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c�<,FORN'P City Council Staff Report
July 9, 2024
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Robert Silva, Construction Inspection Supervisor - 949-270-8131, [email protected]
TITLE: Award Professional Services Agreement for Inspection Services with Willdan Engineering and TKE Engineering Inc. for On -Call Public Works Inspection Services
ABSTRACT:
The City of Newport Beach contracts for as -needed public works inspection services to augment City staff. With the increasing number of Capital Improvement Program (CIP) projects and encroachment permits, staff prepared a Request for Proposals (RFP) for this service. The City received nine formal proposals and after a review and evaluation process, Willdan Engineering and TKE Engineering Inc. were deemed most qualified.
Staff requests City Council approval of three-year, on -call agreements with Willdan Engineering and TKE Engineering Inc. for a total not -to -exceed cost of $150,000 per contract.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Service Agreement for Inspection Services with both Willdan Engineering and TKE Engineering Inc. for On -Call Public Works Inspection Services for a three-year term and a total not -to -exceed amount of $150,000 per contract, and authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The Public Works Department received formal proposals for on -call public works inspection services. The RFP required proposers to provide a brief proposal stating their inspection experience on CIP projects and encroachment permits and to give a current service fee schedule for as -needed public works inspection services. 7-1
Award Professional Services Agreement for Inspection Services for On -Call Public Works Inspection Services July 9, 2024
The services provided under these inspection agreements are integral for keeping City construction projects and encroachment permits up-to-date and on track. The City's inspection team has been incurring considerable overtime over the past years (during FY 2023-24 inspection staff averaged a combined 75 hours of overtime per pay period) due to a very large CIP workload, several resident -driven utility undergrounding districts, as well as many other external agency projects (OCSD, SCE, SoCal Gas, Caltrans), of which many require nightwork. The workload has been overstretching inspection staff and this heightened volume of construction work is expected to continue for the foreseeable future. Augmenting inspection staff resources through these agreements will better ensure that the needed inspection, quality control and project oversight is available and provided.
The Public Works Department issued an RFP for on -call public works inspection services through the City's electronic bidding portal. Nine proposals were received by the submittal deadline of April 4, 2024 at 3p.m. Each proposer was evaluated on proposal execution and conformance to the RFP, understanding of project scope, experience and expertise of the project team, relevance of references, and proposal format. After reviewing each proposal, including the fee schedule, the submittals were scored as follows:
PROPOSER
SCORE
Willdan Engineering
87/100
TKE Engineering Inc.
87/100
NV5
87/100
EC & AM Associates
86/100
Z & K Consultants Inc.
84/100
Onward Engineering
84/100
Professional Services Industry Inc.
81/100
AKM Consulting Engineers
79/100
Aesco
75/100
Several firms scored well and are qualified to perform the requested work. With that, staff believes we only need two firms on contract to provide the service and recommends the City Council award a three-year agreement, with both Willdan Engineering, and TKE Engineering Inc., for a not -to -exceed total of $150,000 per each contract. (The proposed agreements are included as Attachments A and B.) Although the scoring was close, NV5 was not selected as they are already under contract with the City on several other projects (primarily the Balboa Island utility undergrounding project), and EC & AM Associates was rated just below the leading candidates.
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Award Professional Services Agreement for Inspection Services for On -Call Public Works Inspection Services July 9, 2024
FISCAL IMPACT:
The adopted budget includes sufficient funding for these contracts. It will be expensed to the Professional Services account (01080801-811008) in the Public Works Department.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. z[9111[NVLes
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Willdan Engineering Agreement
Attachment B — TKE Engineering Inc. Agreement
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ATTACHMENT A
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH WILLDAN ENGINEERING FOR
ON -CALL INSPECTION SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 9th day of July, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WILLDAN ENGINEERING, a California corporation ("Consultant"), whose address is 2401 East Katella Avenue, Suite 300, Anaheim, CA 92806, and is made with reference to the following: I
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City'- B. City desires to engage Consultant to provide on -call inspection and permitting services for the Public Works Department ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERM
s
The term of this Agreement shall commence on the Effective Date, and shall terminate on July 9, 2027, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 7-4
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party- so that all delays can be addressed.
3.3 Consultant shall submit all requests for -extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review. all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City.
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4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Chris Baca to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, Willdan Engineering Page 4
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subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant,, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during.the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies.due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by -the subcontractor for purposes of establishing a duty of care between the subcontractor and City, Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request.
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17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums.
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that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
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25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at:
Attn: Chris Baca
Willdan Engineering
2401 E. Katella Avenue, Suite 300
Anaheim, CA 92806
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than. two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than .seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
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28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement- and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.
28.6 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 the Agreement or any other rule of construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
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28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: (o Z
By:
A6 n C. Harps
Ci y Attorney <,/
�/-Z
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: WILLDAN
ENGINEERING, a California corporation
Date:
By:
Leiiani I. Brown Vanessa Munoz
City Clerk Chief Executive Officer
Date:
BY:
Kate Nguyen
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Willdan Engineering Page A-1 7-16
SCOPE OF SERVICES
ON -CALL INSPECTION SERVICES
Services include Development Permits, Encroachment Permits and Utility Permit Inspections to supplement the City's current inspection staff, in addition to construction administration services.
Prior to authorization to commence work on any particular assignment by the City, the City and Consultant shall agree to a written scope of work (task order) and a time schedule. Consultant's services shall include, but not necessarily be limited to, providing a Public Works, Inspector or Construction Administrator to work at City Hall within the Public Works Department. Depending on the project or inspection activity, services may be assigned on a part time, percent time, full time, and/or evening or weekend basis depending on the need for services. Consultant will be assigned to specific projects/permits and work with City staff on administration and inspection of City projects and private improvements/encroachments within public right-of-way in the following areas as necessary:
• Construction observation;
• Public contract administration;
• Attend project meetings;
• Utility coordination;
• Minimizing traffic impacts;
• Construction staking and surveying;
• Material testing;
• Project documentation;
• Record drawings;
• Permit system record keeping;
• Liaison with Staff.
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CITY OF NEWPOPT BEACH
Proposal to Provide
On -Call Inspection Services
P FP No. 24-55
April 4, 2024
W'WILLDAN
1. Cover Letter
April 4, 2024
Omar Khalil, Assitant Management ANalyst
100 Civic Center Drive
Newport Beach, CA 92660
Submitted through Plonet Bids
Subject: RFP 24-56 — On -Call Insepction Services to the City's Public Works Department The City of N ewporL Beach is seeking qua lif ied f irms with outsta nding re putations, capacity, knowledge, and proven track records to provide development permits, encroachment permits, and utility permit inspections to supplement the City's current inspection staff, in addition to construction administration services. Along with a 60- year history of provid ing these services to m unicipal agencies throughout Cal iforn ia, Wil Idan has been provid ing on-ca 11 construction management and inspection services to nu merous cities and cou nties. We a re wel I suited to partner with the City to achieve a f ast-track approach for th e City's On -Cal I Staff Augmentation incl ud ing our ability to perform on 5hort notice (24 hours). W111clan's proposed staff members are experienced working together as an i n tegral part of rn unicipal agency on-ca 11 improvement projects. As a rn ulti-disciplinary f irm, we have a f ul I com p lement of resou rces to provide addition al staff ing as well as tech n ical su pport and resea rch. The advantages Wil Id an's proposed p roject tea m bri ngs to the City incl ude:
• Local Knowledge. ProvIding construction management and inspection services for numerous cities, we possess a keen understanding of the City's goals and objectives. We are highly familiar with the City's policies, procedures, funding resources, guidelines, and standards. This knowledge and experience enable us to quickly initiate projects and respond appropriately to City staff input and/or concerns. • Responsiveness. Willclan has an office location less than 20 miles from the City of Newport Beach and can respond to requests f or f ace-to-f ace meetings with a 24 hou r notice, Each resident engineer/construction manager and inspector is equipped with a cell phone — providing accessibility while out in the field.
Unmatched Ability to Deliver Requested Services While Supporting City Goals. The City has a firm commitment to the ideal of a q ual ity comm u nity. This ideal underpins the City's goal s and objectives and req ui res a very high stand ard of integrity at all levels. From f iscal responsibility to responding to com m unity concerns, the expectation is for excellence. Willclan is the right firm to help the City achieve these commitments and expectations as they are directly in line with our internal goals of providing the highest level of service to our clients. Wil Idan is tru�y the City's one -stop resou rce for on -cal I p rojects. By combin i ng depth of staffing, state-of-the-art technical resources, and local offices rooted in communities, Willclan has earned our reputation as an exceptional problem solver and client advocate whose business model centers around our clients' best interests.
Strong Project Manager. Mr. Christopher Baca Is responsible for managing improvement and land development constru ction management a nd in spection projects for various othe r agencies and m u n ici palities throughout Southern California. Mr. Baca has provided similar services for:
City of Palm Springs — On -cal I constructio ri ma na6ement an d i nspection services, ind udi ng perm it inspection of large subdivisions
City of Brea — On-ca It construction ma nagement and inspection services, in cludi ng perm it inspection of large subdivisions
City of Highland — Permit inspection services for the past 20 years City of Garden Grove — On -Call construction management and inspection services City of Long Beach — On -call construction management a nd i nspection services, incl udi ng permit inspections for over 21 years
714.940.63 00 1 800�424,9144 1 fax. 7 14 �940 �4920 1 2401 East Kat efia Aven u e. Suite 300, An ah e i ni - Ca I i to rn ia 9 2806 1 ww w. will d an - co m 7-19
City of Santa Ana — On -cal I construction management and i nspection services, ind udl ng perm it inspections
Unmatched Expertise. Willclan has been providing construction management and inspection services to public agencies f or over 53 years. Servi ng public agencies is the cornerstone of Wil Ida n's bu siness. The project tea m has past experience working together on hundreds of public works and permitted (land development) projects throughout the region.
Staffing Resources to Meet Scope of Services and Additional Services Provided. Our staffing resource bench of licensed an d tech nica I experts i ncludes special ists who wil I provide the f ollowing services construction observation, public contract administration, attendance at project meetings, utility coordination, minimizing traffic impacts, construction staking and surveying, material testing, project documentation, record drawings, permit system record keeping, and �iaison with City staff. Willclan will provide a Public Works Inspector to work at the City Hall within the Public Works Department, for a part-time, %-tfme, fuil-time, and or evening/weekend basis, as needed for inspection services. Additionally, Willclan has staff resources highly qualified in water resources, highway and roadway eng[neering, drainage and flood control, bridge engineering, traffic and transportation engineering, municipal engineering, �anclscape architecture, environmental plann i ng, build ing saf ety, u rban a nd regional pla nn ing, structu ra� engineering, computer -aided analysis and cleslign, and other technical fields. The breadth and diversity of the firm's expertise means that our construction management experts can draw upon the considerable experience of the firm - maximizing efficiency, productivity, and quality in meeting project schedules and budgets. A pool of additional resident engineers, construction managers, construction inspectors, and geotechnical inspectors and testers located In our Industry, Anaheim, and Ventura offices can provide back up support, if necessary. Other services such as federa I i nvoicing and labor com plia nce a re ai so avai lab�e th rough ou r Industry off ice.
