of Fresno Building Department was provided at the completion of plan review services indicating that plans were reviewed and found to comply with applicable building codes.

CITY OF HANFORD
New Hanford Fire Station:

BPR’s staff provided complete plan review for this new 5,289 square foot fire station consisting of group R -2, B and S -1 occupancy classification s and constructed of Type VB
Construction. The estimated project cost was $2,000,000. The new fire station will support three personnel during duty hours and provide responsive service in the southwest and west area of Hanford with a focus on improving response times and better serving the growing community.

BPR

New Costco Warehouse:

BPR’s staff members provided building department plan
review services on behalf of the City of Hanford Building Department for a new Costco Warehouse project. Services included plan review of the architectural, structural,
mechanical, plumbing, electrical and energy conservation designs associated with construction of the project.

Accessibility features were also reviewed to e nsure
compliance with applicable accessibility provisions of the adopted California Building Codes.

CITY OF SACRAMENTO
Downtown Commons Tower:

BPR staff provided plan review services for this 16 -story, mixed-use tower constructed of cast-in-place reinforced concrete utilizing a code compliant structural concrete shear wall system fo r lateral support. This architecturally significant state -of-the-art project serves as a center piece for the Downtown Commons community and is located directly adjacent to the new Sacramento Kings Arena. The 16 -story, mixed-use tower includes two levels o f subterranean parking. The lower three levels above grade include retail space, restaurant space, hotel lobbies, conference rooms, ballrooms, a pool deck, and back-of-house spaces. The fourth level includes office space. Levels 5 through 10 were designed for hotel use, and Level 11 through 16 will include residential units. BPR’s staff provided progressive plan review services for this project with an expediated schedule on behalf of the City of Sacramento. BPR staff members successfully assisted the city, the design team, and the Owner to implement and execute an aggressive phased permitting schedule, allowing this significant and complicated project to move quickly into construction, well in advance of a complete design package.

CITY OF RICHMOND
BPR staff members have provided complete plan review services for projects on behalf of the City of Richmond for many years . Below are examples of recent projects for which our staff members provided plan review services:

Noma Residential Development:

BPR staff provided complete building department plan review services for the Places at Noma which consist of 95, three-story, single-family, detached homes ; and the Rows at Noma , which consist of 18, three-story, live/work townhomes with ten different configurations. All buildings are Type V-B Construction with Group R-3 and Group U Occupancies. All buildings are platform-framed wood and are supported on conventional-spread, concrete footings with a slab -on-grade system at the first -floor level. The lateral force resisting system consisted of site -built, wood-sheathed, shear walls. BPR’s staff teleconferenced and/or met with the design team to resolve plan review issues in an efficient and collaborative manner.

BPR

Tilt Up Warehouse and Distribution Facility:

BPR staff provided complete building department plan review services on behalf of the City of Richmond for this project. This project consists of a single-story, tilt-up warehouse and distribution center with 191,500 SF of warehouse area and 12,000 SF of office space, for a total area of 203,500 SF. The building was constructed of Type III -B Construction and included Type S -1 and B Occupancies and is fully fire sprinklered. Site improvements included trash enclosures, rolling metal gates, steel fencing and concrete site walls. Submitted documents were reviewed for compliance with the applicable provisions of the adopted building codes and associated standards. BPR staff teleconferenced and/or met with the design team to resolve plan review issues.

OSHPD 3 Community Clinic:

BPR staff provided complete building department plan review services of the Community Clinic project on behalf of the City of Richmond. This project included construction of a three -story, Community Clinic with a total area of 33,742 SF of medical office space designed to be OSHPD 3 compliant. The building utilized Type V- B Construction and included Occupancy Groups B and A -3. The building is fully fire sprinklered. Site improvements included trash enclosures and concrete site walls as part of the project. Plan review services required review for compliance with all applicable OSHPD 3 provisions of the California Building Code. BPR staff teleconferenced and/or met with the design team to resolve plan review issues, as needed.

CITY OF BERKELEY
BPR staff members have provided complete plan review services for projects on behalf of the City of Berkeley for many years. Below are examples of recent projects for which our staff members provided plan review services:

Bancroft Apartments:

This six-story, mixed-use building consists of a single-level, reinforced-concrete, Type 1A podium structure with five levels of light, wood -framed Type IIIA construction above. The podium houses 9,300 SF of M, S -2 and R -2 Occupancies. Five levels of residential apartments comprising 41,000 SF occur above the podium structure. The existing building on the site was relocated and the existing surface parking lot was demolished in preparation for this high-density project which included 50 new residential dwelling units.

San Pablo, Merchant Building:

This unique project straddles three Cities ; Berkeley, Oakland, and Emeryville, with Berkeley as the lead agency. Formerly a factory, this building has been readapted to house a 500,000 SF medical office, a 50,000 SF health club, and a parking garage with roof parking. The existing concrete structure was strengthened with extensive use of fiber -reinforced polymer (FRP); new ramps were added to convert the factory floors to parking floors; and new MEP infrastructure was added to facilitate the medical office building and health club tenant improvements.

Bayer Healthcare, Voluntary Seismic Upgrade:

This project consisted of voluntary seismic upgrades to four existing buildings in order to comply with the city seismic strengthening regulations and policies. The design utilized the evaluation and retrofit procedures of ASCE 41-13 and introduced structu ral steel buckling restrained braced frames into these existing nonductile,

BPR

reinforced-concrete buildings. The projects ranged in size from 3,400 SF to 60,000 SF, and the buildings included B, F-1 and S-1 Occupancies.

CITY OF SAN RAMON
Aspen Woods Apartments:

BPR staff provided plan review services for this new , 95-unit, senior complex. The facility consists of a basement and 4 floor levels totaling 139,281 SF. This podium style project utilized Type IA and VA construction and included S -2 and R -2
Occupancy Groups. Above the podium structure, western-style platform construction was utilized along with site-built, wood- sheathed, shear walls f or lateral suppo rt for this exclusive residential project.

CITY OF VALLEJO
The Lodge at Glen Cove:

BPR staff provided plan review services on behalf of the City of Vallejo for this new , residential, care facility that provides Independent Living, Assisted Living and Memory Care options for its residents. The facil ity consists of two, three -story buildings totaling 120,312 SF. This project utilized Type VA construction and included A -2, R2.1, B and S Occupancy Groups.

BUILDING INSPECTION SERVICES
BPR Consulting Group maintains a staff of ICC Certified building inspectors available to serve your community.

We understand the importance of personality coupled with code knowledge and the ability to explain identified deficiencies in a constructive manner. We carefully select inspection staff to ensure that selected staff possess the appropriate skills and knowledge for the types of projects they will be assigned. We value our inspection staff’s ability to effectively communicate with agency officials, homeowners, builders and others. We understand effective communication is an important trait necessary for delivery of successful inspection services on behalf of the communities we serve. We have found that demonstrated code knowledge, along with clear and efficient communication, are required ingredients for a fair and transparent inspection program.

ROUTING TECHNICIAN SERVICES
BPR Consulting Group maintains a staff of ICC Certified technicians available to serve your community. We understand the importance of the technician position. As the first contact by residents and builders alike, the first impression provided by our routing technicians sets the stage for the overall permitting experience. Our routing technicians are knowl edgeable of state laws associated with issuance of building permits, have experience with multiple databases utilized by building departments and will quickly learn the unique project routing and approval process used by your department. Additionally, our routing technicians with minimum training, will use your adopted fee schedules to ensure that plan review and building permit related fees are

BPR

properly assessed. At the completion of the plan review process, required approvals from other departments both within and outside the agency, will be verified prior to issuance of building permits.

FIRE PLAN REVIEW & INSPECTION SERVICES
BPR Consulting Group staff are available to provide fire plan review services as needed to verify compliance with California Build ing and Fire Codes, adopted National Fire Protection Association Standards and local amendments. Plan review services will include review for fire and life safety code compliance relative to the design of fire protection systems including fire sprinkler systems, fire alarm systems, fire suppression systems, fire pump installations, smoke control systems, civil improvement plans, and non-structural building plans for fire and life safety features.

We understand that many municipalities and fire districts adopt local requirements unique to local fire concerns. We will review local requirements to ensure that assigned projects are compliant with current code and locally adopted requirements. We will ensure compliance with Title 24 California Building and Fire Codes, parts 2, 2.5, and 9 – applicable to fire prevention, life safety, mechanical and electrical installations as they relate to fire and life safety for residential, commercial, industrial, existing and historical buildings.

BPR’s staff of Fire Plans Examiners and Fire Protection Engineers have performed both building and fire plan review services on a wide variety of projects including industrial, commercial, institutional, assembly, essential service buildings, mixed use, tenant improvemen ts, remodels, adaptive reuse projects and residential developments.

BPR

SECTION 3

BUILDING SAFETY TECHNICIAL CAPABILITIES
The BPR team holds extensive experience and a proven track record of providing building official, plan review, building inspection , fire plan review and inspection, and routing technician services as needed in a cost - effective manner. Our Building Official services can be tailored to meet your specific needs and budget. Our plan review services focus on providing timely and thorough plan reviews with the goal of issuing code compliant plans so minimum code related issues occur during the construction process. We also work with design teams on major projects providing progressive plan reviews where we identify code compliance issues during the design process resulting in quick approval of the final construction documents. Our Building Inspectors and Routing Technicians are selected based on the needs of the communities we serve. We tailor our services to fit your specific needs.

Our role and mission is to provide the following:
▪ A team of professionals with high -level experience and skills in successfully providing all building department services.
▪ Utilizing staff with a customer service focus and thorough knowledge of building department policies and
procedures.
▪ Promoting cooperation and partnership with other
jurisdiction departments and outside agencies.
▪ Licensed Plan Review Engineer and/or ICC Certified P lans Examiners for thorough and timely plan reviews.
▪ Progressive plan review services for major and unique projects. ▪ A high level of customer service to both internal and external customers. ▪ Adjusting services as needed to meet your workload needs. ▪ Services in a cost-effective manner that remain within budget constraints.

BUILDING & FIRE PLAN REVIEW SERVICES
All plans examination services will be performed by or under the direction of a licensed civil or structural engineer. For unusual or large projects , and when needed to meet aggressive schedules and peak workload demands, additional support will be provide d by appropriately qualified staff. Our building officials, plans examiners, and building inspectors maintain a working knowledge of applicable building codes and plan review procedures. Our staff will use their experience and skills to promote efficient s ervices on behalf of your department.

BPR

Our staff will work with project applicants and designers in a collaborative and professional manner to quickly identify and resolve code compliance issues . Our Building Officials will collaborate with project design ers to identify code compliant procedures to address complicated code issues. Our plan s examiners will perform detailed plan reviews to provide complete and accurate construction documents to minimize questions and problems during the construction phase of projects.

TECHNICAL PLANS EXAMINATION CAPABILITIES
BPR’s staff possesses significant technical capabilities in all areas of plans examination, competency gained from years of experience providing these same services. All plan examiners are California Licensed Engineers or ICC Certified Plans Examiners with multiple years of experience providing plan review services. Our staff w ill conduct accelerated or project-specific, phased, plan reviews on an as-needed basis as requested by clients.

Our plans examiners have a thorough understanding of code requirements, are able to read, understand and interpret construction documents, energy calculations, geotechnical reports, structural calculations, electrical load calculations, comissioning reports, and other associated design documents. Our plans examination staff have the ability to prepare well -written, plan review letters, communicate effectively orally and in writing and work effectively with jurisdiction staff, project design teams, contractors and the permit applicants. Our plans examiners possess knowledge of the most current state adopted building standards.

ARCHITECTURAL
BPR’s non-structural plans examiners have provided plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 2, 3 and 5 medical office buildings.

Many of our plan examiners are CASp certified. Completed plan review projects range from single-story, residential projects to complex high-rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current editions of the following model codes:
▪ California Building Standards Code
(Title 24) Parts 1 through 6 and 9
▪ International Building Code (IBC)
▪ Americans with Disabilities Act Standards
for Accessible Design
▪ ANSI Standards
▪ NFPA Codes & Standards
▪ CA Code of Regulations (CCR) Titles 19 and 25
▪ Jurisdiction-Adopted Amendments or Ordinances

STRUCTURAL
Our structural engineers have experience designing and reviewing all types of projects including residential, multi-family, commercial , and multi-story projects including mid-rise and high -rise projects, institutional projects, industrial projects, retail buildings, schools, medical office buildings and court facilities. Our structural engineers have experience designing and reviewing projects constructed with all building materials including the following:
▪ Wood
▪ Masonry
▪ Heavy Timber / Timber Frame
▪ Concrete
▪ Structural Steel
▪ Light Gauge Steel Framing
▪ Straw Bale
▪ Rammed Earth

BPR

Our engineers have designed or reviewed a wide array of structural lateral force resisting systems including:
▪ Structural steel moment frames
▪ Buckling-restrained braced frames
▪ Eccentric braced frames
▪ Concentric braced frames
▪ Concrete moment frames
▪ Wood shear wall systems
▪ Masonry shear wall systems
▪ Concrete shear wall systems
▪ Cantilevered column systems
▪ Pre-stressed and post-Tensioned Concrete
▪ Various proprietary lateral force resisting
systems
Our structural engineers and inspectors are experienced with the provisions of most model codes including current versions of:
▪ CCR Title 24, Part 2, Volumes 2 & 2.5
▪ International Building Code (IBC)
▪ AISC 341, 358 and 360
▪ ASCE 7
▪ ASCE 41
▪ AISI Standards for Cold Formed Steel
▪ ANSI / AF&PA NDS for wood framing
▪ ACI 318
▪ ACI 530 / TMS 402/602
▪ CA Historic Building Codes
▪ CA Existing Building Codes
▪ NEHRP

MECHANICAL, PLUMBING & ELECTRICAL
BPR’s Mechanical and Electrical Engineers are well versed in the California Mechanical, Plumbing and Electrical codes. We will review submitted design documents to ensure compliance to the current edition of the following codes:
▪ California Building Code
▪ California Residential Code
▪ California Plumbing Code
▪ California Mechanical Code
▪ California Electrical Code
▪ Jurisdiction-adopted amendments
Other review services may be provided based on current editions of local or national standards such as:
▪ International Building Code
▪ International Residential Code
▪ International Mechanical Code
▪ International Plumbing Code
▪ NFPA Standards 13 (automatic fire
sprinkler systems)
▪ NFPA Standards 20 (fire pumps)
▪ NFPA Standards 72 (fire alarms)
▪ NFPA Standards 99 (medical gases)
▪ NFPA 101 Life Safety Code
▪ NEHRP Requirements for Existing Building

ENERGY COMPLIANCE
Our engineers and plans examiners are up to date on all California Energy Code requirements as they relate to both new and remodel construction for all project types . The Energy Efficiency Standards for Residential and Non-Residential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. These standards have been updated since that time to address a multitude of building components, systems and equipment with the goal of having new and updated buildings be more energy efficient, comfortable for building occupants, and less reliant of fossil fuels.

BPR

GREEN BUILDING STANDARDS
BPR’s staff has a working knowledge of the proper incorporation of CALGreen building criteria into project designs and the resulting potential impact of these standards related to building code compliance and the environment. Our plans examiners will review project documents to verify compliance with adopted Green Building Code Standards as required by state law and local amendments and ordinances.

LEED
Developed by the US Green Building Coun cil (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design methodologies, construction, operations, and building maintenance. LEED certification consists of a variety of rating systems applicable to multiple building types including commercial as well as residential . Ratings reflect a measure of how well a building performs across many sustainability metrics including: energy savings, water efficiency, CO2 emissions reduction, indoor environmental quality, energy usage and the projects impact on the local environment.

ACCESS COMPLIANCE & CASp REVIEW
All BPR CASp-certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. Our staff are experts in the industry, m aintaining appropriate certifications demonstrating their expertise, and are experienced providing services for building departments in a seamless manner balanced and in coordination with our client’s expectations and needs. We work collaboratively with our clients to address accessibility plan review and inspection related issues as efficiently as possible.

Our plans examiners are fully trained and familiar with CA Building Code Acce ssibility requirements and ADA compliance requirements and are available for plan review and/or inspection services . We offer support to municipalities for compliance enforcement and/or developing transition plan s. We can assist our clients in researching and providing interpretations of various specific issues relat ed to access compliance including access compliance obligation , transition plan development, construction costs and phasing, and regulation interpretations.

FLOOD ZONES
BPR’s staff of engineers and plans examiners have experience in providing plan reviews for projects located in flood zones and areas prone to flooding. BPR Consulting Group’s staff has provided numerous plan reviews for projects located in flood zones using FEMA’s Techni cal Bulletins as well as locally adopted ordinances.

Additionally, members of our team have participated in state-sponsored committees to establish guideline and building code requirements for projects planned in areas designated as flood zones.

OSHPD 2, 3 & 5
BPR Consulting Group’s staff of plans examiners and building inspectors have extensive experience providing plan review and inspection services for OSHPD 2, 3 and 5 projects. Our staff is well versed with the OSHPD 2, 3 and 5 requirements included in the California Building Code. Our inspection staff includes an OSHPD certified inspector with recent experience providing inspection services for hemodialysis, outpatient surgery, hyperbolic chamber, medical clinics and acute psychiatric facilities.

BPR

FIRE CODE PLAN REVIEW
We have an experienced and licensed professional Fire Protection Engineer on staff to address your fire and life safety needs. Our fire safety plan review and inspection staff can quickly and accurately check plans for compliance with applicable fire code s and standard s. Our fire protection staff routinely review and inspect projects for compliance with fire and life safety regulations.

Our Fire Plans Examiners and Inspectors have extensive experience in the use and application of the following model codes, standards, and regulations:
▪ California Fire Code (CFC) and California Building Code (CBC), with local amendments and regulations. ▪ Adopted National Fire Protection Standards
▪ California Health and Safety Code
▪ Appropriate listings (CSFM, U.L., etc.) for common systems and materials ▪ Fire Department Standards
▪ Code referenced National Fire Protection Reference Standards ▪ Municipal, State or Federal regulations enforced by local Fire Agencies BPR’s staff is active with California Fire Prevention Officer’s Asso ciation, as well as local chapters of International Code Council Building Officials Organizations throughout the State of California.

TRANSPORTING PLANS
For paper submittal documents, we will arrange for all pick-up and delivery of the plan review documents from your office at no additional cost. We utilize specific methods for project document pick-up and delivery with the goal of providing same-day service.

ELECTRONIC PLAN REVIEW
BPR Consulting Group maintains an efficient cloud-based, electronic-document, submittal system for receiving and sending large electronic document files. Our electronic document portal utilizes a SharePoint system to allow permit applicants and client staff the ability to upload construction documents for our plan review services. We are also able to use Dropbox to share and collaborate with the County. BPR Consulting Group has provided electronic plan review services, serving building departments and other public agencies with efficient electronic plan review services. We are prepared to provide electronic plan check services for your community utilizing our Bluebeam electronic plan review system, or any e lectronic plan review system presently used by your department.

We have had the opportunity to work with many different electronic plan review systems and our preferred system is Bluebeam, an industry-leading software used by many jurisdictions, design teams and contractors to review and annotate construction documents. We have worked with multiple clients to purchase and deploy Bluebeam software, develop jurisdiction-specific stamps, develop tools to increase efficiencies for electronic plan reviews, and participate and provide ongoing training on the use of the software.

BPR

COMMUNICATING PLAN REVIEW RESULTS
Plan review comments, when necessary, will be type written and refer to specific details, drawing or supporting document, and reference applicable code sections. BPR will provide a clear, concise, and thorough plan review letter itemized by specific discipline such as life safety, accessibility, structural, plumbing, mechanical, etc., that can be utilized by clients, designers, contractor s, and owners to understand the noted deficiency and make necessary corrections to the project documents . At the completion of each plan review cycle, BPR Consulting Group will return a copy of the plan review comment list to the designated applicant and project representative.

If requested, we will coordinate plan review re-checks directly with the designated project applicant. Upon completion of the plan review process, we will return completed plan review documents, in either hard copy or electronic format as needed, ready for final approval and permit issuance.

STANDARD PLAN REVIEW COMPLETION TIMEFRAMES
We complete all plan reviews within the timeframes shown below for both commercial and residential projects as our standard business practice. We will accommodate any turnaround schedule agreed to with our clients.

We can provide expedited plan review services when requested.

Project Type
Maximum Turn Around Time
(Business Days)
Initial Submittal Backcheck Reviews
Residential (Single Family)
New Construction 10 5
Addition 10 5
Remodel 10 5
Non-Residential
New Construction 10 5
Addition 10 5
Remodel, Tenant Improvement 10 5
Large, Complex Commercial or
Residential Multi-Family Projects 12 7

BPR

BUILDING INSPECTION SERVICES
BPR building inspectors are qualified and appropriately ICC-certified to provide requested inspection services.

Our inspection staff will perform inspection services to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building codes.

Our field inspection services will include inspection of all portions of projects including project sites as applicable. Our building inspectors will write legible and understandable correction notices, field reports and will be available to answer in -person or telephone inquiries. All inspection personnel assigned will be ICC and/or CASp certified as required.

We understand that many municipalities have amended code sections, policies and ordinances that impact the work that is inspected and approved project plans. Our inspection staff will familiarize themselves with local requirements to ensure that the projects we are inspecting are compliant with current code requirements.

Specifically, we will ensure compliance with the applicable provisions of the Title 24 California Building Standards Code, Parts 1 through 12, covering structural, fire prevention, life safety, disabled access, en ergy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial, existing and historical buildings. BPR’s ICC/CASp certified inspectors have performed building inspection services on a wide variet y of construction projects including planned, single-family, residential developments, custom homes, commercial, manufacturing, institutional, assembly, essential service, industrial projects and historical ly designated buildings. When necessary for large or fast -paced projects, multiple inspectors can be made available. BPR’s inspectors will inspect projects to verify conformance with approved project drawings and specifications which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for size, setbacks, heights and other applicable requirements. At the completion of inspections, BPR’s inspectors will update database information, complete necessary forms and documents as required to provide seamless service.

INSPECTOR QUALIFICATIONS & CERTIFICATIONS
BPR will work with you to select appropriately qualified inspectors with applicable experience and specific code knowledge based on the types of projects assigned for inspection. All BPR Consulting Group inspectors are ICC- certified with many maintaining CASp certification. In addition, BPR employs OSHPD certi fied inspectors available for inspection of OSHPD designated facilities.

Inspection personnel will have the ability to read, understand and interpret construction plans, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, permit applicants, homeowners and agency sta ff. Inspectors will possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards. Our inspectors are familiar with most of the common scheduling and tracking systems utilized by building departments and can quickly adapt to your systems and requirements.

BPR

ROUTING TECHNICIAN SERVICES
Knowledgeable and personable technicians are the first impression the public gets of your building department, and they play a critical role as to how your departments services are perceived. Routing technician services are crucial to the success of the entire building safety workflow within buildin g departments. The ability to convey proper information to permit applicants, properly calculate permit fees, properly route plans to various departments for review, tracking approvals, database management and permit issuance are all critical to the success of your building department. We understand that the ability to deliver excellent customer service, maintaining a smooth flow of permit documents throughout departments, and maintaining accurate and up -to-date records , are all key elements to furnishing f irst-rate, efficient success of your building department.

Our Routing Technicians will greet and work closely with the customers at the public counter or via telephone, answering questions and providing accurate information . Our Routing Technicians will pr ovide information about permit applications, plan review and inspection requirements, will be organized and have the ability to maintain filing systems necessary for tracking permit applications, permits issued, plan check s in progress, approved project documents and any other records or information important to the efficient operation of your department.

BPR

SECTION 4

FEE SCHEDULE
We propose that all in-house Building Department services including Building Official and plan review services performed by our Building Official, Building Inspection, and Routing Technician services provided to the City of Gardena be paid on an hourly basis utilizing the Schedule of Hourly Billing Rates included below. Our standard fee for complete building code plan review services for commercial and residential projects reviewed in our offices is 67% of the plan review fees based on your agency’s adopted fee schedule. Structural only plan review services will be charged at 45% of the plan review fees based on your agency’s adopted fee schedule.

Plan review services performed in our offices will include an initial first review and two, back-check reviews of the submitted documents. Any additional plan review services required beyond the third review will be billed at our hourly rates listed within the Schedule of Hourly Billing Rates included below.

Additionally, we propose to provide plan review services for City owned projects at no cost to the City.

SCHEDULE OF HOURLY BILLING RATES
The rates displayed in the schedule below reflect BPR’s current hourly billing rates.

CLASSIFICATION HOURLY BILLING RATE ICC Certified Building Official ................................................................................................................. 125 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) ......................................... 135 ICC Certified Plans Examiner .................................................................................................................... 95 CASp Plans Examiner or Inspector......................................................................................................... 110 ICC Certified Senior Building Inspector* ................................................................................................ 95 ICC Certified Building Inspector .............................................................................................................. 88 Fire Protection Engineer ......................................................................................................................... 135 ICC Fire Plans Examiner ............................................................................................................................ 95 ICC Fire Inspector ....................................................................................................................................... 95 Routing Technician .................................................................................................................................... 65

▪ Shipping: There is no charge for courier or shipping services for plan reviews conducted off site. ▪ Expedited Plan Reviews: Expedited plan reviews can be provided upon request. Fees for expedited plan review services will be 150% of the above noted hourly rates.
▪ Overtime, After-hour and Weekend Services : Overtime, after-hour and weekend services will be charged at 130% of our regular billing rates.
▪ Mileage: Vehicle mileage utilized while performing city services will be billed at the current IRS vehicle mileage rate.
▪ * Senior Building Inspector will possess two or more current ICC Certifications

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.B
Section: DEPARTMENTAL

ITEMS - ELECTED & CITY

MANAGER'S OFFICES
Meeting Date: September 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

RESOLUTION NO. 6601
, A Resolution of the City Council of the City of
Gardena Opposing the Two Statewide Ballot Measures that Would Expand Gaming in California
COUNCIL ACTION REQUIRED:

Staff Recommendation: Adopt Resolution No. 6601 opposing both Proposition 26 and Proposition 27 Sports Wagering Initiatives
RECOMMENDATION AND STAFF SUMMARY:

City Staff respectfully recommends City Council to approve the proposed Resolution opposing Proposition 26 and Proposition 27 Sports Wagering Initiatives appearing on the November 8, 2022, General Election Ballot.

On May 14, 2018, the US Supreme Court overturned the Professional and Amateur Sports Protection Act (PASPA, 1992), lifting the ban on states being able to establish their own sports wagering industries; meaning the State of Nevada no longer has a monopoly on legal sports betting in the country and all states are free to set up their own sports betting rules and regulations. Currently, there are about 30 states where sports betting is now legal including 18 states that allow online sports wagering. There are two Sports Wagering initiatives appearing on the November 8, 2022, California General Election Ballot:

1 .

Proposition 26, the California Sports Wagering Regulation and Unlawful Gambling Enforcement Act, Initiative 19-0029A1
2 .

Proposition 27, the “California Solutions to Homelessness and Mental Health Act”, Initiative 19-0029A1
Proposition 26 (Prop 26) amends the California Constitution to expand gambling in Indian Casinos. This would permit Indian Tribes to offer gambling games currently not permitted in tribal casinos, like sports wagering, roulette, craps, and other games played with dice. Prop 26 also includes a provision to promote frivolous lawsuits. The provision authorizes any person or entity to act as a private attorney general to bring lawsuits to seek civil penalties of $10,000 per alleged violation and injunctions to close licensed cardrooms for any alleged violation, even though licensed cardrooms play card games expressly approved for play under the California penal code and by the Bureau of Gambling Control in the Office of the California Attorney General. This provision will directly harm cities who receive tax revenues from their licensed cardroom and rely on these revenues to provide basic municipal services for their residents.

Indian Tribes do not pay any taxes on their existing Casino revenues and Prop 26 does not require the Indian Tribes to pay taxes on the new revenues generated from expanding gambling through the addition of sports wagering, roulette, craps, and other games played with dice.

A fiscal analysis conducted by the California Legislative Analyst’s Office found the Indian Tribes monopoly on sports betting would result in a loss of hundreds of millions of dollars each year in taxes for California, revenues that could have been used to support local programs.

Proposition 27 (Prop 27), the “California Solutions to Homelessness and Mental Health Act” amends the California Constitution to expand gambling over the internet and on mobile devices. Prop 27 will permit entities to operate online sports betting over the internet and on mobile devices to persons throughout California. Prop 27 exempts all Indian Tribes with casinos from State or location taxation on all revenues from online sports betting. Instead, the state would receive the $100 million license fees paid by sports wagering operators with possibility of further revenue from a proposed 10% surcharge on these operators paid into an Online Sports Betting Fund. The money in this Fund is to be appropriated by the legislature as follows: (a) 85% to counties and cities for homelessness and mental health programs and the cost to administer online sports betting and (b)15% for Indian tribes that do not participate in online sports betting.

However, sports wagering operators are permitted to deduct the amount of all promotions, winnings and prizes paid out and the licensing fee from any surcharge amount they would be obligated to pay to the State Treasury. The Initiative contemplates that an operator’s adjusted gross online betting receipts will be a negative amount, in which case the operator would pay very little to no surcharge amount to the State Treasury resulting in insufficient to no revenue for counties and cities for homelessness and mental health programs as advertised.

The California tribal casinos are an $8 billion-a-year industry and pay no state income taxes, property taxes, or local sales taxes. This expansion of gambling far exceed what Indian Tribes with Las Vegas casinos need to survive – a goal that was accomplished by the passage of Proposition 1A on March 7, 2000.

Given the absence of meaningful benefits to the public from these initiatives, it is recommended that the City Council oppose these initiatives by adopting the proposed resolution. City staff respectfully recommends the City Council approve proposed Resolution No. 6601, opposing both Proposition 26 and Proposition 27 Sports Wagering Initiatives.

FINANCIAL IMPACT/COST:

None
ATTACHMENTS:

Reso No. 6601 - Opposition of Prop 26 and 27 Sports Wagering Intiatives.pdf 6-15-2022 CCGA Comparative Analysis of Sport Wagering Initiatives.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

Comparative Analysis of the Sport Wagering Ballot Measures to Amend the California Constitution in California

This report compares the two statewide sports wagering ballot measures:

1. The California Sports Wagering Regulation and Unlawful Gambling Enforcement Act (hereafter called the “Tribal Gaming Initiative”) that is advanced by the Tribal Chairmen of the Pechanga Indian Reservation Temecula Band of Luiseno Mission Indians, the Barona Band of Mission Indians, the Agua Caliente Band of Cahuilla Indians and the Yocha Dehe Wintun Nation, each of which operates one or more Nevada Style Casinos on its tribal land in California.

