Prepared by:
Ver'dnica Orti
Reviewed and approved:
Karen Crocker
Deputy Directorof Community Services Director of Community Services Reviewed and approved:
Damien R. Arrula
City Administrator
Attachment:
Resignation email correspondence from Mr. Russell Narahara
Sent:
To:
PARC Commission and staff,
Russ Narahara
Tuesday, September 12, 2023 2:13 PM
Daniela Escobedo
Cracker; Veronica Ortiz
Re: PARC Meeting, Tues. September 12, 2023 at 6:30pm - In Person at the Front Community Room
; Karen
When l joined the Commission in 2017, our parks received few resources despite efforts of the legacy Commissioners r
and staff to change the narrative.
A few years later, Measure U was voted in but parks were still not •air our a 1,.,,, share. It was not until our dedicated staff, supported by the Commission, presented a new narrative to the City, that Measure U started funding park infrastructure.
i am excited to witness the positive change in our parks. l am humbled by the time and effort our staff dedicate. I am thankful to have met all of you. I am hopeful for what lies ahead.
Having shared these words, I tender my resignation from the Commission. Due to other obligations, I am unable to continue dedicating my time to the Commission. l want to step down so a new community member can get involved.
Since I have a grad school class tonight, I will not be at tonight's meeting.
All my best,
Russell Narahara
On Tue, Sep 12, 2023, 12:47 PM Daniela Escobedo wrote:
Good afternoon Commissioners, - -
Please let me know if you'll be in attendance at tonight's meeting at 6:30pm.
Thank you,
Daniela Escobedo I Admin. Assistant - Community Services City of Placentia l 40.1 E. Chapman Ave. Placentia, Ca 92870 Phone: (714) 993-8110 E Email: _:[email protected]
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE OCTOBER 17, 2023
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN PACIFIC, INC., FOR ON -CALL PRIVATE DEVELOPMENT PLAN
CHECK SERVICES
FISCAL
IMPACT: EXPENSE: $ 75,000 PROFESSIONAL SERVICES AGREEMENT BUDGET: $ 150,000 FISCAL YEAR 2023-24 OPERATING BUDGET
(103551-6290)
PASS -THROUGH COST 100% COVERED BY
APPLICANT PLAN CHECK FEES (103551-4310)
SUMMARY:
In order to meet the engineering plan check demand for private development projects in a timely manner, on -call plan check services provided by professional consultants who specialize in certain areas have been utilized to support City Staff in this effort. The City currently maintains a bench list of three (3) different consulting firms it calls upon to provide these services. The not -to - exceed dollar amount for one of the three firms, HR Green Pacific, Inc. (HR Green), is nearing the contract maximum.
The City currently maintains an on -call plan check professional services agreement with HR Green, for a not -to -exceed amount of $75,000. Based upon the volume of private development reviews HR Green are conducting, Staff is recommending that the City Council approve the proposed Amendment No. 1 increasing the not -to -exceed contract amount to $150,000. This action will provide sufficient contract spending authority necessary to provide on -call plan check services for private development projects. The cost to provide these services, including City overhead costs are covered by private developers via established plan check fees and deposits charged to all project applicants.
RECOMMENDATION
It is recommended that City Council take the following actions:
1. Approve Amendment No. 1 to Professional Services Agreement with HR Green, Inc. for an additional $75,000 for On -Call Plan Check Services for a cumulative contract not -to -exceed amount of $150,000; and
1.e.
Oct. 17, 2023
City Council Agenda
October 17, 2023
2. Authorize the City Administrator to approve contract change orders up to 10% of the contract not -to -exceed amount, or $150,000; and
3. Adopt Resolution No. R-2023-80, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2023-24 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and
4. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
There is no specific Strategic Plan Goal or Objective associated with this Council action.
DISCUSSION:
On July 6, 2021, the City Council approved an on -call professional services agreement with HR Green, along with several other firms to create a bench list to provide on -call private development plan check services. The scope of services includes reviews of various plans and reports such as:
• Rough/Precise Grading Plans
• Erosion Control Plans
• Water Quality Management Plans (WQMPs)
• Sewer Capacity Studies
• Hydrology and Hydraulics Reports
• Tentative Parcel/Tract Maps
• Lot Line Adjustments and Mergers
• Street Improvement Plans
• Storm Drain Plans
• Sanitary Sewer Plans
HR Green was selected from this bench list based upon their qualifications and experience on similar projects. They are currently providing the City with plan check services and their performance over the past several years has been excellent. HR Green have been responsive to the City's needs and have worked well with the various private teams developing projects in Placentia.
To continue facilitating private development reviews, Staff is recommending that the City Council approve the proposed Amendment No. 1 increasing the not -to -exceed contract amount to $150,000 to provide sufficient contractual spending authority necessary to continue providing on - call plan check services for private development projects. The cost of these services is paid in advance by project applicants and property developers.
City Council Agenda
October 17, 2023
FISCAL IMPACT:
The proposed contract not -to -exceed amount to provide plan check services for this project totals $150,000. Staff is recommending adoption of Resolution No. 2023-80 to appropriate additional plan check revenue from private development projects forecasted for the remainder of Fiscal Year (FY) 2023-24. With this recommended action, a total of $150,000 has been budgeted in the FY 2023-24 Operating Budget for this expense. As such, sufficient funds exist for the recommended actions.
Prepared by: Reviewed and approved:
Chris Tanio, P.E. Jennifer'Lampman
Deputy Director of Public Works/City Engineer Director of Finance Reviewed and approved: Reviewed and approved:
Luis Estevez Damien-F Arrula
Deputy City Administrator
City Administrator
Attachments:
1. Amendment No. 1 to Professional Services Agreement with HR Green Pacific, Inc.
2. Resolution No. 2023-80 - Budget Amendment
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF PROFESSIONAL SERVICES WITH
HR GREEN PACIFIC, INC.
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the October 17th 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and HR GREEN PACIFIC, INC., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. RECITALS:
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective July 6, 2021 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase the cumulative not -to - exceed amount by $150,000.00 for additional engineering plan check services. (iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:
2.1. Compensation. Consultant shall be paid in accordance with the fee scheduled set forth in Exhibit "A". Consultant's total compensation shall not exceed One Hundred Fifty Thousand, Dollars ($150,000) over the initial three-year term.
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Professional Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Tina York, PE, Director Damien R. Arrula, City Administrator ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
RESOLUTION NO. R-2023-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2023-24, Resolution No. R-2023-42, is hereby amended to adjust the following accounts as specified below:
Fund
Description
Department
GL Account
Amount
Type
General Fund
Department
Contract Services
Public Works
103551-6290
$75,000
Expense
General Fund
Engineering Fees
Public Works
100000-4310
$75,000
Revenue
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2023-80
PASSED, ADOPTED AND APPROVED THIS 17th DAY OF OCTOBER 2023.
Ward L. Smith, Mayor
ATTEST:
Robert McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 17th day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2023-80
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
FIRE MARSHAL
OCTOBER 17, 2023
RENEWAL OF PROFESSIONAL SERVICES AGREEMENT WITH DENNIS
GRUBB AND ASSOCIATES, A WILLDAN ENGINEERING COMPANY FOR FIRE
PLAN REVIEW SERVICES
EXPENSE: Up to $75,000 per year (up to $150,000 for two-year extension) Placentia Fire and Life Safety Department (PFLSD) Contractual Services account (103067-6290)
REVENUE: Expenses are 100% recovered via plan check and permit fees charged to the applicant.
On June 4, 2019, the City Council voted to establish the Placentia Fire and Life Safety Department (PFLSD). As a part of that decision, the City Council directed the City Administrator to take the necessary steps to implement the PFLSD, which includes taking steps to ensure that buildings within City limits are regularly inspected for fire safety.
On October 4, 2021, a Professional Services Agreement (PSA) was executed with Dennis Grubb and Associates, LLC (DGA) to provide the Placentia Fire and Life Safety Department with various fire prevention related services including but not limited to fire plan review, fire prevention inspections, and acting as the City's Fire Marshal. DGA began fire prevention services in January 2022, and due to the on -going need for fire plan review, PFLSD needs to renew the original contract with DGA (Attachment 1).
Currently, the existing contract is set to expire on October 26, 2023; however, the City has the option to extend the agreement for one (1) additional two-year term based upon contractor performance and at the discretion of the City. Staff recommends the City Council exercise the option to extend Dennis Grubb and Associates contract for the additional one (1) two-year term with an amended expiration date of October 26, 2025. Additionally, as part of proposed contract, Staff recommends increasing the yearly contract amount to $75,000 per year as compared to Fiscal Year (FY) 2021-22, based on inflation rates for services.
1.f.
Oct. 17, 2023
City Council Agenda
October 17, 2023
This proposed action will approve the contract extension of DGA's initial contract with a not -to - exceed contract amount of $75,000.00 per year for FY 2023-24 and FY 2024-25. The cumulative not -to -exceed contract amount is $150,000.00. The fiscal impact will be limited as the PFLSD has an updated Fire Fee Schedule and recovers fire inspection and permit fees.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the Professional Services Agreement with Dennis Grubb and Associates, a Willdan Engineering Company for Fire Plan Review Services for an additional one (1) two- year term contract not -to -exceed amount by $75,000.00 or $150,00.00 per year; and
2. Authorize the City Administrator to approve contract change orders up to 10% of the annual contract not -to -exceed amount or $15,000.00; and
3. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to Ensure that Public Safety Continues to be a High Priority, under Objective 2.8, which is to endeavor to maintain and improve Fire Department compliance.
DISCUSSION:
Fire plan review services are an integral part of a fire department. The State of California requires development projects to undergo a plan review and permit process as part of normal operations.
The PFLSD is not currently staffed to independently perform fire plan reviews without a consultant.
The proposed DGA contract is to serve the role of performing fire plan review and will include fire inspection services on an as -needed basis due to the hiring of a fire prevention specialist.
Currently, DGA is providing fire plan review services to the City. After review of the services provided during the contract period, Staff recommends that the City Council exercise the option to extend the terms of the agreement for an additional one (1) two-year term ending on October 26, 2025, for a total contract amount of $150,000.00 or $75,000.00 per contract year.
The City finds Dennis Grubb and Associates to be responsive, communicative, reliable, and professional. DGA has provided quality services and has done a good job of keeping a high - quality plan review process in place for PFLSD.
The contract scope of work for fire plan review services provides for the review of fire plans including suppression systems, alarm systems, sprinkler systems, and fire and life safety. The contractor will provide fire inspection services on an as -needed basis only. In addition, the contract scope of work will be revised to eliminate Contract Fire Marshal services due to having an in- house Fire Marshal.
City Council Agenda
October 17, 2023
FISCAL IMPACT:
The professional services agreement with DGA will extend the contract term for an additional two -years with a not -to -exceed amount of $150,000.00 or an annual expenditure of up to $75,000.00 for FY 2023-24 and $75,000.00 for FY 2024-25. The cost for these services is included in the Fire Department's FY 2023-24 Operating budget and will be included in the Proposed FY 2024-25 Operating Budget and are 100% recoverable through plan check and permit fees paid by the applicant. All other terms of the contract will remain unchanged.