Willclan Engineering attests that all information submitted with this proposal is true and correct. This statement of qualifications and associated rates are valid for a minimum of 180 days from the date of submission.
We are sincerely i nterested in this on-ca 11 construction man agement and 1 nspection services contract and appreciate the opportunity to present our proposal. We look forward to working with the City to implement desired public works and staff augmentation services. If there are any questions regarding this proposal, please contact me by mail at Willclan Engineering, 13191 Crossroads Parkway North, Suite 405, Industry, CA 91746; by phone at (562) 364-8198, by fax at (562) 695-2120; by cell phone at (310) 502-6335; or by email at cbacaiPwilldan.com.
Respectf u Ily submitted,
Willclan Engineering
Chris Baca, RCI, CESSWI
Director of Construction Management
and Inspection Services
Comprehensive. Innovative. Trusted.
7-20
Table of Contents
1. Cover Letter
2. Local Staffing List ............................................................................................................................................ 2 KeyStaff ..................................................................................................................................................................... 2 AdditionalBench of Staff ........................................................................................................................................... 2
3. Advance Notice Requirements ........................................................................................................................ 4
4. Resumes of Proposed Personnel ..................................................................................................................... 5 S. List of Public Agency Work Performed in the Last Five Years .......................................................................... 17
6. References .................................................................................................................................................... 21
7. Fee Schedule ................................................................................................................................................. 22 Required Forms ................................................................................................................................................. 23 Proposal Information Form ..................................................................................................................................... 24 Statementof Compliance ........................................................................................................................................ 26 SignedAddendum 1 ................................................................................................................................................. 27 Proposa I fo r 0 n -Ca I I I n specti o n Se rvices
RFP No, 24-56
7-21
2. Local Staffing List
Key Staff
Although overall firm credentials and experience are important, the key to success on any assignment is the caliber and depth of experience, as well as the overa 11 professional ism, of the specif ic i Individ uals assigned to the project team. A successful partnership for this type of project requires not only expertise to provide construction management and i Inspection services but to also effective �y coord inate with the City of Newport Bea ch staff, contractors, communities, and other project stakeholders to ensure that the project reflects the expectations of its stakeholders. Wil Ida In bel ieves that the project tea m shou Id possess, not only the knowledge, but shou Id al so be a team anchored with local personnel to provide the intimate working knowledge and expertise necessary to fully serve the City of Newport Beach, The Willclan team specifically provides this capability.
Chris Baca, RCI, CESSWI
Michael Bustos, PE, ENV SP
Barry Knutson
Victor Ayala
John De La Cruz
Ron Brahs
Heleo Espinoza
Justin Parent
Roy Shaver, PE
Arne Cvek
Project Manager
Resident Engineer
Public Works Inspector
Public Works Inspector
Public Works Inspector
Public Works Inspector
Public Works Inspector
Public Works Inspector/
Soil Tech nicia n/Special
Inspector
Construction Manager
Construction
Manager/Inspector
36 20%
20%
22 50%
50%
37 100%
100%
42 100%
100%
42 100%
100%
32 100%
100%
42 100%
100%
15 95%
95%
29 40%
40%
18 25%
25%
Resumes for the above staff are in the section following our commitment to provide service on short notice.
Additional Bench of Staff
In add ition to the key staff proposed above, Wi 11cla n has the fol lowi ng bench of staff mem bers avai lable, provid ing extra reliability to respond to service requests on short notice.
Charles Dalton
Harrison "Otis" Chandler
Ruben Durant
Simon Hernandez
Macy Eskandarl, CESSWI
Paul Merrill, Q5D/P
Glenn Stanley
Danny Ayala
NV
Public Works Inspector
20 50%
50%
Public Works Inspector
10 95%
950/0
Public Works Inspector
25 100%
100%
Public Works Inspector
27 100%
100%
Public Works Inspector
31 100%
100%
Public Works Inspector
12 100%
100%
Public Works Inspector
20 100%
100%
Public Works Inspector
39 50%
50%
Proposal for on -Call Inspection Services
RFP No. 24-56 2
7-22
Ajit "Alex" Chandhok
John Crowe
Mike Corral
Jason Brown, RCI
Loren Clifton, PE
Joe Putrino
Sal Martinez, EIT, CESSWI,
QSP
Public Works Inspector
47 100%
100%
Public Works Inspector
46 100%
100%
Geotechnical Field
18 50%
50%
Testing
Lead Construction
27 50%
50%
Manager
Construction Manager
33 20%
20%
Construction Manager
43 33%
33%
Construction Manager
25 33%
33%
Mike Paleri
Public Works Inspector
Amy Rodriguez
Inspector/Spe6al
Inspector
Dwayne Mozden
Public Works Inspector/
Soils Tech nician/Special
Inspector
Mario Cisneros
Construction
Manager/Inspector
Matthew Villegas
Public Contract
Administration
Jeff Lau, PE, TE
Traffic Impacts
CL Survey (Sub)
Construction Staking and
Surveying
Tamara Boeltl
Utility Coordination
Chien -Chang Chen, PhD, PE,
Material Testing
GE
40 100%
100%
3 100%
100%
4 100%
100%
10 33%
33%
11 25%
25%
19 15%
15%
17 10%
10%
34 25%
25%
24 10%
10%
Proposal for On -Call inspection Services 3
*K RFP No. 24-56
7-23
3. Advance Notice Requirements
Wil Id a n understands the u n iq ue aspect of working u nder an on -cal I contract. Success in worki ng with this type of contract is dependent upon understanding a variety of elements that may be encountered, such as:
• Short project durations and minimal lead times for assignments. • In some cases, flexible service assignments will be used to complete project tasks already started by agency staff. The need to understand the work-to-clate and coordinate completion activities is important. • Assignment of specific Willdan staff selected by the client may be requested. Availability of our staff to the work assignment as it develops is often critical to moving that project forward. • The need for a consistent, organized project management approach due to the potentially large numbers of projects that may be in process.
• Specia I attention to quality assura nce a nd q ua lity co ntro; I s particularly importa nt. Shorter p rojects may not have the numerous interim review steps often associated with a project -specific contract. • Project assignments can be relatively small; therefore, efficient use of resources is critical.
Willclan has included key staff members who are currently available to start services for the City within 24 hours' notice from the City. Each of our proposed construction inspectors are available from 50% FTE to full-time at present.
M/
Proposa I fo r 0 n- Cal I I n spect i o n Services
RFP No. 24-56 4
7-24
4. Resumes of Proposed Personnel
The resumes of Willdan's proposed key personnel are provided on the following pages.
Proposa I fo r 0 n - Cal I I n spect ion Servi ce s
RFP No, 24-56
7-25
Christopher D. Baca, RCI
Director, Construction Inspection and
Management Services
EUUCATION Christopher D. Baca is responsible for directing and monitoring public works Inspection Bs' Public services and overseeing construction services personnel. His expertise encompasses Administration, construction management of capital improvement projects involving water systems, streets, California State parks, storm dralns, sanitary sewers, asphalt resurfacings, concrete paving, landscaped University, FuYertan, CA
medians, and traffic signals. Christopher is experienced with inspection of and contract Caltrom Resident administration for federally funded projects in accordance with the State of California Engineer Academy Department of Transportation Local Assistance Procedures Manual.
Public Works Inspection,
California state
Prior to joi n i ng Wi Ildan, Ch ristopher worked for a soils engineering f irm cond ucti ng field University, Los Angeles
inspections and performing laboratory testing.
Extension
Relevant Project Experience
A5pholt Paving,
Con tract Administration
On -Call Public Works and Land Development Inspection Services, City of Long Beach, CA. and Change Ordersfor
Project Man ager. Willclan is providi ng on-ca I I pu b lic works inspection f or variou s Cl P and Federally Funded
permitted projects throughout the City of Long Beach. Wi I Id an has ma lntai ned a Conti nuous Projects Seminars
presence i n the City si nce 2004. Wil Ida n is responsib le for inspecting an d observi ng cu rbs, gutter, sidewalk, storm drain, traffic signal and sewer system installations, asphalt over -lays, Inspection Principles,
Public Contact, Slurry
grading, and other related work. Field f iles are mainta i ned i n accordance with Caltrans Seat, and Traffic Signal
sta nda rds; W! lIda n provided labor complia nce and coord! nated al I material testing.
Inspection and Design
On -Ca 11 Construction Ma nagement Services, City of Norco, CA. Project Ma nage r. Wil Ida n Seminars
provides on-ca 11 public works i nspection for vario us projects th roughout the City of Norco.
ASSOCIATIONS
On -Call Public Works and Construction Management Services, City of Redlands, CA. Project American Construction
Manager. Willclan provides public works inspection and construction management services Inspectors A ssociotion
for various projects located throughout the City.
PROFESSIONAL
On -Call Construction Management and Inspection Services, City of Rancho Cucamonga, CA.
CERTIFICATIONS
Project Man ager. Wi 11 clan is p rovid i ng construction man agement and inspection services f or Registered Construction
the City of Rancho Cucamonga. A few of the projects are Crest Road at Whitfey, Robert Ryan Inspector, Division IV—
Park Construction, Arterial Street Resurfacing, and Hawthorne Boulevard at PVDW Landscape Public Works, American
Construction Inspectors
On -Call Construction Management and inspection Services, City of Newport Beach, CA.
Association No. 4161
Project Manager. Willclan provides construction management and inspection an various Registered Construction
permitted and capital improvement projects throughout the City.
Inspector, Division I —
Engineering, American
Construction Inspectors
Association No. 5161
Proposal for On -Ca I I I nspect i o ri Services
401 RFP No, 24-56
6 7-26
Michael Bustos, PE, ENV SP
Deputy Director, Construction Management and
Inspection
EDUCATION
Michael Bustos currently serves as De puty Di rector of Wi lidan's Construction M a n agem ent B5, Civil Engineering
a nd In spection Group, wh ich al so encompasses geotech n ica l/m ateria Is testi ng, a nd la bor (Magna Cum Laude),
compliance services. He is responsible for construction management, analysis, design, and California Polytechnic
plan review of roadway reconstructions; drainage; water and sewer pipelines; pavement State University, Son
rehabilitation; and street projects including traffic signal, landscaping, irrigation, grading, and Luis Obispo, G4
American with Disabill ties Act (ADA) im provements. H e has served as Resident Engin eer for Caltrons Resident
over a dozen federally and state -funded projects over the last five years and also as a EngineerAcodemy
Construction Manager or Resident Engineer for 125+ public works projects for various agencies through out Cal ifornia with projects tota li ng $200M + on construction costs, Through
REGISTRATIONS
his unique experience and vantage point of serving as a Design Engineer, Project Engineer,
CERTIFICATIONS
Project Manager, Resident Engineer, and Construction Manager, Mike has developed an Ovd Engineer, California
expertise in public infrastructure planning, design, award, funding, and construction; he No. 73173
understands the varying unknowns project construction can present-, and he tackles those Envision Sustoinability
un knowns by working with contractors, City staff, an d oth er sta keholders to resolve Professional, Institute
challenges.
forSustainable
Infrastructure No. 2696
Relevant FrojectExperlence
FY 22-23 Measure V Pavement Rehabilitation and Chip Seal, City of Ridgecrest, California.