2. The California Solutions to Homelessness and Mental Health Act (hereafter called the DFS Gaming Initiative) that is advanced by Kurt Oneto and John Moffat. Kurt Onet is a partner in the Sacramento law firm of Nielsen Merksamer LLP who specializes in qua lifying statewide ballot measures. John Moffat is a partner in the same law firm. However, Politico reports that the true backers include the Draft Kings and others who are partnering with Indian Tribes.1

These ballot measures propose to amend the Califor nia Constitution so as to permit sports wagering and other gambling games with fundamentally different outcomes to the people of the State of California. This report provides a side-by-side comparison of the fundamental elements of these three competing ballot measures.

_____________________
1 Politico “Sports Betting Giants Back Online Betting Initiative in California” (08/31/2021)

INTRODUCTION
Section 19 of Article IV of the State of California governs gambling in the state. In particular, subsection 19(a) prohibits lotteries and subsection 19(e) prohibits casinos in the entire State of California.

Subsection 19(e) provides as follows:

The Legislature has no power to authorize, and shall prohibit, casinos of the type currently operating in Nevada and New Jersey.

On March 7, 2000, a ballot measure known as Proposition 1A, adopted Section 19(f) to Article IV of the California Constitution. Secti on 19(f) relaxed the prohibition against Nevada style casinos by permitting only Indian Tribes to operate casinos on tribal lands that offer slot machines, lotteries and banking and percentage card games.

The Tribal Gaming Initiative propose further amendments to Section 19 of Article IV of the California Constitution. The DFS Gaming Initiative proposes the addition of a new Section 19.5 to Article IV of the California Constitution and a new chapter to the Business & Professions Code.

This comparison analyzes the ballot measures according to common topics in the form of questions germane to the ballot measures.

WILL THE PUBLIC BENEFIT FINANCIALLY FROM SPORTS WAGERING? Tribal Gaming Initiative
No. There is no public benefit. Only Indian Tribes with Casinos will benefit.

This ballot measure does not require Indian Tribes to pay taxes on their existing Casino revenues nor on their additional revenues from sports wagering. Proposed Section 19(f) to Article IV of the California Constitution.

Racetrack Operators will be permitted to offer sports wagering at the racing tracks they operate, but racing tracks operated by State Fairs are excluded. Thus, the Tribal Gaming Initiative only permits sports wagering a t the following four (4) racing tracks in California: Santa Anita Park, Del Mar Racetrack, Los Alamitos Racecourse and Golden Gate Field. The Racetrack Operators will be required to pay a 10% tax on net revenues from sports wagering. This 10% tax will be distributed as follows: (a) 15% for problem
gambling prevention and mental health, (b) 15% to the Bureau of Gambling Control for the implementation and enforcement of sports wagering, (c) 70% to the state general fund.

Proposed Section 19(h) to Article IV of the California Constitution and Proposed Section 19670- 19674 to the Business & Professions Code.

DFS Gaming Initiative
Indian Tribes with Casinos and their appointed Operators will reap the entire benefit. They will acquire a monopoly over all online sports betting in the State of California.

No other persons or entities will be granted the right to operate online sports betting. The DFS Gaming Initiative excludes all licensed gaming establishments like cardrooms and racetracks. It also excludes all professional sports leagues and teams. These exclusions deprive the public of new tax revenues from online sports betting.

The public will receive the license fees paid to the State Treasury by the licensed operators. The public also may receive some undeterminable amounts from a proposed surcharge payable only by the operators appointed by the Indian Tribes with Casinos. Since it is unknown which Indian Tribes will appoint operators, the amount of license fees paid to the State Treasury cannot be ascertained correctly.

Neither the State of California nor any local governmental entity may impose a tax on Indian Tribes or their appointed operators on revenues they derive from online sports betting.

All license fees and possible surcharges are to be paid into the Online Sports Betting Fund. The money in the Fund is to be appropriated by the legislature as follows: (a) 85% to counties and cities for homelessness and mental health programs and the cost to administer online sports betting and (b) 15% for Indian tribes that do not participate in online sports betting.

WHAT ENTITIES WILL BE PERMITTED TO OPERATE SPORTS WAGERING? Tribal Gaming Initiative
The only entities that can offer sports wagering in California are Indian Tribes and Approved Racetrack Operators. The privilege is not extended to licensed gambling establishments or Professional sports teams. Proposed Sections 19(f) and 19(h) to Article IV of the California Constitution.

In addition, this Initiative will permit Indian Tribes to offer gambling games not permitted currently.

Indians Tribes will be permitted to conduct and operate “roulette and games played with dice.” Proposed Section 19(f) to Article IV of the California Constitution. The existing Section 19(f) of Article IV does not permit Indian Tribes to conduct and operate roulette or craps, but some Tribal Casinos offer such games anyway.

The Tribal Gaming Initiative is a plan by Indian Tribes with Las Vegas Casinos to own gambling in the State of California – not just sports wagering. The plan consists of two foundational elements embedded in the Initiative that grant a monopoly to Indian Tribes over all gambling in the State of California without any obligation to pay taxes on their gambling revenues.

The first element is the power to conduct three types of gambling that are currently prohibited in California. The initiative would permit Indian Tribes with Las Vegas Casinos to conduct “roulette, games played with dice and sports-wagering.” Section 19(f).

The second element is the exemption from taxation on all revenues derived from these three new types of gambling. The exemption is a continuation of the existing language of Section 19(f) of Article IV of the California Constitution that is devoid of any obligation to pay taxes from gambling revenues to the State of California or any other governmental entity.

Such powers far exceed wh at Indian Tribes with Las Vegas Casinos need to survive – a goal that was accomplished by the passage of Proposition 1A on March7, 2000.

In contrast, Cities may only license and regulate licensed gambling establishments to play non- banked card games, which means that cardrooms, unlike Indian Tribes, cannot be the dealer or a player in any card game. Cities derive tax revenues from licensed gambling establishments to fund public services such senior and youth services and events, as well as traditional police and fire services. Cities derive these revenues by imposing taxes ranging from 10% to 15% of a licensed gambling establishment’s gross revenue.

The Tribal Gaming Initiative gives Indian Tribes powers sufficient to drive licensed gambling establishments out of business. They cannot compete with Indian Casinos that offer sports wagering, slot machines, craps, roulette, banked card games such as Blackjack and lotteries.

When licensed gambling establishments go out of business, cities will not be able to replace lost gaming revenues, and city services to residents will be cancelled or reduced drastically.

DFS Gaming Initiative
Indian Tribes that currently operate Nevada-style casinos in California are the only entities that will be permitted to operat e online sports betting over the internet and on mobile devices to persons in California.

In addition, any such Indian Tribe may appoint a gaming entity to conduct online sports betting on behalf of the Indian Tribe.

Furthermore, the right to conduct online sports betting is made a constitutional right and granted to such Indian Tribes exclusively. Proposed Section 19.5 to Article IV of the California Constitution.

The privilege to conduct online sports betting is not extended to other licensed gaming entities such as licensed gambling establishments or Racing Tracks or to any Professional sports leagues or teams. The DFS Gaming Initiative also grants confidentiality to Indian Tribes and their appointed operators, and it requires the State of California to finance the implementation of online sports betting.

All license applications of Indian Tribes and their appointed operators including all attached documents, reports and data containing financial information or personal information will be exempt from disclosure to the public under the Public Records Act.

In order to implement sports betting under this Initiative, the State will be required to loan $30 Million to fund the commencement and regulation of online sporting betting, but no Indian Tribe or appointed operator will be required to repay any part of the loan. Instead, it will be repaid from license fees paid by the operators.

WILL INDIAN TRIBES OR THE STATE REGULATE SPORTS WAGERING? Tribal Gaming Initiative
The Tribal Gaming Initiative grants to Indian Tribes the right to conduct “sports wagering” at Tribal Casinos and on Indian Lands without the need to obtain any license from the State of California or to comply with any state regulation on sports wagering. Proposed Section 19(f) to Article IV of the California Constitution.

This Initiative provides for amendments to existing tribal-state compacts to add sports wagering.

Proposed Section 12012.101 to the Government Code.

The Tribal Gaming Initiative does not prohibit persons under 21 years of age from engaging in sports wagering at Indian Casinos or on Ind ian Lands. Persons under 21 years are prohibited from sports wagering at Racing Tracks. Proposed Section 19674 to the Business & Professions Code.

This Initiative authorizes the State Legislature to enact statutes that establish the events on which “sports wagering” is permitted and statutes that provide consumer protections and anti - corruption measures. Presumably, such statutes would be applicable to sports wagering at Tribal Casinos and on Indian Lands. Proposed Section 19(i) to Article IV of the California Constitution.

DFS Gaming Initiative
Under the DFS Gaming Initiative, online sports betting will be largely unregulated by the State of California. Indian Tribes or their operators are required to apply for and obtain a license from the state which entities them to operate an online sports betting platform and to act as a sports betting supplier. Licenses are valid for five (5) years.

This Initiative grants virtual control over all online sports betting to the operators, whether the operators are Indian Tribes or their appointed gaming entities. The following elements of control are explicitly granted to the operators:

1. The adoption of rules for game play governing online sports betting transactions with its customers that include elements 2 - 6 below.

2. The method for calculating and paying winning bets.

3. The effect on bets, if any, of sports event schedule changes.

4. The method of notifying consumers of odds changes.

5. The method of funding an online sports betting account.

6. The circumstances under which an operator may void a bet and notifying the consumer thereof.

7. The determination and display of applicable lines, point spreads, odds, or other information pertaining to online sports betting; and the Department of Justice is explicitly prohibited from specifying such elements of sports betting and from requiring operators to disclose such information to the public.

8. Operators cannot be required to obtain prior Department of Justice review or approval of any advertisement or promotion; but operators are required to avoid targeting minors, persons ineligible to place bets or who have self-excluded.

9. Operators cannot be limited on the type or amount of free b ets or promotional credits they may offer or issue.

10. Operators have the right to pool liquidity from other states in which they are licensed to conduct sports betting.

11. Operators have the right to maintain information about all bets placed includin g the identity of the bettor, the dollar amount and type of bet, the location from which the bet was placed and the outcome of each bet. However, the operators are required to provide such information to the Department of Justice upon request.

Proposed Sections 19755, 19756 and 19760 of the Business & Professions Code.

The DFS Gaming Initiative contains provisions that would allow it to coexist with the Tribal Gaming Initiative in the event both initiatives receive voter approval at the November 2022 election regardless of which initiatives receives the most votes.

In addition, this initiative prevents the legislature from amending any statutory provision of this initiative except upon a five -sixth vote of both houses of the legislature but may amend t he percentage allocation of moneys in section 19750 of the Business & Professions Code upon a two-thirds vote of both houses of the legislature.

ARE TAXES PAYABLE BY OPERATORS OF SPORTS WAGERING?

Tribal Gaming Initiative
No. Indian Tribes will pay no taxes.

Indian Tribes are not now required to pay taxes to the State of California on their Casino gaming revenues.

Although the Tribal Gaming Initiative authorizes Indian Tribes to conduct the games of “roulette, games played with dice and sports wagering ,” it imposes no obligation on Indian Tribes to pay taxes on revenues they derive from such new games and from sports wagering. Proposed Section 19(f) to Article IV of the California Constitution.

While the Tribal Gaming Initiative places no tax on Indian Tribes, it will impose a “sports wagering tax” of 10% on net revenue of the four (4) racing tracks authorized to conduct sports wagering.

Such tax revenues shall be paid to the State Treasury and expended as follows: (i) 15% for problem gambling prevention and mental health, (ii) 15% to the Bureau of Gambling Control for the cost of enforcement and implementation of sports wagering and (iii) 70% to the general fund.

Proposed Sections 19671, 19672 and 19673 to the Business & Professions Code.

DFS Gaming Initiative
No. Indian Tribes will not pay any taxes.

Indian Tribes are not required to pay taxes to the State of California on their Casino gaming revenues.

Similarly, the DFS Gaming Initiative will not require Indian Tribes or their designated oper ators to pay taxes to the State of California or to any local governmental entity on revenues they derive from online sports betting. In fact, all revenues the Indian Tribes, or their designated operators, derive from online sports betting are explicitly exempt from all forms of State and local taxation.

Proposed Section 19.5(d) to Article IV of the California Constitution.

Instead, the DFS Gaming Initiative requires operators to pay license fees in order to obtain a license to operate an online sports bet ting platform. In addition, this Initiative will impose a “surcharge” on each online sports betting operator payable to the State Treasury; but Indian Tribes will not be required to pay any surcharge amount. Due to the Initiative’s exclusions, any

revenue to the State Treasury from the proposed surcharge is largely illusory. Proposed Section 19775(a) to the Business & Professions Code.

The DFS Gaming Initiative states that the amount of the surcharge will be equal to 10% of each operator’s adjusted gross o nline betting receipts. In computing its adjusted gross online betting receipts, operators are permitted to deduct the amount of all winnings and prizes paid out. The Initiative contemplates that an operator’s adjusted gross online betting receipts will be a negative amount, in which case the operator would pay no surcharge amount to the State Treasury. Proposed Sections 19775 and 19794(a) to the Business & Professions Code.

In addition, the Indian Tribes appointed operators are entitled to deduct the entire amount of their initial license fee of one hundred million dollars ($100,000,000) from any surcharge amount they would be obligated to pay to the State Treasury. Such operators may take the deduction in five annual increments of twenty million dollars ( $20,000,000), or in subsequent years if the operators renew their licenses. In addition, such operators are entitled to deduct the entire amount of their renewal license fees of ten million dollars ($10,000,000) from any surcharge amount they would be obligated to pay to the State Treasury. Proposed Section 19775(d) to the Business & Professions Code.

Furthermore, the DFS Gaming Initiative fails to empower the California Department of Justice or any other state regulatory agency to review and correct the a mount of an operator’s adjusted gross online betting receipts or the surcharge amount an operator may pay to the State Treasury.

Thus, operators are granted complete discretion to calculate the amount of their gaming revenues and the amount of any surcharg e they are obligated to pay the State Treasury. The Department of Justice is only authorized to request an operator to hire a private firm to perform an audit, which may have the effect of determining conclusively that the operator accurately calculated and paid the surcharge amount. The Department is not granted authority to override the audit findings; and it is unclear whether the Department has the authority to challenge them.

The Department has the authority to adopt regulations to carry out the provisions of the Initiative, but it is not granted explicit authority to adopt regulations pertaining to the surcharge. Proposed Section 19775(f) and 19778 to the Business & Professions Code.

WILL CITIES BENEFIT?
Tribal Gaming Initiative
No.

The Tribal Gaming Initiative does not provide cities the opportunity to receive new tax revenues from licensed gambling establishments.

Furthermore, the Tribal Gaming Initiative grants new powers to Indian Tribes sufficient to drive licensed gambling establishments out of business. Licensed gambling establishments cannot compete with Indian Casinos that offer sports wagering, slot machines, craps, roulette, non - banked card games such as Blackjack and lotteries.

Finally, the Tribal Gaming Initiative authorizes any person or entity to act as a private attorney general by bringing lawsuits against licensed gambling establishments for any alleged violation of a penal code section that defines the card games permitted to be played and the card games prohibited from being played despite the fact that licensed gambling establishments play card games expressly approved for play under the penal code by the Bureau of Gambling Control in the Office of the Attorney General. Any person o r entity bringing such a lawsuit may seek civil penalties of $10,000 per violation and injunctions to close licensed gambling establishments.

These provisions shall be called the “private attorney general act” or “PAGA”.

Therefore, the Tribal Gaming Init iative contains the ability to devastate licensed gambling establishments by igniting an avalanche of frivolous lawsuits against them. It is expected that a multiplicity of such lawsuits will burry most, if not all, licensed gambling establishments and thereby end tax revenues that gaming cities have relied on to provide municipal services to their residents.

The Tribal Gaming Initiative does not contain a similar authorization to bring lawsuits against tribal casinos for any alleged violations of the Cal ifornia Constitution that authorizes and limits tribal gaming.

In the event that this Tribal Gaming Initiative and the DFS Gaming Initiative both receive voter approval, the provisions of private attorney general act (PAGA) will remain in effect – even if the DFS Gaming Initiative receives more votes.

DFS Gaming Initiative
No.

This Initiative does not grant authority to cities or licensed gambling establishments to conduct online sports betting. Thus, the DFS Gaming Initiative does not provide cities the opportunity to receive new tax revenues from online sports betting.

WILL THE PUBLIC BE PROTECTED?
Tribal Gaming Initiative
No.

The Tribal Gaming Initiative does not prohibit persons under 21 years of age from engaging in sports wagering at Indian Casinos or on Indian Lands. Persons under 21 years are prohibited from sports w agering at Racing Tracks. Only the following events are excluded from sports wagering at Tribal Casinos, Indian Lands and Racing Tracks:

High school sport or athletic event.

A sport or athletic event in which any California college team participates.

Any sport or athletic event or horse race that has been completed; and Horse races and horse race meetings authorized by Subsection 19(b).

Subsection 19(i) to Article IV of the California Constitution.

DFS Gaming Initiative
Minimal.

While persons under age 21 are prohibited from participating in online sports betting, violations by operators may be subjected to fines, probation or license revocation, but such violations are not deemed criminal. Proposed Section 19752 & 19781 of the Business & Professions Code.

Operators also are required to permit individuals to remove themselves from online sports betting. Proposed Section 19754 of the Business & Professions Code.

However, the public is granted no right to obtain information about the identity or finances of the persons who operate online sports betting in California.

The DFS Gaming Initiative contains provisions that would allow it to coexist with the Tribal Gaming Initiative in the event both initiatives receive voter approval at the November 2022 election regardless of which initiatives receives the most votes.

LOCAL GOVERNMENT AUTHORITY ON BALLOT MEASURES
Local governmental entities may expend public resources to provide factual information and analysis about the purpose, provisions, or estimated impact of bond issues or ballot measures in some circumstances. Stanson v. Mott (1976) 17 C.3d. 206; Keller v. State Bar (1989) 47 C.3d 1152; Vargas v. City of Salinas (2009) 46 Cal 4th 1.

“in Stanson we explicitly recognized that a governmental agency “pursues a proper informational role when it ... authorizes an agency employee to present the department's view of a ballot proposal at a meeting of [a private or public] organization” (Stanson, supra, 17 Cal.3d at p. 221, 130 Cal.Rptr. 697, 551 P.2d 1), thus making it clear that it is permissible for a public entity to evaluate the merits of a proposed ballot measure and to make its views known to the public. Accordingly, we agree with those Court of App eal decisions rendered after Stanson that explicitly have held that Stanson does not preclude a governmental entity from publicly expressing an opinion with regard to the merits of a proposed ballot measure, so long as it does not expend public funds to mount a campaign on the measure.” Vargas v. City of Salinas (2009) 46 Cal 4th 1, 36.

Further, the Supreme Court’s statement, in Stanson, that a government “may not ‘take sides’ in election contests” means that a public entity’s use of the public treasury t o mount an election campaign is the potentially suspect conduct rather than precluding a public entity’s analytically evaluating a proposed ballot measure and publicly expressing an opinion on its merits. Vargas v. City of Salinas (2009) 46 Cal 4th 1, 36.

CONCLUSIONS AND RECOMMENDATIONS
This comparative analysis of the competing gaming initiatives described herein as the Tribal Gaming Initiative and DFS Gaming Initiative demonstrate a profound disparity in the existence of benefits to the public versus the private benefits to gambling enterprises from these initiatives.

The Tribal Gaming Initiative benefits Indian Tribes over all other entities engaged in gaming like licensed gambling establishments and all other entities seeking to offer sports wagering like professional sport teams from major league baseball, basketball and football, etc.

Moreover, the Tribal Gaming Initiative exempts all Indian Tribal gaming revenues from state or location taxation including revenues from sports wagering.

The DFS Gaming Initiative benefits Indian Tribes with Casinos by granting them a constitutional right to conduct online sports betting exclusively over all other entities engaged in gaming like licensed gambling establishments, racing tracks and all other entities tha t may seek to offer online sports betting like professional sports teams from major league baseball, basketball, and football, etc.

In addition, the DFS Gaming Initiative exempts all Indian Tribes with Casinos from State or location taxation on all revenues from online sports betting. Instead, the state would receive the license fees paid by operators and there is a possibility of further revenue from a proposed 10% surcharge on operators appointed by the Tribes with Casinos. However, operators are permitted

to deduct the amount of all promotions, winnings and prizes paid out and licensing fee from any surcharge amount they would be obligated to pay to the State Treasury. The Initiative contemplates that an operator’s adjusted gross online betting receipts will be a negative amount, in which case the operator would pay no surcharge amount to the State Treasury. Resulting in no revenue for counties and cities for homelessness and mental health programs as advertised.

Given the diverse outcomes of these initiatives on Californians as whole and on California cities, the California Cities Gaming Authority recommend cities take a public NO position on both these sports wagering initiatives.

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 15.A
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: September 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Award Sidewalk Trip Hazard Removal Contract for the Pedestrian Safety Project FY 2022-2032, JN 513, to Southern California Precision Concrete Inc. in the Amount of $150,000 and Declare California Environmental Quality Act (CEQA) Exemption.

COUNCIL ACTION REQUIRED:

Staff Recommendation:

Award Sidewalk Trip Hazard Removal Contract
Declare CEQA Exemption
RECOMMENDATION AND STAFF SUMMARY:

There are approximately 113 center miles of roads and 226 miles of sidewalk in the City which is one of our most valuable assets. It is the City's priority to keep this infrastructure in excellent and safe condition for the residents to enjoy. The purpose of this program is to be proactive in preventative sidewalk maintenance and develop a program to minimize trip hazards and falls and meet ADA compliance. The program will also reduce the need for removal and replacement of sidewalk which is significantly more costly.

Southern California Precision Concrete Inc. provides trip hazard repair for uneven sidewalks.

Their surveying data for sidewalks is compatible with our Nobel GIS system. We will be able to use Nobel to locate all areas that have been grinded and areas for potential removal and replacement by rating the sidewalks 1 to 5 with 5 being top priority. If needed, we will schedule for removal and replacement of sidewalks that can possibly be added to future CIP projects and plan accordingly.

Southern California Precision Concrete Inc. recently did a demonstration for City Staff. Their concrete shaving technique for lifts under 2 (two) inches are ADA compliant, clean, and cost- effective. According to the demonstration, they can shave approximately 150 sidewalk locations each day with an average of 15 minutes per location depending on the severity of the sidewalk. With this new and innovative way to fix more trip hazards in a timely and costly manner, we will have a comprehensive program to address trip hazards.

The City of Carson recently requested proposals (Appendix A) in March 2022. In accordance with Gardena Ordinance No. 1780 and Gardena Purchasing Policy APP-2018-003, Section (B), the City of Gardena would like to have a cooperative and piggyback contract from the City of Carson's contract (Appendix B) that was administered in July 2022. The City of Carson's bid cost for Southern California Precision Concrete Inc. (Appendix C) is $34.95/inch foot; the City of Gardena will piggyback this rate not to exceed $150,000. We are proposing to divide the City's Annual Pedestrian Safety CIP Project to help fund the sidewalk trip hazard removal program.

Staff respectfully recommends that City Council award the sidewalk trip hazard removal contract for the Pedestrian Safety Project FY 2022-2023, JN 513, to Southern California Precision Concrete Inc. (Appendix E) in the amount of $150,000 as a new city maintenance program and declare this project to be categorically exempt under the CEQA Article 19, Section 15301, Class 1 (c), as rehabilitation of existing facilities (Appendix D).

FINANCIAL IMPACT/COST:

Budget Amount: $150,000 Measure R for one-year contract ATTACHMENTS:

Appendix A- City of Carson RFP
Appendix B- City of Carson Contract
Appendix C- Southern California Precision Concrete Bid
Appendix D- CEQA NOE.pdf
Appendix E- City of Gardena Contract

APPROVED:
___________________________________
Clint Osorio, City Manager

1 CITY OF CARSON, CALIFORNIA
701 East Carson Street, Carson CA 90745

REQUEST FOR PROPOSALS NUMBER: RFP 22-007

ON-CALL SERVICES FOR CONCRETE REMEDIATION

Issue Date: 03/24/22
Written Questions Due: 03/30/22 | 10:00 AM
City Written Responses Due: 04/04/22 | 05:00 PM
Bid Due Date: 04/11/22 | 04:00 PM

ELECTRONIC PROPOSALS MUST BE SUBMITTED

NO LATE PROPOSALS WILL BE ACCEPTED. Proposals received after the due date and time will not be considered for this project. It is the policy of the City of Carson to reject any proposal that is received late.

(1) REGISTER AS A VENDOR AND SUBMIT ELECTRONIC PROPOSALS AT:
https://www.planetbids.com/portal/portal.cfm?CompanyID=32461

2 REQUEST FOR PROPOSAL RFP NO. 22-007

Table of Contents
A. Summary 3
B. Mandatory Pre-proposal Meeting 4
C. Proposal Submittal 4
D. Questions and Addendums 5
E. Proposer Qualifications 6
F. Procurement Location and Schedule 6
G. Other Requirements 7
H. Cost Proposal 7
I. Proposal Opening, Document Review, and Award of Contract 7 Project Scope and Specifications 9
Public Works Agreement 11

ADDITIONAL DOCUMENTS AVAILABLE ON PLANETBIDS AS DOWNLOADS

1. Affidavit of Non Federal Lobbyist Requirements

2. Certificate of Compliance with Labor Code Section 3700

3. Debarment and Suspension Certification

4. Affidavit of Non-collusion and Non-discrimination

5. Client Reference List
3 A. SUMMARY

The City of Carson requests proposals for the remediation of the City’s concrete assets which include 10 million square feet of sidewalks, curb and gutter, ramps and driveway approaches.

Successful contractors shall provide the City with materials, experienced staff and demonstrate the ability to provide services for concrete repair and maintenance. The full scope of work and location are listed in the Project Scope and Specifications.

The City intends to award a 1-year contract.

The City of Carson reserves the right to make changes in the Request for Proposal as it may deem appropriate. Any and all changes in the Request for Proposal shall be made by written addendum, which shall be issued to all prospective proposers who have been issued or obtained a copy of t he Request for Proposal. No oral changes will be permitted. Addendum issued during the proposal process will become a part of the original proposal. All request for proposals must be submitted by the date and time established for the opening of request f or proposals. Requests for proposals submitted after the date and time established for the opening of request for proposals will be returned unopened to the sender. The City of Carson reserves the right to take any action considered to be in the best interest of the City of Carson.

A proposal may be withdrawn prior to the opening of proposals without prejudice upon written request to the Purchasing Office. No proposal may be withdrawn for a period of ninety (90) days once proposals have been opened by the Purchasing Manager.

No contract exists on the part of the City until the City Council has made the award and a purchase contract has been fully executed. The award, if made, will take place approximately within ninety (90) calendar days after the scheduled proposal opening date.

The City reserves the right to reject any and all proposals received or any parts therein, and to be the sole judge of the merits of each proposal received.

This RFP does not commit the City of Carson to award a contract or to pay any cost incurred in the preparation of any response to the RFP. All responses to this RFP become the property of the City. At such time a selection is made, all responses submitted become a matter of public record and shall be regarded as such, with the exception of those elements in responses which are defined by the contractor as business or trade secrets, and marked "Trade Secret," "Confidential," or "Proprietary," or if disclosure is required under the Public Record Act. Any changes to the RFP requirements will be made by addendum.

Unless expressly stated otherwise, documents must be uploaded in PDF format. It is the Proposer’s responsibility to ensure their proposal documents are properly and timely uploaded onto the City’s online bid management system. Proposals that are missing pages, cannot be opened, etc. may be considered nonresponsive. It is the Proposer’s sole responsibility to contact the City’s online bid management provider (Planet Bids at 818-992-1771) to resolve any technical 4 issues related to electronic bidding, including (but not limited to) registering as a vendor, updating passwords, updating profiles, uploading/downloading documents, submitting an electronic bid/proposal, etc. All questions or requests for interpretation regarding this RFP solicitation must be submitted online through Planet Bids within the date and time specified. Proposers are not to contact City personnel or Elected Officials with any questions or clarifications concerning this RFP other than through Planet Bids. Any City response for this RFP that is not posted through Planet Bids is unauthorized and will be considered invalid. Proposer is solely responsible for “on time” submission of their electronic bid. The Bid Management System will not accept late bids and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those bids that were transmitted successfully.

NOTE: E-Bids are sealed and cannot be viewed by the City until the closing date and time. If you need to withdraw your bid, you may do so any time before the bid deadline, by going back into the system and selecting “withdraw”.

B. MANDATORY PRE-PROPOSAL MEETING

Pre-proposal meeting or job walk mandatory: NO
Pre-proposal meeting or job walk time: N/A
Pre-proposal meeting or job walk location: N/A

Pre-proposal meetings are held for the purpose of answering proposer questions. If a pre- proposal meeting is mandatory, then the City will not accept proposals from those who arrive late or do not attend. Arrive early, plan accordingly, and provide a business card to the City employee. A sign- in sheet will be available. Proposers are to meet at the location as listed, if applicable.

C. PROPOSAL SUBMITTAL

The proposals must be submitted electronic format only.

Proposals must also submit electronically on Planet Bids no later than 04/11/22 | 04:00 PM .

Please allow sufficient time to prepare and upload your documents into the electronic bid system prior to the deadline, as the system will lock and not allow entry of proposals after the designated deadline. Any technical questions regarding use of Planet Bids must be directed to Planet Bids.

The Proposal must include the following sections, numbered in accordance with the table below.

Every Proposal must include the Proposer’s name and the City’s Request for Proposal No. 22- 007.
5 Required Proposal Sections and Documents
1 Company Certification and Personnel Verification
Certification, on company letterhead that the person submitting the proposal is authorized to contract on behalf of the prospective contractor.

Examples of authorized persons include owner, partner, or corporate officer. Include name, title, address, and contact information. If proposer is a corporation, certification should include statement that corporation is in good standing with the California Secretary of State. Include general company information and resumes of personnel
to be assigned to the engagement

Required
2 Subcontractor List (if applicable)
Include the subcontractor’s qualifications and the nature and extent of work to be performed by each subcontractor
Required if
Applicable
3 Cost Proposal
Include all pricing information relative to the engagement on the Project Scope and Specifications Cost Table

Required
4 Client Reference List
Governmental entities preferred. Include client contact information and a brief description of the service provided to each client. Minimum of 3 references for work performed within the last 3 years in (download from PlanetBids)

Required
5 Modification, Changes or Exceptions to the City Public Works Agreement Template
Exceptions to the specifications of any proposed items, contract terms and conditions shall be fully described and stated in writing in Public Works Agreement

Required if
Applicable
6 Affidavit of Non-Collusion and Non-Discrimination (download from PlanetBids)

Required
7 Federal Lobbyist Requirements (download from PlanetBids) Required 8 Debarment and Suspension Certificate (download from PlanetBids) Required 9 Certificate of Compliance with Labor Code Section 3700 (download from PlanetBids)
Required if
Applicable

D. QUESTIONS AND ADDENDUMS

All project scope questions must be posted to Planet Bids by the due date listed on the cover page of this Invitation. The City will coordinate responses and post them to Planet Bids 5 days prior to the bid deadline for all interested proposers to review. 6 The City’s Planet Bids portal:
https://www.planetbids.com/portal/portal.cfm?CompanyID=32461

If discrepancies or omissions are found for this document, the City reserves the right to make such changes as deemed appropriate. Any such changes will be by written addendum, which will be posted to Planet Bids no later than 5 days prior to the proposal deadline. The City reserves the right to extend the proposal deadline.