Prepared by:
,- Reviewed and approved:
Amanda H.'rner :�'as n Dobine
Fire Marshal Fire ,hief
Reviewed and approved Reviewed and approved:
Jennifer Lampman Damien _ R. Arrula
Director of Finance City Administrator
Attachments:
1. Professional Services Agreement with Dennis Grubb and Associates, A Willdan Engineering Company
2. Revised 2023 Scope of Work and Fee Schedule
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
DENNIS GRUBB AND ASSOCIATES, LLC
THIS AGREEMENT is made and entered into this 17th day of October, 2023 (Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Dennis Grubb and Associates, A Willdan Engineering Company ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide fire plan check, and inspection services related to fire and life safety, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scooe of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 Dennis Grubb and Associates, A
Willdan Engineering Company
Rev. 10/2023
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Com pensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed One Hundred and Fifty Thousand Dollars ($150,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice_ Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable 3 Dennis Grubb and Associates, A
Willdan Engineering Company
Rev. 10/2023
control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 24 months, ending on October 17, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including 4 Dennis Grubb and Associates, A
Willdan Engineering Company
Rev. 10/2023
the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 Dennis Grubb and Associates, A
Willdan Engineering Company
Rev. 10/2023
Before execution of this Agreement by the City, the Consultant shall file with the Fire Chief/Fire Marshal the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Fire Chief/Fire Marshal before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any 6 Dennis Grubb and Associates, A
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canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
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6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Dennis Grubb and Associates, A
Willdan Engineering Company
6560 Van Buren Blvd., Ste. B
Riverside, CA 92503
Tel: (951) 772-0007
Attn: Dennis Grubb
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: (714) 993-8135
Fax: (714)961-0283
Attn: Fire Chief
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant 8 Dennis Grubb and Associates, A
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of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby 9 Dennis Grubb and Associates, A
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agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
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6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right 11 Dennis Grubb and Associates, A
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or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Date:
Damien Arrula, City Administrator
ATTEST:
Date:
City Clerk and ex -officio Clerk
of the City of Placentia
12 Dennis Grubb and Associates, A
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CONSULTANT
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Date:
J. Dobine, Fire Chief
DEPARTMENTAL APPROVAL
Date:
J. Dobine, Fire Chief
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EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 Dennis Grubb and Associates, A
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EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
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DENNIS GRUBB & ASSOCIATES
A Willdan Engineering Company
Fire Plan Review Services
Willdan Engineering presently provides fire plan review to a number of municipalities and jurisdictions throughout Southern, Central and Northern California. Willdan has gained a great deal of municipal insight and expertise in serving our extensive clientele over the years. We have performed fire plan review and inspection on projects ranging from single family residential additions to complex high rise towers (including hotels, casinos), arenas/stadiums, parking structures, medical facilities, and industrial centers.
Willdan's plans examiners are ICC certified fire plans examiners and/or certified fire marshals. In addition, our fire inspectors are all ICC certified fire inspectors.
Fire plans including suppression systems, alarm systems, sprinkler systems and fire -life safety, will be reviewed in accordance with:
• Current adopted California Fire Code (CFC)
Current adopted California Building Code (CBC) sections adopted by the California State Fire Marshal • Local amendments and policies related to the CFC and CBC • City code and standards
• Adopted National Fire Protection Standards
• California Health and Safety Code
Appropriate listings
Fire Inspection Services
Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.
Inspectors will review the permit package to verify that the on -site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable.
Inspectors will comply with the City's procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.
Willdan will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City's Building and Safety computer system.
We will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers, and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.
Methodology
■ Pick up and drop off plans at Placentia Fire Department or use a courier/mail service (within the stated turnaround time).
■ Verify plan compliance with adopted state & local codes/ordinances including updates. ■ Communicate corrections with applicant and Placentia Fire Department as directed. ■ Stamp plans in a manner as directed by the Placentia Fire Department. ■ Be available for phone calls or in -person meetings with Placentia Fire Department as needed.
Page I I.
DENNIS GRUBB & ASSOCIATES
A Willdan Engineering Company
■ Assist with adopting and administering the Fire Code as needed. ■ Conducting fire life safety inspections of new construction and annual inspections as needed. ■ Plan review to ensure compliance with all applicable codes. ■ Provide input to the Planning Department for new development and provide project specific conditions as applicable.
■ Review and provide response to Fire Code alternate means & methods/practical difficulty requests after consultation with the Fire Marshal.
■ Other duties as needed and agreed to between Dennis Grubb & Associate and the Placentia Fire Department.
Plan Turnaround Plan Review Times:
■ Initial review — 10 city business days from time of receipt ■ Resubmittals — 7 city business days from time of receipt Page I2
DENNIS GRUBB & ASSOCIATES
A Willdan Engineering Company
Fee Schedule
SERVICE TYPE
Plan Review
FD Access
Alarm System
Sprinkler System —TI
Sprinkler —TI with calculations
Sprinkler System — New
Additional Riser/Floor Control in Same Building
Underground
Fire Pump
Standpipe System
Engineered System (H&D, Clean Agent, etc) per System
Special System/ Process (HPS, AST, UST, Spray Booth etc.) ea Hazardous Material Disclosure
Development Review (CUP, Tract Map, Etc.)
Revision
Additional Reviews (Past 2nd
Expedite Plan Check (per submittal)
Time & Material (Hourly Rate)
Inspection
Inspections (4 hr. minimum)
Inspection Mileage (use of POV)
FEE
$405
$360
$325
$385
$535
$185
$520
$580
$275
$295
$420
$920
$405
$240
$240
$220
$130
$110
IRS Published Rate
Page I3
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE OCTOBER 17, 2023
APPROVAL OF PLANS & SPECIFICATIONS AND AWARD OF CONSTRUCTION
CONTRACT TO MONARKA DEVELOPMENT CORPORATION DBA EXPRESS
SIGN & NEON FOR THE WAYFINDING DIRECTIONAL SIGNAGE PROJECT PHASE IV, CITY PROJECT NO. 24104
EXPENSE: $ 304,355 CONSTRUCTION CONTRACT
$ 30,435 TOTAL CONTINGENCY AMOUNT
BUDGET: $ 500,000 FY 2023-24 CIP BUDGET (109800-6850, JL 24104-6740) On October 5, 2021, the City Council awarded a professional services agreement to Seibert Perkins Design (SPD) to develop a citywide wayfinding signage program. Wayfinding signs are designed to inform and direct motorists and pedestrians to key points of interest within the community. On November 15, 2022, SPD presented the design concepts of the Wayfinding Signage Program to the Council and was directed to complete the engineered construction and fabrication documents and technical specifications of the project.
The construction of the wayfinding program is divided into multiple phases based upon funding availability and the ability to incorporate the signage into larger projects. On September 19, the City Council awarded a contract to Square Signs LLC to construct the citywide directional wayfinding signs (Phase I of the Wayfinding Program). The City also solicited competitive bids for Phase IV of the project construction on August 24, 2023. A total of four (4) bids were received for this project and the lowest bid submitted was by Monarka Development Corporation (dba Express Sign & Neon) in the amount of $304,355.00. The City reviewed the bid received from Monarka and found it to be accurate and responsive. Staff recommends that the City Council award a Public Works Agreement to Monarka Development Corporation (dba Express Sign & Neon) to construct Phase IV of the Wayfinding Signage Program.
1.g.
Oct. 17, 2023
City Council Agenda
October 17, 2023
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Approve the engineered construction plans & specifications prepared by Seibert Perkins Design, and approve a Public Works Agreement for this project with Monarka Development Corporation (dba Express Sign & Neon) in the amount of $304,355; and
2. Reject all other bids received and authorize return of the bid bonds; and
3. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $30,435 for a total construction contract not -to -exceed amount of $334,790; and
4. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This item conforms to Strategic Plan Goal 6 and Objective 6.2, Select Concepts and Install Citywide Wayfinding Signage.
DISCUSSION:
Wayfinding signage at key locations throughout a community helps to create unique community branding when announcing a motorist's or pedestrian's arrival at key destinations. Effective community wayfinding signage is a key component to economic development efforts and placemaking and conveys a higher degree of a community's sophistication and investment in its local infrastructure. The wayfinding signs will need to be designed such that the required information is presented in an attractive, creative, and master planned format that does not distract drivers from other roadway signage, while reflecting the City's unique character and features.
On October 5, 2021, the City Council awarded a professional services agreement to Seibert Perkins Design (SPD) to develop the Citywide Wayfinding Signage Master Plan along with a Plans, Specifications, & Estimates ("PS&E") package for the fabrication and installation of the wayfinding signs. On November 15, 2022, the City Council approved the Citywide, Transit Oriented/Packinghouse District and Old Town Placentia wayfinding signage designs. The proposed wayfinding program will be implemented over multiple phases based upon funding availability and the ability to incorporate the signage into larger projects. Subsequent to the completion of the project design approved by the City Council, the City solicited competitive bids for the construction of Phase 1A on July 24, 2023, and awarded the contract to Square Signs LLC on September 19, 2023.
City Council Agenda
October 17, 2023
On August 24, 2023, the City also solicited competitive bids for the construction of Phase IV to fabricate and install new overhead street name signs at signalized intersections throughout the city. The following four (4) bids were received on September 18, 2023:
BIDDER
BID AMOUNT
1 Monarka Development Corporation
$304,355.00
2 Yunex LLC
$391,330.00
3 Square Signs LLC
$416,053.93
4 Sterndahl Enterprises LLC
$870,550.00
The bid submitted by Monarka Development Corporation (Monarka) was found to be the lowest responsive and responsible bid for this project. Reference checks for Monarka were conducted and those agencies surveyed provided positive feedback regarding Monarka's quality of work and its responsiveness in resolving construction issues. Staff recommends awarding a construction contract to Monarka Development Corportation for Phase IV of the Citywide Wayfinding Signage Project.
FISCAL IMPACT:
The total construction cost for Phase IV of the project amounts to $334,790. This cost consists of the bid amount submitted by Monarka in the amount of $304,355, and a construction contingency in the amount of $30,435. A total of $500,000 is available in the FY 2023-24 Capital Improvement Program for this project. As such, sufficient funds exist for the recommended actions.
Prepared by:
Kyra Tao, P.E., PTP
Transportation Manager
Reviewed and approved:
Luis Estevez
Deputy City Administrator
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachment:
Public Works Agreement with Monarka Development Corporation dba Express Sign & Neon.
Project No. 24104
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
MONARKA DEVELOPMENT CORPORATION dba EXPRESS SIGN & NEON THIS AGREEMENT (herein "Agreement"), is made and entered into this 17TH day of October, 2023 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and Monarka Development Corporation DBA Express Sign & Neon. (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of Mast Arm -Mounted Street Name Signs as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean Monarka Development dba Express Sign & Neon, a (California corporation, partnership, individual) located at 2327 Southwest Drive, Los Angeles, CA 90043. (b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
1 Project No. 24104
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."
2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall 2 Project No. 24104
immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.
In the event Contractor fails to perform in accordance with the above standard:
1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved. Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re - perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement. 3 Project No. 24104
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section 3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum may be approved by the Contract Officer. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding $40,000 must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5. Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced.
Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Three Hundred Four Thousand Three Hundred -Fifty Five Dollars ($ 304,355) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the 4 Project No. 24104
contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Maeure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than October 17, 2024, unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Edgar Aceituno, Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be 5 Project No. 24104
replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assicnment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performinc Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 6 Project No. 24104
5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c)
That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract.
Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870. 7 Project No. 24104
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.
The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above.
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D", and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged 8 Project No. 24104
to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City.
(d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
9 Project No. 24104
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 10 Project No. 24104
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
8.0 GENERAL PROVISIONS
8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long 11 Project No. 24104
as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.