Project M a nager/Resident E ngineer re5ponsi ble f or oversight of Wil Idan's civil and traff ic engineering design, environmental compliance, right-of-way acquisition, bidding assistance, resident engineering, construction management, inspection, materials testing, federal funding administration, and labor compliance services for two construction projects funded by the City's loca I gas tax. The $6 rn !I lion pavement rehabil itation project i ncluded PCC Improvements, widenings, and overlay of 19 street segments throughout the city and the $700,000 chip seal project included chip seal and striping of 17 street segments throughout the city.
Downs Street Widening Project, City of Ridgecrest, Calif orn ia . Resid ent E rigineer responsi ble for oversight of Willclan's civil and traffic engineering design, environmental compliance, right-of-way acqu isition, bid d ing assistance, res�clent engineering, constructi on management, inspection, materials testing, federal funding administration, and labor compliance services for widening improvements from two lanes to four lanes on Downs Street between Ridgecrest Bou leva rd an d U pjahn Avenue. The p roject involved util ity pole relocations, ra ised median, curb ramps, curb, gutter, sidewalk, driveway approaches, street lighting conduit, culvert, cement treatment, ARHM overlay, signing, striping, and RRFB. These services were provided under Wilidan's on -call engineering contract.
ITS Gap Closure Project, Inglewood, CA. Project Manager/Construction Manager. W! lid an is currently providing construction management, inspection, and material testing for the City's ITS Gap Cl osu re proj ect. The City has a Iready i m plemented Phase 1-4 of the I ntel I igent Traff ic Systems Program with future phases 5-6 scheduled. This Project is a continuation of the ITS Program that will expand and improve existing ITS network by upgrading traff ic signal hardware, software, and fiber optic communications. Traffic signal installations and/or modifications are being made at 17 intersections throughout the city. The construction contracts were separated into two contracts (material procurement and installation).
P ro posa I for On -Cal I I n spect ro n Services
RFP No. 24-56
7 7-27
Intermoda I Transit Faci I ity Project, City of I nglewood, Calif orn ia. Construction Ma nager responsi b le for oversight of W N Id an's construction ma nagement, in spection, a nd materfla testing services for the Intermodal Transit Facility Project, which included remediation of hazardous and contaminated soils, grading, driveways, sidewalks, curbs, gutters, utility relocations, lighting, security systems, electrical systems, low -voltage systems, ADA improvements, bolta rd s, paveme nt legends, striping, storm water systems, storm d rain systems, catch basi ns and drop i nlets, a nd a 11 necessa ry ite ms complete 'in place, Wil Idan provided CM, pu b lic works inspection, labor com pliance, and m ateria I testing services. These services were provided under Willclan's on -call engineerling contract. Willdan provided design services on this project as well.
Old River School Road Rehabilitation, City of Downey, California. Resident Engineer responsi b le for oversight of Wil Id an's construction man agement, in spection, a nd materials testing services for the federally funded Old River School Road Pavement Rehabilitation Project. This project generally consisted of the installation of 32,000 LF of fiber-optic traffic signal communications condult, pull boxes and termination panels; cold mifling, leveling course and overlay; curb ramps, curb and gutter, and sidewalk; implementation of Class 11 and Class III bike facilitles,- and striping and signage. These services were provided under Willclan's on -call construction management and inspection contract. 3rd Street Water System Improvements Project (Rives Ave to Old River School Road), CIP 20-23, City of Downey, California. Construction Manager. Willclan provided inspection and materia Is testing services for this water system 'improvements project on 3rd Street between Para mou nt Blvd a nd Civic Center Drive. The proj ect involved in stal lation of new potabi e water ductile iron pipe, gate valves, tees, bends, thrust blocks and appurtenant fittings; installation of new fire hydrant assemblies, water service lines, meters, and boxes, - abandonment of existing water mains, service lines, and associated facilities; trenching, backfill, and compacting; asphalt concrete (AC) and Portland cement concrete (PCQ pavement reconstruction; reconstructbn of miscellaneous PCC improvements; and other appurtenant work.
Sumac Park Restroom Renovation, City of Agoura Hills, CA. Project Manager responsible for oversight of construction management and inspection services for the restroom renovation.
The restroom building rehabilitation involved roof replacement, electrical and plumbing repairs, new water bottle filling station, fixture replacements, stucco exterior, stone veneer pilasters, security mesh screening, new gates and hardware, toilet accessories, slab reconstruction, and painting. Minor concrete improvements entailed removing and reconstructing concrete sidewalks, curb ramps, and curbs and installing parking lot striping.
Triunfo Canyon Road at Saddle Mountain PHB, City of Westlake Village, California. Project Manager respons! ble f or oversight of construction ma nagement, i n spection, labor compliance and m aterial testi ng services f or the i n stal lation of a n ew ped estria n hybrid beacon (PHB) system. The project included curb ramp reconstructions, new electrical service, pole foundations and pole installations, conduit, pull boxes, and signage. These services were provided u nder Wi [Ida n's on-ca 11 city engi neeri ng contract.
P ro posal for On -Ca 111 nspection Se rvi ces 8
M( RFP No. 24-56
7-28
Barry Knutson
Senior Public Works Observer I
EDUCATION
Mr. Barry Knutson possesses experience working as a carpenter's apprentice, journeyman Construction Estimating,
ca rpenter, carpenter f oreman, esti mator, assista nt su perintendent, supe r1inten den t, and Electricol House Wifingo
purchasing agent. As a Senior Construction Administrator on large-scale capital improvement Beat VentAICSystems,
projects, he has ma naged and i nspected con stru ctian p rojects th roughout the Cou nty of L05 Fullerton College,
Angeles for the past 12 years.
Fullerton
Relevant Project Experlence
Groduote, Carpenter's
Union Apprenticeship
Pavement Rehabilitation #501 FY 2015, City of Palm Springs, California. Public Works School Local 1815
Observer. Willclan provided construction management, public works inspection, and material testing services for the City's $ 10 mil lion citywide pavement re ha bilitation project. The
CERTIFICATIONS
project involved pulverizing of the existing street sections, grading of the pulverized section, General Contractor,
cement treatment, asphalt paving, ADA ramps, traffic markings, and other appurtenant work California No. B-1
for over 100 streets throughout the city.
Tidelands Beach Restrooms, City of Long Beach, California. Assista nt Constructil on M a nager & I nspector. Constru ction of new a n d renovation s to ten restrooms located withi n the Tidelands (beach) area of Long Beach. Three of the restrooM5 included complete demolition of existing structures which were then replaced by pre -fabricated modular structures. Three more of the restrooms included complete demolition of existing structures which were then replaced by ground up construction of new structures. The final four restroorns included selective cle mol ition of th e existing structu res wh ich were then rebu ilt/remode led.
Hawthorne Boulevard Overlay, City of Rolling Hills Estates, California. Senior Public Works Observer. Responsible for providing construction inspection services for the City's $355K ARHM overlay paving project.
Bolivar Pa rk, City of La kewood, Ca lif ornia. Construction Ma nager/Pu bi ic Works I ns pector responsible for providing construction management and inspection services for inspection of the new tot lot area for this $9 million improvement project. The project involves channel drop inlet, diversion structure, two new stormwater pump stations, and mechanical and storm drain piping, pavement removal and replacement, underground storage and infiltration area, building expansion, electrical equipment modifications, instrumentation and controls, irrigation and planting, picnic shelters, and tee -ball backstop.
Palms Park Corn mu nity Center Remod ell, City of La kewood, Ca lifornia. Construction Manager/Publ ic Works In Spector responsible f or providi ng construction management and inspection servi ces f or this $ 1.5 mil lion project. The i rn proverne nts involved ADA access, gymnastics gymnasium, foyer remodel, and Parks and Recreation office remodel with HVAC and electrical upgrades, glass curtain wall and flooring.
Del Va lie Memorial Park, City of La kewood, California. Construction M a nager/Public Works Inspector respo nsi ble for providing construction manageme nt and inspection services f or th is $1.5 million improvement. The project involved an F3 fighterjet aircraft exterior restoration, aircraft carrier like marble conning tower, and stamped concrete sidewalk.
RVnerson and Del Valle Parks, City of Lakewood, California. Construction Manager/Public Works Inspector responsible for providing construction management and inspection services for this $1.9 million improvement. The project involved playground removal and replacement at two locations.
Proposal for On -Call Inspedion Services
RFP No. 24-56
9 7-29
Victor Ayala
Senior Public Works Observer
EDUCATION
Mr. Victor Ayala's experience includes over 40 years of public works construction experience — specializing in traffic signal and fiber optic inspections. Mr. Ayala's extensive experience Certificate, Fiber Optic
includes electrical linspections of developer/public works improvement projects, including Theory, Air Quality
installations and modifications for traffic signals, controller5, fiber optics, street lights, and Management District
irrigation systems. In addition, he has wide-ranging expertise with civil improvement projects, Certificate, Professional
including road reconstruction/rehabilitation in5pections 'involving asphalt -rubber hot -mix Development, Asphalt
overlays, conventional asphalt overlays, sidewalks, curbs and gutters, curb ramps and Institute
driveways, grading, paving, storm dralins, sanitary sewers, and beautification wfith raised
CERTIFICATIONS
landscape medians and decorative parkway renovations, He is a licensed C-10 electrical con tractor a nd is certif led by the Air Qual 4 Management District for f i ber optic theory.
Cantroctor, California
No. C-10
M r. Aya la's i nvolverne nt with nu merous street re h abil itation projects provides h im with the necessary tools and experience to effectively communicate and address the concerns of the public during construction.
YEARS OF EXPERIENCE
Relevant Project Experience
Tamarack Avenue and Centra I Avenue Traffic Signal and Street Widening, City of Brea, California. Public Works Observer responsible for performing public works observation for traff ic signal and street widening improvements. The project involved modifying the traff ic signal at Tamarack Avenue and Central Avenue and widening Tamarack Avenue. Construction incl uded replacing a traff ic sign al control ler,- relocating traff ic signal poles-, relocating a water line; installing safety lighting, two catch basins, four driveways, and traffic markings; and other appurtenant work.
West Highland Bikeways Infrastructure and Base Line Street Pavement Improvements, City of Highland, California. Assistant Inspector responsible for assisting with daily observati on of the contractor's operations, scheduling and coordinating materials testing, tracking quantities, public relations, and reporting to the construction manager and City Engineer.
Wi liclan provi ded con struction m a nagement, inspectio n, and m ateria Is testi ng services f or this $3 million project. The project involved cold -in -place recycling and street pavement overlay; reMDVing and replacing concrete curb and gutter, sidewalk, driveway approaches, and ADA-compliant ramps; constructing concrete bus pads; and installing striping, pavement markings, signage, and video detection at various signalized intersections on Base Une Street between Del Rosa Drive to Cole Avenue and between Bounder Avenue to Church Street.