Type of Question Contact Contact Info
1 Those related to the Project Planet Bids Post directly to Planet Bids 2 Use of Planet Bids Planet Bids (818) 992-1771
3 City’s Purchasing Process Shelly Root
Acting Purchasing Manager
[email protected]
(310) 830-7600 ext.1231

Proposers shall not contact other City employees or elected officials during the proposal process.

E. PROPOSER QUALIFICATIONS

Proposers who do not meet the minimum qualifications will be disqualified.

Awarded contractor and subcontractors (if applicable) must pay the City’s business license tax and submit required insurance documents prior to execution of the contract.

Minimum Qualifications:

1. Have at least 5 years of experience in conducting the specific type of services required herein and 3 years of experience performing for government entitles.

2. Have the necessary resources, knowledge, skills, experience and the like to provide the required services

3. Have financial stability and the necessary financial resources to provide the required services

F. PROCUREMENT LOCATION AND SCHEDULE

Job location: Citywide
Job Work Schedule: To be determined upon contract award

Anticipated Procurement Schedule
1 Award of Contract 04/2022
2 Contract Execution & Notice to Proceed 04/2022
3 Begin Engagement 04/2022
4 Complete Engagement 04/2023
7 G. OTHER REQUIREMENTS

The City’s form contract is required (see Public Works Agreement). Specific requirements are outlined in the form contract.

Prevailing Wage Required: YES
Performance Bond Required: 100%
Payment Bond Required: 100%

The majority of the work as required herein must be performed by the awarded contractor. The work may not be subcontracted to another contractor unless the subcontractor has been included in the Proposal, or a substitution has been approved in writing by the City’s Contracting Officer in advance of work performed.

H. COST PROPOSAL

Contractors must provide everything necessary at their own expense including, but not limited to labor, materials, and equipment required to perform and complete the required work.

The lump sum proposal price must include all necessary labor, materials, and fees to complete the work required by Project Scope and Specifications. Permits, licenses and fees must be obtained at the awarded Contractor’s sole expense. Federal taxes must not be included, as the City is exempt from paying federal taxes. However, the City does pay Sales Tax on the purchase of items, which must be included as a separate line within the total proposal price.

The following costs will not be allowed: additional charges such as fuel surcharges and mileage rates, fines, entertainment, advertising, and any costs considered inappropriate for reimbursement from taxpayer money.

I. PROPOSAL OPENING, DOCUMENT REVIEW, AND AWARD OF CONTRACT

All proposals will be opened publicly in the Office of the City Clerk on the date and time noted on the Notice of Request for Proposals. Proposals will be considered confidential until a contract recommendation is made to City Council.

Proposal documents that are submitted on time and meet the minimum requirements outlined above will be reviewed by City staff, which will make a recommendation to the City Council to either reject all proposals or award a contract. Evaluation criteria will include qualifications, experience, price and past performance; and will be based on guidelines in the City’s Municipal Code (CMC §2611(b) (c).

The City may hold interviews with respondents prior to a final section of the project contractor.

Such interviews may be conducted in person or by electronic means. The City reserves the right 8 to make such additional investigation as it deems necessary to establish the competence and financial stability of any firm submitting a proposal. No contract exists until the City Council has made the award, and the contract has been fully executed.

The City of Carson reserves the right to reject the proposals, request additional information or take any other action considered to be in the best interest of the City of Carson.

Specific Evaluation Criteria For Award of Contract Will Be As Follows:

The minimum qualifications and award consideration based upon the following criteria:

1. City will review the Proposers Qualifications to determine if the Proposer meets or betters the minimum requirements as detailed above.

2. Only Proposers that meet or better the minimum requirements will have their Proposals reviewed for consideration.

3. Only Proposers that are deemed in the competitive range will be considered for presentation, interview, and Best and Final Offer if so required by City.

4. Only the best-qualified Proposer will be considered for final negotiations of fee/price, scope of services, contract, and award recommendation.
5 The selection of Proposer will be based upon the following criteria:
a. Ability to perform the specific tasks outlined in the RFP b. Qualifications of specific individuals who will work on the project c. Amount of time and involvement of key personnel who will be involved in respective portions of the project
d. Reasonableness of the fees requested to do the work
e. Demonstrated record of success on work previously performed f. Specific method and techniques to be employed on the project g. Any other criteria prescribed in this RFP for the required services including any presentations, interviews, and changes in Scope of Services requirements, if so required by City
9 PROJECT SCOPE AND SPECIFICATIONS
Services for Concrete Remediation

Services include the remediation of concrete sidewalk trip hazards from 1/2” and up to 2” in pre- designated work areas within the City of Carson. Remediation services must remove trip hazards completely, from one end of the raised sidewalk joint to the other, if applicable, leaving zero point of differential between concrete slabs. Any panels inspected and deemed not to be at a zero point of differential will be repaired to the required specifications.

Remediation service may not cause any damage to landscaping, retaining walls, curbs, sprinkler heads, utility covers or any other objects adjacent to sidewalks. The service provided must repair each sidewalk trip hazard without damage or visible markings to adjacent slab(s) or curb(s).

Equipment / Process Required

Contractor must use a horizontal saw cutting technique that guarantees a planar surface after cutting.

Contractor must guarantee specified repair slope (1:8 or 1:12 based upon requirements outlined by the City) is achieved. If defined slope is not achieved, contractor must repair to specification at no additional charge within 24 hours of discovery.

No water -cooling is allowed which creates slurry and contaminates storm drains and causes excessive environmental impact. Contractor must use a dust abatement system that limits the dust emitted from the cutting.

Contractor must guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a coefficient of friction of at least 0.6 and show via previous testing that the technique used yields the specified coefficient of friction.

The hardware must be flush to the ground and cap able of working at any angle and perform trip hazard removal in hard-to-reach areas, around obstacles, on narrow walkways, next to fences and retaining walls or buildings.

Grinding or pulverization of the concrete is NOT acceptable or allowed, causing micr o-cracks or weakening the concrete panel. Contractor’s trip hazard repairs may not leave ridges or grooves that could hold water and prevent drainage of rain water or irrigation.

Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.

A dust abatement system must be used to limit the dust being emitted.

All clean-up services must be included in the quotation price and may not be charged at an additional rate.

All clean- up will consist of full clean - up of all debris after each concrete shaving is performed. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately.

Data Collection

A data collection device that records the details of the work and transmit the data electronically. The recording device must be able to record sizes of trip hazards, GPS coordinates, hazard locations plotted to a 10 map, address, and also provide this data electronically in order to integrate into a GIS system. Contractor shall submit a detailed invoice setting forth the services performed in accordance with the formula for saw cutting calculations. All invoices must show the cut depth, size, length, width and address location.

The City of Carson will randomly inspect repairs to ensure the repair specifications are being met. If less than 95% of the inspected repairs meet the repair specifications, further inspection will be completed to determine the actual quantity of failed repairs. The contractor at no cost to the City is responsible to fix any failed repairs. The City of Carson will not pay for services that do not meet the repair specifications set out in this RFP.

COST TABLE

Billing Units: Services are billed in “Inch Feet”. An inch foot is calculated by measuring the average height of the sidewalk off -set and multiplying this average by the length of the cut.

Example (1): A sidewalk off-set on a 4-foot wide sidewalk that consists of a 0.5” rise on one side and tapers down to a zero rise on the other is calculated as follows:
((0.5” + 0.0”)/2) x 4’ = 1-inch foot

Example (2): A sidewalk off-set on a 4-foot wide sidewalk that consists of a 6” rise on one side and tapers down to a 0.5” rise on the other is calculated as follows

((6” + 0.5”)/2) x 4’ = 13-inch foot

SIDEWALK TRIP HAZARD REPAIR PER

INCH FOOT
UNIT PRICE $ PER INCH
FOOT
Include hourly rates for additional work which
may be authorized by the City’s Contract
Officer.

11 SAMPLE ONLY

DO NOT COMPLETE

FORMAT SUBJECT TO CHANGE

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF CARSON AND

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this day of , 2022 (“Effective Date”) by and between the City of Carson, a California charter city (“City”) and , (“Contractor”). City and
Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS

A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the City of Carson Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled
(“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, any applicable Project Labor Agreement, and any other 12 documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions 2018 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.

(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.

(b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement.

(c) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing ra te of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq. ), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.

(d) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 13 (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.

(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.

(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
14 1.4 Compliance with Project Labor Agreement

If and to the extent that the work to be performed under this Agreement is within the scope of the City’s Project Labor Agreement, which was fully executed as of March 4, 2020, by and between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions (the “Project Labor Agreement”), City and Contractor acknowledge and agree that Contractor is required to comply with the provisions of the Project Labor Agreement, and that in the event of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Agreement shall supersede and take precedence over the conflicting provision(s) of this Agreement.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agree ment, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.7 Discovery of Unknown Conditions.

(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of a ny: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, diff erent from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.

(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
15 (c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any s cheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.8 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.9 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.10 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof 16 to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove e quipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.11 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten ( 10) days after being notified in writing by the City of any defect in the work or non- conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement . All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.12 Additional Work and Change Orders.

(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the 17 time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.

(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer.

Any greater increases, taken either separately or cumulatively, must be approved by the City Council.

(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:

(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.

(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower.

(iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.

(d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.

(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 18 1.13 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall r eceive total compensation of
(“Contract Sum”) for completion of the work.

2.2 Invoices.

Dollars ($
Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment wil l occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice 19 provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Substitution of Securities.

(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.

(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities.

The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within ( ) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire two (2) years following the Effective Date or upon City’s acceptance of the Project, whichever occurs first.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of 20 this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code secti on 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Final Acceptance.

Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.

As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)
21 (Name) (Title)

The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contract or shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or 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. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be or any other person as
may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not 22 in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

(a) General liability insurance . Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident.

(c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
23 (d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub- limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.

If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.

(e) Pollution Liability Insurance . Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

5.2 General Insurance Requirements.

(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each 24 subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.

(b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors.

(d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.

(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific 25 reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

(i) Notice of Cancellation . Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

(j) Additional Insured Status. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

(l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

(m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

(n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.

(o) Self-Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.

(p) Timely Notice of Claims . Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance 26 under this Agreement, and that involve or may involve coverage under any of the required liability policies.

(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third -party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Payment Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the following bonds:
27 (a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section

2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on the applicable forms provided in Exhibit “C” and Exhibit “D” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a cer tified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they ar e of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City.

5.7 Release of Securities.

City shall release the performance bond and payment bond when the following have occurred:

(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement;

(b) the Project has been accepted; and

(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project 28 Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events th at may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
29 6.4 Confidentiality and Release of Information.

(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.

(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena.

(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.

(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT; DEFAULT, SUSPENSION AND

TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter ar ising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California, in the County of Los Angeles, State of California.

7.2 Default of Contractor.

Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 30 City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a sat isfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7.3 Suspension and Termination.

(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice.

Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.

7.4 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judi cial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:

(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, 31 and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

(b) Supporting Documentation. The Contractor shall submit all claims in the following format:

(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.

(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.

(iii) Chronology of events and correspondence related to the claim.

(iv) Statement of grounds for the claim.

(v) Analysis of the claim’s cost, if any.

(vi) Analysis of the claim’s time/schedule impact, if any.

(c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the cl aim will be processed and made within 60 days after the City issues its written statement.

(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

(ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

(iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in 32 writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

(i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

(iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

(f) City’s Responses . The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

(g) Government Code Claims . If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra 33 work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite cont ractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.

(h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:

(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Co ntract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.

(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.

(iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
34 7.5 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.6 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.7 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement.

This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times 35 avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of 36 Carson, 701 E Carson Street, Carson, California 90745 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not includ e interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor 37 warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

[SIGNATURES ON FOLLOWING PAGE]
38 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY: CONTRACTOR:

CITY OF CARSON, a California charter
city

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
*By:

Name:

Title:

*By:

Name:

Title:

Address:

Sunny Soltani, City Attorney

*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 01007.0006/683239.1 rjl

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER

SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
01007.0006/683239.1 rjl

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER

SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
A-1 01007.0006/683239.1 rjl

EXHIBIT A
CONTRACTOR’S BID
A-2 01007.0006/683239.1 rjl

A-3 01007.0006/683239.1 rjl

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.

A-4 01007.0006/683239.1 rjl

EXHIBIT C

PERFORMANCE BOND

We, , as Principal, and , as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of U.S. Dollars and Cents ($ ) . City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

A-5 01007.0006/683239.1 rjl

Executed this day of , .

Seal of Corporation

By:

Authorized Representative of Principal

Title:

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( )
[name of surety company]

Name Street Number

Street Number City and State

City and State Telephone Number

Telephone Number
By:

Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

A-6 01007.0006/683239.1 rjl

EXHIBIT D

PAYMENT BOND

We, , as Principal, and , as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of U.S. Dollars and Cents ($ ) . City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement. If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.

Executed this day of , .

Seal of Corporation
By:

Authorized Representative of Principal

Title:

A-7 01007.0006/683239.1 rjl
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( )
[name of surety]

Name Street Number

Street Number City and State

City and State Telephone Number

Telephone Number
By:

Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement. ,f.�LIBn w vTl<>---
To Whom It May Concern:
13089 #C235 Payton Dr, Chino Hills, CA 91709
P: (909) 539-7740 F: (909) 628-7946
www.SafeSidewalks.com
This is certification that the person submitting the proposal is authorized to contract on behalf of the Precision Concrete Cutting.

Ronald Duma, President
Precision Concrete Cutting
[email protected]
909-539-77 40
Exhibit No. 2

ON-CALL SERVICES FOR
CONCRETE REMEDIATION RFP 22-007
Presented to: CITY OF CARSON
701 E. CARSON STREET
CARSON CA 90745
April 3rd 2022
CONTACT: VERONICA RODRIGUEZ
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project. Any copying or unauthorized disclosure of this information is prohibited.

INTRO LETTER
Dear Ms. Rodriguez,
From 2007, Precision Concrete Cutting (PCC) of Southern California worked with many cities, inspecting and repairing over 100,000 sidewalk panels around Southern California without a single safety incident. This experience has granted us the unique opportunity to fully recognize what it is like to work in the City of Carson and interact with the community. Ron Durna will be the foreman during this time and will be the Project Manager if award the RFP. PCC can meet all the contract requirements and specifications outlined in the RFP for Sidewalk Trip Hazard Remediation.

Precision Concrete Cutting of Southern California has been operating for more than 15 years. Its Senior Management is based here in Southern California, possessing a combination of 30+ years in service, project implementation, and business management on an executive level. In its operating years, Precision Concrete Cutting has led the company to build a clientele of over 500 and completing more than 1000 projects repairing trip and fall hazards.

The management team is complemented by an elite team of professional repair and survey technicians, who work in crews to inspect and repair sidewalks. In their artisan roles, each must achieve an immense level of craftsmanship, perform consistently at a physical demanding level, all while being meticulous in calculating and recording repair specifications. In addition, each technician provides a courteous, pleasant interface with members of business and residential communities they meet in their day-to-day activities -- to deliver the results expected by clients.

If awarded the contract for RFP Sidewalk Trip Hazard Remediation, Precision Concrete Cutting will deploy personnel who are experienced in operating with cities of all magnitudes. Their experience will enable a swift yet efficient start for the service delivery of this contract.

The team members assigned and responsible for the City of Carson’s projects, have many years of experience working in the area, along with other municipalities ranging from state capitals to small towns. Each technician is experienced in collaborating on projects as complex as: light rail train systems, city hazards, elevation correction per drainage issue and/ or repairing decades of work order backlogs for municipal clients. They are trained in the consideration of how to operate in sensitive business districts, pedestrian/resident inquiries, and customer communications.

Our experience and delivery of end-to-end sidewalk inspection and repair services has resulted in multi-year agreements with large municipal customers, universities, housing authorities, property management firms and private companies.

Should the City choose Precision Concrete Cutting, we promise to continue our commitment to excellence and quality. We will deploy only our most experienced and skilled technicians. As our track record has proven, we promise to provide the citizens of Carson with the quality of service that they have grown to expect.

ABOUT PRECISION CONCRETE CUTTING
PCC is the leader in uneven sidewalk repair
•Founded in 1992, branches throughout the US
•Developed a process to overcome the
limitations and poor results from other methods
•Awarded 5 patents by the US patent and
trademark office
•PCC offers this services throughout the US and
Canada
•Working with 100s of cities, counties, and
property managers throughout California

WHAT WE DO
We help cities keep their sidewalks safe, accessible, and ADA compliant while managing tight budgets.
• Sidewalk safety, accessibility, and risk management are top priorities because of recent national and state court rulings.
• The question for City Managers is how to manage sidewalk maintenance and risk within the constraints of your budgets.

OUR SOLUTION
We offer the most cost effective solution for maintaining your sidewalks.

Provide comprehensive Sidewalk Assessment Surveys using our specialized GPS survey software to identify the problem and provide an in-depth report and recommendations.

Offer a unique Uneven Sidewalk Repair service that stretches your budget, meets your ADA requirements, and removes your risk of liability.

Offer a city wide Sidewalk Repair and Maintenance Programs tailored to your needs and budget constraints.

COMPREHENSIVE SIDEWALK SURVEYS
City of Commerce
inspection report
Map of hazard
location Emil Avenue

LEADING UNEVEN SIDEWALK REPAIR
The benefits of our service include
• Substantial budget savings over other methods
• Guaranteed ADA and OSHA Compliance
• Reduced liability risk
• A clean, attractive finish
• Quick removal with little disruption in service
• Safe and longer lasting sidewalks
• Satisfied community members
WHY WE DON’T GRIND
• Grinding often damages the concrete (breaks edges, knocks out aggregate, scars adjacent panels, creates micro cracks).
• Often unsightly (leaves a rough, uneven scarring)
• Difficult to comply with the ADA slope requirements
• Hard to use on larger trip hazards (over 1 inch)
• Unable to remove hazards next to objects
• Very slow process and generates lots of dust
• Has no cost advantage

LEADING UNEVEN SIDEWALK REPAIR
Rather than grind down trip hazards or replace the sidewalk, we cut trip hazards with precision diamond saws.
•Proven patented diamond saw cutting method
-completely removes difference in vertical elevation of greater than 1/4 inch to 2 1/2 inches between panels. Saves more sidewalk.
•Superior results compared to unsightly grinding and asphalt patching - Lower Risk through full compliance with ADA and OSHA requirements. - Aesthetics more correct for city residents & visitors, no ugly grinds or asphalt ramps.
•Remove sidewalk hazards quickly, with little disruption of foot traffic - up to 150 repairs per day.

PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

PRECISION CONCRETE CUTTING DIFFERENCE

REPAIR SPECIFICATIONS

1. Hazards removed from the full length of the panel (full edge-to-edge repair).

2. Sidewalks repaired at a slope of 1:8, in compliance with ADA requirements.

3. Handicap ramps or special areas repaired at a slope of 1:12, in compliance with ADA requirements.

4. Debris from repaired areas collected and removed.

5. A dust abatement system used during all repair operations.

6. The repaired areas are smooth and uniform with a coefficient of friction exceeding OSHA requirements for public walkways.

7. A detailed, audit-able invoice is presented for every repair.

CURRENT REPLACEMENT REPAIR METHOD
Coverage Limited by Budget Allocation
1/2 to 1 inch high
Asphalt Ramp or Grind
1 to 1 1/2 Inches High
Replace
1 1/2 to 2 Inches High
Replace
Above 2 Inches High
Replace
$25 - $50 per
location
$3,000 - $5,000 per
location
$3,000 - $5,000 per
location
$3,000 - $5,000 per
location
$$$ BUDGET & TIME INTENSIVE - $$$ LIABILITY RISK

STRETCH YOUR BUDGET
Precision Saw Cutting can repair more at a fraction of the cost of replacement 1/2 to 1 inch high
Repair by Precision Saw
Cutting
1 to 1 1/2 Inches High
Repair by Precision Saw
Cutting
1 1/2 to 2 Inches High
Repair by Precision Saw
Cutting
Above 2 Inches High
Replace Temporary
Asphalt
$25 - $50 per
location
$50 - $100 per
location
$100 - $200 per
location
$3,000 - $7,000
per location

REPAIR MORE SIDEWALK & REMOVE LIABILITY

PRECISION SAW CUTTING SOLUTION
80% of problems addressed by low cost saw cutting ~ $25 - $200 per location Precision Saw Cutting sidewalk panels for changes in elevations up to 2 1/2 inches high
•Repair 10 times as much sidewalk as removal and replacement •Better use of city assets, save more of the sidewalk
20% addressed by higher cost replacement ~ $3000 - $5000 per location •Replace sidewalk panels with changes in elevation between panels above 2 1/2 inches
•Saves budget for more repairs of severe problems
•Only replace when absolutely necessary

MAINTENANCE & RISK MANAGEMENT PROGRAM
Proposed Annual Sidewalk Maintenance Program
•Sidewalk Survey
- Annual, bi-annual, quarterly inspection
- Specify problems and recommended actions to be taken. - Prioritize the areas and problems to be resolved
- Size and severity of hazards, high traffic areas
- Identify repairs to be accomplished by saw cutting
- Recommend areas to be demolished and replaced
•Remove the existing trip hazards by Saw Cutting up to 2 1/2 inches in height - Fixed budget “not to exceed” per month, quarter, year - Quickly reduces Liability Risk
- Lowest overall cost
- Minimizes the amount of costly replacement
- Maximizing the useful life of the existing sidewalk
- Maximize the amount of sidewalk restored
- Stretching budget dollars over more miles of sidewalk •Remove and Replace areas not recommended for saw cutting - Maximizes the repair of locations that truly needs to be replaced CASE STUDY: WESTWOOD VILLAGE
•Removed 496 sidewalks trip hazards of the 615 existing trip hazards identified
-completely removed difference in vertical elevation of 1/2 inch to 2 1/2 inches between panels -recommended only 91 areas for removal and replacement
•Project completed quickly, with little disruption of foot traffic - only 30 days to complete, work completed in non-peak hours •Substantial budget savings
-Save more than $107,000 in demolition and replacement costs -extended the useful life of existing sidewalks for many years •Superior results compared to grinding and asphalt patching -In full compliance with ADA and OSHA requirements.
-aesthetics more correct for Westwood Village, no ugly grinds and less asphalt ramps • 80% of problems addressed by low cost methods - $25 -$300 per location • 20% addressed by high cost methods - $3000-$5000 per location

OUR SURVEYS

CITYWIDE SIDEWALK ASSESSMENT
•Inspection of sidewalks within the public right-of-way, commercial/residential driveway approach.
• Scope of Work as agreed by City and Precision Concrete Cutting (PCC). • Risk factors & distress items are collected over a period as agreed by the City and PCC. • All data is recorded in the Sidewalk Assessment Report as agreed by the City and PCC. • Data summarized by street segments and itemized by physical address, GPS location, the size of the “ Hazard”, the severity of the hazard (amount of risk) and “Condition” (type of repair).
• Recommended action provided for each location including repair method. • Maps are created by street segment that display the itemized hazard location color coded by priority as Less Severe (yellow), Severe (orange), and Most Severe (red). • Photographs can be taken of damaged areas as agreed by the CITY and PCC.

SIDEWALK ASSESSMENT SURVEYS

APPROACH
• Simple and fast
• Survey resources will include experienced surveyors/data collectors, • Specialized data collection and GPS mapping program
• Data processing technicians
• Scope of Work customized to meet City requirements

CITYWIDE SIDEWALK ASSESSMENT

FOCUS ON THE FOLLOWING AREAS OF SIDEWALK MAINTENANCE

SIDEWALK CONDITION
Sidewalk condition is a measurement of physical distresses such as spall surfaces, cracks, heaving, and settling. Spalling is the result of environmental exposure of inferior workmanship or materials.

Cracking is a sign of premature failure that is often the result of excessive loads from heavy construction equipment, settling due to poor trench compaction or heaving caused by tree roots.

SIDEWALK TRIP HAZARDS
Trip hazards are vertical faces that present the opportunity for the unaware or impaired person to catch their toe. The trip faces that are between 1/2” and 2” are considered more dangerous than larger separations. Trips are often repaired one of two ways: trips under 2 " inches in height are cut off and feathered back at ADA standards, larger trips are totally removed and replaced with new concrete.

CITYWIDE SIDEWALK ASSESSMENT
Sidewalk Trip Hazards.

Sidewalk trip hazards are recorded and divided by the size of the vertical face exposed. We have grouped the surveyed hazards into the following three classes.

Hazard Classes
Less Severe (small) Above 1/4” high to 1/2”
Severe (medium) 5/8” high to 1”
Most Severe (large) Above 1” high to 2 1/2”
We recommend the repair of trip hazards by saw cutting for all hazards 3/8” to 2 "” high to save cost and extend the useful life of the existing sidewalk. Larger trips (above 2 "”) and are best resolved by the removal and replacement of the entire panel. The cutting of individual trip hazards can be scheduled to incrementally address the most hazardous areas first. The “remove and rep EXAMPLE: SIDEWALK ASSESSMENT MATRIX

EXAMPLES: ITEMIZED MAPS OF GPS LOCATIONS
Map of hazard location Emil Avenue
EXAMPLES: ITEMIZED PICTURES OF LOCATIONS

PCC - Safe Sidewalks

SUMMARY
For changes in elevation of sidewalk panels range between 1/4 inch and 2 1/2 inches, Saw Cutting is the most cost effective method to maintain your sidewalks and reduce your risk. • Complies with ADA standards for removal and slopes
• Meets OSHA recommended standards for slip resistance
• Appears clean and neat
• Cuts precisely removing trip hazards in difficult-to-reach places • Removes hazards quickly
• Stretches budgets by lengthening the life of concrete sidewalks that might otherwise be replaced.
• Saves Our Customers thousands of $$$ in sidewalk repair and maintenance and liability cost.

PCC - PROPOSAL AND PRICING
Billing Units: Services are billed in “Inch Feet”. An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying this average by the length of the cut. Example: A sidewalk off-set on a 4-foot wide sidewalk that consists of a 0.5” rise on one side, and tapers down to a zero rise on the other is calculated as follows:
.05” + 0” / 2 * 4’ = 1- inch foot
SIDEWALK ASSESSMENT SERVICES UNIT PRICE $495 PER SIDEWALK MILE SIDEWALK TRIP HAZARD REPAIR PER INCH FOOT UNIT PRICE $34.95 PER INCH FOOT

PCC - REFERENCES

CITY NAME AND DEPARTMENT CITY OF COMMERCE
ADDRESS 2535 COMMERCE WAY
CITY, STATE, ZIP COMMERCE CA 90040

CONTACT NAME AND TITLE HECTOR OROZCO
CONTACT PHONE NUMBER 323.216.0173

PROJECT ANNUAL SIDEWALK REPAIR PROJECT

CITY NAME AND DEPARTMENT CITY OF CYPRESS
ADDRESS 5285 CYPRESS ST.

CITY, STATE, ZIP CYPRESS CA 90630

CONTACT NAME AND TITLE JOSE GUERRA
CONTACT PHONE NUMBER 714.229.6760

PROJECT VARIOUS LOCATIONS PROVIDED BY CITY STAFF

CITY NAME AND DEPARTMENT CITY OF COMPTON
ADDRESS 205 SOUTH WILLOWBROOK AVE.

CITY, STATE, ZIP COMPTON, CA 90220

CONTACT NAME AND TITLE JOHN STRICKLAND
CONTACT PHONE NUMBER 310.605.5505

PROJECT ANNUAL SIDEWALK REPAIR PROJECT

CONTACT US
Trip Hazard Removal Specialist for
Los Angeles and San Gabriel Valley

PRECISION CONCRETE CUTTING
13089 PEYTON DR #C235
CHINO HILLS CA 91709
PHONE: 909-539-7740
DIR NUMBER: 1000003322
CONTRACTOR LICENSE NUMBER: 925449
[email protected]
www.safesidewalks.com

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

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.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

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(ies) must 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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
3/31/2022
Burnham WGB Insurance Solutions
CA Insurance License 0F69771
15901 Red Hill Avenue
Tustin CA 92780
Andrea Martin
714-824-8371
714-573-1770
[email protected]
StarStone National Ins Co
25496
SOUTH47
Insurance Company of the West
27847
Southern California Precision Concrete, Inc.

Dba Precision Concrete Cutting
32428 Campo Drive
Temecula CA 92592
Mesa Underwriters Specialty
36838
American Fire and Casualty Co
24066
2130980279
C
X
1,000,000
X
100,000
5,000
1,000,000
2,000,000
X
X
Deductible
MP0104016000189
5/15/2021
5/15/2022
2,000,000
2,500
D
1,000,000
X
BAA57604891
10/26/2021
5/15/2022
A
X
X
2,000,000
72775T214ALI
2,000,000
5/15/2021
5/15/2022
B
WSD504819902
6/2/2021
6/2/2022
X
1,000,000
1,000,000
1,000,000
The City and its officers, officials, employees, and agents and colunteers are named as additional insured on the General Liability per attached MUS 01 01 20128 0316 and CG2037 and on the Auto Liability per attached AC 85 43 06 18 as required by written contract subject to the terms and conditions of the policy.

Waiver of Subrogation applies to the General Liability per attached MUS 01 01 20128 0316 Waiver of Subrogation applies to the Auto per attached AC 85 43 06 18 Waiver of Subrogation applies to the Workers' Compensation per attached WC 99 06 34 City of Carson
701 East Carson Street
Carson CA 90745

Each “project” covered by this policy is subject to a separate General Aggregate limit per the terms of this endorsement. It is further agreed that the maximum aggregate limit that this policy shall be subject to is $5,000,000 regardless of the number of claims or locations covered.

DESIGNATED CONSTRUCTION PROJECT(S)

GENERAL AGGREGATE LIMIT
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Project(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I – Coverage A, and for all
medical expenses caused by accidents under
Section I – Coverage C, which can be attributed
only to ongoing operations at a single designated
construction project shown in the Schedule
above:

1. A separate Designated Construction Project
General Aggregate Limit applies to each des-
ignated construction project, and that limit is
equal to the amount of the General Aggregate
Limit shown in the Declarations.

2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, ex-
cept damages because of "bodily injury" or
"property damage" included in the
"products-completed operations hazard", and
for medical expenses under Coverage C re-
gardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated Con-
struction Project General Aggregate Limit for
that designated construction project. Such
payments shall not reduce the General Ag-
gregate Limit shown in the Declarations nor
shall they reduce any other Designated Con-
struction Project General Aggregate Limit for
any other designated construction project
shown in the Schedule above.