8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.6 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Liquidated Damaces. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 12 Project No. 24104
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City:
To Contractor:
City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn.: Kyra Tao, Transportation Manager
Monarka Development dba Express Sign & Neon
2327 Southwest Drive
Los Angeles, CA 90043
Attn: Edgar Aceituno, Project Manager
8.11 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this 13 Project No. 24104
Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.15 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a) Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
(b) E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov , or access the registration page at https://e-verify.uscis.gov/enroll . Contractor shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 14 Project No. 24104
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8.19 PERS Elicibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.
8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor 15 Project No. 24104
shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.
8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or 16 Project No. 24104
accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.
8.31 Entire Acreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
17 Project No. 24104
APPROVED AS TO FORM:
CONTRACTOR, Express Sign & Neon (Edgar Aceituno)
fidera t .o
Signature
Edgar Aceituno
Name and Title
87-3903346
Social Security or Taxpayer ID Number
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
C `"V.l` v r v
Kyra Tao, Transportation Manager
DEPARTMENTAL APPROVAL
bAuS f S{tJj
Luis Estevez, Deputy City Administrator
18 Date:
Date:
Date:
Date:
Date:
9/26/2023
9/26/2023
9/26/2023
Project No. 24104
(Use of City Bond Form is Required)
LABOR AND MATERIAL PAYMENT BOND
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, , as Principal, has
entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit:
and all appurtenant work in accordance with PROJECT NO. , which requires Principal to file this bond to secure claims made in relation to the project.
NOW THEREFORE, we, , as Principal,
and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
Dollars ($ .00), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under
Project No. 24104
any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Principal
By
Title
APPROVED AS TO FORM:
Is/ Christian L. Bettenhausen
City Attorney
Project No. 24104
(Use of City form is required)
SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
Business Address:
Telephone Number:
Date:
Print Name:
Principal
Signature:
Title
Project No. 24104
(Use of City form
is required)
TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.
You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.
If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:
CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman
Placentia, CA 92870
Exempt: Yes No Telephone
CORPORATION:
U.S.A. OR ANY AGENCIES THEREOF:
IRS CODE #501 TAX-EXEMPT ORGANIZATION:
A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:
SOLE PROPRIETOR:
A PARTNERSHIP:
OTHER: (Explain)
Signature/Title: Date:
Project No. 24104
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO.
As a material inducement to the City to award the contract for Project No. to
, the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: ("the work").
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.
Guarantor Date:
Contractor: By:
Title:
Project No. 24104
STATEMENT OF NON COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years. j. That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:
On at California.
Firm
Street
City State Zip
(Signature)
(Print Name & Title)
Project No. 24104
EXHIBIT A
SCOPE OF SERVICES
Project No. 24104
EXHIBIT B
SCHEDULE OF PERFORMANCE
Project No. 24104
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all of its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.
CITY reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.
A. Workers Compensation & Employers Liability Insurance • Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence Of Coverage:
1. Subrogation waiver endorsement; and
2. Properly completed Certificate of Insurance.
B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent.
• Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The
Project No. 24104
General Aggregate shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. R the deductible or self -insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a
Project No. 24104
subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
• Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance; and
4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.
C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an insured.
• Required Evidence of Coverage:
1. Copy of the endorsement or policy language indicating that CITY is an insured; and
2. Properly completed Certificate of Insurance.
D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
Project No. 24104
• CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.
Additional insured status shall continue for one (1) year after completion of the work.
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non- contributory;
3. Properly completed Certificate of Insurance.
E. Surety Bonds
• Bid bond.
• Performance and payment bonds for the entire contract price. • The surety must be authorized to issue these bonds in the State of California.
F. Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
Project No. 24104
G. Documentation
• The Certificate of Insurance shall include the following reference: Monarka Development Corporation DBA Express Sign and Neon.
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self -insured retention is increased.
• Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.
Project No. 24104
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
Project No. 24104
EXHIBIT E
CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement, Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate, but cannot otherwise waive these claim procedures.
SECTION C
PROPOSAL
for the
MAST ARM -MOUNTED STREET NAME SIGNS
in the
CITY OF PLACENTIA
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF PLACENTIA:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Scope of Work as described on the Bid Documents and depicted in Appendix 1. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of PLACENTIA, and to enter into a contract at the following prices. The undersigned agrees to complete the work within ninety (90) working days, starting from the date of the Notice to Proceed or liquidated damages of $1,000 per day will be applied.
BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the lump sum price set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the mariner and time prescribed will result in forfeiture to CITY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES TI IE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of ninety days from the bid opening date. If at such time the contract is not awarded, the CITY will reject all bids and will re -advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 30 days after the date of the CITY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the CITY and this bid and the acceptance hereof may, at the CITY'S option, be considered null and void.
Accompanying this PDF proposal of bid, find Bid Bond in the amount of $30,435.50 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the CITY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).
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Bidder shall signify receipt of all Addenda here, if any:
Addenda No.
01 Date Received
09/11/2023
Bidder's Signature
Bid Bond 2,48/0.00
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MAST ARM -MOUNTED STREET NAME SIGNS
BID SCHEDULE
ITEM
NO,
ITEMS DESCRIPTION
QUANTITY
UNIT
TOTAL
1 Mobilization
1 LS
$ 8,000.00
2 Traffic Control
1 LS
$ 12,000.00
3. Fabricate and install mast arm -mounted
street name sign and support hardware,
disconnect electricity from existing
sign and remove existing sign
213
EA
$ 1,335.00
Signs designated for removal shall be salvaged and delivered to the AGENCY Yard; Frames and electrical components of existing IISNS shall be disposed per City's direction.
TOTAL BID PRICE WRITTEN IN FIGURES: S 304,355.00
TOTAL BID PRICE WRITTEN IN WORDS: Three Hundred and Four Thousand, Three Hundred and Thirty Five.
Monarka Development Corporation
BIDDER'S NAME AND ADDRESS: DBA Express Sign & Neon
2327 Southwest Dr.
Los Ange
es. CA90043
Bid Bond
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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Monarka Development Corporation DBA Express Sign & Neon Bidder Name
2327 Southwest Dr.
Business Address
Los Angeles
CA 90043
City,
323 ) 291-3333
Telephone Number
1095798, C-45
State Zip
State Contractor's License No. and Class
08/25/2022
Original Date Issued
08/31/2024
Expiration Date
Edgar Aceituno
The work site was inspected by
of our office on September 14th , 2023.
The following are persons, firms, and corporations having a principal interest in this proposal:
Monarka Development Corporation
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The undersigned is prepared to satisfy the Council of the City of PLACENTIA of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.
Monarka Development Corporation DBA Express Sign & Neon Company Name
Signat c of Bidder
Edgar Aceituno
Printed or Typed Signature
Subscribed and sworn t efore me this f I day of AUGUST , 2023.
NOTARY PUBLIC
Ctilohlt
NOTARY SEAL
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California Jurat Certificate
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
L -Ds neIe
J
Subscribed and sworn to (or affirmed) before me on this ( \ day of S.S.
2023 , by Eajacs
ce."\---i-u\r)o
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
COWL.2320932
FORMA
LOS NOTARY
Term, • Feb. 9.2024
OPTIONAL INFORMA TI0N
Although the information in this section is not requrred by /atv. it could prevent fraudulent removal and reattachment of this jurat to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document
The certificate is attached to a document titled/for the purpose of containing
pages, and dated
Method of Affiant Identification
Proved to me on the basis of satisfactory evidence:
O form(s) of Identification O credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Affant(s) Thumbprint(s) ❑ Describe:
201 q rlotdry Learning Ceut.:.r - All P.Ighte Rescrved
You can purr:h,1se cop,o3 of !his form from OW web Tho°Not[trysStorer corn Scanned with CamScanner
Listed below are the names, address and telephone numbers for three references, public or private, for which the bidder has performed similar work within the past two years:
l City of Rancho Palos Verdes - 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 Name and Address of Public Agency
2. Name and Telephone No. of Project Manager:
Daniel Trautner (310)544-5264
$307,790.00 City Entrance Signs & Park Identification 11/2022 Contract Amount
Type of Work Date Completed
County of Los Angeles Public Works - 900 S Fremont Ave Alhambra, CA 91803 Name and Address of Public Agency
Name and Telephone No. of Project Manager: Ali Dana (626) 458-3110 $493,159.36
Metro Line Wayfinding Signage 01/2021
Contract Amount
Type of Work Date Completed
3. Antelope Valley College - 3041 W Ave K, Lancaster, CA 93536 Name and Address of Public Agency
Name and Telephone No. of Project Manager:
$624,000.00
Jeff Carter (909)476-0590
Wayfinding Signage, Parking & Building Identification 05/2021 Contract Amount
Type of Work Date Completed
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• LIST OF SUBCONTRACTORS
In accordance with Public Contract Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.
Portion
of {Work
Name and Address of Subcontractor
Stale License
Number
Class
N/A
N/A
By submission of this proposal, the Bidder certifies that he is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
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NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Edgar Aceituno , being first duly sworn, deposes and says that he or she is CEO of Monarka Development Corporation the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Monarka Development Corporation
DBA Express Sign & Neon
Name of Bidder
Signdture of Bidder
2327 Southwest Dr. Los Angeles, CA 90043
Address of Bidder
Subscribed and swom to fore me this I ( day of Avfv)T , 2023.
NOTARY PUBLIC
See. GfiacIt e.
NOTARY SEAL
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gal 11tLJL
1 J
,LL1L11 U. 41_1e U
ll
11 JI I CJ 11 1 11 Jf ' 1L' J• L\l I
California Jurat Certificate
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California++
County of LOS fl \es
Subscribed and sworn to (or affirmed) before me on this 1 `A'k day of 202 , by c1( -'`c.
n
S.S.
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
~ CHRIS GR0GAN
COMM.-2320932
NOTARY PUBtC.CA[ FORlt!W -{
LOS A COUNTY Am Exp. F. . B. 2024
OPTIONAL INFORMATION
Although the information in this section is no! required by fam it could prevent fraudulent removal and reattact,ment of this jurat to an unauthorized document and may p,ove useful to persons relying on the attachec! document Description of Attached Document
The certificate is attached to a document titled/for the purpose of containing
pages, and dated
Method of Affiant Identification
Proved to me on the basis of satisfactory evidence:
O form(s) of identification O credible witness(es)
Notarial event is detailed in notary joumal on:
Page # Entry #
Notary contact:
Other
® Affiant(s) Thumbprint(s) ❑ Describe:
Jf fl
201z! Nolanr Leamuvl Center • All Rights Reserved
You can purchase copies of this form (ion our web site a( tvn e" Th NotaiysSlore.con Scanned with CamScanner
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF PLACENTIA, CALIFORNIA
The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as MAST ARM -MOUNTED STREET NAME SIGNS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein.
Monarka Development Corporation
DBA Express Sign & Neon
Contractor
Edgar Aceituno tut
By
CEO
Title
Date: 09/18/2023
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WORKERS COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Codc, each contractor to whom a public works contract has been awarded shall sign the following certificate,
1 am aware of the provisions of Section 3700 of the Labor Codc which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Monarka Development Corporation
DBA Express Sign & Neon
Contractor
Edgar Aceituno atcliet lL�
By
CEO
Title
Date: 09/18/2023
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DESIGN ENGINEER MAY NOT BID ON
CONSTRUCTION CONTRACT
No engineering or architectural firm which has provided design services for a project shall be eligible to bid on the contract to construct the project. The firms ineligible to bid include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons(s), through joint ownership or otherwise.