Birch Street Traffic Signal Synchronization Improvements, City of Brea, California. Public Works Observer. The project included the installation of traffic signal gear and traffic signal communication equIpment to facilitate the synchronization of traffic signals along the project corridor, Birch St and Rose Drive from Brea Boulevard to Vesuvius Drive. Work included the installation of fiber optic cable, conduits, termination units, Ethernet fiber switches, fiber optic HUB cabinet, and other appurtenant work+ The project had a construction cost of $500,000 and took 90 days to construct.
Cycle 3 Safe Routes to School (SRTS) Project, City of Brea, California. Public Works Observer.
Willclan wil I provide inspection services for the City's Cycle 3 Safe Route to School Project.
The project involves traffic signal modification, sidewalks, and other appurtenant work.
P ro posal for On -Cal I I n spect ion SeNi ces
A RFP No. 24-56
W
7-30
John Dela Cruz
Construction Inspector
Mr. John Dela Cruz has over 40 years of private and public works project construction management and inspection experience. Mr. Dela Cruz has a thorough knowledge of the Public Works Standard Plans and Specifications, Caltrans Standard Plans and SpecificatQns,
EDUCATION
Work Area Traffic Control Handbook, Greenbook, Construction General Permit and OSHA College
safety orders. His project expertise includes residential, commercial, retaining walls, grading, Courseworkl5addleback
wet a nd d ry util [ties, pa rking lots, roadways, highways, bridges, retain ing walls, water College, Mission Viejo,
CA College
treatment and storage facilities, construction and post construction water quality structures CourseworklRancho
and environmental projects.
Santiago College, Santa
Relevant Project Experience
Ana, CA
College
Garden Grove Boulevard Rehabilitation, Federal Aid Project No. CRAL-5328(088), City of Course work/Harbor
Garden G rove, California. Public Works I nspector. Wil Id an provided inspection and materials College, Harbor City, CA
testing for this federally funded street rehabilitation project on Garden Grove Blvd between Harbor Blvd and Fairview St. This project consisted of clearing and grubbing, roadway
PROFESSIONAL
excavation, removing and reconstructing failed pavement areas, asphalt paving, asphalt
CERTIFICATIONS
rub ber aggregate memb rane (ARAM), R H MA-G surface cou rse, replacement of PCC cu rb and Certified Erosion,
gutter, bus pads, driveway approaches, sidewalks, depressions and wheel chair ramps, Sediment end Storm
adjustments to uti I itV covers to fin ish grade, i nstal lation of traffic stripi ng, signing, pavement We ter Inspector
ma rki ng a n d ma rkefs, traffi c detector loops, and re-establish ment of cente r1i ne ties and (CESSWI), #4694
Qualifted Storm Water
monuments. Mr. Dela Cruz served as the primary inspector responsible for providing Practitioner (QSP),
i n spection services to moni tor com pletion of a 11 specified work i in complia nce with th e #25924
contract documents. He tracked all quantities, coordinated with the Contractor's Foreman, prepared daily inspection reports, and reported directly to the City's Construction Manager.
AHERA Building
Inspector #02121;
Chapman Avenue Resurfacing, CIP No. 1341000, City of Garden Grove, California. Public EPAIAHERA Asbestos
Works Inspector. Mr. Del a Cruz served as the primary inspector responsible for providing A bo temen t Con tract
'inspection services to monitor completion of all specified work in compliance with the Supervisor #AACS-81 7-
contract documents. He tracked all quantities, coordinated with the Contractor's Foreman, 95 prepared daily inspection reports, and reported directly to the City's Construction Manager.
City Right -of -Way and Capital Improvement Projects, City of Huntington Beach, California.
Senior Public Works Construction Manager and Inspector for Utility Company contracts performing work in the City Right of Way and Capital Improvement Projects. Duties included inspection and observation for asphalt removal and replacement; asphalt grind and overlays; asphalt crack seal and sl urry seal; replaceme nt of da maged curb and gutter, sidewa lks, handicap ramps; and striping and signa8e. Additional duties included project documentation, public outreach, and coordination of consultants and utility agencies.
Street Improvements Project on Lakewood Boulevard, City of Downey, California. Senior Pu bi ic Works Inspector. M r. Dela Cruz provided inspection se rv*tces f or the Street Improvements Project for Lakewood Boulevard, including inspection of hardscape and softsca pe demol ition, I nsta llation of wet and dry util ities a nd structures, street an d sidewa Ik improvements, handicap ramps, retaining walls, traffic signals, street lighting, striping and signage, irrigation, landscaping, and relocation of existing utilities.
St reet I m p rove m ents Proj e ct, Ci ty of Long Bea ch, Ca 1 11 fo r n ia. Se n lo r P U b I i c Wo rks I n s pector.
Mr. Dela Cruz provided inspection services for this $15 million improvement project, which involved replacement of curb and gutter, handicap ramps, cross gutters, and asphalt overlays.
P roposa I for 0 n-Ca I I I ri spect a n Services
* RFP No, 24-56
11 7-31
Ron Brahs
Construction Inspector
M r. Ron Brahs has been i nvolved in the constr u ction inspection and publ ic works sector for over 32 years and his project responsibilities have included simultaneous inspection of REGISTRATION multiple public works projects. He has inspected projects encompassing the following: water, sewer, storm drains, pipelines, curb and gutter, sidewalks, asphalt concrete placement, street Safety Training rehabilitation, and street restoration. As an inspector, he oversaw project work to ensure contract and design compliance. He documents labor and equipment allocations as well as daily work in daily construction reports. He has a great deal of knowledge and is adept at proposing effective and efficient solutions for problems that arise. He collaborates with YEARS OF EXPERIENCE project stakeholders and is an effective communicator.
WK
Relevant Project Experience
Capital Improvement Project 7968 Parking Project, City of Brea, California. Public Works Observer. Willclan is provided inspections for the City's BHGC Parking Lot Crack/5eal Coat and Striping Project. The project involved sealing of the existing cracks, removal of severely damaged asphalt, cold milling, and asphalt melting.
57 Freeway Project, City of Brea, California. Public Works Observer. This project included widening the 57 Freeway/Lambert off -ramp, two additional off -ramps, new sidewalks, street paving, two new traff lic signa Is, landscapi ng, an d other appu rtena nt work. Wil Ida In provided th ird party inspection of the Ca Itra ns improvements withi n the City of Brea right-of-way.
On -Call Permit Inspections, City of Brea, California. Pubiic Works Observer. Willclan provided con struction permits a nd publi c works inspections of va rious pe rmitted projects th roughout the City of Brea.
Various Projects within City of Brea. As a former Public Works Inspector for the City of Brea, Mr. Brahs performed inspections on the following CIP Projects:
• 57 Freeway & Lambert Road Interchange Project
• Superblock I Parking Structure
• Brea Blvd at Fire Station No. 2 and Tracks at Brea City Project • Citywide Sewer Pipe Tec CCTV inspection & coordination • Brea Creek Golf Course Pa Irking Lot ADA u pgrad es/pa rki ng lot reh abilitation • City of B rea CIP Ann ual Sl u" Seal Projects /inspect yea rly • Uti I ity Permits throughout the City
• Lagos De Moreno Park Upgrade
Proposal for On -Call Inspection Services 32
RFP No- 24-56
7-32
EDUCATION
Citrus College, Mount
Son Antonio College,
and Rancho Sontiogo
College
Heleo Espinoza
Public Works Inspector
Heleci Espinoza has 37 years of experience in Public Works, with strong leadership qualities and the ability to manage projects successfully. He possesses exceptional decision -making capabil ities a nd is meticu lous in ensuring project specif ication s are com pi iant with contracts and requirements. He has outstanding customer service skills dealing with clients and contractors and is well organized, with excellent time management abilities, to complete projects on time and within budget.
Courses in: Water
Relevant Project Experience
Science and Public
Works involving Traffic
Various Public Works Projects, Santa Fe Springs, California. Assistant Municipal Services control safety,
Manager. Mr. Espinoza assisted the Municipal Yard Manager and the Water Utilities Concrete, Asphalt,
Manager in the management of 62 Public Works employees. In addition, in the two years Trees, Storm Systems
prior to his retirement from the City, he managed the entire yard on his own. _lPlA Training Courses
Various Projects for Public Works Maintenance Division, City of Santa Fe Springs, California.
A WWA Training Courses
StreetslGrounds Superintendent Mr. Espinoza planned, organized, and evaluated Maintenance Operations and 'its staff. He provided leadership to develop and retain highly - City of Son to Fe Springs
competent, customer service -oriented staff through daily practices and staff training. He Supervisor Training
inspected the work of Contractors and City personnel to identify issues and take corrective Courses
action. He assisted with City remediation projects involving reconstruction of asphalt, curb
ASSOCIATIONS
and gutter, and sidewalks. He managed the ballfield maintenance projects and the Public Member of Municipal
Works fleet. He also managed the contracts for Graffiti removal, Complete Landscape, West Superintendents
Coast Arborist, and Nationwide Environmental Services. He responded to inquiries and Association tMSA)
complaints from the public, the City, and Contractors and assisted in budget preparation.
PROFESSIONAL
Various Projects for Water Utility Division, City of Santa Fe Springs, California. Water Utility
CERTIFICATIONS
Distribution Supervisor. Mr. Espinoza managed and supervised the City's water distribution Sto te Certified in Water
system, including d irecting instal lation of new water ma ins and water service con nections.
Treatment (1�
He oversaw the maintenance of the underpass storm pumps to meet NPOES standards. He managed the overall operational, budgetary, and financial responsibilities of each new water S tote Certified in Water
Distribution (2)
service installation. He planned and implemented systems that performed the work and fulfilled the goals of the department with safety and efficiency in mind. He performed emergency repairs and stand-by responsibilities, as well as training and preparedness for major disasters. He trained personnel in safety and policy issues. 37 YEARS OF EXPERIENCE
L
Various Projects for Water Utility Division, City of Santa Fe Springs, California. Water Utility Maintenance Worker. Mr. Espinoza performed labor and maintenance throughout the City's water distribution system, including emergency repairs of water infrastructure, hydrants, meters and pumps. He was responsible for traffic control, confined space entries, pool maintenance and customer service complaints. In addition, he safely operated a variety of City vehicles, tools and heavy equipment. He assisted in the development of the City's apprentice program.
Various Projects, Design Concepts Consulting, Inc. in Irwindale and GK &Associates in Diamond Bar, Calif ornia. After retirement from the City of Santa Fe Springs, Mr. Espinoza has worked f or two consu Iti ng f irms i n the pu bI ic works/m un icipal ity f ields i n construction management and construction inspection,
P ro posal for On -Ca I I I nspecti a n Services
V! RFP No. 24-56
13 7-33
Justin Parent
Construction Inspector/Special Inspector
CERTIFICATIONS
Mr. Justin Parent has 15 years' experience in public works construction, specfalizing in Master of Special
concrete, ma5o n ry, and structura I i nspection, monitori ing f or com pl iance to approved plans Inspection, ICC
and specifications and maintaining documentation of construction and inspection activities. #809-5138
H e has been a Specla I I nspector for 12 years a nd is certif ied in Structu ra I Weld i ng, Steel an d Radiation Safety and
Bolting, Reinforced Concrete, and Masonry. He has deep knowledge of construction Nuke Gouge Training
techniques and understands blueprints, codes, and applicab[e manuals. Mr. Parent possesses great attention to detail, works well with contractors and cities, and has excellent technical Structural Welding
and communication skills.