4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.

However, instead of being subject to the Gen-
eral Aggregate Limit shown in the Declara-
tions, such limits will be subject to the applica-
ble Designated Construction Project General
Aggregate Limit.

B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I – Coverage A, and for all
medical expenses caused by accidents under
Section I – Coverage C, which cannot be attrib-
uted only to ongoing operations at a single desig-
nated construction project shown in the Schedule
above:

MP0104016000189

INSURED

1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and

2. Such payments shall not reduce any Desig-
nated Construction Project General Aggre-
gate Limit.

C. When coverage for liability arising out of the
"products-completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations Ag-
gregate Limit, and not reduce the General Aggre-
gate Limit nor the Designated Construction Proj-
ect General Aggregate Limit.

D. If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contract-
ing parties deviate from plans, blueprints, de-
signs, specifications or timetables, the project will
still be deemed to be the same construction proj-
ect.

E. The provisions of Section III – Limits Of Insur-
ance not otherwise modified by this endorsement
shall continue to apply as stipulated.

CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 2 of 2 38 86of

COMMERCIAL AUTO
AC 85 43 06 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA BUSINESS AUTO COVERAGE

ENHANCEMENT ENDORSEMENT
2018 Liberty Mutual Insurance
AC 85 43 06 18 Page 1 of 7Includes copyrighted material of Insurance Services Office, Inc., with its permission.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.

COVERAGE INDEX

SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR - WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 21 SECTION II - LIABILITY COVERAGE is amended as follows:

1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.

However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
39 86of
58209113003312280
2018 Liberty Mutual Insurance
AC 85 43 06 18 Page 2 of 7Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.

2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".

3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".

However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.

The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance.

4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments , Paragraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added:

SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".

This coverage is excess over any other collectible insurance.

SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:

6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:

If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
40 86of
2018 Liberty Mutual Insurance
AC 85 43 06 18 Page 3 of 7Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household.

Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".

7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following:

We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.

However, the labor must be performed at the place of disablement.

8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.

9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.
41 86of
58209113003312280
2018 Liberty Mutual Insurance
AC 85 43 06 18 Page 4 of 7Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.

If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.

For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.

11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:

If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.

B. SECTION V - DEFINITIONS is amended by adding the following:

For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties.

12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:

If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.

Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.

13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:

Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.

14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following:

Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto".

If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
42 86of
2018 Liberty Mutual Insurance
AC 85 43 06 18 Page 5 of 7Includes copyrighted material of Insurance Services Office, Inc., with its permission.

15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:

The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:

1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or

2. The actual cash value of the damage or stolen property as of the time of the "loss".

An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.

B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".

C. SECTION V - DEFINITIONS is changed by adding the following:

As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.

A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.

16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

No deductible applies to glass damage if the glass is repaired rather than replaced.

17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
43 86of
58209113003312280
2018 Liberty Mutual Insurance
AC 85 43 06 18 Page 6 of 7Includes copyrighted material of Insurance Services Office, Inc., with its permission.

The "loss" must be reported to the police authorities within 24 hours of known damage.

The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.

This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.

18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.

For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.

SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:

19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following:

If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.

However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.

20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the follow- ing:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.

To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and
(c) The names and addresses of any injured persons and witnesses.

21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following:

If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.

22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
44 86of
2018 Liberty Mutual Insurance
AC 85 43 06 18 Page 7 of 7Includes copyrighted material of Insurance Services Office, Inc., with its permission.

This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.

23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT
The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that:

1. Such "insured" is a Named Insured under such other insurance; and

2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".

SECTION V - DEFINITIONS is amended as follows:

24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 086 3DJHRI
0(6$81'(5:5,7(5663(&,$/7<
,1685$1&(&203$1<
7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< $,±35,0$5<121&2175,%8725<±
:$,9(52)68%52*$7,21
7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ

&200(5&,$/*(1(5$//,$%,/,7<&29(5$*()250
%ODQNHW$GGLWLRQDO,QVXUHGV$V5HTXLUHG%\&RQWUDFW
$ 6XEMHFWWRWKH3ULPDU\DQG1RQ&RQWULEXWRU\SURYLVLRQVHWIRUWKLQWKLVHQGRUVHPHQW6(&7,21,,:+2,6$1 ,1685('LVDPHQGHGWRLQFOXGHDVDQDGGLWLRQDOLQVXUHGDQ\SHUVRQRURUJDQL]DWLRQZKRP\RXKDYHDJUHHGLQ DZULWWHQFRQWUDFWZULWWHQDJUHHPHQWRUZULWWHQSHUPLWWKDWVXFKSHUVRQRURUJDQL]DWLRQEHDGGHGDVDQ DGGLWLRQDOLQVXUHGRQ\RXUSROLF\6XFKSHUVRQRURUJDQL]DWLRQLVDQDGGLWLRQDOLQVXUHGRQO\ZLWKUHVSHFWWR OLDELOLW\IRU³ERGLO\LQMXU\´RU³SURSHUW\GDPDJH´RUWRWKHH[WHQWDSSOLFDEOHXQGHUWKH&RYHUDJH3DUWWRZKLFK WKLVHQGRUVHPHQWDSSOLHV³SHUVRQDODQGDGYHUWLVLQJLQMXU\´FDXVHGLQZKROHRULQSDUWE\

 <RXURQJRLQJRSHUDWLRQV³\RXUSURGXFW´RUSUHPLVHVRZQHGRUXVHGE\\RX

:LWKUHVSHFWWRWKHLQVXUDQFHDIIRUGHGWRWKHVHDGGLWLRQDOLQVXUHGVWKHIROORZLQJDGGLWLRQDOH[FOXVLRQDSSOLHV

7KLVLQVXUDQFHGRHVQRWDSSO\WR³ERGLO\LQMXU\´³SURSHUW\GDPDJH´RUWRWKHH[WHQWDSSOLFDEOHXQGHU WKH&RYHUDJH3DUWWRZKLFKWKLVHQGRUVHPHQWDSSOLHV³SHUVRQDODQGDGYHUWLVLQJLQMXU\´DULVLQJRXWRI WKHUHQGHULQJRIRUWKHIDLOXUHWRUHQGHUDQ\SURIHVVLRQDODUFKLWHFWXUDOHQJLQHHULQJRUVXUYH\LQJ VHUYLFHVE\RUIRU\RXLQFOXGLQJ

D 7KHSUHSDULQJDSSURYLQJRUIDLOLQJWRSUHSDUHRUDSSURYHPDSVVKRSGUDZLQJVRSLQLRQV UHSRUWVVXUYH\VILHOGRUGHUVFKDQJHRUGHUVRUGUDZLQJVDQGVSHFLILFDWLRQV DQG
E 6XSHUYLVRU\LQVSHFWLRQDUFKLWHFWXUDORUHQJLQHHULQJDFWLYLWLHV 7KLVH[FOXVLRQDSSOLHVHYHQLIWKHFODLPVDJDLQVWDQ\LQVXUHGDOOHJHQHJOLJHQFHRURWKHUZURQJGRLQJLQWKH VXSHUYLVLRQKLULQJHPSOR\PHQWWUDLQLQJRUPRQLWRULQJRIRWKHUVE\WKDWLQVXUHGLIWKH³RFFXUUHQFH´ZKLFK FDXVHGWKH³ERGLO\LQMXU\´RU³SURSHUW\GDPDJH´RUWRWKHH[WHQWDSSOLFDEOHXQGHUWKH&RYHUDJH3DUWWRZKLFK WKLVHQGRUVHPHQWDSSOLHVWKHRIIHQVHZKLFKFDXVHGWKH³SHUVRQDODQGDGYHUWLVLQJLQMXU\´LQYROYHGWKH UHQGHULQJRIRUIDLOXUHWRUHQGHUDQ\SURIHVVLRQDODUFKLWHFWXUDOHQJLQHHULQJRUVXUYH\LQJVHUYLFHV  <RXUPDLQWHQDQFHRSHUDWLRQRUXVHRIHTXLSPHQWRWKHUWKDQDLUFUDIW³DXWR´RUZDWHUFUDIWUHQWHG RUOHDVHGWR\RXE\VXFKSHUVRQRURUJDQL]DWLRQ$SHUVRQRURUJDQL]DWLRQ¶VVWDWXVDVDQDGGLWLRQDO LQVXUHGXQGHUWKLVHQGRUVHPHQWHQGVZKHQWKHLUFRQWUDFWRUDJUHHPHQWZLWK\RXIRUVXFKUHQWHGRU OHDVHGHTXLSPHQWHQGV:LWKUHVSHFWWRWKHLQVXUDQFHDIIRUGHGWRWKHVHDGGLWLRQDOLQVXUHGVWKLV LQVXUDQFHGRHVQRWDSSO\WRDQ\³RFFXUUHQFH´ZKLFKWDNHVSODFHDIWHUWKHUHQWDODJUHHPHQWRU HTXLSPHQWOHDVHH[SLUHV
7KHSURYLVLRQVRIWKLVFRYHUDJHH[WHQVLRQGRQRWDSSO\XQOHVVWKHZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQWKDV EHHQH[HFXWHG
H[HFXWHGPHDQVVLJQHGE\WKHQDPHGLQVXUHG
RUZULWWHQSHUPLWLVVXHGSULRUWRWKH³ERGLO\
LQMXU\´RU³SURSHUW\GDPDJH´RUWRWKHH[WHQWDSSOLFDEOHXQGHUWKH&RYHUDJH3DUWWRZKLFKWKLVHQGRUVHPHQW DSSOLHV³SHUVRQDODQGDGYHUWLVLQJLQMXU\´
Insured Copy
1PMJDZ
/P
MP0104016000189
086 3DJHRI
3ULPDU\DQG1RQ&RQWULEXWRU\3URYLVLRQ
7KHIROORZLQJLVDGGHGWR3DUDJUDSK 2WKHU,QVXUDQFH E([FHVV,QVXUDQFHXQGHU6(&7,21,9 &200(5&,$/*(1(5$//,$%,/,7<&21',7,216

7KLVLQVXUDQFHVKDOOEHH[FHVVZLWKUHVSHFWWRDQ\SHUVRQRURUJDQL]DWLRQLQFOXGHGDVDQDGGLWLRQDOLQVXUHG XQGHUWKLVSROLF\DQ\RWKHULQVXUDQFHWKDWSHUVRQRURUJDQL]DWLRQKDVVKDOOEHSULPDU\ZLWKUHVSHFWWRWKLV LQVXUDQFHXQOHVV


7KHDGGLWLRQDOLQVXUHGLVD1DPHG,QVXUHGXQGHUVXFKRWKHULQVXUDQFH 

<RXKDYHDJUHHGLQDZULWWHQFRQWUDFWZULWWHQDJUHHPHQWRUZULWWHQSHUPLWWRLQFOXGHWKDW DGGLWLRQDOLQVXUHGRQ\RXU*HQHUDO/LDELOLW\SROLF\RQDSULPDU\DQGRUQRQFRQWULEXWRU\EDVLV DQG

7KHZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQWKDVEHHQH[HFXWHG H[HFXWHGPHDQVVLJQHGE\WKH
QDPHGLQVXUHG
RUZULWWHQSHUPLWLVVXHGSULRUWRWKH³ERGLO\LQMXU\´RU³SURSHUW\GDPDJH´RUWRWKH H[WHQWDSSOLFDEOHXQGHUWKH&RYHUDJH3DUWWRZKLFKWKLVHQGRUVHPHQWDSSOLHV³SHUVRQDODQG DGYHUWLVLQJLQMXU\´
:DLYHU2I7UDQVIHU2I5LJKWV2I5HFRYHU\
7KHIROORZLQJLVDGGHGWR3DUDJUDSK7UDQVIHURI5LJKWV2I5HFRYHU\$JDLQVW2WKHUV7R8VXQGHU6(&7,21 ,9&200(5&,$/*(1(5$//,$%,/,7<&21',7,216

:HZLOOZDLYHDQ\ULJKWRIUHFRYHU\ZHPD\KDYHDJDLQVWDSHUVRQRURUJDQL]DWLRQEHFDXVHRISD\PHQWVZH PDNHIRU³ERGLO\LQMXU\´RU³SURSHUW\GDPDJH´DULVLQJRXWRI\RXURQJRLQJRSHUDWLRQVRU³\RXUZRUN´GRQH XQGHUDZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQWDQGLQFOXGHGLQWKH³SURGXFWVFRPSOHWHGRSHUDWLRQVKD]DUG´LI

 <RXKDYHDJUHHGWRZDLYHDQ\ULJKWRIUHFRYHU\DJDLQVWWKDWSHUVRQRURUJDQL]DWLRQLQDZULWWHQFRQWUDFW RUZULWWHQDJUHHPHQW

 6XFKSHUVRQRURUJDQL]DWLRQLVDQDGGLWLRQDOLQVXUHGRQ\RXUSROLF\ RU
 <RXKDYHDVVXPHGWKHOLDELOLW\RIWKDWSHUVRQRURUJDQL]DWLRQLQWKDWVDPHFRQWUDFWDQGLWLVDQ³LQVXUHG FRQWUDFW´
7KHVHFWLRQDERYHRQO\DSSOLHVWRWKDWSHUVRQRURUJDQL]DWLRQLGHQWLILHGDERYHDQGRQO\LIWKH³ERGLO\LQMXU\´RU ³SURSHUW\GDPDJH´RFFXUVVXEVHTXHQWWRWKHH[HFXWLRQRIWKHZULWWHQFRQWUDFWRUZULWWHQDJUHHPHQW $OORWKHUWHUPVDQGFRQGLWLRQVRIWKLVSROLF\UHPDLQXQFKDQJHG &* 3DJHRI‹,QVXUDQFH6HUYLFHV2IILFH,QF 8IFSF
3FRVJSFE
#Z
8SJUUFO
$POUSBDU
$'',7,21$/,1685('±2:1(56/(66((625
&2175$&7256±&203/(7('23(5$7,216
32/,&<180%(5
&200(5&,$/*(1(5$//,$%,/,7<
&*
7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< 7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ

&200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57
352'8&76&203/(7('23(5$7,216/,$%,/,7<&29(5$*(3$57
6&+('8/(
1DPH2I$GGLWLRQDO,QVXUHG3HUVRQ
V

2U2UJDQL]DWLRQ
V

/RFDWLRQ$QG'HVFULSWLRQ2I&RPSOHWHG2SHUDWLRQV
,QIRUPDWLRQUHTXLUHGWRFRPSOHWHWKLV6FKHGXOHLIQRWVKRZQDERYHZLOOEHVKRZQLQWKH'HFODUDWLRQV $ 6HFWLRQ ,, ± :KR ,V $Q ,QVXUHG LV DPHQGHG WR

LQFOXGH DV DQ DGGLWLRQDO LQVXUHG WKH SHUVRQ
V
RU
RUJDQL]DWLRQ
V
VKRZQ LQ WKH 6FKHGXOH EXW RQO\
ZLWK UHVSHFW WR OLDELOLW\ IRU ERGLO\ LQMXU\ RU
SURSHUW\ GDPDJH FDXVHG LQ ZKROH RU LQ SDUW E\
\RXU ZRUN DW WKH ORFDWLRQ GHVLJQDWHG DQG
GHVFULEHG LQ WKH 6FKHGXOH RI WKLV HQGRUVHPHQW

SHUIRUPHG IRU WKDW DGGLWLRQDO LQVXUHG DQG
LQFOXGHG LQ WKH SURGXFWVFRPSOHWHG RSHUDWLRQV
KD]DUG
+RZHYHU

 7KH LQVXUDQFH DIIRUGHG WR VXFK DGGLWLRQDO
LQVXUHG RQO\ DSSOLHV WR WKH H[WHQW SHUPLWWHG E\
ODZ
DQG
 ,I FRYHUDJH SURYLGHG WR WKH DGGLWLRQDO LQVXUHG
LV UHTXLUHG E\ D FRQWUDFW RU DJUHHPHQW WKH

LQVXUDQFH DIIRUGHG WR VXFK DGGLWLRQDO LQVXUHG
ZLOO QRW EH EURDGHU WKDQ WKDW ZKLFK \RX DUH
UHTXLUHG E\ WKH FRQWUDFW RU DJUHHPHQW WR
SURYLGHIRUVXFKDGGLWLRQDOLQVXUHG
% :LWK UHVSHFW WR WKH LQVXUDQFH DIIRUGHG WR WKHVH
DGGLWLRQDO LQVXUHGV WKH IROORZLQJ LV DGGHG WR
6HFWLRQ,,,±/LPLWV2I,QVXUDQFH

,I FRYHUDJH SURYLGHG WR WKH DGGLWLRQDO LQVXUHG LV
UHTXLUHG E\ D FRQWUDFW RU DJUHHPHQW WKH PRVW ZH
ZLOO SD\ RQ EHKDOI RI WKH DGGLWLRQDO LQVXUHG LV WKH
DPRXQWRILQVXUDQFH

 5HTXLUHGE\WKHFRQWUDFWRUDJUHHPHQW
RU
 $YDLODEOH XQGHU WKH DSSOLFDEOH /LPLWV RI
,QVXUDQFHVKRZQLQWKH'HFODUDWLRQV

ZKLFKHYHULVOHVV
7KLV HQGRUVHPHQW VKDOO QRW LQFUHDVH WKH DSSOLFDEOH
/LPLWVRI,QVXUDQFHVKRZQLQWKH'HFODUDWLRQV
MP0104016000189
Insured
"MM
0QFSBUJPOT
PG
UIF
/BNFE
*OTVSFE
%

(

 !( (
&
(
 &("

(

&(
%
$
((#
(
 ( (

$
(
( 
(
 (
 (
%
((
 1
x
x
)3x<+p3xj<3xa@;<jxjWxa3/Wp3`xWlaxZ+tQSjfx7`XPx+StWS3xJ@+,G3x7Wax+Sx@SElatx/Wp3`31x,txj<@fxZWHA/t x )3xq@GJxSWjx3S8W`/3x
Wlax`@;<jx+;+ASfjxj<3xZ3`fWSxWaxWa;+SAv+j@WSxS+Q1x@Sxj<3x&/<31l I3 x '<Afx+;a33QSjx+ZZG@3fxWSItxjWxj<3x3sj3Sjxj<+jx
tWlxZ3`8W`PxqWaFxlS13ax+xq`@T3Sx/WSja+/jxj<+Bxa3_l@`3fxtWlxjWxW,j+ASxj<@fx+;a6QSjx8`WPxlf x
'<3x+11@j@WS+MxZa3PAlPx8W`xj<@fx3S1Waf3QSjxg<+IGx,3x xxW8xj<3xjWj+Gx +J@8WaSA+x )W`F3afx
WP\Sf+j@WSxZ`3PAlPx
Wj<3aqAf3x1l3
x
%3afWSxW`x$`;+S@v+j@WSx














&/<31lG3x
"W,x3f/`@Zj@WSx






'<@fx3S1Waf3QSjx/<+S;3fxj<3xZWJ@/txjWxq<@/=xAjx@fx+U+/<31x+S1xAfx3883/j@p3xWSxj<3x1+j3x@ffl31xlSG3ffxWj<3`qAf4xfj+j31 x
(?xKV9YekLYVx-NrxLhxdmLb52xYVOxr?Vxk>Chx5V2YbiRVkxChxChho2xhm.nVkxkYx^[ckCYVxY:xk?x]IDu x S1Waf3QSjx#Wx


%a3PAlPxx



S1Waf3QSjx!773/j@p3x1xxx%WI@0tx#WxWSD504819902 JSfl`31x









ISfla+S/3x
WPZ+Stx







*x wx
WlSj3afA;S31x
tx


%
((

'((



NOTICE OF EXEMPTION
TO:  Office of Planning & Research  County Clerk / Registrar Recorder 1400 Tenth Street ATTN: Environmental Filings Clerk Sacramento, CA 95814 12400 East Imperial Highway, Room 1101 Norwalk, CA 90650

Project Title: Pedestrian Safety Improvement 2022/20223, JN 513 ________________________________________________
Project Location (Specific): Various Locations

Project Location (City): Gardena Location (County): Los Angeles County Description of nature, purpose and beneficiaries of project: This project is concrete remediation for preventative sidewalk maintenance and develop a program to minimize trip hazards and falls and meet ADA compliance

Name of public agency approving project: City of Gardena

Name of person or agency carrying out project: Precision Concrete Cutting

Exempt Status: (Check One)

 Ministerial: (P.R.C. Sec. 21080[b][1]; Guidelines Sec. 15268)  Declared Emergency: (P.R.C. Sec. 21080[b][3]; Guidelines Sec. 15269[a])  Emergency Project (P.R.C. Sec. 21080[b][4]; Guidelines Sec. 15269[b][c]) X Categorical Exemption: Section 15301 Class 1 (c), Existing Facilities Other: Guidelines Se c. 15061):
_______________________________________________________________________ Reason why project is exempt: This project consists of minor alteration of existing public sidewalks and involves negligible or no expansion of use beyond that previously existing.

Contact person: Hong Lee Telephone: 310-217-9564

If filed by applicant:

1. Attach certified document of exempting finding.

2. Has a notice of exemption been filed by the public agency approving the project?  Yes  No

Date received for filing:

CLINT OSORIO Date
Environmental Quality Officer

NOTE: Exempt from Dept. of Fish & Game Wildlife Fee in accordance with de minimis impact finding (735.5[c])

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 1

PUBLIC WORKS CONTRACT

PROJECT NO. JN 513

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 2

CONTRACT
PROJECT NO. (JN 513)

THIS CONTRACT is made and entered into this13th of September 2022 by and between THE CITY OF GARDENA, a municipal corporation (“City”) and Southern California Precision Concrete Inc., a California Corporation (hereinafter "Contractor"). It is agreed by and between the parties that:

1. WORK

1.1 Contractor agrees to enter into a one (1) year agreement with City for Concreate Remediation Services beginning September 13, 2022, through the piggy -back agreement with the City of Carson attached hereto as Appendix A, such agreement includes City of Carson’s Request for Proposals, RFP No. 22-007, attached hereto at Appendix B and Southern California Precision Concrete Inc.’s bid, attached hereto at Appendix C.

PROJECT: On-Call Services for Concrete Remediation

1.2 Should City, at any time during the progress of the Work, request any alterations, deviations, additions or omissions, it shall be at liberty to do so, and the same shall in no way affect or make void the Contract, but will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation.

1.3 The Standard Specifications for Public Works Construction (“Greenbook”) shall be the Standard Specifications of the City. Unless otherwise indicated, the latest edition, including supplements, of the Greenbook shall apply.

2. SCHEDULE

2.1 Contractor shall commence and diligently pursue the Project to completion in one- year, except as such time may be extended in writing by City.

2.2 If the Work called for under the Contract is not completed before the date specified , damage will be sustained by City and it will be impracticable to determine the actual damage which City will sustain in the event of such delay. Therefore, it is agreed that Contractor shall pay to C ity $1000 per day for each and every working day's delay beyond the completion date. In the case the damages are not paid, Contractor agrees that City may deduct the amount from any money due or that may become due Contractor under the Contract. Compliance with the Greenbook is not required for liquidated damages to be assessed.

3. CONTRACT PRICE

3.1 Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in the “Schedule of Compensation,” attached as Exhibit C to City of Carson Agreement (Appendix A) and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall Ped Safety Improvements FY 2022-2032 – Concrete Remediation 3 receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed One Hundred and Fifty Thousand Dollars ($150,000) (“Contract Sum”) for completion of the work.

4. PAYMENTS

4.1 If Contractor desires a progress payment, he shall invoice City for the amount of work satisfactorily completed and inspected as of the closure date. The invoice shall be delivered to the City Engineer. All requests for payment shall be accompanied by the appropriate conditional waiver and releases in the form set forth in Civil Code section 3262. A five percent (5%) retention shall be retained on all payments. In the event of any claims, $1000/day will be adequate to cover such claims shall be withheld from the retention payment until resolution of the claims.

4.2 Payment requests that are determined to be improper shall be returned to Contractor with written explanation within 7 days after receipt. The number of days available to make payment without incurring interest shall be reduced by the number of days by which City exceeds the 7-day return requirement.

4.3 Within 60 days of the date of completion and acceptance of the Work, City will pay to Contractor the amount remaining after appropriate modifications are made for change orders, liquidated damages, or any other of the provisions of which, by the terms hereof, City is or may be authorized or required to reserve or retain funds. Any moneys withheld beyond the allowable amount or prescribed time will accrue interest at a rate of two percent per month until such time that said moneys are released to Contractor, at which time withheld moneys and accrued interest shall be dispensed. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

4.4 In the event there is any claim specifically excluded by Contractor from the operation of any release, there shall be retained by City an amount not to exceed the amount of the disputed claim. In the event of a dispute after completion of the Project, City may withhold an amount not to exceed 150 percent of the disputed amount.

4.5 No claim shall be made or be filed and neither City, nor any of its elected or appointed officers, employees, agents, or volunteers shall be liable, or held to pay any money, except as specifically provided in the Contract. The acceptance by Contractor of the final payment when no securities or certificates of deposit have been deposited in escrow or with City, or his acceptance from the escrow agent or City of the securities or certificates of deposit substituted for the retention, whichever is later, shall operate as, and shall be, a release to City, and its elected and appointed officers, employees, agents, and volunteers, from all claims and liability to Contractor for anything done or furnished for, or relating to, the Project or for any act or neglect of City or of any person relating to or affecting the Project, except claims previously made as provided for and in accordance with the provisions of the General Conditions and pending at the time of acceptance of final payment or of the securities or certificates of deposit, or the claim against City for the remainder, if any there be, of the amounts kept or retained due to unpaid claims.

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 4

5. LEGAL REQUIREMENTS

State Requirements

5.1 Contractor, its agents and employees shall be bound by and shall comply with all applicable federal, state and local laws regardless of whether enumerated herein.

5.2 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) in a format prescribed by the Labor Commissioner no less than monthly. The State General Prevailing Wage Determination is as established by the California Department of Indust rial Relation (available at http://www.dir.ca.gov/DLSR/PWD/index.htm
).

Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR - approved labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.

A. AWARD OF CONTRACT: The following are conditions to the award of the contract:
i. Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relation pursuant to Labor Code Section 1725.5 subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Profession Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded): and

ii. No contractor or subcontractor may be awarded this contract unless the contractor and each subcontractor listed on the bid is registered with the Department of Industrial Relations pursuant to Section 1725.5.

Similarly, failure to comply with the registration requirements of Labor Code Section 1725.5, will disqualify a bidder or proposer.

These requirements will apply to all public works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding source.

5.3 In accordance with the requirements of the California Prevailing Wage Laws, Contractor and each Subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with Ped Safety Improvements FY 2022-2032 – Concrete Remediation 5 the work done under the Contract. The payroll records shall be certified and made available for inspection at all reasonable hours in accordance with the California Prevailing Wage Laws. Contractor shall be subject to, and fully comply with, all California Prevailing Wage Laws, including, but not limited to, those pertaining to the maintenance and inspection of certified payroll records.

5.4 Pursuant to California Labor Code section 1810 et seq., eight (8) hours labor constitutes a legal day's work. Contractor shall forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of these hours at a rate of at least one and one- half times the basic rate of pay. (Labor Code § 1813.) City may withhold from any monies payable on account of work performed by Contractor or subcontractor, such sums as may a dministratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor, for unpaid wages and liquidated damages as provided for herein.

5.5 Contractor, and any subcontractor under Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the Contract. (Labor Code § 1774.) Copies of the determination of the Director of the Department of Industrial Relations of the rate of per diem wages for each craft, classification or type of worker needed to execute the Contract are on file in, and available at, the office of City. (Labor Code § 1773.2.) When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification.

A copy of the prevailing rate per diem wages for cash craft or type of workman needed to execute any contract which may be awarded by City, may be requested by contacting the State Board of Equalization at (800) 400-7115.

5.6 Contractor shall post a copy of the prevailing rates at the work site(s), for the duration of the Work. (Labor Code § 1773.2.)

5.7 Contractor shall comply with all provisions of Labor Code section 1775. In accordance with Labor Code section 1775, Contractor shall forfeit as a penalty to City not more than $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor shall also pay the difference betwee n the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

5.8 Nothing in this Contract shall prevent Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor shall have responsibility for compliance with California Labor Code Section 1777.5 and 1777.6 for all apprenticeable occupations. These sections require that Contractor and subcontractors shall submit contract award information to the applicable joint apprenticeship committee, shall employ apprentices in apprenticeable occupations, shall contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Board and that Contractors and subcontractors shall not discriminate among otherwise qualified employees as apprentices solely on the ground Ped Safety Improvements FY 2022-2032 – Concrete Remediation 6 of sex, race, religion, creed, national origin, ancestry or color. Only apprentices as defined in Labor Code Section 3077, who are in training under apprenticeship standards and who have written apprentice agreements will be employed in apprenticeable occupations.

5.9 Contractor warrants full compliance with all applicable Federal and C alifornia employment laws, including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). Contractor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. Contractor shall retain such documentation for all covered employees for the period prescribed by law. Contractor shall indemnify, defend, and hold harmless, City, its elected and appointed officers, employees, agents and volunteers from employer sanctions and any other liability which may be assessed against City in connection with any alleged violation of federal or state statutes or regulations pertaining.

5.10 Neither Contractor, nor any subcontractor under Contractor, shall discriminate in the employment of persons, including apprentices, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age of such person, except as provided in Sections 12940 and 12941 of the Government Code. Contractor shall have responsibility for compliance with this section. (Gov. Code §§ 12940, 12941.)

5.11 Contractor and all subcontractors shall, at Contractor and subcontractor's sole expense, obtain and maintain all necessary licenses for the Work, including but not limited to a valid business license, and give all necessary notices and pay all fees and taxes required by law.

5.12 Contractor shall be responsible f or obtaining at its own expense, all construction permits and licenses required by the City , including for any subcontracting firm engaged in construction/installation for this Project.

5.13 In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and P rofessions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, wi thout further acknowledgment by the parties. (Gov.

Code § 4552; Pub. Con. Code § 7103.5.)

5.14 Subcontractors who are ineligible pursuant to Labor Code sections 1777.1 and 1777.7 are ineligible to perform work under this Contract.

5.15 This project is subject to Skilled and Trained Workforce Requirements per Sections 2600 through 2603 of the Public Contract Code.

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 7

6. INDEPENDENT CONTRACTOR

Contractor is and shall at all times remain as to City a wholly -independent contractor.

Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, servants, agents or subcontractors, except as set forth in the Contract Documents. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors, are in any manner officers, employees, agents or subcontractors of City.

7. INDEMNIFICATION

7.1 To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Gardena and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, er ror, or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the work performed under the Contract, or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision.

7.2 This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

7.3 This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

7.4 Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

7.5 The prevailing party shall pay for reasonable attorney fees and costs incurred in relation to this indemnification provision.

7.6 Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b).