ACKNOWLEDGED this 18th day of September , 2023 at
Los Angeles, CA 90043
Autl(}jrized Signature
CEO
Position
Monarka Development Corporation
DBA Express Sign & Neon
Company
Bid Bond
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NOTICE OF AFFIRMATIVE ACTION
By submitting a proposal on any job or entering into any contractual agreement with the City of Placentia, the undersigned agrees not to discriminate in employment decisions against any person on account of race, creed, national origin, ethnic background, color, sex, age, or handicap in performing the work required under this proposal.
ACKNOWLEDGED this 18th day of September , 2023, at
165644
Auth ized Signature
CEO
Position
Monarka Development Corporation
DBA Express Sign & Neon
Company
Los Angeles, CA
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EXHIBIT B
SCHEDULE OF PERFORMANCE
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Majeure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than October 17, 2024, unless the parties mutually agree in writing to extend the term.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
EdgarAceituno, Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II , or Class II I disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section
2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
ACGRb®
46...... ----- CERTIFICATE OF LIABILITY INSURANCE
DATE (MMID❑/YYYY)
09/27/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Charmjoun Insurance & Financial Services
6131 Oran ethor e Ave., Suite 250
9 P
Buena Park CA 90620
CONTACT
NAME: Charmjoun Insurance
(A/cNl No. Ext): (562) 475-0110 FAX No): (562) 475-0113 E-MAIL info charm'oun.com
ADDRESS: � �
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: STATE NATIONAL INSURANCE COMPANY, INC.
12831
INSURED
Monarka Development Corporation
Dba Express Sign & Neon
2327 Southwest Dr.
Los Angeles CA 90043
INSURER B : AMGUARD INS CO
42390
INSURER c : EVANSTON INS CO
35378
INSURER D : CLEAR SPRING PROPERTY AND CASUALTY COI
15563
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
I
NSD
S
WVD
POLICY NUMBER
POLICY EFF
(MMIDDlYYYY)
POLICY EXP
{MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
NXTPWJVY37-01-GL
10/01/2023
10/01/2024
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE
TO PREMISES (RENTED
Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 15,000
PERSONAL&ADVINJURY
$ 1,000,000
GEN'L
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO-
JECT
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE
XHIRED
LIABILITY
ANY AUTO
OWNED
X
\/
/\
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
Y
MOAU443016
10/01/2023
10/01/2024
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
C
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
EZXS3092656
10/01/2023
10/01/2024
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
DED
RETENTION $
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YI N
Y
N / A
CWC01029901
08/01/2023
08/01/2024
X
STATUTE
0TH
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
C
Contractor's Pollution Liability
Professional Liability
CPLMOL117114
05/09/2023
05/09/2024
Occurrence/Each Act
General Aggregate
$2,000,000
$2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
CERTIFICATE HOLDER
City of Placentia
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: NXTPWJVY37-01-GL COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- OWNERS, LESSEES OR
CONTRACTORS - (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
THE INSURANCE AFFORDED BY THIS POLICY FOR THE ADDITIONAL INSURED(S) IS PRIMARY
INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY OR AVAILABLE TO THE ADDITIONAL
INSURED(S) IS NON-CONTRIBUTING
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984
POLICY NUMBER: MOAU443016
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement is effective on the inception date of the policy unless another date is indicated below.
SECTION II- LIABILITY COVERAGE, 1. WHO IS AN INSURED is amended to include as an "insured.' the persona(s) or organization(s) named in the Schedule below. but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. You are authorized to act for the additional insured named in the Schedule in all matters pertaining to this insurance.
SCHEDULE
Name of Person(s) or Organization(s):
The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
A11 other terms and conditions of this Policy remain unchanged.
CA 20 48 02 99
Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑
POLICY NUMBER: CPLMOL117114 CONTRACTORS POLLUTION LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.
CG 2010 10 01 © ISO Properties, Inc., 2000
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement
Insured
Monarka Development Corporation
Effective Policy No. CWC01029901
Insurance Company Countersigned by
Clear Spring Property and Casualty Company
WC 00 03 13
(Ed. 4-84)
I I i983 N:uiunal (:rnnuil nn ( mnpCIUMItimn Insurance.
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE DATE: OCTOBER 17, 2023
SUBJECT: AWARD OF CONTRACT TO GOLDEN BELL PRODUCTS, INC. FOR SEWER
MANHOLE MAINTENANCE SERVICES
FISCAL EXPENSE: $22,800 ANNUAL CONTRACT AMOUNT
IMPACT: BUDGETED: $22,800 FY 23-24 SEWER MAINTENANCE FUND (484356-6120) SUMMARY:
This proposed agreement provides for sewer manhole maintenance services for the 1,800 sewer manholes located throughout the City. The scope of work for this contract includes debris removal, cleaning, and pesticide treatment of the City's inventory of sewer manholes throughout a two-year period. Staff recently solicited a proposal from Golden Bell Products, Inc (Golden Bell), who is a licensed contractor having sole -source licensing for application of INSECTA, a product utilized for specifically treating sewer manholes. This action will award a three-year agreement with a potential two (2) year term extension to Golden Bell an annual not -to -exceed amount of $22,800 and a cumulative three-year contract not -to -exceed amount of $68,400.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve a Maintenance Services Agreement with Golden Bell Products, Inc. for Sewer Manhole Maintenance Services in an amount not -to -exceed $22,800 per year for an initial three (3) year contract term with the option to extend for an additional two-year term; and
2. Authorize the City Administrator to approve contract change orders up to 10% of the annual contract not -to -exceed amount per year; and
3. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney; and
4. Authorize the City Administrator to approve the eligible contract term extension for one additional two-year term based upon contractor performance and at the discretion of the City.
1.h.
Oct. 17, 2023
City Council Agenda
October 17, 2023
STRATEGIC PLAN STATEMENT:
There is no specific City Council adopted 5 -Year Strategic Goal or objective related to this agenda item.
DISCUSSION:
The City owns and maintains 1,800 sewer manholes located throughout the City's sanitary sewer system. Insects are known to inhabit sewer collection systems and can often make their way to the surface causing nuisance, health, and other sanitary problems above ground. Routine spraying of pesticides within the walls of manholes can minimize and/or eliminate insect infestation. Staff has observed an increase in the cockroach population in the City's sanitary sewer system over the last several years. Insect activity is detected during routine sewer line cleaning and in response to resident complaints. A proven method for the control and elimination of cockroaches in sewer systems is through the application of a pesticide known as INSECTA.
INSECTA is an Environmental Protection Agency approved chemical manufactured by JABco and is the only spray -on insecticidal latex coating product registered for use in sewer systems.
The product is applied to the top seven (7) feet of the interior wall of a sewer manhole shaft and when a cockroach comes into contact with INSECTA, it will die within a 48 -hour period. JABco has granted sole distribution and application licensing to Golden BeII in California since 1997.
Golden BeII contracts with 120 agencies throughout California for these services. To verify the validity of their product's effectiveness, Staff followed up with reference checks from the Cities of Anaheim, Bellflower, Orange, and the Orange County Sanitation District. Golden BeII received favorable reviews from these local agencies. The contract scope of work will provide for cleaning, debris removal, and pesticide spraying of the sewer manholes. The contractor will spray 950 manholes in year one followed by the remaining 850 manholes in year two. Golden BeII will provide a warranty of the pesticide spraying for up to 18 months including retreating areas at no charge to the City.
Per Placentia Municipal Code Section 3.08.070, the City is allowed to procure goods or services outside the formal bid process, when the commodity can be obtained from only one (1) vendor.
Based upon the sole -source licensing of a pesticide specifically utilized to treat sewer manholes and reference checks, Staff recommends the City Council award an agreement to Golden Bell to provide these services.
FISCAL IMPACT:
The agreement with Golden Bell is for an annual not -to -exceed amount of $22,800, the term of the agreement is three (3) years for a cumulative three-year not -to -exceed contract amount of $68,400 with the option to extend for one (1) additional two-year term based upon contractor performance and at the discretion of the City. The cost for these services was included in the Fiscal Year 2023-24 Sewer Maintenance Fund Budget. If the contract is approved, Golden Bell will provide these services beginning in October 2023.
City Council Agenda
October 17, 2023
Prepared by:
boa (,rb Ls
Joel Cardenas
Public Works Superintendent
Reviewed and approved:
Luis Estevez
Deputy City Administrator
Reviewed and approved:
2.*
Jennifer Lampman
Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachment:
Maintenance Services Agreement with Golden Bell Products, Inc.
CITY OF PLACENTIA
MAINTENANCE SERVICES AGREEMENT
WITH
GOLDEN BELL PRODUCTS, INC.
THIS AGREEMENT is made and entered into this 17th day of October 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and GOLDEN BELL PRODUCTS, INC., a California corporation ("Contractor").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Contractor as an independent contractor to provide manhole maintenance services as more fully described herein; and B. WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Contractor desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described in Contractor's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the
matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Contractor shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Contractor may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and 2 Golden Bell Products, Inc.
Rev. 06/2018
employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit "A." Contractor's total compensation shall not exceed Twenty -Two Thousand, Eight Hundred Dollars ($ 22,800.00) per year or a cumulative amount of Sixty -Eight Thousand, Four Hundred Dollars ($68,400.00) over the initial three-year contract term.
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Contractor's standard hourly rates shall be paid to the Contractor for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts 3 Golden Bell Products, Inc.
Rev. 06/2018
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on October 17, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The contract may also be extended for one additional two-year term based on the City's discretion and contractor performance.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Contractor, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Contractor for 4 Golden Bell Products, Inc.
Rev. 06/2018
reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Contractor maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Contractor.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Contractor. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
5 Golden Bell Products, Inc.
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Before execution of this Agreement by the City, the Contractor shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Contractor under this Agreement are adequate to protect Contractor. If Contractor believes that any such insurance coverage is insufficient, Contractor shall provide, at its own expense, such additional insurance as Contractor deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor."
(b) Notice: "Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor's sole cost and expense." (c) Other insurance: "The Contractor's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
6 Golden Bell Products, Inc.
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(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. It shall be the Contractor's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Contractor shall designate a Project Manager who shall represent it and be its 7 Golden Bell Products, Inc.
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agent in all consultations with City during the term of this Agreement and who shall not be changed by Contractor without the express written approval by the City. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR:
Golden Bell Products, Inc.
952 N. Batavia Street
Orange, CA 92867
Tel: 714-363-3985
Attn: Michelle Webster
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8148M
Attn: Joel Cardenas
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Contractor agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or 8 Golden Bell Products, Inc.
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suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. 9 Golden Bell Products, Inc.
Rev. 06/2018
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor.
Contractor shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Contractor will not employ any regular employee of City 10 Golden Bell Products, Inc.
Rev. 06/2018
while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:
This Agreement, the City's Request for Proposals, the Contractor's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall 11 Golden Bell Products, Inc.
Rev. 06/2018
constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. 12 Golden Bell Products, Inc.
Rev. 06/2018
CITY OF PLACENTIA,
A municipal corporation
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
CONTRACTOR
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Krystle Murillo, Risk Management
APPROVED AS TO CONTENT:
Date:
Joel Cardenas, Superintendent
DEPARTMENTAL APPROVAL:
Date:
Luis Estevez, Deputy City Administrator
13 Golden Bell Products, Inc.
Rev. 06/2018
EXHIBIT A
CONTRACTOR'S PROPOSAL AND SCOPE OF WORK
14 Golden Bell Products, Inc.
Rev. 06/2018
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Golden Bell Products, Inc.
Rev. 06/2018
GOBELLLDEN
PRODUCTS, INC.