Special Inspector tS2),
ICC #8095138)
Relevant Project Experience
Structural Steel and BUSD, Mayfair High School Steam Center, Lakewood, California. Special materials inspector Bolting Special Inspector - A new 77,566 sq ua re f oot, 2-story STEAM Building with 42,284 squa re foot fii rst f loor and (SI), ICC#8095138 35,282 square foot second floor. Structural Steel Building.
Reinforced Concrete
Kinesiology & Athletics Complex, Orange Coast College, Costa Mesa, California. Special Special Inspector, ICC
#8095138
materials inspector - The project is comprised of 1, 65 meter X 75'-l" competition long course 5wi mmi ng pool, 1, 2S yard X 75'-1" i nstruction ai If thera py pool, deck canopy sh ad e structure, Structural Masonry
3, buildings, 1, exterior storage enclosure, 1, exterior deck shower enclosure, 3, areas or Special Inspector,
parking alterations and site improvements including, 1, 16' max high soldier pile retaining ICC#8095138
wall.
ACI Concrete Field
Testing Technician
Language Arts and Socia I Science Building, Orange Coast College, Costa Mesa, California.
Grade 1, #01150639
Special materials inspector - The completion of a $61.5 million Language Arts and Social Science Building at Orange Coast College (OCC). The three-story, 107,760-square-foot facility General Education
houses classrooms, office spaces, conferences roams and support spaces, including a Development
computer lab for English as a Second Language, facilities for speech, debate and theater, and #0520200SET0433
a lou rnal ism news room f or the college's stud ent-ru n newspa per, Coast Report. �S YEARS OF EXPERIENCE
Palm Springs Fire Station No. 4, Palm Springs, California. Special materials inspector- A new multi -story wood framed building. After comp;etion Fire Station # 4 reopened to continue its legacy of almost 5 decades of service to the south end of Palm Springs.
Soboba Casino, San Jacinto, California. Special materials inspector- Anew casino with a new structura I steel 6-story hotel - The new casino will feature up to 2,000 slot machines on an 83,500-square-footgamingfloor. The entire resort will span 480,000 square feet and incl ude a 200- room hotel. The new Soboba Resort wil I a lso f eatu re a ba nq uet cente r f or events and a variety of cafes and bars.
Planetarium, Orange Coast College, Costa Mesa, California. Special materials inspector - A 12,124 SF pla neta riu m bui ld i ng is intended to be a n icon ic state ment wh ich wil I 5timu late a nd educate individuals of all ages and backgrounds 'in the world of science. The workshop has a wide range of facu Ity from scie nce, m ath, a rt, m usic, hu man ities, ad m in istrators, staff an d commun ity representatives. It also h ouses a 130-seat immersive theatre/pla neta ri um, a Fouca ult pend u I u m, exhi bi t a reas and staff su pport.
Hero's Hall, Orange County Fairgrounds, Costa Mesa, California. Special materials inspector - Heroes Hall consists of 3,600 square feet of exhibition space as well as the Medal of Honor Courtyard and Walk of Honor which feature 5,000 square feet of space conducive for events a nd I a rger gatheri ngs.
Proposal for On -Call inspection Services
RFP No. 24-56
14 7-34
Roy Shaver, PE
Construction Manager
Mr. Roy Shaver is a veteran of the construction and environmental field. With his years of experience and dedication to fostering coliaborative working relationships, Mr. Shaver has developed a reputation for being an effective team player. He has a talent for bringing
EDUCATION
together individuals with diverse backgrounds and skill sets, helping them to work together BS, Civil Engineering,
towards a common goal - As a respected member of the Fresno PM I a nd PECG Chapters, M r.
California State
Shaver demonstrated a strong commitment to serving his community and fellow employees.
University� Chico
He has held multiple leadership positions within these organizations, using his skills to promote the growth and success of the local project management and engineering
CERTIFICATIONS
communities. As a Caltrans employee for over two decades, Mr. Shaver's expertise in field Civil Engineer, California
construction inspection was invaluable to the organization. He worked across multiple No.44587
divisions, including Construction, Geotechnical, and Environmental.
PMPfrorn PM1 (2005 to
Relevant Project Experience
2020), PMI Subject
Matter Expert for Risk
Senior Transportation Engineer/Project Manager, California Dept. of Transportation As a Management
Caltrans employee f or over two decades, M r. Sh aver's expertise in fiel d construction inspection was invaluable to the organization. He worked across multiple divisions, including OSHA 40 hour and
Construction, Geotechnical, and Environmental, and played a key role in the completion of Confined Space
the Prun edale Improvement Project. Du ring th e project, M r. Sh aver worked cl osely with lCB0 Reinforced
contractors, county officials, and other stakeholders to ensure that construction was carried Concrete
out safely a nd efficie ntly. Du ring the early stages of h is Caftran5 ca reer, he worked as the lead fie I d i nspector on a 10-m ile 3R project on Highway 33. Th is project featu red a ru bberized Asphalt Concrete
asphalt concrete (RAC) paving test strip, which Mr. Shaver inspected and provided results Inspection and Testing
certifications offered by
that influenced future statewide specifications and policy for the use of RAC.
Caltrans
Mr. Shaver's experience as the D5 Constructability Reviewer for the Construction Division Nuclear Density Gauge
demonstrated his exceptional skills in plan and specification reading and 'interpretation, certified
construction inspection and management. He provided valuable comments and recommendations to designers through plan, specification, estimate, and CPM schedule Phase I Environmental
reviews for every D5 project in the design phase of development. His expertise in Site Assessor �Stote of
construction management and field inspection allowed him to identify potential construction California)
issues ea rly on, leadi ng to im proved project outcomes and increased efficien cy.
Post -Disaster Building
Assessor (Cal0ES)
As a Central Region Project Manager, Mr. Shaver managed up to 15 transportation projects simultaneously across 11 California Counties, with a total worth of up to $250M. His expertise in construction management and field inspection allowed him to provide technical reviews 40 YEARS OF EXPERIENCE
and gu id a nce, ensuring that all projects we re del ivered on schedu le, within budget, and to the highest quality standards. His attention to detail and ability to effectively manage project scope, cost, and schedule were key to his success in this role.
Proposa I for 0 n-Ca 11 1 nspection Se rvi ces
RFP No- 24-56
F ILI
7-35
Arne Cvec, Jr.
Consfruction Manager/lnspecfor
M r. Arne Cve k Jr. is a versatile, dynam ic construction prof essional skil led in f ul I lif ecycle project management. He utilizes his extensive education, field knowledge and leadership skills in designing and implementing projects and plans, using cost-effective tools and
EDUCATION
techniques, dealing with contractors, staff and efficiency to solve complex problems in order Master of5cience,
to bring maximum efficiency to the projects he's involved on. He works closely with team Construction
members, effectively accomplishing assigned responsibilities.
Management, Loui5iona
State University
Relevant Project Experience
Certificate in
Quality Control Manager — Private Firm, CA Mr. Cvek was tasked with identification and Construction
adherence to contract specifications to provide Los Angeles World Airport with a quality Management, Louisiona
product on Terminal Cores and Automated People Mover. He actively engaged LAWA QA State University
personnel at project meetings to promote transparency and encourage collaboration. He was Bachelor of Science,
th e pri mary point of conta ct for LAWA for al I issues concerning the Qu ality Control Program.
Biology, University of
M r. Cvelk worked with Co nsultants, Su perintenclents, an d Engineers to coord i nate a I I Qua lity Colorado, Boulder
Control activities, i ncluding i nspection s, tests, meetings, and maintenan ce of the test and inspection schedules.
Contract Administrator — City of Santa Ana, CA. Mr. Cvek executed comprehensive contract and plan reviews. He was tasked with delineating construction and legal requirements, conveying technical specifications to maintenance, building, and landscape contractors, as well as electrica 1, mechani Cal, a nd pl umbi ng trad es person n el. As part of h is work, he evaluated and reported contractor compliance with contract provisions, conditions, and municipal codes. Mr. Cvek also determined and investigated code or contract violations, provided recommendations for corrective actions. He developed, reviewed, and im plemented contract proposa Is an d assist w1 th design -bui Id plans f or various PWA projects.
This also included reviewing and providing recommendations for bid proposals upon bid opening.
Project Manager, Private Construction Firms, CA. Mr. Cvek led interior and exterior renovations for multi -family dwellings. He oversaw hiring, scheduling, fleet management, and material procurements to ensure diverse projects including drywall, painting, basic electrical, fencing, a nd i nstal lation of doors a nd ha nd ralls were com pleted according to sched ule. Mr.
Cvek spearheaded d iverse residential constructli on and renovation projects, a n d progressed from laborer to project lead as he gained more experience. This also included skills in installation of flooring, drywall, plumbing fixtures, electrical outlets, and lighting, door, casing, and baseboard finish carpentry.
Proposa I Fo r 0 n -Cal I I n specti o n Services
RFP No. 24-56
16 7-36
EXHIBIT B
SCHEDULE OF BILLING RATES
Willdan Engineering Page B-1 7-37
City of Newport Beach
"A/W11 LLDAN
technical Aide I
Tech n ical Aude I I
Technical Aide I I I
CAD Operator I
CAD Operator 11
CAD Operator III
GIS Arta lyst I
GIS Analyst 11
GIS Analyst III
Environmental Analyst I
Environn)-antal Ana"t 11
Environmenlal Analyst III
Environmental Specialist
Designer I
Des igner 11
Senior Designer I
Senior Designer 11
Design Manager
Senior Design Manager
Project Manager I
Project Manager il
Proied Manager III
Project Manager IV
Pnocipal Proliad Manager
Program Manager I
Program Manager 11
Program Manager lit
Assislant Engineer I
Assistant Engineer 11
Assistant Engine8r III
Assistant Engineer IV
Associate Engineer I
Associate Engineer 11
Associate Engineer III
Senior Engineer I
Senior Engineer 11
Senior Engineer III
Senior Engineer IV
SiApervisirV Engineer
Traffic Engineer I
Traffic Engineer 11
City Engineer I
City Engineer Ii
Deputy DiFectOF
Director
Principal Engineer
$77
S101)
$120
$126
$146
$162
$164
$T80
$191
$1,11)
S157
$166
$1W
slu
S174
$184
$193
S191
$198
$177
$197
$207
S223
$227
$197
$209
$228
$137
$153
$161
$170
$179
$186
$190
$194
$196
$201
$204
$209
$209
$223
$223
$227
$231
$237
$257
WILLDAN ENGINEERING
Schedule of Hourly Rates
Effecilive Jijfy 1. 2023 to June 30. 2024
1:1111111131151-1101.17-17 -��
Assistant CDde En(orvement Officer
$103
Code Enforcement Officer
$118
Senior Code Enforcement Officer
S139
Supervis(K Code Enforcement
$168
Plans Examiner Aide
$11IJ
Plans Examiner
$1"
Senior Plans Examiner
$184
Asaistaint Construclicip Permit Specialisl
S 1 18
Con5tructicn PF"It Sperialist
S124
Senior Construction Permit Specialist
9146
Supervising Conalniclion Permit
$154
Specialist
Asbislant Building Inspector
$139
Building Inspector
S154
Senior Building Inspector
$168
Supervising Building Inspector
S 1 84
Inspector of Record
$196
Deputy Building Official
$196
Building Offic,at
$198
Plan Check Ergineer
$192
Supervi3ing Plan Check Engineer
S194
Principai Pcojec' Managef
$227
Deputy Director
$231
Director
$237
CD6G Technician
$82
CD8G Sperpalist�.