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 8

7.7 This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

7.8 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

7.9 In the event there is more than one person or entity named in the Agreement as the Contractor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.

8. QUALITY ASSURANCE

8.1 All materials furnished and all Work done under the Project shall be subject to rigid inspection. Work done in the absence of prescribed inspection may be required to be torn out and replaced and the entire cost of repair and replacement shall be borne by Contractor, irrespective of whether the work dismantled is found to be defective.

8.2 If the Work or materials, or any part thereof, shall be found defective any time before the final acceptance of the Project, Contractor shall immediately make good such defect without compensation in a manner satisfactory to the City, regardless of any previous inspection or estimation of such Work for payment.

8.3 If Contractor fails or neglects to make ordered repairs and/or replacement of damaged property within t en (10) DAYS after the service of an order to do such repair and/or replacement, the City, may make the ordered repairs and/or replacement and deduct the cost thereof from the monies due Contractor.

8.4 Prior to final acceptance, Contractor shall restore all areas affected by the work to the original st ate of cleanliness and repair all damage done to the premises, including the grounds, by his workmen and equipment.

9. INSURANCE

9.1 Commencement of Work. Contractor shall not be authorized to commence Work under this Contract until it has obtained approved insurance. Before beginning Work hereunder, during the entire period of this Contract, for any extensions hereto, and for periods after the end of this Contract as may be indicated below, Contractor must have and maintain in place not less than the insurance coverages required in this Section at his sole cost and expense. Contractor’s insurance shall comply with all items specified by this Contract. Any subcontractors shall be subject to all of the requirements of this Section and Contractor shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Contractor’s insurance may cover all Ped Safety Improvements FY 2022-2032 – Concrete Remediation 9 subcontractors. The insurance requirements are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Contract.

9.2. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.

9.3 Coverages, Limits and Policy Requirements. Contractor shall maintain the types of coverages indicated below:

9.4 Comprehensive General Liability Insurance. A policy of compr ehensive general liability insurance written on a per occurrence basis in an amount not less than either one million dollars ($1,000,000) per occurrence or two million dollars ($2,000,000) aggregate.

9.5 Commercial Auto Liability Insurance - a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City. The minimum auto insurance coverage shall be one million dollars ($1,000,000) combined single limit per accident.

9.6 Worker’s Compensation and Employer’s Liability Insurance - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars ($1,000,000) per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

In accordance with the provisions of section 1860 of the California Labor Code, Contractor's attention is directed to the requirement that in accordance with the provisions of section 3700 of the California Labor Code, Contractor and every subcontractor will be required to secure the payment of compensation of his or her employees, or obtain a certificate of consent to self-insurance by the Director of Industrial Relations in accordance with the requirements of Section 3700 of the California Labor Code.

In accordance with the provisions of section 1861 of the California Labor Code, Contractor shall sign and file with the awarding body the following certification prior to performing any work on the Project:

"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 10

9.7 Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:

(i) City and its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy as respects liabilities arising out of the performance of any work done under the Contract.

(ii) The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancellation, non-renewal or material change in coverage.

(iii) For any claims with respect to the Project covered by this Contract, Contractor’s insurance coverage shall be primary insurance as respects City and its elected and appointed officers, employees, agents and volunteers.

Any insurance or self-insurance maintained by City and its elected and appointed officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not contribute with it.

(iv) The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

9.8 Course of Construction Insurance - Contractor shall provide course of construction insurance covering for “all risks” of loss in the amount of the completed value of the Work. The City shall be named as a loss payee and the insurer shall waive all rights of subrogation against the City. This policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled until thirty (30) days written notice, return receipt requested, is mailed to the City. Course of Construction Insurance may be provided for each separate Phase.

9.9 Additional Requirements. The procuring of required insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract. City shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Contractor shall be deemed in default hereunder.

9.10 Deductibles. Any deductible or self-insured retentions must be declared to and approved by City. Contractor shall guarantee that, at the option of the City, either:
the insurer shall eliminate or reduce such deductibles or self-insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Contractor); or Contractor shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses in the amount of any deductibles or self- insured retentions.

9.11 Verification of Compliance. Contractor shall furnish City with the required endorsements attached hereto. All documents are to be received and approved by City before Work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Contract, Contractor shall deliver to Ped Safety Improvements FY 2022-2032 – Concrete Remediation 11 City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Contractor shall provide full copies of any requested policies to City within three (3) days of any such request by City.

9.12 Termination for Lack of Required Coverage. If Contractor, for any reason, fails to have in place, at all times during the term of this Contract, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Contractor’s expense and/or terminate this Contract. Contractor shall indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents and volunteers from any claim resulting from failure of either Contractor or any subcontractor to take out or maintain any insurance required by this Contract.

9.13 Equipment Coverage

Any policy or policies of insurance Contractor or his subcontractors elect to carry as insurance against loss or damage to construction equipment and tools or other personal property shall include a provision waiving the insurer’s right of subrogation against City.

10. SECURITY

10.1 Contractor shall not commence the Work under this Contract until Contractor has obtained all security required under this Section and such security has been approved by City as to form, amount and carrier.

10.2 Contractor shall maintain in full force and effect during the term of this Contract a certificate regarding workers' compensation, liability insurance certificates, proof of a valid business license and any other documents required by the Contract. If this Contract is for more than $25,000.00, Contractor shall also maintain in full force and effect during the term of this Contract security guaranteeing one hundred percent (100%) of payment (labor and materials) and separate security guaranteeing one hundred percent (100%) of performance. If bonds are the chosen form of security, they shall be submitted on the forms which are part of the Contract Documents; no substitutions shall be accepted. The performance bond shall remain in effect for all deliverables for one full year from the date of acceptance of the Work to insure that defects which appear within said period will be repaired, replaced, or corrected by the Contractor at his own cost and expense to the satisfaction of the City Engineer within thirty (30) days after written notice thereof by City.

10.3 The surety shall be admitted to do business in California, listed with the State of California Department of Insurance and shall comply with all requirements of State law. (No surplus list surety will be accepted.) (Code of Civil Procedure § 995.311.)

10.4 If during this Contract any of the sureties upon the bonds become insufficient in the opinion of City, City may require additional sureties which Contractor shall furnish to City’s satisfaction within 15 calendar days after written notice and failure to do so shall be considered a default by Contractor.

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 12

11. CITY'S RIGHT TO TERMINATE

11.1 If Contractor refuses or fails to prosecute the Work with such diligence as will insure its completion within the time specified or any extension thereof, or fails to complete the Work within such time, or if Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of his insolvency, or if Contractor or any subcontractor shall violate any of the provisions of this Contract, or should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, or instructions of City or otherwise breach this Contract, City shall serve written notice on Contractor and Contractor's sureties of the intention that this Contract be terminated together with the reasons therefor. Unless within five (5) working days after the service of such notice such condition or violation shall cease or satisfactory arrangements for the correction thereof be made, this Contract shall upon the expiration of said five (5) working days, cease and terminate. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished.

In event of any such termination, City shall immediately serve written notice thereof upon surety and Contractor, and surety shall have the right to take over and perform this Contract, provided, however, that if surety within five (5) working days after service upon it of said notice of termination does not give City written notice of its intention to take over and perform this Contract or does not commence performance thereof within ten (10) working days from the date of serving such notice, City may take over the Project and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor, and Contractor and its surety shall be jointly and severally liable to City for any excess cost or other damages occasioned City thereby. If City takes over the Project as herein above provided, City may, without liability for so doing, take possession of, and utilize in completing the Project, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Project and necessary therefor.

In the event of any such termination, Contractor will be paid for Work performed, less damages caused to City by the acts of Contractor causing the termination.

11.2 C ity may terminate the Contract at its own discretion for any reason. Upon such termination, City will pay Contractor fair and reasonable compensation as agreed upon between City and Contractor. In the event that no agreement is reached, City will be liable to Contractor only for the reasonable value of the Work performed and other actual costs sustained by Contractor.

12. WAIVER
No waiver of any provision of this Contract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver Ped Safety Improvements FY 2022-2032 – Concrete Remediation 13 constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.

13. NOTICE

13.1 Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving notice or by a duly authorized representative of such party. Any notice shall not be effective for any purpose whatever unless served in the following manner:

13.2 Whenever it shall be necessary for either party to serve notice on the other respecting the Contract, such notice shall be in writing and served by personal delivery or by registered mail, postage prepaid, return receipt requested, addressed as follows:

City: City of Gardena
Allan Rigg
Director of Public Works/City Engineer
1717 W. 162
nd Street
Gardena, CA 90247

Contractor: Precision Concrete Cutting
13089 Peyton Drive, #C235
Chino Hills, CA 91709

unless and until different addresses may be furnished in writing by either party to the other.

14. ASSIGNMENT

14.1 Contractor shall not assign the performance of the Contract, nor any part thereof, nor any monies due or to become due hereunder, without the prior written consent of City.

14.2 Subject to the provision of this Section regarding assignment, the Contract shall be binding upon the heirs, executors, administrators, successors, and assigns of Contractor.

15. ATTORNEY'S FEES

Except as specifically provided for herein, attorney’s fees shall not be awarded to either party in any action in law or in equity, including an action for declaratory relief, brought to enforce or interpret the provisions of this Contract or to assert any claim resulting or alleged to result from its performance.

16. MISCELLANEOUS PROVISIONS

16.1 The Contract shall be effective from and after the date that this Contract is signed by the representatives of City.

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 14

16.2 This Contract may be made in counterparts.

16.3 The captions of the articles, sections, subsections, paragraphs and subparagraphs of the Contract are for reference only and are not to be construed in any way as a part of the Contract.

16.4 The rights and remedies contained in this Contract are cumulative, and in addition to and not in limitation of, any right or remedy at law or in equity to which City may be entitled.

16.5 Pursuant to Gardena Municipal Code Section 2.24.020(H), Contractor is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the city of Gardena until completion of Work.

17. ENTIRE AGREEMENT

17.1 This Contract integrates all terms and conditions in connection with the Work and supersedes all negotiations and prior understandings, either oral or in writing, in respect to the subject matter hereof.

17.2 The Contract shall not be amended except by a writing duly executed by the parties.

18. PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Contract and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Contract. No provision of this Contract or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.

19. Claims Disputes

Any claims of Contractor, as “claims” are defined in California Public Contract Code Section 9204 shall be processed in accordance with that section. Section 9204 provides in relevant part that upon receiving a claim from a contractor, together with reasonable documentation to support the claim, a contracting public entity shall conduct a reasonable review of the claim and, within a period not to exceed 45 days [except as otherwise provided in Section 9204], shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. If the contractor disputes the public entity’s written response, or if the public entity fails to respond to a claim within the time prescribed, the contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is Ped Safety Improvements FY 2022-2032 – Concrete Remediation 15 undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the contractor sharing the associated costs equally. The public entity and contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to other applicable procedures.

IN WITNESS WHEREOF, THE PARTIES hereto have caused this Contract to be executed and attested by their duly authorized officers.

CITY CONTRACTOR

By: By:

CITY MANAGER (Sign) Sign / Title

Date: Date:

SEAL

Attest: Attest
: (Contractor)
By:

CITY CLERK (Sign) By:

Sign / Title
Date: Date:

APPROVED AS TO FORM:

CARMEN VASQUEZ, City Attorney
CITY ATTORNEY (Sign)

Date: September 7, 2022

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 16

(To be submitted after award)

CONTRACT

PROJECT NO. JN 513

FAITHFUL PERFORMANCE BOND

WHEREAS, the City of Gardena has awarded to Precision Concrete Cutting hereinafter designated as the "Principal", a Contract for:

PROJECT:

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;

NOW, THEREFORE, we, as Principal, and
___________________________________________________________as Surety, are held and firmly bound unto the City, as Obligee, in the sum ($___________ ), lawful money of the United States of America, this amount being not less than one hundred percent (100%) of the total Contract price, , for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay all court costs and reasonable attorneys’ fees to the City of Gardena in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 17 This bond shall remain in full force and effect for a warranty period of one full year after acceptance of the job by the City.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 2022, the
name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

[PRINCIPAL]

By
Title

Signature

[SURETY]

By
Title

Address

Phone No.

Signature

All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 18 (To be submitted after award)

CONTRACT

PROJECT NO. JN 513

PAYMENT BOND

WHEREAS, the City of Gardena has awarded to Precision Concrete Cutting, as Contractor, a contract for the work described as follows:

PROJECT:

AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons, as provided by law;

NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of one-hundred fifty thousand, Dollars ($150,000.00) this amount being not less than one hundred percent (100%) of the total Contract price, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors , administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, or any other amounts due to persons under any applicable project contract or law, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 19 This bond shall remain in full force and effect for six full months after the period in which verified claims may be filed as provided for in Section 3184 of the California Civil Code.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 2022, the
name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

[PRINCIPAL]

By
Title

Signature

[SURETY]

By
Title

Address

Phone No.

Signature

All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

Ped Safety Improvements FY 2022-2032 – Concrete Remediation 20 (To be submitted with bid/quote)
(To be submitted after award)

CONTRACT

PROJECT NO. JN 513

WORKER'S COMPENSATION INSURANCE CERTIFICATE

The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of the Contract.

DATED:

CONTRACTOR

By
Signature

Title

ATTEST:

By
Signature

Title

(To be submitted with bid/quote)
Ped Safety Improvements FY 2022-2032 – Concrete Remediation 21 (To be submitted with bid/quote)

PROPOSAL

PROJECT NO. JN 513

DESIGNATION OF SUBCONTRACTORS

In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of busi ness of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one- half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.

If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the City.

The bidder shall also designate in the space provided indicating whether or not the subcontractor qualifies as a Woman Owned Business Enterprise, "WBE”, or a Minority Business Enterprise, "MBE”.

WBE Portion State
or of Subcontractor's Type of License
MBE Work % Name and Address Work Number Class
____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______

Not more than _____%.

(To be submitted with bid/quote)
Ped Safety Improvements FY 2022-2032 – Concrete Remediation 22

PROPOSAL

PROJECT NO. JN 513

NON-COLLUSION AFFIDAVIT
(To be executed by Bidder and submitted with Bid)

State of California

County of Los Angeles

being first duly sworn, deposes and
says that he or she is of
the party making the foregoing bid, that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, or agent thereof to effectuate a collusive or sham bid.

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP

ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate jurats)
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 15.B
Section: DEPARTMENTAL

ITEMS - PUBLIC WORKS
Meeting Date: September 13,
2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Award Construction Contract for the 170th St. Street Improvement from Normandie Avenue to Vermont Avenue Project, JN 944,
to Sequel Contractors, Inc. in the
amount of $736,450.00, Award Construction Management and Inspection Services to Wallace and Associates Consulting, Inc. in the amount of $106,220.00, Approve Budget Appropriation of $380,000 Prop C funds, Approve the Project Plans and Specifications and Declare California Environmental Quality Act (CEQA) Exemption.

COUNCIL ACTION REQUIRED:

Staff Recommendation:

Award Construction Contract.

Award
Construction Management and Inspection Services.

Approve Budget Appropriation
Approve Project Plans and Specifications
Declare CEQA Exemption
RECOMMENDATION AND STAFF SUMMARY:

On September 10, 2019, the City Council approved the appropriations of $70,000 from Measure M Local funds for the design phase of the 170th Street Improvement Project from Normandie Avenue to Vermont Avenue. Thereafter, the Metropolitan Transit Authority (MTA) appropriated $600,000 Federal Surface Transportation Program Local (STPL) funds for the construction phase. The project scope includes grind and overlay of asphalt pavement, removal and replacement of concrete sidewalk, curb, gutter, curb ramps, adding new Battery Backup System for the Traffic Signal at the intersection of Normandie Avenue and 170th Street and retrofitting the pedestrian push buttons with new audible and touchless system in the intersection.

On
May 6, 2022, Caltrans approved the City's request for authorization of the project construction phase. Subsequently, the Public Works finalized the plans and specifications and published a bid request in CR Planwell, Gardena Valley News and the city website.

The following five (5) bids were received on August 11, 2022:

1. Sequel Contractors, Inc., Santa Fe Springs
$736,450.00

2. Falkon Construction, Inc., Diamond Bar
$762,811.22

3. Toro Enterprises, Inc., Oxnard
$857,425.00

4. Hardy and Harper, Inc., Lake Forest
$1,155,000.00

5. All American Asphalt, Corona
$1,388,150.00

Sequel Contractors, Inc. was the lowest responsible bidder. They are licensed in the state of California and have a good and verified records of construction projects with Gardena and other local municipalities in southern California. They will be required to meet all bonding and financial standards. The project is anticipated to start construction in November 2022 and to be completed in January 2023.

Request for Construction Management and Inspection services for this project was also sent to five (5) on-call consultants on July 21, 2022. Four (4) of the consultants stated their resources were already committed to other projects and declined to submit a proposal. Only Wallace and Associates Consulting Inc. submitted a proposal of 106, 220.00. Wallace and Associates had been doing Construction Management and Inspection services for local municipalities throughout Orange, San Bernardino and Los Angeles County for the last two (2) decades and are staffed with qualified managers and inspectors of different disciplines.

Funding for this project is from Measure M, Prop C and federal (STPL) funds. Insufficient funds are available to complete this project and staff is recommending an additional budget appropriation in the amount of $380,000 Prop C. As inflation and construction cost continues to surge across the country, the project bids came in approximately 50% higher than the design engineer's estimates.

Staff recommends that the City Council approve the award of the construction contract for the 170th Street Improvement Project, JN 944, to Sequel Contractors Inc. in the amount of $736,450 and additionally:
a
.

Award the Construction Management and Inspection (CMI) Services to Wallace and Associates Consulting Inc. in the amount of $106, 220.00. b
.

Approve the Budget Appropriation of $380,000 Prop C funds. c
.

Approve the Project Plans and Specifications.
d
.

Declare this project to be categorically exempt under the CEQA, Class 1, Section 15301, as rehabilitation of existing facilities.

FINANCIAL IMPACT/COST:

Source of Funds
Approved Budget
Measure M Local $ 70,000
Federal STPL $600,000 Budget Appropriation Request
Prop C $380,000 TOTAL $1,050,000

Estimated Expenditures

Design Phase Expenditures to Date : $70,000
Anticipated CMI & Job Cost : $130,000 Construction Contract Award : $736,450
15% Construction Contingency : $111,000
TOTAL $1,047,450

ATTACHMENTS:

JN 944 Sequel Contractors, Inc. Bid 08-11-2022.pdf
WA Proposal - Gardena CM&I 170th street.pdf
170th St Improvement Project 5276-032_Contract docs_Specifications.pdf 170th St Improvement Project 5276-032 Project Plans.pdf CEQA Notice of Exemption JN 944.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

Construction Management and
Inspection Services for the
170th Street Improvement
Project

JN 944
August 10, 2022
RFP Response to
the City of Gardena

Dedicated to Providing Quality and Creating Value for our Clients

City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 1

Table of Contents .......................................................................................................................................................................................... 1 1 – Cover Letter ........................................................................................................................................................................................... 2 2 – Firm Overview........................................................................................................................................................................................ 4 3 – Project Team .......................................................................................................................................................................................... 5 Key Personnel .................................................................................................................................................................................. 5 4 – Related Project Experience .................................................................................................................................................................... 7 Ability to Deliver Projects On Time and Under Budget ......................................................................................................................10 5 – Scope of Work ......................................................................................................................................................................................12 Approach to Delivering Services ......................................................................................................................................................12 Understanding of the Work to be Done ............................................................................................................................................13 Scope of Work ................................................................................................................................................................................15 Cost and Schedule Control..............................................................................................................................................................21 W&A’s Strength in Construction Management and Inspection Services .............................................................................................24 6 – Fee Proposal .........................................................................................................................................................................................25 7 – Appendix...............................................................................................................................................................................................26 Resumes........................................................................................................................................................................................27 Table of Contents
City of Gardena | RFP for Construction Management and Insp ection Services for the 170th Street Improvement Project JN 944 2

August 10, 2022

William E. Mendoza, PE—Associate Engineer
City of Gardena
1717 West 162nd Street
Gardena, CA 90247
Subject: Response to RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 (STP-L funded project with a Federal Aid Project No. STPL-5276 (032)) Dear Mr. Mendoza:

Wallace & Associates Consulting, Inc. (W&A) is pleased to present our proposal to provide construction management services for the City of Gardena (City). W&A is a local leader in performing these exact services on similar projects for many cities and other public agencies throughout Southern California.

About W&A. Since establishing the firm in January 2010, our mission has been to provide cost-effective project implementation, construction phase services and staff augmentation solutions for public agencies. Our lean overhead structure is what sets us apart from other companies.

By keeping our costs low, we can provide high-quality staff and services and help manage our client’s costs. W&A is committed to providing highly qualified project managers, construction managers, inspectors, project engineers, office engineers, labor compliance and administrative staff for a wide range of CIP and development projects. Currently, W&A has over 40 associates with varied backgrounds and deep experience in public works. Our proposal demonstrates W&A’s experience in providing construction management and inspection services on similar projects, highlights our staff’s qualifications and experience, and shows the City our cost-effective approach to staffing projects and managing resources.

For more information see our website at www.wallace-cm.com.

An Experienced Team. Our President, Carl Wallace, PE, will act as the Principal-in-Charge and will have overall responsibility for our team and services. Once our work starts, he will be responsible for scheduling personnel and ensuring excellent client service. He will also provide QA/QC for our company and have responsibility for the performance of our team, the satisfaction of the City and the overall success of the projects. Carl brings strong management experience having worked throughout the state for over 20 years on major projects in the construction phase. He has managed hundreds of similar construction services contracts on a statewide basis and has worked in the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Jose, Sacramento, San Francisco, Modesto, Tulare and Mono.

Senior Project/Construction Manager, Jonathan Smith, PE, is a hands-on, results-oriented leader with a proven history of productivity and an ability to take complex issues and get to a consensus quickly. During his 30 plus-year career, he has worked for numerous agencies throughout Southern California in roles varying from Director of Public Works to Senior Civil Engineer. Jonathan is experienced at analyzing complex budgets and technical reports and developing and revising contracts and legal documents using federal, state, and local laws, rules and regulations. He has experience related to construction management and design of roadways, water/wastewater projects, sound walls, retaining walls and buildings. Jonathan has been responsible for supervision of technical and field staff, change order negotiation and preparation, contract administration, critical path schedule reviews, storm water pollution prevention plan preparation and compliance, claims mitigation, selection committee interviews, cost estimate preparation, reviewing and designing structure-related shop drawings and assuring compliance with plans, specifications and various agency regulations, presentations to city councils and other stakeholder groups. He is a highly effective project and construction manager who possesses the ability to develop teams by using strong organizational, interpersonal and critical thinking skills. Jonathan recently managed several traffic signal projects for the City of Menifee while he was Director of Public Works, including designing and constructing traffic-calming improvements and he also recently working as Project Manager for the City of El Monte for various traffic signal projects throughout the City.

Senior Construction Inspector, Cesar Ramirez, EE, is a Civil Engineering professional with over 25 years of construction and engineering project management expertise as well as budgeting, planning, inspection and staff management experience. He has worked extensively throughout Southern California on several city CIP projects that include traffic signal upgrades and street/road rehabilitations. Cesar understands different funding requirements as well as local, state and federal regulations. He just finished providing inspection for several traffic signal upgrades for the City of Culver City and previously for Corona, Murrieta and Garden Grove. Cesar resides in Yorba Linda.

We are including Dennis Janda, Incorporated (DJI) as our subconsultant to provide surveying services. We are confident the City will be happy with DJI’s work effort. DJI is a private corporation providing land surveying and mapping services. The owners and managers of DJI have worked together for both public and private sectors clients, throughout California since 1997.

We are also including Leighton Consulting, Inc. as our subconsultant for materials testing. W&A has teamed with Leighton on numerous successful roadway projects, and we have a positive and productive relationship with them.

Scope of Services Overview. We understand the City of Gardena is requesting proposals for construction management and inspection services for a Federally Funded project, 170th St. Street Improvement Project JN 944 from Normandie Ave. to Vermont Ave. This project is an STP-L funded project with a Federal Aid Project No. STPL-5276 (032). The project consists of AC resurfacing (coldmill/overlay and Full Depth

City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 3

replacement), concrete flat work (curb, gutter, sidewalk, driveway approach, curb ramps cross gutters and similar), Removal and replacement of trees, Traffic Signal upgrades (Battery back-up and APS retrofit) and striping/ signages and striping as shown on the plans and specifications. The project will be given a 60 working day construction schedule and construction budget of $470,000. W&A brings a solid reputation of providing these exact CM services to similar cities and agencies and appreciates the opportunity to offer the City the same resources. Below are some of our relevant project highlights:
 City of Culver City – Various Traffic Signal Improvement Projects ($630K) – Provided construction inspection for traffic signal rewiring projects which included traffic signal construction
 City of El Monte – Traffic Signal Installation at Santa Anita Avenue and McGirk Avenue ($400K) – Currently providing construction management for video detection updates, traffic signal updates at various intersections and wayfinding sign installation at various intersections
 City of Garden Grove – Harbor Boulevard Traffic Signal ($550K) – Provided resident inspection for major arterial road traffic signal improvement project
 City of Murrieta - Whitewood Avenue Widening ($6M) and Madison Avenue Widening ($7M) – Provided resident inspection during roadway widenings that included fully signalized intersections  City of Corona – Green River Road Widening ($6.2M) – Project and construction management during an arterial widening project and traffic signal upgrades
 City of Laguna Niguel – Crown Valley Community Park ($9.5M) – Tier 2 entry improvements and intersection improvements on the major arterial at Crown Valley Parkway
For the past 11+ years clients have continued to choose W&A for our responsiveness, our experience and our commitment to the success of every project. As W&A’s President, I will serve as the Principal-in-Charge for the contract. This proposal shall be valid for 90 days from the date of the submittal. W&A is excited for the opportunity to continue to provide construction management services to the City of Gardena for this project and believes our detailed qualifications that follow this letter will meet and exceed the City’s requirements. I can be reached anytime by phone (951-966-7774) and email ([email protected]).

Sincerely,
Carl Wallace, PE—President/Principal-in-Charge
1 – Cover Letter

City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 4

Wallace & Associates Consulting, Inc. (W&A) was established in January 2010 as a sub chapter S-Corporation to provide cost-effective project implementation, construction phase services and staff augmentation solutions for public agencies such as the City of Gardena. Our business model is one of lean efficiencies and low overhead, allowing us to pass along savings to our clients. W&A only provides project management, construction management, inspection, labor compliance monitoring and administrative services throughout Southern California to our clients. By not performing design work, we eliminate any potential conflicts of interest or the potential to ‘overlook’ a design flaw. Currently, W&A has over 40 associates and a pool of several part-time inspectors able to provide services to clients on short notice. One notable benefit with W&A is our ability to provide part-time Project Managers, Construction Managers and Inspectors (as needed by the client) as well as complete construction management teams.

W&A Legal Name and Address: Wallace & Associates Consulting, Inc.

Corporate Office: 1655 East 6th Street, Suite A-4a, Corona, CA 92879 Mailing Address: PO Box 909, Murrieta, CA 92564
Employer Federal Identification Number: 27-1653492
Legal Form of Company: Sub Chapter S Corporation (Wyoming) Fax and Phone Numbers: (951) 966-7774 | Fax: (951) 848-0842 | W&A Website: www.wallace-cm.com
W&A is 100% woman-owned by Cathy Wallace, SPHR. Cathy Wallace, SPHR, Carl Wallace, PE, Bryan Tuschhoff, CMIT, QSP and Heidi Nesper are all authorized to bind the firm into contracts. Cathy Wallace, SPHR, and Carl Wallace, PE can enter into contract negotiations on behalf of Wallace & Associates Consulting, Inc.

Most of our 40+ staff have over 20 years of experience and have completed hundreds of public agency CIP projects in Southern California. Our Project Managers are licensed Professional Engineers with experience in all aspects of design and construction. Our Construction Managers have either worked as a contractor or have a professional engineer license, or both and have earned specialized certifications including Certified Construction Manager and Certified Construction Manager in Training. Our inspection staff includes ACIA certified inspectors, inspectors with QSP certifications, inspectors who previously worked as soil technicians and who understand all the testing requirements for mass grading and infrastructure work. We have staff with D-1, D-2, D-3, D-5, T-1 and T-3 certifications for water distribution and treatment. We also have staff that are NASSCO Certified Cured-in-Place Pipe Inspectors, Certified Cross Connection Specialists, Certified Welding and Structural Steel Inspectors, NACE Certified Coating Inspectors and numerous inspection staff with concrete and asphalt inspection certificates. They also have experience with testing related to water projects including hydrostatic testing, chlorination/de- chlorination, dewatering and bac-t tests. Our W&A team members have previously worked for years within local City Public Works Departments, Park Departments, Water Departments, Utility Agencies, engineering consulting firms and even as contractors.

With over 40 associates, W&A can provide the City with a full engineering services team with services including not only construction management and inspection, but also project management, specialty inspection, office engineering, labor compliance and administration. These resources ensure W&A is capable of working on a wide variety of public works infrastructure projects. Most relevant, W&A has provided the exact requested services for numerous clients throughout Southern California.

Clients continue to choose W&A for our responsiveness, our experience in a variety of CIP and Development projects and our staff’s personal commitment to help ensure the success of every project. We are proud of the fact that many of our initial clients have renewed multi-year contracts with us over the years.

We look forward to adding the City of Gardena to our expanding list of satisfied clients.

Section 2 – Firm Overview
Section 3 – Project Team
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 5

W&A has relevant PM, CM and inspection experience and expertise for virtually every type of project that a City could implement in their capital and land development programs. We have an enviable track record of providing highly qualified and experienced staff to support any project within Southern California. Our Project/Construction Managers each bring in-depth understanding of project life cycles, potential challenges and the ability to provide resolutions for any encountered issue. They have worked on every type of typical CIP project that includes:
 ADA upgrades
 Bike trails
 Bridges
 Buildings
 CIPP Rehabilitation
 Directional drilling
 Drainage facilities
 Emergency projects
We provide the City with:
 Landscaping
 Medians
 Micro tunneling
 Mitigation areas
 Parks
 Playground equipment
 Pump and lift stations
 Sewer systems
 Sidewalks, curbs and
gutters
 Slurry programs
 Sports fields
 Storm drains
 Street lighting
 Street rehabilitation
 Streets
 Traffic signals
 Water storage and
distribution
 Water/Wastewater
treatment plants
 Well drilling and equipping
 Wet and dry utility
installation
 Over 40 local professionals specializing in project management, construction management, construction inspection, labor compliance and administrative support.
 Experience with CIP projects including traffic signal improvements, street and pavement infrastructure projects, water infrastructure projects, sewer infrastructure projects, storm drain infrastructure projects, municipal facilities (building) improvement projects, park improvement/construction projects, stormwater improvement projects (green streets, regional, etc.), electrical and lighting improvements, landscaping improvements, bike paths/trails, new building and facility construction projects and inspection and compliance with local and regional standards.
 In-house ability to provide technical and specialized services including constructability reviews, labor compliance and certified payroll monitoring, document control, office engineering, scheduling, cost estimating and grant funding assistance, etc.