952 N Batavia Street, Orange, CA 92867 - Phone (714) 363-3985 / Fax (714) 997-4807 www.goldenbellproducts.com
Thursday, October 12, 2023
City of Placentia
Saul Nungaray
401 E Chapman Ave
Placentia, CA 92870
Dear Saul,
Golden Bell Products to provide all labor, material and supplies required to coat sanitary sewer manholes with INSECTA, insecticidal latex coating for sewer roach control.
SCOPE OF WORK
Golden Bell Products to perform the following items:
• Apply INSECTA, an approved product for sewer roach control application in sanitary manholes. • Treat to depth of seven (7) feet or less, with an approximate area of 100 square feet per manhole. • Will prepare and treat according to manufacturer's specifications for preparation instructions. • Apply coating based on the manufacturers recommended label rates, five (5) manholes per gallon, not to exceed three (3) pints per manhole.
• Remove existing sewer manhole covers, scrape clean the inside of the cover area, spray Insecta, reseat the cover and mark the reinstalled cover with a painted white mark extending from the manhole cover to the adjoining pavement, indicating that the cover has been reseated properly and firmly. Liability for damage caused by covers that have been reinstalled and marked is limited to 24 hours. Covers that are damaged or will not be reseated properly will be immediately reported to the customer. Customer assumes all liability for damages caused by covers that fail to properly reseat.
• Mark each manhole cover with an identifying white mark after being treated. • Provide proper supervision at the job site during all phases of work. • Be responsible for coordinating the work to be done. Work will take place in accessible alleys, parking lots, and streets.
• Guarantee the application for eighteen (18) months from the date of treatment. If more than 50 living roaches are found in a manhole during the warranty period, the manhole must then be retreated by Golden Bell Products at no additional charge or obligation to Customer. Golden Bell Products will retreat any manhole which inspections with photographs report live roaches within sixty (60) calendar days after notification; providing more than 50 live roaches are found inside the manhole during two inspections occurring two days apart. *
• Will report number of manholes treated when submitting billing invoices. Golden Bell Products will indicate in writing on each paper quarter section map, the number of manholes treated, applicators name initials with the date of completion. This will serve as the record of application for the necessary Agencies and warranty information.
• Customer will supply paper quarter section maps indicating exact locations of street names, manholes to be treated and smart cover locations. Golden Bell Products will not be responsible for any damage to unidentified smart covers.
♦ Customer will make accessible all designated manholes to be treated prior to crew's arrival. If not drive up accessible by service truck Golden Bell Products will notify Customer manhole cannot be treated. Any bolted manholes need to be unbolted and accessible.
♦ Customer will provide inspection and assistance where necessary. ♦ No more than 90 calendar days will elapse between date of notice to proceed and completion of the application.
A reasonable time for potentially unfavorable weather will be mutually agreed upon by Customer and Golden Bell Products
♦ Requirements may be added or deleted from the above Scope of Work; however, these must be agreed upon by both parties prior to the commencement of work.
♦ The cost of additional permits and/or licenses, other than those already required by the state, required within city limits to perform work within that city will be assumed by the Customer.
Golden Bell Products will supply all appropriate insurance coverage required by the state licensing agencies to apply roach control product to sewer manholes; if any additional insurance is required and available at additional costs those costs will be assumed by the Customer.
Special Note: Some assistance with traffic control in heavily traveled areas may be required. *NOTE: The Insecticidal -latex coating is not a repellent and therefore, will not repel roaches. They must rest on it to eliminate them! Insecta is not a spot treatment product: for warranty to be in effect and for the best results all manholes must be treated in the same area of the sewer system! Pricing per Manhole Application costs:
For less than 1000 Manholes is $26.00 ea.
For more than 1000 Manholes is $24.00 ea.
Special 2 -year pricing for treating the entire City of Placentia ($43,200.00) Year 1: Pricing for 950 manholes at $24.00 per manhole is $22,800.00.
Year 2: Pricing for 850 manholes at $24.00 per manhole is $20,400.00. (This is a service — No Sales Tax)
There is a 150 -manhole minimum for all jobs.
This service proposal is good through June 30, 2024. Thank you for this opportunity. If you have any questions, please contact Michelle Webster at 714/363-3985.
Sincerely,
Michelle Webster
Vice President
ACORD CERTIFICATE OF LIABILITY INSURANCE
L.-----
DATE(MM/DD/YYYY)
09/12/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER -
CONTACT - -
Van Beurden Ins. Serv, Inc. - Kingsburg
NAME: Recia Shelton
PO Box 67
PHOONNE FAX
(A/C, No, Ext): (559) 897-2975 j.gr�C, No): (559) 897-4070 E-MAIL
Kingsburg CA 93631
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC
INSURER A: Evanston Insurance Company
35378
INSURED (714) 630-3861
Golden Bell Products, Inc.
INSURERS:
INSURER C :
P.O. Box 366
INSURER D :
Atwood CA 92811
INSURERE:
INSURER F :
CERTIFICATE NUMBER:
-- l III IOIULR.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS -
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I
INSR
LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
MD
POLICY NUMBER
POLICY EFF POLICY EXP
(MM/OD/YYYY) (MM/DD/YYYY)
LIMITS
A X COMMERCIAL GENERAL LIABILITY
MKLV5ENV103733
10/25/2022
10/25/2023
EACH OCCURRENCE
$ 1,000,000
i I �I CLAIMS -MADE
X
OCCUR
DAMAGE Eaocc occurrence)
PREMISES Ea occurrence)
$ 50,000
r-- (
1 X . Incid. Prof . Services
MED EXP (Any one person)
$ 5,000
X $10,000 SIR
PERSONAL & ADV INJURY
$ 1,000,000
I GEN'L
L--
X
AGGREGATE LIMIT APPLIES
• PRO -
POLICY I JECT
OTHER:
PER:
I LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
AUTOMOBILE
_
I 1
i
i
F—�
LIABILITY
ANY AUTO
ALL OWNED I
AUTOS
HIRED AUTOS
I
' SCHEDULED
COMBINED SINGLE LIMIT
(Ea accident)__
$
I BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
A
X
UMBRELLALIAB
EXCESS LIAR
X
OCCUR
CLAIMS -MADE
MKLV5EFX101007
10/25/2022
10/25/2023
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
DED ! X I RETENT ON $ 10,000
$
'
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y 1 N
N I A
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
A
A
Cont. Pollution Liab.
Environ. Impairment Liab.
MKLV5ENV103733
MKLV5ENV103733
10/25/2022110/25/2023$25,000
10/25/2022'10/25/2023$25,000
SIR $2M Agg/1M Oc
SIR $2M Agg/1M Oc
DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Placentia, its elected and appointed boards, officers, officials, agents, employees, and volunteers are named as additional insured as respect to General Liability per the attached form(s)only when required by written contract.
City of Placentia
401 E, Chapman
Placentia CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
&' L
ACORD 25 (2014/01)
1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: MKLV5ENV103733 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
As required by written contract
N/A
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section H — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
CG 20 10 04 13
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional 'insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
© Insurance Services Office, Inc., 2012 Page 1 of 2
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CG 20 10 04 13
© Insurance Services Office, Inc., 2012 Page 2 of 2
POLICY NUMBER: MKLV5ENV103733 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
As required by written contract signed by both parties
and executed prior to commencement of operations.
N/A
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section H — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 37 04 13
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
© Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: MKLV5ENV103733 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
As required by written contract executed by both parties prior to loss.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09
© Insurance Services Office, Inc., 2008 Page 1 of 1
POLICY NUMBER: MKLV5ENV103733
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
PRIMARY AND NONCONTRIBUTORY -- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured,
© Insurance Services Office, inc., 2012 Page 1 of 1
----""""*$
ACCORD• CERTIFICATE OF LIABILITY INSURANCE
4i....._-- 10/02/2022
DATE (MM/DD/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CalCoast Insurance Agency
P.O. Box 1070
Los Alamitos, CA. 90720
CONTACT NAME: MARK FITZGERALD
PAHONN Fat .562/59819701 FAX
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : MERCURY CASUALTY
INSURED
Golden Bell Products Inc.
PO BOX 366
ATWOOD CA 92811
INSURER B: STATE COMPENSATION INSURANCE FUND
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
W LIMITS
VD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
CLAIMS -MADE
OCCUR
DAMAGE TO RENTED
PRFMISFS (Fa occurrence)
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GEN'L
AGGREGATE
LIMIT APPLIES
PRO-
JECT
PER:
LOC
GENERAL AGGREGATE
$
PRODUCTS - COMP/OP AGG
$
$
AUTOMOBILE
X
_
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
_
X'
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
Y
BA040000047332
10/14/2022
10/14/2023
CO aBINEDccident) SINGLE LIMIT
(EaA
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENTION $
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDANY ED? ECUTIVE
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
Y
N / A
1714034
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10/04/2023
X
PER
STATIITF
OTH-
FR
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
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PLACENTIA CA 92870
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952 N BATAVIA ST
ORANGE, CA 92867-5555
AGENT:
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P O BOX 1070
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From: 10/14/2022 to 10/14/2023 at 12:01 AM Standard Time at your mailing address
Additional Insured: CITY OF PLACENTIA
Address:
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AUTOMOBILE LIABIL!
Covered Autos:
Limits of Insurance:
R
ViDED
Symbol 1 - Any "Auto"
$1,000,000 CSL
MDS910711
ENDORSEMENT AGREEMENT
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STATE
COMPENSATION
INSURANCE
FUND
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PAGE 1
EFFECTIVE OCTOBER 4, 2022 AT 12.01 A.M.
AND EXPIRING OCTOBER 4, 2023 AT 12.01 A.M.
GOLDEN BELL PRODUCTS, INC
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ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING,
IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND
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WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS
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OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE
EMPLOYER.
IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%.
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COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
2570
OCTOBER 12, 2022
AUTHORIZED REPRESENTAfiIVE PRESIDENT AND CEO
SCIF FORM 10217 (REV.4-20181
OLD DP 217
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia Cit Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
OCTOBER 17, 2023
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
BOWMAN INFRASTRUCTURE ENGINEERS LTD, DBA INFRASTRUCTURE
ENGINEERS FOR PROVISION OF BUILDING OFFICIAL, PLAN CHECK, AND
INSPECTION, SERVICES
EXPENSE: $75,000 (up to $200,000 per fiscal year) (102532-6290) In August 2023, the City approved a Professional Services Agreement with Bowman Infrastructure Engineers Ltd., dba Infrastructure Engineers ("Infrastructure Engineers") to provide contract staffing services to perform building plan check, building inspection, and Building Official services related to development. The requested action would approve an amended Professional Services Agreement (Amendment No. 1) with Infrastructure Engineers for a term ending June 30, 2026, for contract staffing to include the following services as needed: building plan check, building inspection, Building Official, and other building and planning related staffing as needed, in an amount not to exceed $200,000 per Fiscal Year ("FY"), including the remainder of this Fiscal Year.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve Amendment No. 1 to the Professional Services Agreement with Bowman Infrastructure Engineers Ltd., dba Infrastructure Engineers to provide professional services related to building plan check, building inspection, Building Official, and other building and planning related staffing as needed for a term ending June 30, 2026; and
2. Adopt Resolution No. R-2023-82, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2023-24 in compliance with City Charter of the City of Placentia §§ 1206 and 1209 pertaining to appropriations for actual expenditures; and
1.i.