$98
CDSG AnalySl
$116
CDBG Cowdinanor
$144
CDBG Manager
$174
Housing Programs Coordinator
$144
Planning Technician
$123
Asestarn Planner
$154
As�ociale Planner
S168
Senior Planner
$191
Priricipai Planner
$198
Planning Manager
$211
Deputy Director
S231
[Nrwc>r
$237
Administratinve Asglstlant 1
$95
Administrative Assistant 11
S114
AdmKiistrative Assistant 111
$133
Project Accountant 1
$107
Project Aocouri 11
$125
Project Convoller I
S133
Prqect Controller 11
S150
Labor Compliance Specialist
$139
Labor Compliance Manager
$174
Utility Coordinator
$167
Office Engineer 1
$140
Office Engineer 11
$159
As,ristant Constructiian Manager
$152
Construction Manager
$176
Senior Construction Manager
S 1 91
Resident Engineer 1
$198
Resident Engineer 11
$206
Pro*t Manager IV
$223
Deputy Director
$231
DirKtor
5237
Public Works Observer
S125
Public Works ObservLr
sl$l
Senior Public Works Observer—
S136
Senior Public Woos Observer "'
$151
Survey Analyst 1
$143
Survey An�ilyst 11
$164
Saitior Survey Analy5l.
$187
Supervisor - Survey & Mapping
S197
Principal Project Manager
$227
Assistant Landscspe Afchitw
$146
A�soca te Landscape Arch i lecl
S168
Senior Larroscape Architeot
SIS4
Principal Lsnd�sca�e Architect
$195
Principal ProjW Manager
$227
" F� Wa�. Popactt "' For PInq Wage PrQI.C1
Vileageil'ield Vehicle usage will be ctulfgecl a I the rate in accordance with the current FrR rmleage reimbursernert mte. subjiect to oesollaum Additional c4i ling ciass.f��1,ons nay oe added to the abova liong duong the year as now posrtions are created Const,itertion in connection With liirtislatk� and cmfl appes rairic,as will be quoted sep—le4y T he aboye sd�dule is for staght b.. Q,,erurne - 11 be ch. r9ed al I , -5 bimers, and Sundays arid hdidays, 2.0 tornes the standafc! rat". Bki,&pirmb�g. reproduction. messenger semices. and proing will be i-ociad at cast plus fftwn percent ( 15%). A sub consultant mqnagement fee 0 firiftean percent I 15% 1 will W added to the direct cost ol all sub consultant se viome to pro�dlr for the cost of adm inistrawn, and coo�rdinatim Valid July 1. Z023 thm Jvn,a 30. 2W4. thowlter. the rab� may be raised MoIi per year 10 the va; � nA1w*a,i " 12-month % charge of the Gmmmeir Fince Index For the Los AngiresiOrange an Francisoc�San Jose area and five po orim For pre,al wv Ja clawficsilono. the - WOWO vAR be per the pnwoN wage increase "I by [he Cafterria Department of indusv�al Retarions Annual rate incfeases sha I not ex c ee d 5 �A o f %he fates in effect immed i ate iv p re� e rfing a ny su r h ra i se Wilida n , ha 11 pro ivid a pi ror wrpll e n not ice of a nnu a I ra ke I m rtaies to City prior to such rate � beco mung a fttdi�_.
Any and a 11 nuleattelfield veh ic le usage. overtime, hotic! a q pay, nesseril se Nu:Es, pr, rr,ng cost s, subconwitai ril ma nag ment fees, ancl any othef ex "nses, Cost s' fees or rei mhu r9emE nts of any na lure whir L�ei` musi. be ore-appronted by City in wF Iting FEE SCHEDULE - Proposal for on -Call inspection ServIces RFP No. 24-56
31 7-38
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1 Frovision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California.
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant 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 Consultant Willdan Engineering Page C-1 7-39
arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date, of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant's primary and excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees, or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbreII8 liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as additional insureds under such policies.
Willdan Engineering ' Page C-2 7-40
C. Primary and Non-Contributo . Consultant's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to the City, its City ' Council, boards and commissions, officers, agents, volunteers and employees. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". 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 Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. 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 Consultant ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.
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C. Right to Review Subcontracts. Consultant agrees that upon request, all agreementswith subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions.- Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. 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 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City.
F. 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 requirements unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such in.surance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Contract, and that involve or may Willdan Engineering Page C-4 7-42
involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Consultant's Insurance. Consultant 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.
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ATTACHMENT B
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH TKE ENGINEERING, INC. FOR
ON -CALL INSPECTION SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 9th day of July, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TKE ENGINEERING, INC., a California corporation ("Consultant"), whose address is 2305 Chicago Avenue, Riverside, CA 92507, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide on -call inspection and permitting services for the Public Works Department. ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
I . TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on July 9, 2027, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 7-44
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.
3.3 - Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not- specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, TKE Engineering, Inc. Page 2
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the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Terry Renner to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule.
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8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or TKE Engineering, Inc. Page 5
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joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such'Documents, including all logins and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.
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19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees
California Political Reform Act of 1974 (the
seg., which (1) require such persons tc
may be subject to the provisions of the
"Act") and/or Government Code §§ 1090 et
disclose any financial interest that may
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foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at:
Attn: Terry Renner
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment underthis Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).
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27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.
28.6 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 TKE Engineering, Inc. Page 9
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against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to aftorneys'fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6� iS
By: ;Jtj
A(a'fn C. Harp
Co Attorney
ATTEST:
Date:
21 Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: TKE Engineering, Inc., a
California corporation
Date:
By:
Michael Thornton
Chief Executive Officer
Date:
By:
Terry Renner
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
TKE Engineering, Inc. Page A-1 7-55
SCOPE OF SERVICES
ON -CALL INSPECTION SERVICES
Services include Development Permits, Encroachment Permits and Utility Permit Inspections to supplement the City's current inspection staff, in addition to construction administration services.
Prior to authorization to commence work on any particular assignment by the City, the City and Consultant shall agree to a written scope of work (task order) and a time schedule. Consultant's services shall include, but not necessarily be limited to, providing a Public Works Inspector or Construction Administrator to work at City Hall within the Public Works Department. Depending on the project or inspection activity, services may be assigned on a part time, percent time, full time, and/or evening or weekend basis depending on the need for services. Consultant will be assigned to specific projects/permits and work with City staff on administration and inspection of City projects and private improvements/encroachments within public right-of-way in the following areas as necessary:
• Construction observation;
• Public contract administration;
• Attend project meetings;
• Utility coordination;
• Minimizing traffic impacts;
• Construction staking and surveying;
• Material testing;
• Project documentation;
• Record drawings;
• Permit system record keeping;
• Liaison with Staff.
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REQUEST FOR PROPOSAL
ON -CALL INSPECTIONS SERVICES
RFP NO. 24-56
Li
fo r:
CITY OF NEWPORT BEACH
Attn: Robert Silva, Construction
Inspection Supervisor
100 Civic Center Drive
Newport Beach, CA 92660
4WN��
April 4, 2024
3:00 p.m.
Prepared by:
ENGIN EERING, I N C
2305 Chicago Avenue
Riverside, California 92507
( 9 5 1 ) 6 8 0 - 0 4 4 0
w w w . T K E e n g i n e e r i n g . c o m
7-57
Section 1 Cover Letter
Section 2 Local Staffing List
Section 3 Advances Notice Requirements
Section 4 Organizational Chart & Resumes
Section 5 & 6 Previous Work Performed & References
Section 6 References
Section 7 Fee Schedule
Section 8 Addendum Acknowledgment
Section 9 Proposer Information
Prepared for:
W 11 City of Newport Beach
10D Civic Center
Newport Beach, CA 92660
Contact: Robert Silva, Construction Inspection Supervisor Phone: (949) 270-8131
I F 10�
Prepared by:
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Terry Renner, P.E., P.L.S., Q.S.D.
Senior Vice President
Phone: (951) 680-0440
E-rnaik [email protected]
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Apri14,2024
Robert Silva, Construction Inspection Supervisor
City of Newport Beach
100 Civic Center
Newport Beach, CA 92660
Subject: Request for Proposal for On -Call Inspection Services Dear Mr. Silva,
Thank you for the opportunity to present TKE Engineering, Inc. (TKE)'s proposal to provide professional inspection services (on -call and as -needed) to the City of Newport Beach (City). The City desires to retain services to assist with development permits, encroachment permits, and utility permit inspections together with construction administration services. TKE is enthusiastic about the opportunity to assist the City with these services.
The City requests on -call and as -needed inspection for Public Works. Services requested include said inspections to supplement the City's current inspection staff, in addition to construction administration services to assist City Staff. TKE will provide services on -an hourly/on-call/as-needed basis to assist the City with various projects.
SECTION 1 — SCOPE OF SERVICES
Services include construction observation, public contract administration, project meeting attendance, utility coordination, minimizing traffic impacts, project documentation, record drawings preparation, permit system record keeping, and coordination with City staff.
TKE understands that prior to providing services, the City and TKE will agree to a written scope of work and a time schedule. TKE will provide a Public Works Inspector and/or Construction Administrators that will work at City Hall within the Public Works Department. Services will be provided on a part- time, percent time, full time and/or evening/weekend basis depending on the need for inspection services. The City will assign TKE to specific projects/permits. TKE will coordinate with City staff on administration and inspections.
TKE, a California Corporation, is a full service, multi-d iscipli nary consulting corporation. We can be found online at www.tkeengineering.com or reached by phone (951) 680-0440. We have 24 years of experience with providing on -call inspection services to public agencies and are highly qualified to perform the services requested.
Terry Renner will be overseeing and managing the work of our key personnel. Supporting Mr. Renner will be our Contract Administrators (Marvin Lara, E.I.T., Travis Bradshaw, E.I.T.) and Public Works Inspectors, including Jeff Lantosh, C.P.I.I., Nelson Blackwell, C.P.I.I., Naeem Dullo, Jeff Lynn, Steve Biscotti, Mike Counce, Patrick Palafox, Brad Enscoe, and Tyler Ault. TKE can also call upon any of our additional inspectors to provide necessary services. Our team includes dedicated members of our inspection staff. As such, they will remain in -place throughout the term of the contract. TKE will provide 100% of the services in-house, and will not be retaining subconsultants for this on -call.
Request for Proposal No. 24-561 On -Call Inspection Services City of Newport Beach
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TKE is available for on -site visits and/or tours of our office to provide you with a comprehensive understanding of our operations and capabilities. Additionally, we remain flexible and accessible to accommodate your scheduling needs, including availability for evening and weekend inspections.