Key Personnel
W&A has a successful and extensive record of providing on-call construction management and inspection services to dozens of agencies and cities in Southern California. Over 80% of our contracts are as-needed in nature; many of our clients repeatedly renew our contracts. We maintain this positive record by working closely with our clients to understand their projects and providing multiple resumes of qualified associates that can perform the work. W&A commits to providing this same client focused service to the City. Once an individual is selected for a specific project, we commit to providing this same individual for the duration of the assignment. The only time this might change is when an unforeseen personal circumstance arises; this scenario is always possible, but we have rarely experienced it. In this case, we will always be able to propose an equally qualified replacement.

Carl Wallace, PE, will be the City’s main point of contact. Carl’s strength is his ability to match staff to the right projects. His strong understanding of CM and inspection services helps him determine the right level of staff for each project. He also understands that construction is fluid and can provide the right inspector to service multiple jobs sites in one day or on a part time basis—whatever the City’s needs may be. We currently have over 40 associates providing field services including construction management, inspection, labor compliance and project management. Plus, we have a pool of inspectors available to come to work on short notice; with 48 hours’ notice our inspectors will be ready at the project site. Since W&A specializes in field and construction phase services, we maintain a low, competitive overhead rate. We don’t maintain large offices with specialized equipment as firms that provide design and engineering services are required to do. A key benefit to this low-cost structure is our resulting ability to provide our staff with better pay and benefits. This allows us to easily recruit and retain highly qualified associates. We have experienced a staff turnover rate of less than 5% since starting the business over 11 years ago.

Clients continue to choose W&A for our responsiveness, our experience in a variety of CIP and Development projects and our staff’s personal commitment to help ensure the success of every project. We are proud of the fact that many of our initial clients have renewed multi-year contracts with us over the years.

In staffing our team, we have identified the following personnel within the firm who have proven track records in successfully delivering these services. The amount of time and anticipated level of effort for each key personnel will be determined based on the individual project’s scope.

Principal-in-Charge, Carl Wallace, PE – Carl has spent his 30-year career delivering construction management solutions throughout Southern California and the Western United States including Utah, Nevada and Texas. Since starting the firm 11+ years ago, he has focused on providing exceptional value and service to clients like the City on public works, water, street, and related capital projects for cities and other public agencies. Carl currently and actively oversees W&A’s contracts for construction management and inspection for cities including Pomona, El Monte, Torrance, Santa Monica, Culver City, Manhattan Beach, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Niguel, Lake Forest, Oceanside, Escondido, Chino, Corona, Murrieta, Ontario, Rialto and Temecula, and for utility agencies including California American Water Company, Golden State Water Company, Ontario Municipal Utilities Company, Moulton Niguel Water District, Section 3 – Project Team
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 6

Inland Empire Utilities Agency, Coachella Valley Water District, Indio Water Authority, Rancho California Water District, Elsinore Valley Municipal Water District and Western Municipal Water District. As either a divisional leader or company owner, Carl has successfully managed similar professional service contracts for clients over the past 20 years. Prior to forming W&A, Carl worked for over 11 years managing construction contracts for SANDAG in San Diego.

Senior Project Manager/Senior Construction Manager, Jonathan Smith, PE – Jonathan is a hands-on, results-oriented leader with a proven history of productivity and an ability to take complex issues and get to a consensus quickly. During his 30 plus-year career, he has worked for numerous agencies throughout Southern California in roles varying from Director of Public Works to Senior Civil Engineer. Jonathan is experienced at analyzing complex budgets and technical reports and developing and revising contracts and legal documents using federal, state, and local laws, rules and regulations. He has experience related to construction management and design of roadways, water/wastewater projects, sound walls, retaining walls, and buildings. Jonathan has been responsible for supervision of technical and field staff, change order negotiation and preparation, contract administration, critical path schedule reviews, storm water pollution prevention plan preparation and compliance, claims mitigation, selection committee interviews, cost estimate preparation, reviewing and designing structure- related shop drawings and assuring compliance with plans, specifications and various agency regulations, presentations to city councils and other stakeholder groups. He is a highly effective manager who possesses the ability to develop both entry-level and experienced staff into participatory teams by using strong organizational, interpersonal and critical thinking skills. Jonathan recently managed several traffic signal projects for the City of Menifee. Jonathan was a true “hands-on” Director of Public Works/City Engineer, participating in project roles including designing and constructing traffic-calming improvements. He has recently provided Project Management services for various traffic signal projects for the cities of El Monte and Oceanside.

Senior Construction Inspector, Cesar Ramirez, EE – Cesar is a Civil Engineering professional with over 25 years of construction and engineering project management expertise as well as budgeting, planning, inspection and staff management experience. He has worked extensively throughout Southern California on several city CIP projects that include street/road rehabilitation and traffic signal upgrades. Cesar understands different funding requirements as well as local, state and federal regulations. He just finished providing inspection for the cities of Corona, Culver City, Downey as well as Elsinore Valley Municipal Water District. Cesar provided inspection services for the Euclid Street/Garden Grove Blvd/Woodbury Avenue Rehabilitations and Palmwood Sidewalks ($3.8M) and Magnolia Street Rehabilitation ($3.8M) projects for the City of Garden Grove and Lakewood Boulevard Street Rehabilitation project for the City of Downey. Cesar has also performed detailed documentation for federal and state funded projects as an inspector.

Project Administrator, Teresa Rodriguez – Teresa has over 15 years of construction contract and project administration experience in the public works and private development sectors. She brings strong proficiency in the use of Construction Management Project Control systems and software for construction project administration. Her strength lies in her ability to complete a wide range of project-related responsibilities with a strong understanding of the construction process. She is knowledgeable in assisting on projects from design through the completion of construction.

Subconsultants. W&A understands that, based on the project needs, we may need to utilize the specialized expertise of other firms. We have established working relationships with the following local specialty firm that we can use as needed:

Surveying Services, Dennis Janda, Incorporated (DJI) – DJI is a private corporation providing land surveying and mapping services. The owners and managers of DJI have worked together for both public and private sectors clients, throughout California since 1997. DJI's core staff has their roots in the traditional disciplines of land planning, civil engineering, land surveying and mapping. Upon this foundation they added a diverse team of professionals using the best use of equipment and technology to contribute to their client’s specific project goals and schedules.

Materials Testing Services: Leighton Consulting, Inc.

W&A is currently working, or we have worked with, Leighton where they are providing these same services for projects in Santa Ana, Corona, Rialto, Escondido and for Valley Center Municipal Water District. Leighton has provided geotechnical testing services to public and private sector clients for decades.

Leighton has nearly 60 years of experience providing geotechnical and materials observation and testing of soils, asphalt and concrete for construction quality assurance for municipal infrastructure such as roadways, sidewalks, trails, as well as parking lots. Their experience with pavement rehabilitation projects involves performing observation and testing for soils, aggregates, Portland Cement Concrete (PCC), and Hot-Mix Asphalt (HMA) during construction of streets, curbs and gutters, sidewalks, driveways, and traffic signal foundation. With a roster of more than a dozen local field engineering technicians, they are crossed trained and certified (Caltrans, ACI, and AASHTO) to perform observations and testing for both soils and materials.

Section 4 – Related Project Experience
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 7

On-Call Construction Inspection Services
City of Garden Grove, CA (Feb 2016 – Present)
Related Elements W&A is providing on-call construction inspection services for CIP projects. The contract includes street and roadway rehabilitation, facility, parks and utility relocation projects. Street rehabilitation projects are funded through federal, state and local sources. Inspection duties include DIR’s, photo records, coordination with project manager, traffic control, Weekly Statement of Working Days, RFI’s, progress payments and quantity takeoffs. The following projects are or were supported by W&A staff:
• Harbor Boulevard Traffic Signal ($500K)
• Valley View Street Improvements ($250K)
• Brookhurst Street Rehabilitation – Lampson to Chapman ($1.6M) • Euclid Street Rehabilitation – Lampson to Chapman ($2M) • Euclid Street/Garden Grove Blvd/Woodbury Avenue Rehabilitations and Palmwood Sidewalks ($3.8M)
• Knott Street Rehabilitation ($2.2M)
• Magnolia Street Rehabilitation ($3.1M)
• Westminster and Buaro Street Rehabilitation ($2M)
• Chapman Avenue Pavement Reconstruction ($2.4M)
• Chapman Avenue Residential Pavement Reconstruction ($1.8M) • Cannery-Imperial Interim Storm Drain Improvements from Gilbert Street and Imperial Avenue to Garden Grove Boulevard and Cannery Street City ($3M)
• La Bonita Street Storm Drain Improvement Project ($1.1M) • Ranchero Alley and Lampson Drainage ($400K)
• City Council Chambers Renovation ($550K)
• Police Department Headquarters Renovation ($800K)
CI services for traffic signal projects
W&A Key Staff
Contract Manager: Carl Wallace, PE
Construction Managers: John Reidinger,
CCM, Paul Allison, CCM
Construction Inspectors: Cesar Ramirez,
EE, Pat Shen, QSP, Paul Allison, CCM,
Frank Moreno, David Valenzuela, EIT
Client Contact
Nick Hsieh, PE, Associate Engineer
(714) 741-5190
[email protected]

On-Call Construction Management and Inspection Services City of El Monte, CA (June 2020 - Present)
Related Elements W&A is providing construction management and inspection services for CIP projects throughout the City. Project elements involve federally funded projects, state funded projects, water infrastructure projects, sewer infrastructure projects, storm drain infrastructure projects, street and pavement infrastructure projects, municipal facilities (building) improvement projects, park improvement/construction projects and stormwater improvement projects (LID, green streets, regional, etc.). A recent project includes:
• Traffic Signal Installation at Santa Anita Avenue and McGirk Avenue, CIP 802 ($400K) CM&I services for traffic signal project
W&A Key Staff
Project Manager: Carl Wallace, PE
Construction Manager: Barry Safa, PE,
Construction Inspectors: Cesar Ramirez,
EE
Client Contact
Braden Yu, PE, Public Works & Utilities
Director
(626) 580-2058
[email protected]

Construction Management, Inspection and Administrative Services City of Manhattan Beach, CA (June 2013 – Present)
Related Elements W&A assists the City by providing construction management, inspection and administrative services on CIP projects, industrial and commercial developments. The construction of these developments includes mass grading and installation of sewer, water and storm drains. Inspectors also prepare daily reports with photographs, attend meetings and work with the City and contractors to remediate any concerns or issues. Specific inspection projects include:
• Sepulveda Boulevard at Marine Avenue Traffic Signal Improvement Project ($1M) • Citywide Sidewalk Replacement Project ($1M)
• Citywide Manhole Rehabilitation Project ($500K)
• Sepulveda Boulevard and 2nd Street Water Main Replacement ($1.3M) • Cycle 2 Citywide Sewer Improvements ($1.5M)
• Citywide Storm Drain Improvements ($2M)
• 2020 Citywide Cycle 2 Sewer and Storm Drain Projects ($2.5M) • Big Marine Park AYSO Soccer Field Project ($1.7M)
CM&I services for traffic signal project
W&A Key Staff
Contract Manager: Carl Wallace, PE
Construction Managers: John Reidinger,
CCM, Doug Blois, PE, QSD
Construction Inspectors: Jin Chong, ICC,
AWS, Eric Maher, QSP, Doug Blois, PE,
QSD, Rick Barajas
Office Engineering: Heidi Nesper
Project Administration: Heidi Nesper
Client Contact
Michael Guererro, PE, Project Manager
(310) 802-3510
[email protected]
Section 4 – Related Project Experience
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 8

Project Management and Administrative Services
City of Chino, CA (Jan 2019 – Present)
Related Elements W&A is providing project management and administration for various CIP projects throughout the City. The project work includes developing and managing projects included in the City’s 5-year Capital Improvement Program (CIP). The City’s CIP includes projects under several categories:
parks, public facilities, water, sewer, sanitation, storm drain, streets, traffic and miscellaneous. The 2018/19 budget was approximately $59M divided between 50 projects. Elements involve construction and repair of roads and bridges, installation and upgrade of traffic signals, rehabilitation of water and sewer lines, construction and repair of roads and bridges, installations and upgrade of traffic signals, rehabilitation of water and sewer lines, construction and renovation of parks and City facilities and installation of streetlights and sidewalks. Recently completed and/or current projects include:
• FY 2018-19 Street Rehabilitation and TSM at Riverside Drive ($2.5M) • Local Street Overlay - Walnut & East End Neighborhoods ($1.5M) • 3-System Storm Drain at Ross, Walnut and Magnolia Avenues ($2.6M) • Magnolia Avenue Storm Drain at Salem Street and Carissa Avenue ($700K) CM services for traffic signal project
W&A Key Staff
Contract Manager: Carl Wallace, PE
Project Manager: John Reidinger, CCM
Deputy PM/Admin Support: Melanie
Lindbeck
Client Contact
Maria Fraser, CIP Engineering Manager
(909) 334-3310
[email protected]

On-Call Project Management, Inspection Services and Labor Compliance City of Menifee, CA (Dec 2010 – Present)
Related Elements W&A is providing land development, encroachment permit, SWPPP/NPDES general permit and capital improvement project management and inspection services for the City of Menifee. The scope of the projects includes the city’s entire land development and capital improvement program. W&A staff have also provided project management for 44 traffic signal projects for the City of Menifee totaling over $19M. Completed and current projects include:
• Antelope Road and Garbani Road Traffic Signal Upgrades ($300K) • Ash Street Improvements ($550K)
• Annual Slurry Seal Improvements ($1.2M)
• Belcanto/Andalusia Neighborhood Street Resurfacing ($1M) • Scott Road Pavement Rehabilitation ($750K)
• City-Wide NPDES Inspections
• Safe Route to Schools ($1M)
• Various Tracts and Commercial development projects throughout the City ($250M+) W&A is also providing labor compliance services for state and federally funded projects. Duties include attending the pre-construction meeting to provide applicable labor compliance information handouts and to answer any related questions, monthly reporting, monitor labor determinations throughout the project to ensure compliance with applicable DIR regulations, verify DIR apprenticeship requirements and proper outreach required (DAS forms), perform certified payroll audits, verify contractor is uploading to DIR website and provide field interviews. Projects include:
• Encanto Drive Neighborhood Street Resurfacing ($700K) • Lyle Marsh Park Playground Improvements Project ($105K) • Menifee Lakes Slurry Seal Phase 1 Project ($490K)
• Miralago/Lake Pointe Street Resurfacing ($360K)
• Newport Road and Menifee Road Street Improvements ($175K) • Newport Road Rehabilitation from Bradley Road to Murrieta ($856K) • Newport Road Widening from Haun Road to Bradley Road ($3M) • Ridgewood Road Repairs ($450K)
• Rustlers Ranch Phase 1 Resurfacing and ADA Improvements ($864K) • South of Rouse Road and West of Bradley Road Resurfacing ($390K) • Sun City Boulevard ADA Improvements Project ($68K)
• Sun City Boulevard ADA Improvements Project ($68K)
• Traffic Signal Installation at Holland Road/Bradley Road and Menifee Road/Aldergate Avenue ($550K)
• Zone 3-2015 Street Resurfacing ($400K)
CM&I services for traffic signal projects
W&A Key Staff
Project Manager: Carl Wallace, PE
Construction Inspectors: Keith Barnett,
Bob Cartwright
Labor Compliance: Rachael Highley, Heidi
Nesper, Kim Brown
Client Contact
Carlos Germino, PE, Principal Engineer
(951) 672-6777
[email protected]
Section 4 – Related Project Experience
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 9

As-Needed Project Management, Construction Management, Inspection and Administrative Services City of Irvine, CA (July 2012 – Present)
Related Elements W&A is providing project management, construction management, inspection and administrative services for the City. The project work includes CIP, right-of-way and grading projects. The contract includes a variety of project types including facilities, roadways, traffic signals, parks, annual paving, grading, street and roadway construction, and utility relocations. Recently completed and/or current construction inspection projects include:
• Irvine Boulevard Improvements ($12M)
• 2013/14/15/16/18/19/20 Annual Paving and Slurry Program ($5M/$9M/$6M/$6M/$10M/$7.5M/$8.5M)
• Five Points Development ($150M)
• Great Park Development ($300M)
• Alton Parkway Storm Drain Improvements ($6M)
• City Fueling Station Improvements ($750K)
• Campus Drive Bike Path ($600K)
• San Diego Creek Channel Improvements ($1M)
W&A is also providing the City with project management services during the design and construction of city-owned improvements in support of the 1,200-acre Orange County Great Park development.

Duties include overall management of designers, coordination with CIP administration staff, preparation of project schedules, budgets and weekly updates, management of internal Staff Engineers and Project Administrators in implementing this project to develop the previous El Toro military base. Project will house new training facility for the Anaheim Ducks Professional Hockey team and a new four rink sports complex for skating and hockey tournaments. Projects include:
• Great Park Western Sector C Street and 8th Street Roadway and Infrastructure Project ($8.8M) • Great Park Western Sector Landscape ($3M)
• PA6 Streets and Storm Drains Project ($3M)
• Signage Project ($3M)
• Peters Canyon Trail Lighting Project ($333K)
• AT&T Conduit at Festival Site ($80K)
• Basin 1, Basin 3 and Basin 6 Projects ($100K)
• Installation of a temporary above-ground recycled water pipe outside of Ice Facilities Site ($10K) • Lift Station Enclosure Improvements Project ($250K)
• Portable restroom building relocation ($85K)
• Preliminary engineering work for domestic water service to Visitor Center ($100K) • Relocation of Southern California Edison facilities at Festival Site ($50K) CM&I services for traffic signal project
W&A Key Staff
Contract Manager: Carl Wallace, PE
Project Manager: Barry Safa, PE
Construction Inspectors: Pat Shen, QSP,
Paul Kraatz, Keith Barnett
Project Administrator: Teresa Rodriguez
Client Contact
Alex Salazar, PE, CIP Administrator
(949) 724-6442
[email protected]

On-Call Project Management, Construction Management and Inspection City of Corona, CA (May 2011 – Present)
Related Elements W&A is providing project management, construction management, inspection and labor compliance services for development and CIP projects throughout the City. Project elements involve water and sewer pipelines, lift stations, reservoirs, streets, roadways, streetlights, facilities, parks, land development and utility relocations. A sample of relevant projects include:
• Ontario Cold-In-Place Recycled Asphalt Roadway Rehabilitation ($2M) • 2018-19 Pavement Rehabilitation Project ($1M)
• Foothill Parkway Widening Tamarisk Lane to Teddy Bear Lane ($1.75M) • 91 Freeway Design Build ($1.6B) - Water and sewer relocations ($50M) • Arantine Hills Force Main ($4M)
• CIPP Sewer on Smith Street ($200K)
• Rincon & Malloy Sewer Replacement ($1.1M)
• WRF-3 Sewer Force Main Improvements and Temescal Canyon Backbone Electrical Project ($1.5M)
• Liberty Howe Sewer Line Replacement ($500K)
• Butterfield Park 30” Directional Drilled Recycled Waterline ($3M) • Cajalco Road I-15 Freeway Interchange (WRF-3) New Force Main ($3M) • Cerritos Waterline Replacement ($1.5M)
• Green River Road Widening and Waterline Project ($6.2M) CM&I services for roadway projects
W&A Key Staff
Contract Manager: Carl Wallace, PE
PM/CM: Bryan Tuschhoff, CMIT, QSP, Barry
Safa, PE, B-Lic, John Reidinger, CCM, Jeff
Schippers, CCM, Peter Ramey, PE, Dennis
Phinney, PE, Ken Cope
Cost Estimating: Peter Ramey, PE
Office Engineering: Heidi Nesper, Rachael
Highley, Kim Brown, Christine Gallis
Construction Inspectors: Cesar Ramirez,
EE, Tom Hall, Pat Shen, QSP, Rick Wiggins,
Frank Moreno, Bob Peters, David Babcock,
David Zamiski, Steve Platzer, Phil Fikes, Tom
Mitchell, Pete Ayala, Gordon Lewis
Labor Compliance/Contract Admin: Heidi
Nesper, Rachael Highley, Christine Gallis
Certified Payroll Auditor: Kim Brown
Section 4 – Related Project Experience
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 10

Client Contact
Vernon Weisman, PE, District Engineer
(951) 739-4912
[email protected]
• Hummingbird and Sampson Pressure Reducing Stations ($2M) • Keith 1220-Zone Potable Water Storage Tank (Reservoir) Project ($7.2M) • Masters Drive Recycled Waterline and Repaving Project ($2.5M) • R-3 Reservoir and Booster Pumps ($4M)
• Sixth Street Waterline Extension-Grand to Rimpau ($863K) • Temescal/Glen Ivy Waterline Relocation Dawson ($13M)
• Vista Monterey Recycled Waterline ($500K)
• Water Reclamation Facility No. 1 Telecommunication Tower ($500K) • Well 8a Emergency Generator ($800K)
• Main Street Metro Development ($150M)

On-Call Project Management, Construction Management and Inspection City of Murrieta, CA (Feb 2010 – Present)
Related Elements W&A provides project management, construction management, inspection and labor compliance services to a variety of projects throughout the City. Project types include street and roadway construction, traffic signals, parks, paving, grading, facilities and utility relocations. W&A provides the City with Project Managers, Construction Managers, Resident Inspectors and part-time Inspectors based on the project needs. Our services include managing project schedule and budgets, construction inspection, assistance with project close out and administrative assistance.

W&A also coordinates work with the City, local utility companies and other stakeholders. A sample of projects includes:
• Various Traffic Signal Modifications ($5M)
• Cal Oaks/St Raphael Traffic Signal CIP No. 8257 ($238K) • Historic Downtown Traffic Signal Painting Project ($100K) • Murrieta Community Center Improvements Project ($232K) • Murrieta Senior Center Improvements Project ($400K)
• Senior Center Outdoor Recreation Area ($1.1M)
• Sykes Ranch Park (Engineers’ Estimate TBD)
• Town Square Park Project Phases 1, 2 and 3 ($6.1M)2020 Annual Pavement Rehabilitation Project ($1.2M)
• Jackson Avenue Widening, Extension and Bridge Project ($8M) • Madison Avenue Widening Project ($7M)
• Warm Springs Parkway South Improvement Project ($2.6M) • Whitewood Avenue Widening Project ($6M)
• Adams/Juniper Water Well Redevelopment Project ($100K) • Guava Storm Drain ($2M)
• Line D and Line D-1 Storm Drain Realignment Project ($4M) • California Oaks Sports Park (Engineers’ Estimate TBD) • Jefferson Avenue & Murrieta Hot Springs Road Rehabilitation Project ($500K) CM&I services for traffic signals and street
improvements
W&A Key Staff
Contract Manager: Carl Wallace, PE
PM: Bryan Tuschhoff, CMIT, QSP
CMs: John Reidinger, CCM, Bryan Tuschhoff,
CMIT, QSP, Peter Ramey, PE
Cost Estimating: Bryan Tuschhoff, CMIT,
QSP
Constructability Reviews: John Reidinger,
CCM
Construction Inspectors: Cesar Ramirez,
EE, Eric Maher, QSP, Ken Burris, Richard
Scott, Pete Ayala
Client Contact
Bob Moehling, PE, City Engineer
(951) 304-2489
[email protected]

Ability to Deliver Projects On Time and Under Budget
W&A has an excellent track record of delivering construction projects for owners on time and within budget. W&A works as a team with the City project manager, designer and other stakeholders throughout the life of the construction phase. Recent examples include:

City of Irvine, Irvine Boulevard Widening (Phase 1 & Phase 2) ($20M) Adding lanes on both sides of road, median landscaping, parkways, utility relocations, traffic signal and intersection, ADA ramps, curb and gutter, landscaping and irrigation. (Completed on time and under budget)

City of Corona, Green River Road - Project Management, Construction Management and Inspection ($6.2M) Grant funding, roadway construction, hardscape, sidewalk and ADA improvements, lighting, traffic signals, landscaping and irrigation. (Completed on time and under budget)

City of Corona, 91 Freeway Design-Build Project Sewer Relocations ($20M) Key features included relocation of sewer and force main throughout project area in over 20 locations including jack and bore pits, trenching in roadway and connections. These locations included work within the Caltrans Right of Way, through city streets and adjacent properties for this $100M project. (Our portion of work was completed on time and within budget)
Section 4 – Related Project Experience
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 11

City of Corona, Cajalco Road/I-15 Interchange Project Sewer Relocation ($3M) Key features included relocation of sewer force main through project area in over three locations. These locations included work within the Caltrans Right of Way, through city streets and adjacent properties for this $1.6B project. (Our portion of work was completed on time and within budget)

City of Garden Grove, Cannery-Imperial Interim Storm Drain Improvement Project ($4M) Key features included 60” storm drain project with deep shoring, dewatering, sewer bypass, and SWPPP challenges. Key milestones for rainy season conditional usage were met and exceeded. (Completed on time and under budget)

City of Ontario, Riverside Drive Recycled Waterline ($1.5M) Key features included 8”, 12” and 16” diameter PVC and CML&C WSP recycled water mainline, replacement of watermain, appurtenances, street connections and service connections. (Completed on time and under budget)

City of Santa Ana, Bush Street Bicycle Boulevard, Water Improvements and Sewer Improvements ($2.5M) Added a bicycle boulevard, replaced water main and sewer maintenance holes, street enhancements of traffic circles and/or bulb-outs at seven street intersections, along with landscaping, and updated signs, striping, and markings. (Completed on time and under budget)

Inland Empire Utilities Agency, Napa Lateral Reclaimed Pipeline Project ($6M) Key features included two miles of 16” CML&C reclaimed pipeline on Napa (Arterial) Street. (Completed on time and under budget)

Inland Empire Utilities Agency, San Bernardino Avenue Gravity Sewer Project ($1.2M) Key features included 1,400’ of 15” and 18” gravity sewer pipeline. (Completed on time and under budget)
Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 12

Approach to Delivering Services
W&A believes that the ability to provide high quality services and error free deliverables to our clients is the direct result of six Key Factors:

1. Significant local resources

2. Recent relevant experience and training

3. Proactive management and communication plan

4. Project specific plan

5. Commitment to problem solving

6. QA/QC plan
Significant Local Resources. W&A has over 40 staff local to Southern California. Being centrally based in Corona enables us to provide excellent access to Los Angeles, Riverside, Orange, San Bernardino and San Diego Counties. Many larger companies with local offices cannot offer our depth of local resources of construction services staff. They are generally based outside the area and/or consist primarily of design staff. With our commitment to providing exclusively project management and construction phase services, we can provide our resources with training and equipment specific to our field services. This allows W&A to provide our clients with well-trained and qualified field staff who are a perfect match to implement the construction phase of their capital program. Also, all our project management, construction management, inspection, administration and labor compliance staff are internal employees. In compliance with AB 5, we do not use any independent contractors. W&A has been fortunate in that more than two-thirds of our staff have been with us for over seven of our eleven years. We typically only use subconsultants for geotechnical and materials testing, large scale public relations, surveying and some types of specialty inspection. An added benefit to complying with this new law helps us to maintain staff continuity in all our services, thereby eliminating costly retraining or the time required to get occasional staff up to speed. Utilizing the same tenured staff is critical for ensuring high levels of quality.

Recent Relevant Experience and Training. Our W&A team members have previously worked for years within local city public works departments, water departments, utility agencies, engineering consulting firms and even as contractors. The majority have a minimum of 20 years of professional CM and/or inspection experience. All have been successfully vetted and confirmed by the rigors of the municipal and/or State Public Agency System and bring that specific knowledge of the process and system to each project. Many possess relevant, specialized certifications. This background ensures that every member of our project team understands that all work must be constructed in accordance with the City’s, local and regional standards. Knowing and being familiar with these standards is the foundation for ensuring high quality. Our Construction Managers and Inspectors routinely serve as an expert reference and resource for city and public agency staff pertaining to questions regarding construction management and inspection principles, policies and practices.

Proactive Management and Communication Plan. W&A is very proactive in our approach to project delivery. At the beginning of each project we prepare a project management action plan which outlines the roles and responsibilities of our staff and the client team, including third parties and other stakeholders. This document allows us to clarify, document and stack hands in agreement of the expectations for each team member.

A key aspect of our approach is teamwork and effective, regular communication with both clients and stakeholders. We rigorously interview and hire staff with excellent communication and verbal skills. This sets the bar very high, but we have found these skills lead to the best possible outcomes for our clients. We pride ourselves in maintaining a professional and smooth operation throughout projects.

Prior to starting work our Project/Construction Manager will facilitate the collaboration with the Project Manager/Engineer for the City. Typical items to communicate, depending on the type of work, include review of all plans, special provisions, construction and materials manual, and specifications that apply to the assigned project, review the day-to-day project responsibilities, review the content and format of the daily inspection reports for the project, review the required testing procedures and forms, and discuss roles and responsibilities regarding the City’s procedures for notifications, changes, corrections, delays, rejections and tolerances.

For example, for an inspection assignment our staff will coordinate with the City’s management each day and review the known activities and their anticipated times. We will develop a work progress plan and schedule for their activities and progression of where they need to be throughout the day. As activities pick up, we can plan for additional part time or day-to-day support if needed, as well as coordinate with the City staff that may have availability at times to assist in covering the work. Prioritizing the work is also important, placing inspection of structures and buried infrastructure ahead of lesser important items of work. The key to dealing with multiple project locations is proactive planning, coordination and constant communication with the field staff.

Project Specific Plan. Each project is different in nature and every client varies in how they approach utilizing consultants to accomplish their goals. W&A understands this as we have worked with dozens of clients in Southern California in each of our service lines throughout each market sector. W&A will provide construction management and inspection support as needed for the duration of the project. There may be intermittent work at times and our staffing is flexible to accommodate these changes on an ongoing basis. Our staff is ready to assist as needed.

Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 13

Commitment to Problem Solving. We have a deliberate business strategy to attract and hire professional individuals with a very high level of personal commitment to problem solving. While commitment is not a true technical ability, it is certainly an interpersonal trait that is oftentimes the main driver to achieve our success. It is also a precursor for high quality. Based on specific client feedback, we have learned that our clients continue to choose W&A for our responsiveness, our experience in a variety of CIP and Development projects and our staff’s high level of personal commitment to help ensure the success of every project. Problems are inherent in the field of construction; effectively solving these problems is very key to sustaining ongoing high levels of quality.