Oct. 17, 2023
City Council Agenda
October 17, 2023
3. Authorize the City Administrator or designee to approve up to two (2) additional one-year extensions pursuant to the terms of the subject Amendment No. 1 to the Professional Services Agreement with Bowman Infrastructure Engineers Ltd., dba Infrastructure Engineers; and
4. Authorize the City Administrator and/or his designee to execute the necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This Council action is generally related to Goal 3 to promote Community and Economic Development. Providing Building plan check, inspection and Building Official services directly results in providing a high level of customer service to ensure development projects are processed and built in a timely manner so that they generate revenue as quickly as possible. Also, specifically, this action is consistent with and furthers Objective 3.10: Implementation of Housing Element Strategies in that Infrastructure Engineers provides expedited plan for our largest housing developments that are under construction. Infrastructure Engineers is integral in helping the City provide the extremely high level of customer service that developers rely on.
BACKGROUND:
Since at least 2013, the City of Placentia has contracted out all services related to building plan check and for the State mandated position of Building Official. In August 2023, the City approved a Professional Services Agreement with Infrastructure Engineers to provide contract staffing services to perform building plan check, building inspection, and Building Official services related to Development Services. Although the City has agreements with other service providers, the City's long-time Contract Building Official has been contracting with Infrastructure Engineers since leaving Sagecrest, which is another service provider that has provided building and planning related contract services for the City, and still provides some inspection services DISCUSSION:
Infrastructure Engineers generally specializes in providing Public Works, Engineering, and Building related services. The City of Placentia is also under separate contract with Infrastructure Engineers for Public Works/Engineering project management services. Infrastructure Engineers' rates are competitive, and the Building Official/Plan Check rate is actually less than the rates charged by other consultants providing similar staffing including CSG and Sagecrest whom are also under contract with the City. Although the City retains more than one firm under contract for these services, Staff always strives to utilize the firm with the most competitive rates.
FISCAL IMPACT:
It should be noted that although Amendment No. 1 authorizes services up to $200,000 per fiscal year, Staff does not anticipate using the full amount because the City is currently in the process of hiring a Plans Examiner and propose a budget amendment to increase current operating budget by $75,000. Staff anticipates the Plans Examiner position would conduct 80-90% of the
City Council Agenda
October 17, 2023
Page3of3
plan checking needed for the City, while a Contract Building Official would only check the most complex developments and would serve the City in the State mandated position of Building Official. In addition, adequate funds are currently included in the FY 2023-24 budget for the current anticipated needs of the Department, and the revenue coming in for building related development services will offset significant costs incurred pursuant to the subject agreement. This amendment will allow the City to continue to provide services at a level that is expected by our residents and the development community.
Prepared by: Reviewed and approved:
Joseph M. Lambert
Director of Development Services
Reviewed and approved:
Damien R. Arrula
City Administrator
S
Jennifer Lampman
Director of Finance
Attachments:
1. Amendment No. 1 to Professional Services Agreement with Bowman Infrastructure Engineers Ltd., dba Infrastructure Engineers
a. Attachment A: Consultant's Proposal, Fee Schedule and Scope of Work pursuant to Amendment No. 1
b. Exhibit B: Original Professional Services Agreement effective August 1, 2023
2. Certificates of Insurance
3. Resolution R-2023-82
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH INFRASTRUCTURE ENGINEERS, INC.
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into the 17th day of October 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Bowman Infrastructure Engineers Ltd., dba Infrastructure Engineers, a Bowman Company ("Consultant"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. RECITALS:
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective August 1, 2023 through which CONSULTANT has been providing consulting services related to Building and Safety plan checking and Building and Safety inspections.
(ii). The Parties now seek to amend the Agreement (Amendment No. 1) to authorize an increase in the total compensation per fiscal year and to authorize the CONSULTANT to perform Additional Services such as "providing other building and planning related staffing and services as needed."
(iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Pursuant to Section 4, Paragraph 4.1 of the Agreement, the term of the Agreement is hereby amended to continue for a term ending June 30, 2026. The City Administrator (or authorized designee) is authorized to approve up to two additional one-year extensions pursuant to the terms of this Amendment No. 1 to the Professional Services Agreement.
2. Section 2, Paragraph 2.1 of the Agreement is hereby amended to say: Consultant shall be paid in accordance with the fee schedule set forth in Attachment "A" of this Amendment No. 1 effective October 17, 2023. Consultant's total compensation shall not exceed Two Hundred Thousand Dollars ($200,000.00) per Fiscal Year.
3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
4. The Agreement, together with Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. The original Agreement is attached hereto as Attachment "B".
5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Professional Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Ward Smith,
Name, Title Mayor
ATTEST:
Robert S. McKinnell,
City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen
City Attorney
4,7
ATTACHMENT A
CONSULTANT'$;.,'ROPOSAL, FEE SCHEDULE AND SCOPE
OF 0RIOWIS JANT TO AMENDMENT NO. 1
•
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Pi,/\ CTVIL \ 1,1\1
City of Placentia
Proposal for:
KACENTIA
AlIAMERIcA CITY
Building and Safety Staff Augmentation
Environmental and Planning Services
Submitted by:
Masoud Sepahi, PE, LEED GA
Infrastructure Engineers, a Bowman company
3060 Saturn Street, Suite 250
Brea, CA 92821
714.940.0100 I [email protected] I bowman.com
September 5, 2023
Submitted to:
Joseph Lambert, Director of Development Services
City of Placentia
401 East Chapman Street
Placentia, CA 92870
714.993.8124 [email protected] I placentia.org
INFRASTRUCTURE
ENGINEERS
a Bowman company
5 joi
Table of Contents
TAB # SECTION
1 Cover Letter
2 Qualifications
3 Related Experience and References
4 Proposed Staffing and Project Organization
5 Fee Proposal
PAGE #
4 6
9 12
24 Cover Letter
INFRASTRUCTURE
�� ENGINEERS
a Bowman company
September 5, 2023
Joseph Lambert
Director of Development Services
City of Placentia
401 East Chapman Street
Placentia, CA 92870
RE: Building and Safety Staff Augmentation
Dear Mr. Lambert,
We are providing the attached statement of qualifications for your review and consideration. We understand that the City of Placentia seeks assistance in support of Building and Safety Plan checking and inspection services.
Infrastructure Engineers (IE) has been providing building and inspection support services throughout the Southern California region for many cities over the past 25 years. We have also provided plan checking services for the City of Placentia on multiple Public Improvement projects associated with Private Developments. We are very versed in all applicable codes and government regulations.
We are proud to have Mr. Iraj Mansouri and Mr. Jesus De Anda as part of our team being proposed to assist the City, with professional building plan checking and inspection services. Mr. Mansouri is a veteran and seasoned engineer, who has served various cities including the City of Placentia as Building Official and in other similar capacities. Mr. De Anda, has many years of building inspection experience and he is ICC Certified. As the VP for Construction Management Services, Mr. Sepahi will ensure that the City of Placentia is served with the utmost care and quality service, and he is available to meet with the City to assist with any other building related services as required.
We consider the City of Placentia as one our special clients and we will continue to serve this great city with the best possible service and to meet and exceed all your expectations.
Sincerely yours,
(f)1'
Sid Mousavi, MSCE, PE
Senior Principal
3060 Saturn Street, Suite 250, Brea, California 92821
714.940.0100
infrastructure-engineers.com I bowman.com
Qualifications
Qualifications
Infrastructure Engineers, a Bowman company's mission is to provide professional building and safety, engineering, planning, environmental, and municipal services to cities and counties throughout Southern and Central California. In fact, we have been providing these services since our founding in 1994. As a results driven engineering service provider focused on public sector assignments, Infrastructure Engineers, a Bowman company provides services that include civil design, construction management, traffic engineering, community development planning, environmental services, water/wastewater engineering, and staff augmentation for municipal and state agencies. Our headquarters in Brea is conveniently located near the City of Placentia.
56 $277 1,900 81
Years in Business
Combined
Current Revenue Pace (Millions)
Number of Employees (Approx.)
Offices Nationwide
Our History
Headquartered in Brea, CA, Infrastructure
Engineers, a Bowman company provides a
breadth of professional engineering, planning,
environmental, geospatial and municipal
infrastructure services to cities and counties
throughout Southern and Central California.
As of June 13, 2023, Infrastructure Engineers
has officially joined Bowman. This change
provides a strong foundation for us to merge
our comprehensive skillsets while offering the
same level of commitment to our clients and
employees.
Services
• Building Services
• Community Planning
• Environmental Studies
• Staff Augmentation
• GIS/Mapping
• Historic Consulting
• Civil Engineering
• Water/Wastewater
• Construction Management
• Traffic Engineering
Markets
• Municipal
• Industrial
• Water/Wastewater
• Technology/Data Centers
• Residential
• Parks & Recreation
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 6
About Bowman
Team Members
With more than 80 offices nationwide, we
continue to add staff, services, and locations to
continue to provide the best development and
infrastructure services to our clients.
1,900+ Employees
120+ Fully Equipped Field Survey Crews
300+ Professional Engineers
60+ Professional Surveyors
100+ Right -of -Way and Land Professionals
13 Environmental Specialists
90+ Planners and Designers
20+ Registered Landscape Architects
r•.
•
•
Bowman has grown not for the sake of
growth, but on behalf of our customers.
Our clients know their industry, their product
and their end -user. It's our job to know our clients, their project drivers and how to achieve them. By leveraging
the expertise of our local teams and the extensive knowledge of our national resources, Bowman stands ready to deliver innovative development strategies, design concepts and
technological advancements to your next project.
Awards
Zweig Group - Hot Firm's List - #9 (2023)
Engineering News Record
#87 -Top 500 Design Firms (2023)
#69 -Top 500 Design Firms Pure Designers (2023)
#22 - Mid -Atlantic -Top Design Firms (2023)
#44 - Southeast -Top Design Firms (2023)
#78 - New York -Top Design Firms (2023)
#57 -Texas & Louisiana -Top Design Firms (2023)
National Business Journals
#8 - Washington Bus. Journal Largest Engineering Firm (2023) #5 - Washington Bus. Journal Largest Landscape Architecture (2023) #18 - Louisville Business First Largest Engineering Firm (2023) #12 - Philadelphia Business Journal Largest Engineering Firm (2023) #17 - Phoenix Business Journal Largest Engineering Firm (2023) #42 - Dallas Business Journal Largest Engineering Firm (2023) MEP Giants - #88 (2022)
r.
-
•
•
ry
• Off ce_ocatic•':
National Footprint ...One Team!
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 7 Related Experience and References
INFRASTRUCTURE
�� ENGINEERS
a Bowman company
Related Experience and References
City of Baldwin Park
Since 2014, IE has been providing the City of Baldwin Park with an on -site building official, building inspector coverage and off -site plan checks, on time and within budget. Jay Shih, our Director of Building & Safety, was the on -site Building Official and City Engineer in 2018. He managed the Building Division, provided over-the-counter plan check and code interpretation, resolved disputes, checked building plans including architectural, structural, mechanical, electrical, plumbing, energy, disabled access, cannabis, and fire, while supervised two city building inspectors and a permit technician. Jay also checked grading, drainage, low impact development, erosion control, and subdivision maps. Jay continues to check its building and engineering plans in our Industry office.
Contact Project Team Members
Ron Garcia, CD Director Jay Shih
p: 626.813.5253 Yunus Rahi
e: [email protected] Mike Bagheri
Schedule Dennis Janda
Ongoing
City of Huntington Park
IE is currently providing an on -site building official, building inspector, permit technicians, CASp inspector and on -site and off -site plan checks for the Building Division. Our Building Official provides on -site services, performs over-the- counter plan check, building code consultation, in-house plan check, and supervises two full-time permit technicians and a full-time building inspector.