TKE has no exceptions to the terms of the RFP and Professional Services Agreement. TKE's proposals will remain valid for a period of 180 days. We are committed to accepting the terms and conditions within the RFP and Professional Services Agreement.
SECTION 2 - LOCAL STAFFING LIST
While TKE does not presently maintain a staff presence in Newport Beach, we possess a pool of 53 inspectors poised for mobilization, ready to commence inspections promptly SECTION 3 - ADVANCE NOTICE REQUIREMENTS
At TKE, we recognize the critical role that timely and dependable inspections play in the success and safety of every project. With our devoted team of skilled administrators and inspectors, coupled with our steadfast dedication to efficiency, we are delighted to extend our services as needed, starting from Summer 2024 and continuing into the future. Our commitment to excellence knows no bounds, as we are available for inspections not only during regular business hours but also on weekends and evenings, ensuring flexibility to accommodate diverse project schedules.
Our team is highly experienced and equipped to handle a diverse range of projects, and we are ready to accommodate the specific needs and schedules of the City. Whether it's road construction, utility installations, or any other infrastructure endeavor, you can trust TKE to deliver thorough and prompt inspection services.
Thank you for your consideration. TKE would very much appreciate the opportunity to provide engineering services. If you have any questions, please call me at (951) 680-0440.
Sincerely,
Terry Renner, P.E., P.L.S., Q.S.D.
Senior Vice President
TKE ENGINEERING, INC.
Request for Proposal No. 24-561 On -Call Inspection Services City of Newport Beach
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SECTION 4 1 ORGANIZATIONAL CHART & RESUMES
Contract Administrator
Marvin Lara, E.1,T.
• Project Manager
• Permit Compliance Review
• Technical Review
Senior Public Works Insoector
Steve Biscotti
Office Hours
Permit Inspections
Uent cortac(
Terry Renner, P.E., P.L.S., Q.S.D.
Services Lead
Staff Scheduling
0 Technical Support
Senior Public Works Inspector
Nelson Blackwell, C.P.I.I.
0 Office Hours
10 Perm�t Inspections
Contract Administrator
Travis Bradshaw
• Project Manager
• Permit Compliance
Review
• Techn�cal Review
Senior Public Works Inspector
Naeem Dullo
Office HOWS
0 Permit Inspections
Senior Pubft Works InspLctor Senior Publ�c Works Inspectw Senior Public Works Inspertc)i Patrick Palafox Brad Enscoe Tyler Ault
Office Hours 0 Office Hours 4 Office Hours
0 Perrnit ln�pectians Permit Inspections Permit Inspections
SUPPORT TEAM
( 5 0 + M e rn b e r s )
I
Senior Public Works inspector
Jeff Lantosh, C.P.I.I.
0 Office Hours
Permit Inspections
5en�or Pub�jc Work.s Inspector
Mike Counce
Office Hours
Permit Inspections
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A . K E Y P E R S 0 N N E L
TKE currently maintains a staff of 53 personnel who are highly qualified to assist with any of the required services for this contract.
For this contract, Mr. Terry Renner, P.E., P.L.S., Q.S.D., Senior Vice President of TKE will coordinate and oversee all inspection projects. He brings a vast amount of
knowledge from his 24 years of experience designing and managing similar projects throughout Orange, Los
Angeles, San Bernardino and Riverside counties.
Mr. Renner will serve as Client Contact and will maintain direct and continued responsibility for all inspection
provided for the duration of this contract. He will serve as the primary contact on all matters and will manage and oversee day-to-day activities, as well as handle all
contractual matters and will direct the TKE team.
As the client contact, Mr. Renner has been responsible for inspection coordination, supervising staff of inspectors, and scheduling, public relations, weekly progress
meetings, request for information responses, invoicing, labor compliance, and project closeout. He has
successfully delivered a wide variety of complex and
challenging services and is dedicated to ensuring that the services delivered by TKE continue to exceed industry
standards.
Mr. Renner's greatest attribute is his ability to effectively communicate and manage TKE's inspection staff, on time
and within budget. His vast experience ensures success
again and again. He also understands the importance of
working as a team member. Mr. Renner understands that
the City will provide final direction to construction
requirements, standards and he fully understands the
need to maintain proper protocol while providing
services. He further understands that his role will be to manage and coordinate with our inspectors to enforce
and ensure the construction needs are met.
TKE has two unique advantages associated with the
experience of TKE's project team. One benefit of TKIE's project team is our extremely low internal turnover
rate. As a result of our rigorous interview and testing procedures, coupled with our extremely high employee
satisfaction rates, TKE staff has years of experience
working together. The close relationships each of our
staff members have with one another provide the City
with an extremely well rounded and experienced
team. As such, TKE's project team experience directly
correlates with TKE's firm experience described
previously.
The second benefit of TKE's project team is our internal training procedures. TKE has strived to develop
techniques that reach outside the box and develop well
rounded individuals committed to providing high quality, efficient services to meet all our clients' needs. TKE trains our staff on every facet inspection to provide a level of knowledge that can identify problems in every phase.
It is this commitment to service and diverse array of
offerings that makes us unique and drives our long-
standing relationships with our client base.
Understanding that all aspects of on -call inspection
services are important to ensure the City's interests are protected and project schedules are met, our team brings TKE management level professionals to projects ensuring that every aspect receives full and comprehensive
consideration. It is this personal touch and contact that define our 'local service' approach. We consider
ourselves community builders and take ownership of
services requested from TKE, ensuring that our personnel will be allocated on an as -needed basis in order to
complete all services on schedule and within specified
budget. TKE is committed to responding to our clients'
needs as they arise.
Terry Renner, P.E., P.L.S,
Q. S. D.
Client Contact
R.C.E. No. 69984
P.L.S. No. 9762
Q.S.D. Certification No. 24329
Mr. Renner is the Senior Vice President of TKE and has
over 24 years working with TKE and has extensive
experience in inspection, construction management, civil engineering, design, plan checking, and project
management of both development and public works
infrastructure projects, including grading improvements, street and transportation improvements, traffic
engineering, drainage improvements, water
improvements, sewer improvements, facilities
improvements, and recreation improvements. He
currently provides engineering services to the cities of Calabasas, El Monte, South El Monte, Glendora, Azusa,
Fontana, Calimesa, Upland, Wildomar, Highland, and
Request for Proposal No. 24-561 On -Call Inspection Services City of Newport Beach
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Adelanto. His experience includes services during pre - project inspection, construction management, and plan
review, along with operations and maintenance. He has
successfully delivered a wide variety of complex and
challenging projects and is dedicated to ensuring services provided by TKE continue to exceed industry standards.
CONTRACT ADMINISTRATORS
in the dynamic landscape of public agencies projects
undertaken by public agencies, contract administrators
play a pivotal role in ensuring project success.
Responsible for overseeing contracts from inception to
completion, their duties encompass ensuring compliance, facilitating communication, monitoring progress,
mitigating risks, and promoting transparency. By
meticulously managing contractual obligations and
fostering collaboration among stakeholders, contract
administrators safeguard project integrity and uphold
public trust, ultimately contributing to the delivery of high -quality infrastructure that serves communities
effectively. Below is our proposed Contract
Administrators:
Marvin Lara, E.I.T.
Contract Administrator
E.I.T. No, 157100
Mr. Lara has 7 years working with
TKE with extensive experience in
civil engineering infrastructure
projects, including transportation
improvements, drainage
improvements, facilities improvements, recreation
improvements, and construction methods. He has
managed numerous projects and has delivered projects
for the Cities of Highland, Moreno Valley, Glendora,
Calimesa, Fontana, Rialto, Hesperia and Redlands. Mr.
Lara has been responsible for supervising a staff of
inspectors, construction coordination and scheduling,
utility relocation coordination, public relations, submittal review, coordination with subconsultants, weekly
progress meetings, request for information responses,
storm water management, progress payments, change
order review and negotiations, labor compliance, and
project closeout.
Travis Bradshaw, E.I.T.
Contract Administrator
E.I.T. No. 178961
Mr. Bradshaw joined TKE three
years ago after graduating from
San Diego State University with a
degree in Civil Engineering. As an
Associate Engineer, Mr, Bradshaw
has been responsible for assistance in construction
management, utility coordination, review of construction submittals and request for information responses,
progress payments, change orders review, preparation of construction cost estimate and project specifications. Mr.
Bradshaw also has extensive experience with Federal and State Grant funded projects. Within his role as an
Associate Engineer, he assisted in the development of
construction management plans, conduct regular
construction and progress meetings, maintain records of contract, and also ensuring that all permits and
certifications are obtained.
SENIOR PUBLIC WORKS INSPECTORS
TKE provides experienced, highly qualified staff with
significant technical expertise and strong public relations skills for inspection services. All of TKE's inspectors have a background within design and construction, enabling
TKE to provide well rounded inspectors capable of
understanding permit requirements and capable of
identifying potential deficiencies before they occur. TKE is fully capable of providing staff on a full-time, part-time, on -call or interim inspection services. Please refer to our project team, to verify our team's technical ability to deliver these services.
TKE has provided sirn ilar services to those requested here for a number of different public agencies including of
Calimesa, Highland, Jurupa Valley, San Bernardino Water Department, Adelanto, and Hesperia. TKE understands
that each jurisdiction has its own standards and
agreement/permit requirements that were developed to
meet the needs of that particular community. TKE will
develop a thorough understanding of these standards
together with the needs of the community. For each
project that TKE is assigned, TKE will verify compliance with all applicable standards/requirements. Our
inspection portfolio includes:
Request for Proposal No. 24-561 On -Call Inspection Services City of Newport Beach
Daily review and documentation of construction
activities (daily reports and digital photo of
significant issues and milestones)
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Monitor Contractor's daily labor force
Field verification of traffic control procedures and
consistency with approved Traffic Control Plan
Coordinate with agencies and different
stakeholders to ensure smooth progress of
construction activities
Monitor project delivery schedule
Assure quality control
Provide Field observations of construction
activities, as applicable
Maintain complete and accurate project records
compliant with Caltrans manual
Verify NPIDES and SWPPP compliance
Preparation of removal work lists
As -built plans review
Ensure that materials and completed work
comply with plans, specifications, and
requirements
Implement security procedures
Issue notices for safety concerns and violations
Review and ensure compliance with permits and
work change directives
Compliance with Caltrans encroachment permit
requirements, if required
Coordinate project closeouts activities which
include staff report, Notice of Completion,
warranty inspection, and archiving documents.
Below is our proposed Senior Public works Inspectors:
Jeffrey Lantosh, C.P.I.I.