A great example of commitment to problem solving involves the recent experience of one of our Construction Managers for a mass grading project. During his first week on a job, he could not figure out why the contractor was using potable water for the draw pond in support of the mass grading operation when there was nearby available recycled water. When he asked about it, the contractor they said that they could not use it because there was always a conflict with the adjacent park, parkways and median landscape watering schedule. Unwilling to accept that answer, our CM went to every irrigation timer and checked the start and stop times for each circuit. The CM then came up with a draw pond water schedule to allow for the filling of the pond with reclaimed water. We received feedback from the contractor that our CM had saved them up to $30K/month with that seemingly simple amount of effort. This initial gesture helped create a collaborative environment where that project ran extremely smoothly throughout the nine-month contract.

Quality Assurance/Quality Control Plan. W&A will administer a program of Quality Assurance/Quality Control (QA/QC) procedures for producing quality work and shall effectively manage and control the work and the budget. The foundation of our QA/QC plan is built upon the prior described Key Factors; we then add our established project controls and documents file structure system and implement it with our Office Engineers and Construction Coordination Specialists to provide continuity, consistency and instant accessibility and availability of data to the client. Our field staff is adept at communicating clearly verbally and in writing for construction documentation. Because of the criticality of accurate documentation, we conduct internal Daily Inspection Report training sessions and apply this same training standard and sign off for subconsultant inspectors as well.

Our QA/QC plan covers each of our typical project deliverables for our construction management, inspection, labor compliance and materials testing services. Deliverables include:
 As-Built Plans
 Certified Payroll Audits
 Contract Change Orders
 Daily Extra Work Reports
 Daily Inspection Reports
 Discrepancy or Non-
Conformance Notices
 Employee Interviews
 Final Pay Estimate
 Invoices
 Job Site Photos
 Materials Testing Reports
 Monthly Progress Reports
 Operations and Maintenance
Manuals
 Project Certification
 Project Files
 Proposed Final Estimate
 Punch Lists
 Start-up Plans
 Weekly Reports
 Weekly Statement of Working
Days
Our Monthly Report includes Status Logs of all RFI’s, Schedule Reviews, Submittal Reviews, Progress Payments, CCO’s, Testing, Special Inspections and Public Contacts. If selected, W&A will provide the City with a detailed Quality Assurance/Quality Control Plan and adjust to mirror the City’s requirements.

Understanding of the Work to be Done
W&A understands understand the City of Gardena is requesting proposals for construction management and inspection services for the Vermont Avenue Traffic Signal Upgrade Project JN 930. The project consists of upgrading the traffic signal system for two intersections, namely Vermont Avenue intersection with Rosecrans Avenue and Vermont Avenue intersection with Redondo Beach Boulevard. The project consists of localized PCC pavement reconstruction including new PCC pavement, curb, gutter and sidewalk as part of a left turn lane extension as shown on the plans. ADA curb ramps shall also be R&R for both intersections. The TSS of both intersections will be extensively upgraded by replacement of traffic signal poles, vehicular and pedestrian heads, cabinets, battery backup, detectors, streetlights, street names, signages and striping as shown on the plans and specifications. The project will be given a 45 working day construction schedule and construction budget of $1.2M.

The City envisions the scope of work for the CM&I to include the following:

1. The project’s Design Engineer has initiated plan evaluation of the ADA ramps (on the Los Angeles side only) and has drawn up B- Permit plans per City of Los Angeles standards for checking of LA BOE. After months of curtesy plan review, the following fees had been estimated by the City of Los Angeles: Estimated Plan Checking Fees: $6,820; Estimated Inspection Fees: $16,940; Estimated additional plan checking Fees: $10,000; Required Bond Amount: $103,000.

The Bond for the B-Permit being required by the City of Los Angeles has been deleted from the CM&I scope. The rest of the fees remains. The CM&I shall include the cost of the above fees and other expenses necessary to secure required bonds in its proposal and shall be part of their contract. Any other unforeseen B-Permit expenses can be subject to additional change. The CM shall also facilitate coordination with the City of Los Angeles during construction to schedule all the necessary inspection by both parties.

Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 14

2. Project meetings and coordination with City staff, design engineers and contractors as required.

3. Monitoring contractor’s progress and schedule through the preparation of daily and weekly reports and pictures. a. All daily reports and progress pictures shall be emailed at the end of each working day to City staff. b. All daily reports and progress pictures shall be included and indexed in the project close out binder that shall be submitted to the city at the end of the project.

4. Coordinate communications and inquiries amongst City staff, residents, and business owners, tenants and the likes as needed. All pertinent communications shall be included and indexed in the project close out binder that shall be submitted to the city at the end of the project.

5. Conduct inspections as required to ensure that all items are constructed per plans, special and technical provisions of the project including all pertinent code requirements. The CM shall perform the following inspection task, but not limited to, the following:
a. Checking and approving material specifications, construction methodologies, traffic control plans and the likes, submitted by the contractor.
b. Conduct regular and special inspections to ensure compliance of all work and methodologies. c. Conduct material and field testing as specified in the Special and Technical Provisions. d. All approved materials data sheets, substitutions, traffic control plans, test and field evaluation results shall be included and indexed in the project close out binder that shall be submitted to the city at the end of the project.

6. Regularly check and inspect notices, traffic control and devices and all construction related measures to ensure public safety.

7. Evaluation of contractor’s progress payment. CM will be responsible in ensuring correctness of quantities and accomplishments of progress payments and make the necessary recommendation to the city. Responsible to represent the City and negotiate and validate potential contract change order(s).

8. Relocation and or replacement of all survey centerline ties, monuments and benchmarks that will be affected by the construction work. Center line ties are mostly the ones affected by PCC pavement rehabilitation and other concrete flatwork (curb and ADA ramp work). Those centerline ties, monuments and other benchmarks on the pavement, curbs and sidewalks that will not be disturbed by the construction work does NOT have to be restored. Construction staking remains in the scope of the contractor. a. All survey work shall be performed by a Land Surveyor registered in the state of California. b. Prior to start of construction, the surveyor can locate and provide temporary ties for all existing centerline monuments and centerline ties.
c. After construction, all existing survey monuments and ties lost or disturbed due to construction shall be reestablished by the surveyor. The surveyor shall also establish centerline monuments and ties at all street and alley intersections within the project limits where none existed prior to construction. d. A corner record of these monuments, benchmarks, ties, etc. established or reestablished shall be filed with the LA County Surveyor.
e. A copy of the County approved corner records shall be provided to the City.

9. Utility coordination and notices. CM shall ensure smooth flow of communication amongst City staff, contractors and utility companies.

10. Maintaining contract records and changes. All changes shall be included and indexed in the project close out binder that shall be submitted to the city at the end of the project.

11. Monitoring of labor compliance practices of the contractor but not responsible for enforcement. Contractor is to adhere to DIR requirements.

12. Preparation of as-built plans after the completion of construction. The contractor shall keep a set of the project plans and red mark any and all changes or deviation on this set as soon as such occurs. The CM shall monitor and ensure the correctness, completeness and timeliness of the remarks. Upon completion of the project the CM shall transmit red mark plans to Design Engineer. The Design Engineer shall be responsible for the preparation of a final as-built drawing for the project based on the red marks made by the contractor and attested by the CM.

13. At project close out, CM shall submit a project binder (hard copy) with a digital copy (inserted in the binder) with all items mentioned above, material tickets, testing results and whatever relevant documents the CM may deemed relevant to establishing project history for future reference.

Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 15

Scope of Work
The below sections convey W&A’s clear understanding of the nature of public contracting and capital improvement projects processes, and the work as detailed in the scope of services section of the RFP. In addition to our understanding of, and commitment to providing, the City’s scope of work, we have included a description of W&A’s work plan and approach to providing construction management and inspection services also follows below. W&A has a high level of expertise and experience in performing the services required for this type of project.

W&A Construction Management Approach. Since these areas form the primary line of our core business, we have a high level of expertise and experience in performing these services. Our team’s experience and our proactive approach enable us to stay ahead of the contractor and maintain the project on track for successful completion, on-time and within budget.

Prior to starting work, our Construction Manager will collaborate with our team and City’s personnel to agree on an overall plan which will include the following actions:
 Review of all existing plans, special provisions, construction and materials manual, and specifications that apply to the assigned project  Review the day-to-day project responsibilities
 Review the content and format of the daily inspection reports for the project  Review the required testing procedures and forms
 Discuss roles and responsibilities regarding City procedures for approvals, notifications, changes, corrections, delays, rejections and tolerances
The result with be the overall Construction Management Plan (CMP). Below are our normal items of the CMP, however we will customize our plan to meet the City’s expectations and project requirements.  W&A/City internal team kickoff
meeting and project management
plan
 Familiarity with the project
 Communication plan
 Document control
 Pre-Construction meeting
 Public relations
 Bi-weekly progress meetings
 Pre-Construction documentation
 RFI’s, problems and solutions
 Quality Assurance (QA)
 Schedule review and control
 Special, deputy and soils inspection
and materials testing
 RFI response and tracking
 Warranty and guarantees
 Change order review and processing
 Progress payment processing
 Construction disputes
 Finalize punch list
 Project closeout
W&A’s goal is to provide clients with responsive construction phase services performed by highly capable and experienced professionals. We pride ourselves on the fact that our President and Principal, Carl Wallace, PE, is always available and responsive by phone, in person and/or email to discuss project progress, questions, etc. Our team is eager to deliver high quality projects and staffing solutions to the City. Below is further detail about each of the Construction Management Plan (CMP) components.

W&A/City Internal Team Kick-Off Meeting and Construction Management Plan: W&A will prepare an agenda to review the project and our role in conjunction with the desired scope and roles and responsibilities for each project. We believe you will never get another chance to get the job started right and to have everyone on the same page. It is critical to identify and clarify the key administrative tasks for the project. Our primary focus will be placed on project team roles and responsibilities, flow of information, public relations activities, communications and authorizations, review of project documents, scope, schedule, quality assurance, schedule, cost control and funding compliance. This will be formalized into the written Construction Management Plan (CMP) and distributed to the team members.

Familiarity with the Project: The first thing we do prior to the start of work is become familiar with the project. In order to acquire this familiarity W&A will visit the project site and construction areas. When the plans and specifications are currently being developed, W&A will review project scope and become familiar with the following:
 Construction drawings showing details of the proposed method of construction
 Phasing, scheduling and sequencing of operations to be performed during construction
 Methods of pedestrian and vehicular traffic control in the project vicinity
 Required project signage and notifications to the public  Methods of resolving conflicts in the plans and specifications  Methods of resolving construction delays
 Methods of resolving contract change orders
 Process for coordinating construction with underground utility agencies
 Review of soil reports, material testing, and construction material submittals
 Document pre-work video and photographs of the project areas
Value Engineering: As early as we can obtain plans and specifications in the project design phase, we can begin to use our resources and expertise to apply our lessons learned to the City’s project and help eliminate issues and provide a more valuable project. For larger projects we utilize specialists in formal Value Engineering when needed.

Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 16

Constructability Review: When a project bid opening occurs prior to our contract start we will quickly review all documents, look for potential changes and make the City aware of any recommendations that we may have. We can also perform detailed constructability reviews through the 60, 75 and/or 90 percent reviews. Reviews include evaluation of methods, cost of construction and materials, progression, plan checking, matching measure and pay clauses, thus ensuring that all items of work are covered within the measure and payment specifications for each item or section of work.

Support During Bid Period and Bid Evaluation: W&A will provide support to the City and Designer as needed for review and response to bid questions through the bid period. We will also review contractors’ bids for accuracy, review bid forms for compliance and check math on bid units and tabulations. W&A will also call references for contractors’ experience and verify that their contractors’ licenses are valid and that they are in good standing.

Field Investigations and Evaluations: W&A is capable of investigating field issues and preparing recommendations with cost and schedule impacts. Our Construction Managers and Inspectors have years of experience in resolving field issues in a cost effective and timely manner.

Authority: W&A will review our role and responsibility for each project we work on with the City. The authority level of our specific role, lines of communication and approvals for our specific scope of work will be reviewed and established, so we all start the project on the same page.

We work diligently to identify and clarify W&A’s specific authority levels for RFI’s, CCO’s, PCO’s, Submittals and Progress Payments at the onset of the project prior to start of construction. The City has established signature authority and procedures and forms that we will review and ensure we understand our role and authority on each project.

Pre-Construction Conference: W&A will coordinate and conduct the pre-construction conference including notification to contractor, utility agencies and other stakeholders, and prepare the meeting agenda and minutes.

The pre-construction conference agenda and minutes will include the following items, at a minimum:
 Introduction of key personnel
 Responsibilities of City
 Safety responsibilities of contractor
 Overview of project
 Confirmation of fully executed contract documents and Notice to Proceed
 Establishment of contract time and completion date
 Review of working day definition and holiday schedule  Identify overall project goals will be identified
 Provide chain of communication and key contacts
 Overview of public relations
 Discuss and define scope, critical design elements, schedule and cost factors
 Discuss experience and key roles in the project
 Identify potential issues and critical items
 Define jurisdictional agencies
 Discuss master schedule
 Review sub-contracts
 Integration of utility coordination activities into schedule  Documentation and tracking controls
 Establish progress payment and change order procedures, scope, schedule and cost change administration, notification requirements, controls, submittal and RFI processes
 Identify long lead and any substitution and “or-equal” items and testing – review call-out requirements and deputy/ special and testing requirements
 Review survey for consistency with the design
 Procedures for labor compliance monitoring and reporting  Establish understanding of right-of-way, easements and special access considerations, traffic control, placement of signs (etc.)  Questions and answers
 Discuss action item assignments and procedure
W&A considers the pre-construction conference as our first progress meeting. All items discussed are designated as “open” or “closed.” All open items are carried forward to subsequent progress meetings until resolved and closed. Action items are assigned a specific responsible party and a deadline for resolution. Minutes for each progress meeting are prepared and distributed to all attendees and affected coordination parties. W&A will typically conduct or, at a minimum, participate in all site meetings. Pre-construction meeting and site meeting minutes will be distributed via email to meeting participants and to courtesy recipients identified by the City.

Project Communication: W&A CM staff has excellent written and verbal communication skills. Simple and clear communication that is similarly documented is what our staff will bring to this project.

Public Contact/Complaints: W&A will set up a protocol for public communication and complaint response prior to the start of any project. We will work closely with the City Communication Officer and set up the necessary system and identify the person to perform this role prior to the project start.

Project Controls: Complete and current project files will be kept at the job site, or at a location agreeable to the City, and these will always be available to the City. Electronic copies of files will be accessible to the City on our cloud storage site. These files will consist of the contract, correspondence relating to or modifying the contract, proposal requests, clarifications, permits, logs, reports, RFI’s, field orders, change orders, claims information, daily inspection reports, quantity calculations, test reports, etc. The W&A team will prepare a detailed file indexing system for all project hard files, and we would offer an industry standard system for contract administration for logging and tracking of critical issues, change management, RFI’s, submittals, digital data and scanned documents. W&A can use City standard or customized forms. We will adapt our system to the specific needs of the project to monitor, track and control the project. This detailed tracking system will enable us Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 17

to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule.

Funding Compliance: W&A has provided project management for federal, state and local funded projects from start to finish, and provided specific services during construction phase such as construction management, inspection and labor compliance for a variety of transportation, water/wastewater, facility and recreation projects in Southern California.

Submittal Processing: The CM will process all correspondence and submittals on this project with assistance from our project administrator.

He will maintain the current submittals for verification that work in the field is following the approved submittals. All shop drawings, samples and other submittals received from the contractor will be logged in and evaluated to see if we can review them or if additional reviewers are needed. If it is determined that W&A staff would not review the submittal, we will quickly discuss the item with the City Project Manager to assure that we agree. Prior to starting the work, we will go through the submittal list and work out any issues with the content up front prior to the start of work. If we do need the submittal reviewed by the designer or another party, it will be logged in and routed to the reviewer with a desired response. Responses will be logged in and transmitted to the contractor. Submittals will be tracked throughout the project to ensure timely response to avoid contractor claims for delay. All submittals will be expedited utilizing electronic delivery whenever possible (except for shop drawings, large format documents, etc.). Additionally, W&A will recommend key contractual requirements for the contractor to clearly indicate submittal processing requirements in the project schedule. Submittal comments will be monitored to identify potential impacts to quality, cost or schedule, with recommended alternatives and/or solutions. All files will be loaded to the cloud file storage.

RFI’s: Upon receipt, the CM will log, distribute and respond to each Request for Information (RFI) as required. It is anticipated that most will be handled upon receipt. However, if the design engineer or the City staff is required to answer questions, the Construction Manager will coordinate a timely resolution. W&A will identify potential impacts to cost or time that may result due to issues identified in RFI’s, with recommended alternatives or solutions to mitigate the potential impacts.

Coordination with City: W&A will closely monitor the work of the contractor. The contractor will be required to submit a four-week “look-ahead” of schedule at the weekly meetings. This is a very effective tool in helping to coordinate the construction operation, particularly in relation to any interface operations with the City’s activities. W&A will assist the City to minimize disruption to both City and construction operations. Our staff will communicate openly with the project team and constantly be making sure that we are all fully apprised and heading in the same direction.

Job Safety: Job site safety is the responsibility of the contractor. W&A will intermittently check that the contractor is following their approved safety plan. Our inspector will attend the contractor weekly tailgate meeting. The CM will review contractor’s safety plan and implement tracking to assure that the contractor is following their safety plan. Our CM will notify the City of any accident or incident related to safety.

Periodic Progress Reports: W&A can prepare comprehensive reports for the Project Stakeholders covering the construction projects that we are inspecting. These reports are typically compiled monthly and would include the following information:
 Summarized report of construction activities including significant events and accomplished goals
 Construction observation reports
 Description of progress with photos to enhance the
descriptions
 Description of equipment used
 Comparison of planned vs. actual progress, in narrative and bar graph forms
 The latest detailed four-week “look-ahead” schedule
submitted by the contractor and reviewed by the CM
 Identification and discussion of current problems or pending change orders and actions taken or planned to resolve such issues
 Discussion of new short- and long-term goals for the project  Comparison of planned vs. actual budget expenditures
 Master trend log detailing potential and approved changes  Report of progress payments made to date and invoices in process
 Safety compliance and labor compliance reports for contractor and subcontractor employees (if required)
 QA/QC prepared by the team addressing testing and
regulatory compliance issues
 Analysis of change order impacts or potential problems on schedule and budget progress, time of completion,
weather/rain days, delays and time extensions, and submit to contractor and the City on a weekly basis. The weekly
statement of working days is typically discussed and agreed upon at each progress meeting and transmitted as an
attachment to the minutes.

Schedule Review: W&A is very familiar with the mainstream scheduling software used by the public works contracting industry including, but not limited to, Primavera P7®, Suretrak® and Microsoft Project®. The W&A Inspector will review the baseline construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-times. The schedule will not be approved as the baseline until all discrepancies are resolved. The CM team will evaluate the baseline project schedule for the following:
 Consistency with the contract schedule (completion within the contract time)
 Accurate start dates, completion dates, other dates detailed in the contract
 Any impacts of weather and change orders
 Sufficient detail – including submittal process and procurement requirements
 Sequence of construction and correct schedule logic
Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 18

 Identification of the critical path and project float  Cost spread allocation Problems and Solutions: The W&A proactive approach serves to anticipate and expeditiously resolve field problems. Our team is well trained in problem solving. All issues are processed with a sense of urgency and presented to the City with suggested alternatives, cost and schedule impacts and recommended solutions. The W&A staff will quickly implement the alternative which suits the best interests of the project and the City. W&A will effectively and quickly communicate with City staff, design consultants and the contractor to identify conflicts construction problems, coordination issues, and will obtain the needed action and response to submittals and RFI’s.

Schedule Control: During the progress of construction, the W&A team will compare the contractor’s monthly schedule updates to the baseline schedule and any approved time extensions, note any shortcomings and monitor and track corrections by the contractor to keep the project schedule on track. A four-week “look-ahead” schedule will be required from the contractor, updated weekly and presented at the weekly construction progress meetings. This tool will keep the entire team looking one month ahead of the project and will facilitate proactive handling of project activities and issues. If necessary, W&A will negotiate time extensions due to change orders or other delays.

Photographs: W&A will prepare and maintain an electronic photo journal documenting the construction progress. Photos will be taken before construction begins, during construction and upon completion of the project. The project will be videoed as well for full capture of all detail prior to construction starting.

Contract Conformance: W&A will visit the site during the normal working hours (and when critical activities warrant it) to verify construction progress and to verify that all work conforms to contract requirements. Deputy and special inspection and materials sampling and testing will be coordinated and provided as required by the final plans and specifications. W&A will reject work that does not conform to the requirements of the contract documents and will promptly report unacceptable work to the City and contractor. Rejected work will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of the City.

QA/QC: W&A will enforce the quality assurance plan, in conformance with the City’s Quality Assurance Manual, or as developed by W&A and the City for the specific needs of the project prior to the start of work. W&A will perform and/or coordinate QA/QC activities daily and review activities as they happen, to make sure that QA/QC procedures are followed, and deficiencies are resolved in a timely and efficient manner.

The CM will maintain a chronological log of all records.

Materials Testing and Observations: The W&A CM will establish a testing program at the beginning of each project and monitor it throughout construction. We will track documentation and record testing results in weekly construction progress meetings. When necessary, corrective measures will be implemented and re-inspected to verify acceptable completion. We will work closely with Leighton staff to implement and track the quality control/assurance testing on the project.

Change Orders: W&A will establish, implement and coordinate systems for processing all Contract Change Orders (CCO’s). Each issue which is identified as a potential change to the design, scope, cost or contract time will generate a change notice. The CM will determine whether a change notice should be considered. The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans or specifications, a Request for Quotation (RFQ) will be sent to the contractor. Any credits for work deleted because of the change will be required then as well. The contractor’s response to the RFQ will be evaluated for reasonableness and completeness. The CM will maintain a Trend Log, listing potential changes as identified, either formally or informally. This Trend Log will be used such that potential change items are not overlooked or deferred until the end of the job. W&A will prepare independent cost estimates as required for contract change orders. Upon approval by the City, the Inspector will prepare, log and process change orders for full execution, and administer their implementation. Once fully executed, the CM Team will review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application.

Daily Extra Work Reports: W&A CM will verify and sign the contractor’s daily extra work reports documenting force account (time and materials) work. W&A will monitor that only appropriate worker classifications necessary for approved time and materials work are included on extra work reports. Any inappropriate workforce and/or equipment charges will be promptly rejected and removed from extra work reports.

Progress Payment Processing: A cost control system based on the contractor’s schedule of values, approved change orders and the contract amount will be developed and implemented to monitor progress costs.

W&A CM will review the payment applications submitted by the contractor, check and or verify quantities using measurement of items and verification of the quantities computed and noted in their signed daily reports. The CM's daily reports and measurements will determine whether the amount requested reflects the progress of the contractor’s work. Appropriate adjustments to each payment application will be required by the contractor. When the payment application has been checked, it will be presented to the City for processing.

Construction Meetings and Field Meetings: The following meetings will be held on site:

Periodic Progress Meetings with agencies, design team and staff to discuss all data included in the monthly progress reports and focus on the following items:
 Progress during the period
 Major decisions made
 Planned vs. actual schedule
 Upcoming work schedule
 Current or unresolved problems
 Anticipated or pending change orders
 Impacts of problems or change orders on
schedule and budget
 Discussion of new goals
Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 19

 Planned vs. actual budget analysis
Weekly Progress Meetings will be mandatory for the contractor and W&A staff, and optional or on an as-needed basis for City and design team staff. All parties are always invited to attend in person or via remote. Meeting minutes are distributed to all team members whether in attendance or not. Discussions will focus on the following items:
 Contractor’s detailed four-week “look-ahead” schedule  Progress and major decisions during the last week
 Update of unresolved items from previous meetings
 Status of submittals and change orders
Bi-weekly Safety and Tailgate Meetings will be mandatory for the contractor and W&A staff. Topic summary and sign-in sheet will be kept and distributed to City staff.

Special Meetings will be scheduled as needed to discuss important issues or which require detailed discussion or review of Plans and Specifications. These meetings will follow the weekly meeting to reduce trips, if issues are not urgent.

Written Instruction: W&A CM will issue written instructions to the contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues. Our inspectors have speed memo forms to document any issue and provide immediately a copy to the contractor.

Plans, Specs and As-Builts: W&A will periodically review the contractor’s as-built updates on the approved job plan set, identify missing items, and require the contractor to keep as-built records up to date throughout the project. At the City’s option W&A will keep its own set of as-built plans, which will note the location of subsurface utilities encountered and/or installed, identify where any design or field changes were required (utilizing the corresponding RFI and/or change order numbers), and note the location of critical building components that are covered by finish work. At the end of the project the final as-built plans are submitted to the City within thirty (30) days of construction completion.

Operations and Maintenance Manuals: Our CM will confirm that the contractor provides the proper number of specified Operations and Maintenance manuals within the time frame requirements in the contract. W&A will enforce the provisions of the specifications to require the contractor to submit well documented operations and maintenance manuals, warranties and guarantees, bonds, extra stock and/or other items required by the contract documents such that a timely close-out of the project is implemented.

Close-Out: W&A will perform closeout duties including final organization of project files and submit to the City for final approval and assist with the filing of the notice of completion and release of retention.

Preliminary Notice and Lien Releases: After all requirements have been met the Inspector will sign off on the appropriate form to recommend approval to recommend release of funds.

Warranties and Guarantees: We will track all material warranties and guarantees identified in the specifications and make sure that we receive the required scope of these as well as the correct number of these documents with contact information, product names and manufacturer’s representative and contact information. It is recommended that the City include a follow up schedule to have warranty items checked prior to their anniversary date so that any issues can be resolved under the contract warranty. These will be included in a binder as well as electronically stored for the City.

W&A Construction Inspection Approach. Construction inspection is all about documenting the project and getting the material and facilities put in place in accordance with the regional standards and project documents. W&A understands that each inspection report is a legal document, and we treat them as such. The Inspector is on site to observe and confirm the quality of the field work. Key activities include:

Project Controls: W&A is familiar with the City record keeping system and will make sure that the work product that they are producing is routed and stored according to the City procedures. Electronic copies of files will be accessible to the City on our cloud storage site.

Daily Construction Observation Reports: The W&A Inspector will compile daily observation reports documenting the contractor’s workforce, all materials and equipment used or idle, a summary of the construction operations, any field problems, any disputes or claims, resolutions of issues and information provided or written directives to the contractor. Completed daily reports will be transmitted to the City on a weekly basis with originals filed and stored appropriately. Our CM will review and approve all daily reports. We typically include job photos with each daily report or categorize them by date and location for storage and “searchability” by title date location or key words on the computer. These are stored on our SharePoint/OneDrive file system which the City can access at any time.

Photographs: W&A will prepare and maintain an electronic photo journal documenting the construction progress. Photos will be taken before construction begins, during construction and upon completion of the project. The project will be videoed as well for full capture of all detail prior to construction starting.

Schedule Review: W&A can review parts of the schedule for timeline and crew size production rate. The inspector will obtain the critical path from the City Construction Manager to make sure that they document work done or not done on the controlling items each day. The W&A Inspector will also review the baseline construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-times.

Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 20

Construction Meetings and Field Meetings: W&A Inspector will attend and contribute to required meetings held on site. These typically include:

Periodic Progress Meetings with agencies, design team and staff to discuss all data included in the monthly progress reports and focus on the following items:

Progress during the period
 Major decisions made
 Planned vs. actual schedule
 Upcoming work schedule
 Current or unresolved problems
 Anticipated or pending change orders
 Discussion of new goals
 Impacts of problems or change orders on
schedule and budget
 Planned vs. actual budget analysis

Weekly Progress Meetings will be mandatory for the contractor and W&A staff, and optional or on an as-needed basis for City and design team staff. All parties are always invited to attend in person or via remote. Meeting minutes are distributed to all team members whether in attendance or not. Discussions will focus on the following items:
 Contractor’s detailed four-week “look-ahead” schedule  Progress and major decisions during the last week
 Update of unresolved items from previous meetings
 Status of submittals and change orders
Bi-weekly Safety and Tailgate Meetings will be mandatory for the contractor and W&A staff. Topic summary and sign-in sheet will be kept and distributed to City staff.

Special Meetings will be scheduled as needed to discuss important issues or which require detailed discussion or review of Plans and Specifications. These meetings will follow the weekly meeting to reduce trips, if issues are not urgent.

Construction Surveying: W&A has included DJI for surveying services. We have an excellent established relationship with DJi and can utilize their services as needed. We normally will establish scope for each project based upon the need identified by the City and the project. Typical services during construction include quality assurance verification for line and grade as well as construction staking for layout of infrastructure.

W&A Construction Manager and/or Inspector will work closely with the surveyor (either Towill or the contractors’) to provide complete scope of services for the project and maintain their completion within the established budget.

Change Orders: W&A Inspector will provide support to the CM for cost estimates, quantities, construction details and production rates for any proposed change order work.

RFI’s: If RFI’s (Requests for Information) are received by the W&A Inspector he will coordinate with City CM to log, distribute and respond to each RFI as required. It is anticipated that most will be handled upon receipt. However, if the design engineer or the City staff is required to answer questions, the Inspector will coordinate with City staff for a timely resolution. W&A Inspector will identify potential impacts to cost or time that may result due to issues identified in RFI’s, with recommended alternatives or solutions to mitigate the potential impacts to the City Construction Manager.

Progress Payment Processing: Typically, a bid item or cost control system based on the contractor’s schedule of values, approved change orders and the contract amount is used to monitor progress costs. W&A Inspector will calculate monthly quantities and percent completed for lump sum items. This will be used to review and suggest adjustments to progress payment applications submitted by the contractor. When the payment application has been checked, it will be presented to the City Construction Manager for their final review and approval.

Weekly Statement of Working Days: When applicable the W&A Inspector will prepare a weekly statement of working days documenting the construction progress, time of completion, delays and time extensions, and submit to contractor and the City on a weekly basis. The weekly statement of working days is typically discussed and agreed upon at each progress meeting and transmitted as an attachment to the minutes.

SWPPP: W&A Construction Managers and Inspectors have QSP certifications. W&A staff will make sure that the approved Storm Water Pollution Protection Plan is distributed to the contractor and City staff, check that the project is loaded on the state database and that the project complies with the approved WQMP. W&A will enforce all provisions of the Plan and/or other requirements set forth in the specifications. W&A staff is well versed in NPDES monitoring through provision of dedicated services for oversight of developers and contractors on behalf of several public agencies. In addition, our QSP staff will prepare and execute the necessary weekly reports as well as mandated pre- and post-storm reporting as needed.

Materials and Workmanship: W&A will recommend approval of materials and workmanship that meet the contract requirements, in coordination with the authority of the consulting engineer, architect, fire inspector, deputy inspector or other authorized representative or regulatory authorities having jurisdiction.

Written Instruction: W&A will issue written instructions to the contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues. Our inspectors have speed memo forms to document any issue and provide immediately a copy to the contractor.