He is also a certified building inspector, is proficient in building, mechanical, electrical, and plumbing inspections, and performs inspection supervision or works as senior building inspector to augment city staff.
City of Huntington Park Project Team Members
Steve Forster, CD Director Jay Shih
p: 323.582.6161
e: [email protected]
Schedule
Ongoing
Yunus Rahi
Dennis Janda
Amir Farahani
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 9
% INFRASTRUCTURE
ENGINEERS
City of Corona
Infrastructure Engineers is currently under a Professional Services Agreement to provide an on -site building inspector, permit technician, electrical plans examiner, CASp inspector and on -site and off -site plan checks within the prescribed turnaround time and budget
a Bowman company
Contact Project Team Members
Chris Milosevic, Building Official Jay Shih
p: 951.736.2254 Jesus De Anda
e: [email protected]
Schedule
Ongoing
City of Bell Gardens
Since 2004, Infrastructure Engineers has been providing building and safety services as well as a broad spectrum of public works engineering. We are currently providing inspector coverage and off -site plan checks, on time and within budget. Jay Shih is the city's off -site building official; he also checks some of the city's building and engineering plans in our Industry office.
City of Corona
Gus Romo, CD Director
Project Team Members
Jay Shih
p: 562.806.7724 Jesus De Anda
e: [email protected] Yunus Rahi
Schedule
Ongoing
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 10
Proposed Staffing and Project Organization
Proposed Staffing and Project Organization
City of Placentia
Principal -in -Charge
Sid Mousavi, MSCE, PE
Certified Building Official and Plans
Examiner
Jay Shih, MS, PE, CASp, CBO
KEY
Building Official
'raj Mansouri, MSCE, PE
Building Inspector
Jesus De Anda
Management
Support Q Key Personnel
Project Lead
Masoud Sepahi, PE, LEED GA
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 12
Sid Mousavi, MSCE, PE
Principal -in -Charge
Education
M.S. Civil Engineering, California State
Polytechnic University, Pomona
B.S. Civil Engineering, California State
Polytechnic University, Pomona
B.S. Irrigation Engineering, Azerbaijan
University, Iran
Registrations/Certifications
Professional Civil Engineer:
California (#42645)
*Experience prior to joining the firm
Sid Mousavi has over 35 years of experience in engineering projects covering a wide range of municipal management, civil engineering, transportation, public works, construction management, traffic engineering, community development and redevelopment, parks and recreation facilities, and public and private land development. Sid is responsible for the direction and administration of internal services, civil engineering design, city services and other corporate management responsibilities and matters. Prior to joining Infrastructure Engineers, Sid's accomplishments included serving as City Manager, Director of Public Works, and City Engineer for various cities in Southern California, with responsibilities for directing and administering such functional elements as engineering, planning, building & safety, facilities and equipment, landscaping, streets, environmental services, transportation, transit and other municipal services. Responsibilities also included communication with City Councils, City Commissions, other city departments and governmental regulatory agencies, utility companies, contractors, consultants, and the general public. Sid has performed the entire spectrum of engineering activities, which include engineering investigations, conceptual and feasibility studies, planning/scheduling, design, specifications, cost analysis, cost estimating, contract negotiations, construction management and engineering support services.
Sid has served as the Contract City Engineer for the City of Bell Gardens, City of Montebello, City of Irwindale, City of LaPuente and City of Baldwin Park.
Experience
Principal -in -Charge, Various Capital Projects I City of South El Monte, CA Sid was responsible for contract oversight of capital projects for the city, which include the Safe Route to School Project - Pedestrian Improvement Project, Durfee Avenue Project - Street and Median Improvement Project, Thienes Avenue Project - Street Improvement Project, and the New Temple Park Improvements - Prefabricated Modular Restroom.
City Engineer I City of Bell Gardens, CA
Sid was responsible for approving all capital projects for the City and providing cost estimates and budgets for new and upcoming projects. Supervises various Infrastructure Engineers projects as the designated Principal -in -Charge. Participates in development meetings and provides support for various land development projects by establishing conditions for approval of projects. Supervises and directs traffic engineering and water engineering activities of the City. Attends City Council meetings and provides reports of engineering projects to the City Council. Oversees the City's NPDES program and MS4 Permit compliance.
Principal -in -Charge I City of Brea, CA
Sid was responsible for oversight of performance of professional services to provide plans, specifications and estimates for rehabilitation of alleys east of Brea Boulevard Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 13 Sid Mousavi, MSCE, PE
Principal -in -Charge
and south of Imperial Highway to Date Street, Downtown Parking Structure 1 Sewer Line Upgrade, and Sewer Main Repair in Alley west of Brea Boulevard and south of Imperial Highway.
Principal -in -Charge, Various Street Improvements I City of Lynwood, CA Sid provided oversight of design, construction management, and inspection of street improvements for Linden Street, Virginia Avenue. Walnut Avenue, Redwood Avenue, Elmwood Avenue, Olanda Avenue, and Las Flores Boulevard.The project includes topographic surveying to address the drainage issues, removal, and replacement of broken or missing gutters and curbs, subsurface investigation of the existing asphalt structure, replacement of existing damaged or substandard driveways, removal and replacement of trees that have caused damage, design of ADA-compliant ramps, and repair or placement of sidewalks, where necessary. Infrastructure Engineers also provided bid administration, construction management services, and inspection for these projects.
Interim City Manager, Director of Public Works and Planning and City Engineer City of Baldwin Park, CA
Served as Interim City Manager during a 14 -month vacancy at the City of Baldwin Park, Responsible for the development of the $40 million annual operating and capital budgets, including the identification of new revenue sources for the City.
Involved in labor negotiation with seven city labor groups. Also responsible for the enhancement of the City's public information and public relations materials, policy development and implementation, and general administrative oversight of the City's six departments and more than 300 employees. As Executive Director to the City's Community Development Commission, directed the City's redevelopment activities.
Also served as Executive Director of the Baldwin Park Housing Authority, which provided housing services for Baldwin Park as well as the cities of Duarte, El Monte, Monrovia, and West Covina.
City Engineer I City of Bell Gardens, CA
Served as the City Engineer under a general contract to provide City Engineer services. Responsible for all capital improvement programs, land development, traffic engineering, water engineering, and redevelopment engineering.
City Engineer I City of Montebello, CA
Sid was responsible for all the City's engineering issues and projects, including overseeing the City's engineering staff. Also served as secretary to the Traffic Commission, preparing all reports and projects to the Engineering Division.
Director of Public Works and City Engineer I City of Diamond Bar, CA Upon the City's incorporation, Sid was hired to set up the Public Works Department, with responsibility for direction and supervision of all public works functions.
While with the City of Diamond Bar, Sid interfaced with official offices such as City Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 14
Sid Mousavi, MSCE, PE
Principal -in -Charge
Council, City Commissions, City Manager's office, and other city departments and staff. Additional agency coordination included working with Caltrans, Los Angeles County agencies, Air Quality Management District, Walnut Unified School District, and community citizens and businesses.
Senior Manager, Los Angeles County Community Development Commission I Los Angeles County, CA
Sid was responsible for engineering services associated with public works projects with an annual budget of $18 million. He was also responsible for planning and scheduling, construction management, implementing systems and procedures, project accountability, negotiation, and administration of contracts. Oversaw community development and redevelopment projects, including Community Development Block Grants and Housing Authority.
Assistant City Manager I City of Huntington Park, CA
Sid was responsible for engineering services covering studies, design and design review, PS&E related to public works, redevelopment, and land development projects.
Served as an advisor and monitor for city's Traffic Commission.
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 15
Masoud Sepahi, PE, LEED GA
Project Lead
Education
B.S. Civil Engineering, Loyola
Marymount University
Structural/Civil Engineering, California
State University, Northridge
Registrations/Certifications
Professional Civil Engineer:
California (#52786)
*Experience prior to joining the firm
Experience
City Engineer I City of Placentia, CA
As the City Engineer for the City of Placentia, Masoud's responsibilities included management and processing of all public works encroachment permits in addition to all other City engineering and management functions. Masoud was responsible for plan check, design review, and inspections associated with private developments throughout the city. His other responsibilities included managing the in-house and consultant support staff for various Public Works design and construction projects.
He assisted the Director of Public Works with preparation of the Capital Improvement Program (CIP) budgets and monitored the expenditures in conformance with the Department's goals and objectives. He managed all the design and construction contracts associated with the public works CIP program to ensure delivery of projects on time and on budget. Masoud supervised and assigned work to both in-house engineering and maintenance staff in addition to the consultant staff associated with CIP and plan -checking activities. His responsibilities also included negotiating and enforcing design and construction contracts, cooperative agreements, interacting with other cities and agencies, license agreements, lease agreements, schedules, and work plans to ensure projects were completed within expected timelines, material specifications, and budget. He reviewed change orders, evaluated budgets, costs, and technical feasibility. Conducted staff meetings with city personnel; attended meetings with other City departments, government agencies, private developers, contractors, and consultants to coordinate various projects and programs. Prepared schedules and budgets for various projects and assisted with preparation of the CIP and grant applications. Reviewed and approved tract maps, parcel maps, lot - line adjustments and provided advice to the City Administrator, planning and City Council regarding engineering and administrative issues. Prepared Agenda Reports on various actions required by the City Council. Attended City Council, Planning Commission, Traffic Commission, and other public meetings and made presentations on various engineering and construction proposals, contracts, engineering reports, and staff recommendations.
Director of Construction Management, Los Angeles Metropolitan Transportation Authority I Los Angeles, CA
As the Director of Construction Management, Masoud was responsible for the southerly portion of the Crenshaw/LAX Transit Project. This project was an eight -and - a -half -mile light -rail line, which connects the Expo Line on Exposition Boulevard to the Metro's Green Line at the Los Angeles International Airport.This $2 Billion project consisted of 8 Stations, 8 aerial bridges over major streets and the I-405 Freeway.
During his tenure with LA Metro, Masoud was responsible for management of all construction on the Southern segment of the project, extending from the Greenline station to the outside of City of Inglewood. His responsibilities included management of the entire construction staff, reporting to executive management on construction Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 16 Masoud Sepahi, PE, LEED GA
Project Lead
progress and issues in addition to interfacing with the City officials, utility agencies, contractors, and designers. Also, working for Metro, Masoud was responsible for the management of three major Advanced Utility Relocation Contracts as part of the Purple Line Corridor Project. This project extended the terminus at Wilshire/Western westward for about nine miles with seven new stations. He performed Resident Engineering for three major contracts under this $4 Billion transit project. Responsible for all utility relocations at three major intersections, La Brea and Fairfax in the City of Los Angeles and La Cienega in the City of Beverly Hills. Duties included management of construction and design staff, interaction with utility agencies, contractors, designers, and city officials.The advance utility contracts paved the way for mass excavation of the subway stations. The relocation of over 150 major utility lines had to be designed and constructed within a very aggressive schedule to allow for the next phases of the project to start. As the Director of Construction Manager, Masoud was responsible for delivery and relocation of major storm drains, sanitary sewer, electrical power lines, telecommunication, water, gas, and many other utilities, which had to be relocated within a very aggressive schedule.
Principal, Marrs Services I Fullerton, CA
As the principal for MARRS'facilities, and transit divisions, Masoud was responsible for managing construction management staff and multiple contracts with various public agencies. His responsibilities also included management of multiple civil engineering projects, reporting to executive management and interaction with clients. His other responsibilities included development and implementation of marketing strategies, preparation of staffing plans, preparation and analysis of company budgets and finances in addition to interaction with existing and potential new clients. Some of the major projects under his management included: LAX/Crenshaw Transit Corridor, Advanced Utility Studies, LAWA Water Systems modeling, LAX 2nd Level Roadway and Deck Repair, Metro On -call bus Facility construction management, Cesar Chavez Roundabout Project, LAX South Runway Improvements in addition to many other infrastructure improvement projects.