Senior Public Works Inspector
CPII — Certified Public Infrastructure
Inspector, ICC - Special Inspector, Soils,
Structural Masonry, Reinforced Concrete,
and Prestressed Concrete APNGA
Portable Nuclear Gauge I Radiation
Safety Officer Class South West
Calibration and Training, CESSWI
Certification
Mr. Lantosh has 3 years working with TKE and has over 12 years of inspection experience with the providing public works inspection services. Mr. Lantosh has provided
inspection services to several municipalities throughout Southern California. He has completed project inspection services for the cities of Fontana, Riverside, Moreno
Valley, Highland, Calimesa, Riverside Transit Agency, and the County of San Bernardino. Mr. Lantosh's background
in public works inspection and oversight provide him with an extensive knowledge of ASTM specifications and OSHA
standards. Additionally, Mr. Lantosh has provided
Coordination with other project professional services
including geotechnical and survey. Mr. Lantosh has
worked as a public works inspector for inspection of
capital improvement and developer installed
improvements relating to the construction of water,
sewer, streets, drainage, traffic signals, parks and housing tract 'improvements. Mr. Lantosh has prepared daily
inspection reports, developed construction photo logs,
assisted with progress and final payment processing,
assisted with change order negotiations, verified
compliance with contract documents and approved
project submittals, verified public safety compliance, and developed remedial work lists.
Nelson Blackwell, C.P.I.I.
Senior Public Works Inspector
ICC - Special Inspector, Soils, Reinforced
Concrete, Reinforced Masonry and ACI
Field Testing, Technician Grade ISpecia[
Inspection Certification and Training -
Southwest Training and Calibration
Mr. Blackwell has 3 years working with TKE and nearly 9 years of experience providing inspection services for
capital projects to several agencies throughout Southern California. His services include but are not limited to site grading, sewer and waterline installation, street paving, American Disabilities Act (ADA) improvements,
underground infrastructure, utilities installation, steel reinforcements, concrete and masonry, path/retaining
walls, and parking lot installation. Additionally, he is skilled in understanding project plans and specifications, accessing applicable code, maintaining good and proper
relationships with project stakeholders and contractors, and helping to prepare final project documents. Mr.
Blackwell h as prepared daily inspection reports,
developed construction photo logs, verified compliance
with contract documents and approved project
submittals, and verified public safety compliance.
Request for Proposal No. 24-561 On -Call Inspection Services City of Newport Beach
Naeern Dullo
Senior Public Works Inspector
DSA Masonry Special Inspector,
[CC —Special Inspector, Structural
Masonry, Reinforced Concrete,
Structural Steel & Bolting, Spray
Applied Fire Proofing
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ACI — Concrete Field -Testing Technician Grade I
Mr. Dulloo has I year working with TKE and collectively 5 years of experience providing construction inspection
services for public and private residential, commercial, industrial, and infrastructure projects in Southern
California. He has successfully delivered a wide range of project types, involving, yet not limited to: underground utilities, soils & trenching, street paving, ADA
improvements, parking lot installation, concrete,
masonry, structural & reinforcing steel, and underground infrastructure. Work performed has consistently aimed to meet and exceed expectations of clients in the Los
Angeles, Orange, San Bernardino, Riverside, and San
Diego counties. Mr. Dulloo has specialized expertise and knowledge in various construction disciplines, inspection principles, the California Building Standards Code, ASTM Standards, and plan reading. Beyond expertise, his
character fosters amicable and effective relationships
with project stakeholders and contractors, making him a valuable asset to any project he is involved in.
Steve Biscotti
Senior Public Works Inspector
to r OSHA 30, 16HR QSP Training,
Lean Manufacturing Seminar,
Forklift Certification, Step 2000
Courses, Conflict & Confrontation
Seminar
Mr. Biscotti joined TKE 10 years ago and has nearly 19
years of inspection experience with the last 8 years
providing public works construction inspection services.
Mr. Biscotti has provided inspection services to several municipalities throughout Southern California. He has
completed project inspection services for San Bernardino Municipal Water Department, East Valley Water District, Rubidoux Community Services District, and the Cities of Fontana, South El Monte, Riverside, Moreno Valley,
Hemet, Calimesa, Riverside Transit Agency, and the
County of San Bernardino. Mr. Biscotti's further
background in steel manufacturing inspection and
oversight provide him with an extensive knowledge of
ASTIVI specifications and OSHA standards. Additionally, Mr. Biscotti has received Step 2000 certification from
Siemens for electrical design and inspection. Mr. Biscotti has provided coordination with other project professional services including geotechnical and survey. Mr. Biscotti has worked as a Public Works Inspector for inspection of capital improvement and developer installed
improvements relating to the construction of water,
sewer, streets, drainage, traff ic signals, parks and housing tract improvements. Mr. Biscotti has prepared daily
inspection reports, developed construction photo logs,
assisted with progress and final payment processing,
assisted with change order negotiations, verified
compliance with contract documents and approved
project submittals, verified public safety compliance, and developed remedial work lists.
Mike Counce
Senior Public Warks Inspector
viol! Electrical Journeyman Licensed,
Certification Electrician, ABC
Apprenticeship Graduate
Mr. Counce has 3 years working
with TKE and is a certified
journeyman electrician with 17
years of commercial and residential experience. He is
adept in performing electrical installations, maintenance and repairs in homes, schools, hospitals and plant
facilities; knowledgeable in all areas of the national
electrical code; and excels in analyzing and solving
problems with various electrical controls and systems.
His experience includes electrical systems and controls, installations and maintenance, electromechanical repairs, blueprints, schematics, generators, transformers,
switches, circuit breakers, electrical code, safety, wiring diagrams, troubleshooting, testing instruments, motors
and conduit.
Mr. Counce served as journeyman electrician or
apprentice on more than 100 new home construction
projects as well as dozens of major commercial projects.
He earned a reputation for expertise in complex
troubleshooting and problem resolution. He also gained
extensive experience in analyzing and following manuals, schematic diagrams, blueprints and other specifications and mastering the use of measuring/testing instruments
such as ammeters, ohmmeters, voltmeters and testing
lamps,
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Patrick Palafox inspections. In addition, Mr. Enscoe has provided Senior Public Works Inspector coordination with other project professional services (e.g., Geotechnical and Surveying).
OSHA 10 Certification
Mr. Palafox has 9 years working
with TKE with nearly 18 years of
experience in public works
construction and has provided
inspection services for the past
four years. Recently, Mr. Palafox
is providing on -call inspection services to the San
Bernardino Municipal Water Department for developer
installed water and sewer projects, the City of Calimesa for capital improvement and developer installed street, drainage, utility and housing projects as well as street, drainage, park, water and sewer improvements to
numerous Cities, municipal agencies, Rubidoux
Community Services District, and the City of Highland. In addition to daily inspection services, Mr. Palafox has
prepared daily inspection reports, developed
construction photo logs, assisted with progress and final payment processing, assisted with change order
negotiations, verified compliance with contract
documents and approved project submittals, verified
public safety compliance, developed remedial work list
and system star -to p i nspections. M r. Pa lafox has provided coordination with other project professional services
(e.g., Geotechnical and Surveying) and provided
simultaneous inspection of multiple contractors and
crews.
Brad Enscoe
Senior Public Works Inspector
OSHA 30 Certified
16HR QSP Training Seminar
Mr. Enscoe has 18 years working
with TKE providing public works
construction inspection services.
Recently, Mr. Enscoe is providing
on -call inspection services to the City of Calimesa for developer installed housing projects as well as street, drainage, and sewer improvements to the Cities of
Fontana, Redlands, and El Monte. In addition to daily
inspection services, Mr. Enscoe has prepared daily
inspection reports, developed construction photo logs,
assisted with progress and final payment processing,
assisted with change order negotiations, verified
compliance with contract documents and approved
project submittals, verified public safety compliance,
developed remedial work list and system startup
Tyler Ault
Senior Public Works Inspector
Confined Space Training
NUCA Excavation Safety &
Competent Person Certified
Mr. Ault joined TKE 3 years ago
with 4 years of experience in
public works street, parking lot,
pipeline and development construction. With firsthand
experience in the construction industry, he brings an
invaluable perspective to the projects as an inspector. He is adept in confirming compliance with plans,
specifications, and safety standards by conducting
detailed, on -site surveys and communicating necessary
adjustments with the project managers. With thorough
attention to each project, he is able to identify potential problems and implement corrections before causing
delays. His experience includes inspection of streets,
pavement replacement, pedestrian improvements,
parking lots, signing and striping, as well as sewer main and potable water installation projects installation of sewer, potable water, non -potable water, storm drain,
and storm water retention basins; performance of
hydrostatic testing, air pressure testing, and mandrel
testing; and implementing safety measures to follow
OSHA codes and regulations.
Request for Proposal No. 24-561 On -Call Inspection Services City of Newport Beach
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EXHIBIT B
SCHEDULE OF BILLING RATES
TKE Engineering, Inc. Page B-1 7-67
1KE �ENGINEERING, INC.
RATE SCHEDULE
2023- 2024
HOURLY
RATE
Principal in Charge .. .......... ........... .......... .......... ........... .......... .......... ........... $180.00 Project Manager/Construction Manager/Licensed Surveyor ..... .......... ........... $170.00 Traffic Engineer (TE) ..... .... ........... .......... .......... ........... .......... .......... ........... $160.00 Senior Engineer/Project Engineer (PE)/Senior Plan Checker ... .......... ........... $160.00 Assistant Project Manager/Associate Engineer .. ........... .......... .......... ........... $150.00 Assistant Engineer/Plan Checker/Designer ........ ........... .......... .......... ........... $140.00 AutoCAD Technician .......... ........... .......... .......... ........... .......... .......... ........... $130.00 Engineering Technician ... .. ........... .......... .......... ........... .......... .......... ........... $100.00 Clerical......... .......... ......... ........... .......... .......... ........... .......... .......... ........... $ 90.00 Forensic Engineering ......... .. ........ ... ...... .......... ........... .......... ...... ... ........... $275.00 Expert Witness Testimony ........... .......... .......... ........... .......... .......... ........... $375.00
SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage) .... .......... ........... .......... .......... ........... $250.00
CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ........... .......... .......... ........... $130.00 Construction Inspector (Prevailing Wage) ....... .. ........... .......... .......... ........... $120.00
REIMBURSABLE COSTS
In-house Reproduction ...... ........... .......... .......... ........... .......... .......... ........... Cost Printing and Materials ....... ........... .......... .......... ........... .......... .......... ........... Cost+ 10% Express Mail/Courier/Next Day Service .. .......... ........... .......... .......... ........... Cost + 10% Special Subconsultant Services ... .......... .......... .......... .......... .......... ........... Cost + 10% Consultant shall provide written notice to City of annual rate updates during the course of this Agreement, prior to such rates becoming effective. Annual rate increases shall not exceed five percent of the rates in effect immediately prior to such increase. Any and all fees, costs, expenses, reimbursements, or other charges of any nature whatsoever require prior written approval of City, Revised July 2023
am
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class V11 (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California.
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant 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 Consultant arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented TKE Engineering, Inc. Page C-1 7-69
vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and pdmary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant's primary and excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees, or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as additional insureds under such policies.
C. Primary and Non-ContributorV. Consultant's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to the City, its City Council, boards and commissions, officers, agents, volunteers and employees. All liability coverage shall apply on a primary TKE Engineering, Inc. Page C-2 7-70
basis and shall not require contribution from any insurance or self- insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". 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 Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. 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 Consultant ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, TKE Engineering, Inc. Page C-3 7-71
subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. 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 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City.
F. 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 requirements unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Consultant's Insurance. Consultant 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.
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