Plans, Specs and As-Builts: W&A will periodically review the contractor’s as-built updates on the approved job plan set, identify missing items, and require the contractor to keep as-built records up to date throughout the project. At the City’s option W&A will keep its own set of as-built Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 21

plans, which will note the location of subsurface utilities encountered and/or installed, identify where any design or field changes were required (utilizing the corresponding RFI and/or change order numbers), and note the location of critical building components that are covered by finish work. At the end of the project the final as-built plans are submitted to the City.

Pre-Final Inspection: The Construction Manager and Inspector will perform the final job walk and prepare the punch list (deficiency list). W&A will coordinate and observe the completion of required corrections. Should the contractor lag on a portion of the completion of project work, W&A will estimate the value of the incomplete items and recommend specific retention amount in accordance with the contract to preserve the City’s financial interest. If necessary, a change order will be recommended for approval for completion of the remaining work so that the City may file the notice of completion and start the time after which stop notices and/or claims are no longer valid.

Final Inspection: All corrections must be made before W&A recommends processing of the “Notice of Completion.” W&A is noted for our attention to detail. Upon completion of the punch-list and final sign-off by all project stakeholders, W&A will make a recommendation to the City regarding the contractor’s final progress payment request and prepare a final progress payment report for submission to the City.

Delivery of As-Builts and Close-Out Documents: W&A will review as-built plans and prepare as-built reports. W&A will assist the contractor in maintaining a field set of as-built plans to be updated daily and delivered to the City upon project completion. W&A will continually document changed field conditions and not rely on the contractor to document as-builts. The Inspector will report and photograph field condition changes.

The Inspector will document and keep these as-built conditions on plans on site. W&A will review the contractor’s submittal of as-built conditions and compare this submittal to W&A’s own documentation. Discrepancies will be discussed, resolved and recorded. Completed as- built plans will be submitted to the City within thirty (30) days of construction completion.

W&A will enforce the provisions of the specifications to require the contractor to submit well-coordinated operations and maintenance manuals, warranties and guarantees, bonds, extra stock and/or other items required by the contract documents such that a timely close-out of the project is implemented. W&A will perform closeout duties including final organization of project files and submit to the City for final approval and assist with the verifying all preliminary notices are satisfied, filing of the notice of completion and release of retention.

Close-Out: W&A will perform closeout duties including final organization of project files and submit to the City for final approval after purging or storing unnecessary documents and assist with the filing of the notice of completion and release of retention.

Warranties and Guarantees: We will track all material warranties and guarantees identified in the specifications and make sure that we receive the required scope of these as well as the correct number of these documents with contact information, product names and manufacturer’s representative and contact information. It is recommended that the City include a follow up schedule to have warranty items checked prior to their anniversary date so that any issues can be resolved under the contract warranty. These will be included in a binder as well as electronically stored for the City.

Plant Establishment Period: If there is a landscape maintenance period, W&A Inspector will provide periodic maintenance inspections as specified. Any plant material not thriving will be recommended to be replaced per the contract provisions and new maintenance will be established. Irrigation system coverage and watering times will also be checked and, if any modifications are required, these will be updated in the operations and maintenance manuals for the system prior to acceptance of the maintenance period and turnover of the system to City maintenance and operations staff.

Cost and Schedule Control
Cost Control
W&A administers a program of Quality Assurance/Quality Control (QA/QC) procedures for producing quality work and shall effectively manage and control the work and the budget. Specific procedures include building a plan for the critical items of work coordination, then following the plan. We work with the City and/or Agency to develop a plan to include administrative procedures for managing cost control, meeting funding requirements, materials testing compliance, mitigation measures, compliance with right-of-entry permits, encroachment permits and grant agreements, reviewing and scheduling the work, quality check of all construction calculations, change order drawings, survey notes, change order specifications, construction cost opinions, and weekly and monthly reporting. We then develop a project plan involving input from all the stakeholders and then work the plan.

W&A has numerous and comprehensive procedures in place for providing quality assurance—resulting in effective cost control and budgeting—on our projects. We build a QA matrix for the project to identify and track steps to be taken for compliance with the program. The initial spreadsheet will be compiled and then applied to the specific project depending upon the type and quantity of work. We work closely with the City and/or Agency to comply with the requirements of the project and with our own program. These QA/QC activities generally are in place for cost control, budget management, regulatory compliance, accuracy and the elimination of rework. The areas of focus for QA/QC, as well as the key activity/checkpoints associated with each, are identified below:

Invoices: W&A Invoices: Our Project Administrator will prepare the invoice and update the project budget. Our Office Manager will then review and check hours, verify budget status and submit to the Project Manager/Construction Manager. Our Project Manager/Construction Manager will review the entire invoice and approve for transmission to our client.

Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 22

Consultant Invoices: W&A Project Administrator will receive invoices and perform a math check. Our Office Manager will then review the invoices, verify budget status and schedule and transmit to the Project Manager/Construction Manager to complete a final review and approve.

Monthly Reports: Progress: Our Project Administrator will collect project cost and schedule information and include this information in the draft report. Our PM/CM will review progress and compare to normal progress curves to identify any potential issues. We use Caltrans models for project progress and compare actuals with each project.

Budget: Every project contains specific elements with a defined budget. These include the construction contract, our contract, executed change orders, subconsultant contracts, etc. We track our budget at every two-week pay period and check versus the projected burn rate from our original or updated proposal. This allows us to make staffing adjustments to maintain budget or to identify the reason for the change and immediately inform our client if we anticipate the need for additional funds.

Schedule: We will review the contractor’s schedule each month (or weekly on shorter duration projects) to confirm accuracy and identify potential delays. We work to head off delays and focus our efforts on removing obstacles in the schedule or expediting work to maintain the schedule and not use project float.

Critical Issues: We use the monthly report to identify critical project issues and document our activities or to expedite work to resolve any issues that come up.

Additional QA/QC Activities: Daily Inspection Reports: Our Project Administrator will review the dates, numbering, start and stop time, hours worked and compare with the weekly time sheets. Our Operations Manager will pull five random inspection reports weekly and provide feedback to each Inspector; any areas needing improvement are incorporated into our inspection training program. We issue specific feedback on an ongoing basis to our entire staff regarding the findings and provide direction on the best way to handle issues that arise or to correct problems with specific situations.

On projects where we perform construction management, our Construction Manager will review and sign DIR’s each day/week. We publish and distribute an internal inspection training memo to all our staff every other month. This real-time information has resulted in significantly improved quality of our DIR’s.

Materials Testing: Every construction project we are involved with generally includes materials that require some form of verification of their suitability or installation process. This is typically performed by a third-party vendor hired by W&A as a subconsultant or by the agency directly.

At the beginning of each project, we work with the materials testing company to prepare a testing matrix for the identified materials either through the project plans and specifications or a typical standard (Caltrans, Greenbook, AWWA, etc.). We also identify the types of materials that require a certificate or compliance. We set up the frequency and band of compliance for the testing results. We track the tests daily and identify any failures and make sure that failed tests are documented until satisfactory results are achieved; we then document these final results as well. These are typically witnessed by the Inspector and confirmed by our Construction Manager.

Design Review: We provide a complete design review for each submittal phase, typically 30%, 60%, 90% and 100%. W&A is able to integrate our review for both design and constructability based upon our Project Manager’s combined background in both design and construction phase services. We have numerous CM staff who also have hard bid contracting experience and add an enhanced level of quality and consistency to the review process. We provide a full review, cost evaluation and schedule review.

Internal Budget and Scope: W&A includes our budget on all invoices. We also track against the anticipated bi-weekly costs for our payroll runs to monitor the spending. When our services are related to the management of a construction project and the contractor is not meeting schedule milestones or progressing satisfactorily, we will collaborate on methods to regain the time so that the contractor can maintain their original schedule. If they are unable to complete their work within the contract time, we will work to economize our services to maintain our own budget for the project, as possible. We update our client regularly on our budget status and should there be changes in the construction contract that add time, we work with our client on a strategy for our services to comply with our budget or negotiate a revised budget to continue our services through the new completion date.

Oversight of Design, Materials Testing, Survey and/or Environmental Consultant: When we provide project management services, we are often assigned the task of managing the engineering services company. We will establish clear budget scope items and track payment amounts and percentage of progress against these items on monthly invoices. If any out-of-scope work is requested, it is also quantified and added to the contract via an amendment. We do not allow out of scope work to progress without written authority.

Management of Construction Contract Budget: When managing the construction contractor’s budget, W&A will use the invoicing process and the project schedule to establish the tracking of time and money. We utilize our weekly meeting to document the work items that the contractor plans to accomplish and compare the planned results with what they complete each week. We do not allow out of scope work to proceed without a contract change order or written notice that the contractor is proceeding at their own risk. We also document the activities of all manpower, equipment and materials for the project so that if a contractor makes a claim at the end of a project, we will have a basis for refuting any claims for additional payment.

Managing Subconsultants: We understand the importance of maintaining a high level of QA throughout the project team. We need to embrace the entire team and implement the same set of standards to meet the needs of the project. Our QA plan incorporates review of all work in Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 23

varying gradients to streamline our overall process as it is applied to our scope of work. Using our internal program, the Project Manager or Project Principal will review each sub-consultant’s performance with the established company criteria and unique project criteria. We monitor budget, progress and documentation for each sub-consultant’s scope of work. We establish the appropriate level of reporting that provides the necessary information but does not create extra work or overly cumbersome administrative tasks that are not necessary. We strive to maintain a high quality but lean operation throughout our quality assurance program.

QA/QC Manager: Finally, W&A utilizes our Quality Control Manager, Carl Wallace, PE, to oversee and manage our Quality Control Program.

Carl has 29 years of experience in managing large-scale infrastructure, transportation and water construction programs for various public entities and is highly experienced in managing multimillion-dollar projects during the design and construction phases. He has also managed a significant number of construction management and inspection contracts for numerous city, county and state agencies. Carl takes a proactive approach to the implementation of QC measures and is there to ensure that they are maintained throughout the duration of project. On each W&A project, critical QC information is gathered every working day by the W&A project team and compiled into a tracking matrix. This information is then conveyed weekly to the City’s Project Manager, the contractor and W&A Project Manager, Carl Wallace, on the weekly project report and bi-weekly project progress meeting. This ensures that all QC issues are discussed with both parties weekly and the resulting information documented, tracked, assessed and distributed to the City and the contractor over the course of the project. Most important, this method ensures that on a weekly basis all parties are aware of the issues, informed in writing, and therefore responsible for the outcome of the project QC issues at hand.

Schedule Control
W&A has an excellent track record of delivering construction projects for owners on time and within budget. W&A works seamlessly as a team with the City Project Manager, designer and other stakeholders throughout the life of the construction phase. We use three ways to maintain our projects on schedule. These include:

1. Review plans, specifications and bid documents prior to bidding/construction

2. Manage proactively during construction

3. Identify project goals/schedule recovery
The three ways, including tools and processes, to maintain schedule control are woven into our overall Pre-Construction and Construction Phase Activities as described below.

Pre-Construction Activities: When we are involved in a project prior to construction we take this opportunity to review the contract documents (ideally prior to the project going out to bid). We typically review the specifications for completeness and confirm that measure and payment clauses match up with each other. We also check that all items are clearly being paid for in some way and do not conflict with other areas of the plans or specifications. We review bid items to confirm any items with a large volume and/or high-cost items for accuracy. Primarily, we actively review the documents to eliminate any type of conflict that can cause delay. This review typically involves accuracy of underground facilities, permit requirements and third-party activities. The most common delay comes from when there is no power at the site and the team has not completed the establishment of power with the utility company.

Construction Phase: Unfortunately, agencies will frequently bring a CM firm into a project just as the bids are in and the construction contract is being awarded. In these scenarios, we will still work to review the documents and resolve any conflicts we discover as soon as possible (as stated above). Discovering issues at this time is still better than when the contractor brings it up. If an issue is not discovered prior to construction, we then need to address it as a change notice and resolve through the change order process; this is generally more costly.

We track overall construction cost as mentioned above through our monthly reporting. We also track the additional change order costs against the approved budget or contingency amount. We also forecast bid item costs to make sure we are aware of any need for increase of bid items.

Any change order work paid for at force account or on a time and material will be monitored daily to assure that we check that they are not adding additional staff, equipment of materials that are not part of the scope and then cost it our against our approved amount.

The main proactive tool we have during construction phase is the project schedule combined with the four-week “look-ahead” schedule which typically looks three weeks ahead and one week back. This allows us to discuss with the contractor each week in our weekly meeting the accuracy of what they have or have not accomplished, and to work together to either remove any impediments to the contractor’s progress or gain proper approvals or achieve consensus in the resolution of site issues that arise with the owner and designer. In addition to this we are continually looking at the actual work, the equipment and materials procurement schedule and identifying what potential shortage they may have related to in these areas; we can then present friendly reminders. Most delays are due to poor planning and materials delays. We will stay in contact with suppliers of long lead time items and independently verify the delivery schedule of key items. We will also confirm that the timing provided by the supplier matches up with what the contractor is telling us. The important thing is to know the construction process and be familiar with the equipment, materials and rate of production required to meet the schedule. W&A has construction managers who have worked for agencies and as contractors, which makes them very valuable to our clients. Most of our construction managers have A, B or C contractors licenses as well as field experience. We only provide high quality staff with deep expertise which helps to eliminate many of the Section 5 – Scope of Work
City of Gardena | RFP for Construction Management and Inspecti on Services for the 170th Street Improvement Project JN 944 24

delay related issues. The proactive approach with experienced field staff is the prime reason we have such an excellent record in delivering our projects on schedule.

Schedule Recovery: Despite the activities described above, there may come a time when a project is impacted by a schedule delay tied to the contractor. When a job is in a delay, we need to work with the owner to identify the overall project objectives and then dig into the schedule and focus on achieving those goals as efficiently as possible. The critical path of the schedule is the primary target where we focus our efforts.

Resequencing can cost money but may be more cost effective then a delay or lengthy claim to resolve at the end of the project. A complete review of the schedule and work arounds or resequencing can sometimes be a net gain for the contractor and the client. We use our practical knowledge and experience, based on decades in the field, to apply effort to resolving—or worst-case mitigating—the delay and clearing out any obstacles to that process or operation. W&A will work with the City at methods to recover time and cost and reach agreement on our approach prior to implementing any recovery plan.

W&A’s Strength in Construction Management and Inspection Services Expertise: W&A and its staff have the background, resources, track record and relevant experience for successfully delivering public works services to the City of Gardena as well as other cities in southern California. We have provided project management, construction management and inspection as a major component of our service to clients since we were founded. We have developed and continuously improved our management systems and modify them to accommodate various funding types and the typical CIP construction projects for the specific purpose of successfully delivering Capital Improvement Projects within a City in accordance with state and local requirements. W&A also understands the importance of having our staff be experts in their field. Since our defined area of focus is construction services, we provide the appropriate resources to ensure that we offer services of the highest standard available for our specific area of expertise. This includes our internal documentation system, our new and professional equipment and our staff training and recognition systems that allow us to attract and retain some of the best people in the industry.

Experienced and Professional Staff: Our goal is to provide our clients with experienced engineering and construction management professionals who possess extensive street, water and sewer expertise. We also strive to provide staff that is registered as appropriate to the level of complexity and type of projects being implemented. We have Project Managers and Construction Managers who are licensed Engineers and have Contractor licenses. Many of our primary inspectors have both contracting background and inspection certifications.

These certifications include APWA, ACIA, QSP, and D-1, D-2, D-3, D-5, T-1, T-2 and T-3 certifications for water distribution and treatment. We also have staff that are Certified Cross Connection Specialists, Certified Welding and Structural Steel Inspectors, NASSCO Certified Cured-in- Place Pipe Inspectors, NACE Certified Coating Inspectors and numerous inspection staff with reinforced concrete and asphalt inspection certificates through ICC and ACI. They also have experience with testing related to water projects, including hydrostatic testing, chlorination/de-chlorination, dewatering and bac-t tests. All our staff has recent training in SWPPP/NPDES and other applicable areas of expertise.

Our full-time field staff members are provided a company Ford F-150 Super-Cab or Chevy Silverado Super-Cab vehicle with fuel and maintenance cards. They take these vehicles home at night for security and to not burden the client with additional vehicles to house at their facility. We provide cell phones that will connect with the client staff phones and have unlimited minute plans, so our staff does not need to worry about time usage. We provide staff with digital cameras with adequate storage to document the projects each day. We also provide staff with laptop computers and mobile air cards so they will be able to document their activities as they go, maintain their project records and daily inspection reports as they occur and distribute these reports immediately. We also provide the necessary tools for our field staff to do their job such as: heat gun, survey level, smart level, measuring wheel, tape measure, peep site and flexible rod, and probe. Of utmost importance is the provision of safety equipment (glasses, reflective vests, hard hats, jacket, cones, flares, first aid kit and fire extinguishers). Our goal is to provide our clients with experienced, safe and fully equipped staff so that they are confident in who we provide. This allows the client to focus, without distractions, on doing their jobs of managing their overall construction program.

Resources: W&A’s large local pool of engineering professionals, construction management and inspection staff enable us to continually attract quality people through employee referrals. This continuous pool of qualified staff allows W&A to provide the high-quality resources to quickly respond to our clients’ needs. We have the resources to consistently deliver qualified, friendly, well-trained staff to our clients. We interview new staff regularly to maintain our knowledge of local and qualified available individuals ready to come on board for the next assignment.

Summary: The W&A team has excellent similar professional and field-oriented qualifications, relevant local experience and familiarity with the geographic area of Gardena. With our corporate office located in the center of Corona and our steady growth and expansion in the region, we are more than capable of managing the projects contemplated by the City. In fact, we are the perfect fit in size, expertise and capabilities—we are large enough to successfully provide the right staff at the right time, yet small enough to make quick decisions and nimble adjustments which ensures the best quality service to support the City with their traffic signal upgrade project. We pride ourselves on the fact that our President and Principal, Carl Wallace, PE, is always available and responsive by phone, in person and/or email to discuss project progress, questions, etc. Our team is eager to deliver high quality projects and staffing solutions to the City.

Precon
NTP
Closeout
2022
Allocation Staff Role Sept OCT Nov Dec Jan Total
Hours
Hourly
Rate Cost
0 1 2
As-Needed Carl Wallace, PE Project Principal 2 2 2 0 0 6 $190 $1,140 As-Needed Jonathan Smith, PE Project/Construction Manager 8 56 40 0 0 10 4 $190 $19,760 As-Needed Cesar Ramirez, EE Senior Construction Inspector 8 160 80 0 0 248 $140 $34,720 As-Needed Teresa Rodriguez Project Administrator 15 60 45 0 0 120 $84 $10,080 Direct Cost Budget (Reproduction, Postage, Shipping, Incidentals) $0 Total of Hours 33 278 167 0 0 478
SubTotal CM/CI Fee $65,700

SUBCONSULTANTS
As-Needed Dennis Janda, Inc. Surveying $8,200
As-Needed Dennis Janda, Inc. Surveying $3,660
As-Needed Leighton Consulting, Inc. Materials Testing $25,000 $36,860
$1,843
$40,520
$106,220
Notes:

2. Hours based upon a 30 working day schedule provided in the RFP. Should schedule change additional fees may be requested.

Construction Management and Inspection Services for
City of Gardena—170th ST. STREET IMPROVEMENT PROJECT JN 944 Construction Project Period by Months
Construction 30 WD's
(2 Months)
Wallace & Associates Staff

1. No premium inspection time is anticipated. Any inspection overtime/Saturday work would be charged at 140% of base rate and any inspection double time, Sundays and Holidays would be charged at 180% of base rate.

Base scope of work
As needed—Prepare and process up to 20 Corner Records
Total Estimated CM/CI Fee
SubTotal Subconsultant Fee
5% Subconsultant mark-up
Total Subconsultant Fee
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 26

Resumes
Section 7 – Appendix
Carl Wallace, PE
Principal-in-Charge
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 27

Mr. Wallace has over 30 years of experience in managing public works infrastructure, water and construction programs for several public entities and is highly experienced in managing large scale projects during design and construction phases. He brings strong understanding of local, state and federal funding requirements, Caltrans LAPM, Greenbook Standards. Since starting W&A in January of 2010, Carl provides project and contract management services, as well as oversees all QA activity. He ensures the success of each project and provides support to both clients and personnel. His key responsibilities have included managing capital construction projects ranging from small projects to major programs with construction values up to $500M.

Specific responsibilities have included staffing, management, project delivery, on-time performance, adherence to jurisdictional requirements, hiring and managing other consultants for tasks involving testing, project controls, inspection, resident engineering and claims management, and he has personally performed these same duties for a variety of local, state and federal projects. Prior to forming Wallace & Associates, Carl worked for over 11 years managing construction contracts at SANDAG in San Diego.

City of Garden Grove - On-Call Construction Inspection Services Harbor Boulevard Traffic Signal ($500K)
Valley View Street Improvements ($250K)
Brookhurst Street Rehabilitation – Lampson to Chapman ($1.6M) Euclid Street Rehabilitation – Lampson to Chapman ($2M) Euclid Street/Garden Grove Blvd/Woodbury Avenue Rehabilitations and Palmwood Sidewalks ($3.8M)
Knott Street Rehabilitation ($2.2M)
Magnolia Street Rehabilitation ($3.1M)
City of El Monte - On-Call Construction Management and Inspection Services
Traffic Signal Installation at Santa Anita Avenue and McGirk Avenue, CIP 802 ($400K)
City of Manhattan Beach - Construction Management and
Inspection Services

Experience
30 years
Education
BS, Engineering; San Diego State
University
Registrations
Registered Civil Engineer, CA
#C59307
Certifications
Caltrans Resident Engineers Academy
FTA Grant Management
40-hour HAZMAT Training
10-hour OSHA Training
Affiliations
American Society of Civil Engineers
American Public Works Association
Construction Management
Association of America - Past Board
Member
American Water Works Associates
American Construction Inspectors
Association
Sepulveda Boulevard at Marine Avenue Traffic Signal Improvement Project ($1M)
Citywide Sidewalk Replacement Project ($1M)
Citywide Manhole Rehabilitation Project ($500K)
City of Chino - Project Management and Support Services FY 2018-19 Street Rehabilitation and TSM at Riverside Drive ($2.5M) 3-System Storm Drain at Ross, Walnut & Magnolia Avenues ($2.6M) Local Street Overlay -Walnut & East End Neighborhoods ($1.5M) Magnolia Avenue Storm Drain at Salem Street & Carissa Avenue ($700K)
City of Menifee - On-Call Project Management, Inspection Services and Labor Compliance
Antelope Road and Garbani Road Traffic Signal Upgrades ($300K) Ash Street Improvements ($550K)
City-Wide NPDES Inspections
Safe Route to Schools ($1M)
City of Irvine - As-Needed Construction Management and Inspection Services
Irvine Boulevard Improvements ($12M)
Irvine Boulevard Pedestrian Bridges ($4M)
Marine Way Road Improvements ($250K)
Great Park Development Project ($400M)
Five Points Development Project ($100M)
City of Corona - On-Call Project Management, Construction Management and Inspection
Foothill Parkway Widening Tamarisk Lane to Teddy Bear Lane ($1.75M)
Green River Road Widening and Waterline Project ($6.2M) Main Street Metro Development ($150M)
City of Fullerton - On-Call Construction Management and Inspection Services
4300 N. Harbor Boulevard ($2.5M)
Chapman Avenue Réhabilitation ($1.5M)
Laguna Booster Pump Station Upgrades ($700K)
Valencia Drive Infrastructure Improvements ($1.5M)
City of Oceanside - Various On-Call Inspection Services Mission Avenue Fiber and Traffic Signal Modification Project ($750K) FY 19-20 Overlay Project ($4.6M)
Oceanside East Shopping Center Project ($3M)
Various land development projects ($ Varies)
City of Lake Forest - On-Call Construction Management,
Construction Inspection and Contract Administration
2020 Slurry Seal for Arterial Streets ($1.2M)
2021 Slurry Seal for Neighborhood Streets ($1.3M)
Portola Park Project ($5.1M)
Peachwood Park Renovations ($700K)
City of Huntington Beach - On-Call Construction Management and Inspection Services
2019 Pavement Rehabilitation ($2M)
Edgewater Sewer Lift Station Project ($3.5M)
Ocean View Estates (OVE) Parking Lot Expansion ($750K)
Slater Lift Station Project ($4M)
Traffic Signal Improvements at the intersections of Main St at 17th Street/Utica Avenue, and Bolsa Chica Street at Pearce Drive ($540K) City of Laguna Niguel - Various On-Call Project Management, Construction Management and Inspection Services
Crown Valley Community Park Improvements Tier 1 & 2 ($15M) Salt Creek Trail Enhancements ($600K)
Jonathan Smith, PE
Senior Project Manager/Senior Construction Manager
City of Gardena | RFP for Construction Management and Inspection Services for the 170th Street Improvement Project JN 944 28

Mr. Smith is a hands-on, results-oriented leader with a proven history of productivity and an ability to take complex issues and get to a consensus quickly. During his 30 plus-year career, he has worked for numerous agencies throughout Southern California in roles varying from Director of Public Works to Senior Civil Engineer. Jonathan is experienced at analyzing complex budgets and technical reports, and developing and revising contracts and legal documents using federal, state, and local laws, rules and regulations. He has experience related to construction management and design of water/wastewater projects, roadways, sound walls, retaining walls and buildings. He has served as Project Manager, Resident Engineer, Construction Scheduler, Estimator and Construction Inspector. Jonathan has been responsible for roadway design and construction, supervision of technical and field staff, change order negotiation and preparation, contract administration, critical path schedule reviews, storm water pollution prevention plan preparation and compliance, claims mitigation, selection committee interviews, cost estimate preparation, reviewing and designing structure-related shop drawings and assuring compliance with plans, specifications and various agency regulations, presentations to city councils and other stakeholder groups. He is a highly effective manager who possesses the ability to develop both entry-level and experienced staff into participatory teams by using strong organizational, interpersonal and critical thinking skills.

Various Traffic Signal Projects, City of Menifee, CA
Director of Public Works for numerous traffic signal projects totaling over $19M throughout the City. Projects included:

Experience
30 years
Registrations
Registered Civil Engineer, CA #C61253
Education
Civil Engineering, San Diego State
University
Affiliations
American Public Works Association,
San Diego and Imperial Counties
Chapter - Board or Director since 2004
American Society of Civil Engineers
Engineers without Borders, San Diego
Chapter
Construction Management Association
of America - Board Member since 2011
• HSIP7 Traffic Signal Interconnect West CIP 16-07 ($763K) – Installed a new wireless interconnect system including radios and upgraded communication equipment to improve traffic safety and operations via optimized traffic signal timing coordination for the west side of Menifee. • HSIP7 Traffic Signal Interconnect East CIP 16-08 ($611K) – Installed a new wireless interconnect system including radios and upgraded communication equipment to improve traffic safety and operations via optimized traffic signal timing coordination for the east side of Menifee. • HSIP8 Citywide Pedestrian Safety Improvements CIP 17-05 ($942K) – Installed a pedestrian countdown signal heads, APS push buttons, ADA - compliant curb ramps and crosswalk striping at signalized intersections throughout the City of Menifee. • Scott Rd / Murrieta Rd TS CIP 19-06 ($1.15M) – Installed a new traffic signal at this 3-way intersection, widening the street to add dedicated right and left lane turn pockets from Scott Road onto northbound Murrieta Road, and a dedicated right turn lane pocket on Murrieta Road onto westbound Scott Road.
• Menifee Rd/Holland Rd CIP 20-06 ($475K) – Installed a new traffic signal at this existing 4-way intersection. No street widening or right-of-way was required with this project.
• Menifee Rd/Camino Cristal CIP 20-07 ($475K) – Installed a new traffic signal at this existing 4-way intersection. No street widening or right-of-way was required with this project.
• McCall Rd/Hospital CIP 19-04 ($348K)
• Murrieta Rd/Park City Blvd. CIP 19-05 ($337K)
• Holland Rd/Haun Rd PW-TS-003 ($400K est.)
• Holland Rd/Hanover Rd PW-TS-004 ($400K est.)
• Hwy 74/3rd Street PW-TS-005 ($400K est.)
• Hwy 74/Tradewinds PW-TS-006 ($400K est.)
• Menifee Rd/Craig Rd PW-TS-007 ($400K est.)
• Murrieta Rd/Rouse Rd PW-TS-008 ($400K est.)
• Murrieta Rd/Sun City Boulevard PW-TS-009 ($400K est.) • Antelope Rd/Mt. San Jacinto College Entrance PW-TS-011 ($400K est.) • Heritage Lake/Grand PW-TS-012 ($400K est.)
• Scott Rd/Leaon Rd PW-TS-013 ($400K est.)
• McCall Rd/Grosse Pointe PW-TS-014 ($400K est.)
• Menifee Rd/La Piedra Rd PW-TS-015 ($400K est.)
• Menifee Rd/Lake Fork PW-TS-016 ($400K est.)
• Cherry Hills/Peeble Beach PW-TS-017 ($400K est.)
• Holland Rd/Sherman Rd PW-TS-018 ($400K est.)
• McCall Rd/Antelope Rd PW-TS-019 ($400K est.)
• Menifee Rd/Garbani Rd PW-TS-020 ($400K est.)
• Murrieta Rd/Chambers Rd PW-TS-021 ($400K est.)
• Murrieta Rd/La Piedra Rd PW-TS-022 ($400K est.)
• Murrieta Rd/Garbani Rd PW-TS-023 ($400K est.)
• Murrieta Rd/Holland Rd PW-TS-024 ($400K est.)
• Evans Rd/Craig Rd PW-TS-025 ($400K est.)
• Evans Rd/Holland Rd PW-TS-026 ($400K est.)
• Bradley Rd/Garbani Rd PW-TS-027 ($400K est.)
• Bradley Rd/Rim Creek Path PW-TS-028 ($400K est.)
• Bradley Rd/Lazy Creek Rd PW-TS-029 ($400K est.)
• Bradley Rd/Peeble Beach Dr PW-TS-030 ($400K est.)
• Bradley Rd/Cherry Hills Blvd PW-TS-031 ($400K est.)
• Zeiders Rd/Keller Rd PW-TS-032 ($400K est.)
• Haun Rd/Craig Rd PW-TS-033 ($400K est.)
• Haun Rd/Wickered Rd PW-TS-034 ($400K est.)
• Antelope Rd/Albion Ln PW-TS-035 ($400K est.)
• McCall Rd/Aqua Rd PW-TS-036 ($400K est.)
• Murrieta Rd/Craig Rd PW-TS-037 ($400K est.)
• Goetz Rd/Ave Roble PW-TS-039 ($400K est.)
• Goetz Rd/Vista Way PW-TS-040 ($400K est.)
Staff Augmentation, Various Project Management Services, City of El Monte, CA Project Manager for a variety of capital improvement projects including street, traffic signal and bike pathway projects within the City. Activities include preparing RFP’s for professional services, providing bi-monthly updates with status reports including budget, schedule and critical items, prepared council items and attended council meetings.