Program Director, GKK Works I Irvine, CA
As the program director, Masoud was responsible for GKK's Construction Management for various public works facility projects. Some of these projects included: Police Administration Building, San Bernardino International Airport Facility Improvements Program, Third party review for all new developments for the Inland Valley Development Agency (IVDA.), runway drainage studies, conceptual design and modifications for terminal buildings, facility and site assessment, demolition of buildings and facilities at the airport, master planning, and third -party reviewer for construction of large warehouses for the IVDA. On behalf of IVDA, he also worked with private developers for development of large cargo storage and distribution centers near the airport.
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 17
Masoud Sepahi, PE, LEED GA
Project Lead
Design Manager & Practice Leader, Kellog Brown & Root I CA* As KBR's Construction/Design manager for the West -coast region, he was responsible for KBR's projects in the Southern California Region. His duties included contract negotiations with clients and sub -consultants, managing and administering projects in addition to managing engineering staff and sub -consultants. As the design manager for the Airside Improvement Program (AIP) at Bush Intercontinental Airport, he was responsible for the management and supervision of the design staff and up to 100 sub -consultants. His responsibilities also included management of multiple design contracts to ensure compliance with the project budget and schedule in addition to the Client's guidelines and regulations. Provided routine project status reporting on the work performance and productivity of designers and their subconsultants. He also reviewed and approved designer's invoice for compliance with provisions in the Contract including minority participation requirements. He managed the design and construction of many projects, under the AIP program, some of which include:
Project/Construction Manager I City of Los Angeles, CA* As a City of Los Angeles Engineering staff, Masoud worked on many infrastructure programs and projects. Some of which included the Police Bond Program, Los Angeles Convention Center Expansion, Tom Bradley Terminal at LAX and many other small to large municipal facility construction and renovations. Masoud worked at the Departments of Public Works and Building and Safety, where he was responsible for plan check activities for Public Works improvements in addition to residential and commercial buildings. He was responsible for reviewing and evaluating the work of professional and technical employees engaged in the preparation of designs, plans, specifications, estimates, environmental studies, budgeting, scheduling, and reports on major engineering projects. He supervised and directed engineering staff and activities in connection with design, construction, maintenance, inspection, and operation of a wide variety of engineering projects. As part of the Earthquake Recovery Division, he managed the recovery and renovation of buildings after the Northridge earthquake in the San Fernando Valley.
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 18
Jay Shih, MS, PE, CASp, CBO
Certified Building Official and Plans Examiner
Education
M.S. Geotechnical Engineering
B.S. Civil Engineering, University of Sao
Paulo
Registrations/Certifications
Professional Engineer: California
(#46841)
Qualified SWPPP Practitioner &
Developer (#22265)
Certified Access Specialist (#683)
*Experience prior to joining the firm
Jay Shih is a veteran civil engineer with 34 years of experience. Jay has spent his career working for public agencies, providing highly skilled reviews and assistance to the public in development projects as well as designing grading plans, SWPPP, WQMP and subdivision maps, performing topographic, boundary and ALTA surveys, and preparing soil and compaction reports.
Experience
Various Cities I Adelanto, Huntington Park, Artesia, and Montebello, CA Plan Check Engineer. Checks grading, drainage, low impact development, erosion control, SWPPP, and WQMP plans. Reviews soil, compaction, hydrology, and SUSMP reports. Reviews public sewer, storm drain, water, and street improvement plans including curb ramps in conformance with PROWAG. Reviews tentative and final tract and parcel maps, road dedications, easements, lot line adjustments/lot mergers, and street vacations in compliance with the Subdivision Map Act. Provides input to Planning Department in the drafting of Conditional Use Permits.
Plan Check Engineer I City of Corona, CA
Plan Check Engineer. Checks ADA improvement plans for the City of Corona including 36 City parks grading plans, restrooms, handicap parking, playgrounds, and accessible routes. Reviews and inspects various City facilities for ADA compliance and make recommendations on required improvements. Provides inspection and certification for completed improvements, including final walk-through and punch list. Provides design consultation and plan review services, from design through construction documents.
Pro Design Engineers, Inc. I Los Angeles, CA*
President. Performed boundary, topographic, and ALTA land surveys; designed grading, drainage, low impact development, erosion control and WQMP plans; designed retaining walls associated with grading plans; prepared hydrology analyses and WQMP reports; inspected grading and compaction; prepared tentative and final tract maps for single family residential development and condominiums, parcel maps for lot split, and lot mergers.
Los Angeles Community Redevelopment Agency I City of Los Angeles, CA* Directed Engineering Department operations in revitalizing blighted communities within the city. Oversaw staff construction managers and inspectors in managing construction contracts. Checked tenant improvement, building rehabilitation, and public works improvement plans prepared by staff engineers and consultants prior to advertising and bidding construction projects.
Los Angeles Department of Public Works I City of Los Angeles, CA* Civil Engineer. Checked subdivision maps and metes and bounds legal descriptions.
Designed retaining walls and concrete bulkheads. Prepared public improvement plans including sidewalks, sewers and storm drains.
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 19 'raj Mansouri, MSCE, PE
Building Official
Education
M.S. Civil Engineering with major
structural courses, University of
Southern California
B.S. Civil Engineering, Tehran
University
Registrations
Professional Civil Engineer:
California (#52786)
*Experience prior to joining the firm
Experience
Senior Plan Check Engineer, Sagecrest Planning & Environmental, Inc. I CA* Plan checked different group occupancies with different types of construction for compliance with the editions of the adopted codes CBC, CMC, CPC, CEC, CALGreen, and California Energy Code.
Working two days a week as City of Placentia as Building Official to present time for about a year. Project Manager, Traffic Signal Plans, California Street and Baseline Road, City of San Bernardino, CA.
Senior Plan Check Engineer, JAS Pacific Consulting Services I CA* Was assigned three (3) years to the Orange County Building Division, 2 years to Building Department of City of Yorba Linda and two (2) years to the Building Department of City of Rancho Cucamonga.
• Quality control of plan checks of the major projects, which were performed by other plan checkers. Plan checked major complex projects of different group occupancies with different types of construction for compliance with the editions of the adopted codes CBC, CMC, CPC, CEC, CALGreen, and California Energy Code. • Answered the applicants' questions on phone and met with architects and engineers to clarify any questions that they had from plan check corrections list. • Met with architects, engineers, developers, contractors, and homeowners to discuss the code requirements applicable to their projects.
• Prepared handouts and plan check corrections list to be used by plan checkers and permit technicians.
• Helped inspectors in inspecting complicated projects and code enforcers to cross reference the violations to appropriate building code sections.
Assisted the building officials in making decision on applications for Alternate Materials and Method of Constructions and Unreasonable Hardships of Accessibilities.
• Assisted the building officials in making decisions on applications for Alternate Materials and Method of Constructions and Unreasonable Hardships for required accessibilities.
Senior Plan Check Engineer & Acting Building Official, Building Division I City of Orange, CA*
Plan checked different group occupancies with different types of construction for compliance with the editions of the adopted Codes CBC, CMC, CPC, CEC, and California Energy Code.
Answered applicants' questions at counter and provided excellent customer service.
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 20
'raj Mansouri, MSCE, PE
Building Official
• Met architects, engineers, developers, contractors, and homeowners to discuss the code requirements applicable to their projects.
• Acted as a liaison with different departments to be able to check most of the tenant improvements and additions at counter.
Prepared handouts and correction list to be used by plan checkers and permit technicians.
• Trained the permit technicians to be able to use handouts and close minor projects at counter
• Acted as building official in absence of the building officials. • Helped inspectors in inspecting complicated projects and code enforcers to cross reference the violations to appropriate building code sections.
Assisted the building officials in making decision on applications for Alternate Materials and Method of Constructions and Unreasonable Hardships for Accessibilities.
Worked as acting building official for three years since the City didn't have a building official.
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 21
Jesus De Anda
Building Inspector
Education
B.A. Architecture, Woodbury University
A.S. Architecture, Riverside Community
College
A.S. Natural Sciences and Mathematics,
Riverside Community College
A.S. Humanities and Fine Arts,
Riverside Community College
Certifications
ICC Certified:
Residential Inspector
Residential Plans Examiner
Commercial Building Inspector
Commercial Building Plans Examiner
Residential Fire Sprinkler Inspector/
Plans Examiner
Bilingual
Spanish
*Experience prior to joining the firm
Experience
Jesus has four years as engineering and building examiner, three years as public works inspector and three years as architectural designer and drafting technician.
Civil Engineering Plans Examiner I CA
Checks grading, drainage, low impact development, erosion control, SWPPP, and WQMP plans. Reviews soil, compaction, hydrology, and SUSMP reports. Reviews public sewer, storm drain, water, and street improvement plans including curb ramps in conformance with PROWAG. Provides input to Planning Department in the drafting of Conditional Use Permits.
Building Plans Examiner I Cities of Huntington Park, Bell Gardens, Adelanto and Lynwood, CA
Check commercial and residential plans for the Cities of Huntington Park, Bell Gardens, Adelanto, and Lynwood in our City of Industry office. He checks multistory apartment, office and mix -use buildings, public accommodations, commercial facilities, and tenant improvements in compliance with California Building Standards Code including covered multifamily dwellings adaptability, accessibility, means of egress, mechanical, electrical, and plumbing installations. Jesus conducts inspection for the County of Orange on a part-time basis, he performs daily inspection, issues notice to correct on violations, maintains files and reports for inspection and plan check activities and findings, tracks plan check and permit status from plans submittal to permits issuance, logs inspection requests, prepares field files for daily building inspection, and prepares Certificates of Occupancy after final inspection sign -off.
Public Works Inspector I CA
Responsible for processing encroachment permits and conducting public works inspections. Responsible for investigating public works construction -related citizen complaints, reporting observed safety violations to City Risk Manager, and reviewing and verifying a variety of construction documents, such as plans and specifications, permits, and cost estimates. Responsible for ensuring that all the permits given to construction are in accordance with legal contracts and for maintaining the uniform traffic control devices. Monitored all public complaints regarding construction and resolved them efficiently. Inspected construction of sidewalks, curb ramps, street resurfacing, and installation of utilities. Inspected grading and compaction of subgrade, placement of subbase, base, and asphalt concrete surface mix, binder mix, base mix, and striping. Prepared daily log and inspection report entries issued notices to correct. Reviewed compaction report to ensure the compacted subgrade, subbase and base have the relative density specified in the construction documents. Reviewed fresh concrete test reports such as slump (ASTM C143), air content (ASTM C231), unit weight (ASTM C138), and temperature, data from these tests is helpful in assessing mix production and consistency in performance. Reviewed concrete cylinder test (ASTM C31) reports to verify compressive strength of concrete in 7 days and at 28 days.
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 22 Fee Proposal
Fee Proposal
Infrastructure Engineers
406 3060 Saturn Street, Suite 250 INFRASTRUCTURE
Brea,CA92821 City of Placentia, CA %ENGINEERS
a Bowman company
Fee Proposal Pursuant to Amendment No.1
Prepared by Infrastructure Engineers, a Bowman company
Project Rate Sheet
Building and Safety
'raj Mansouri / Building Official
$115/Hr.
Building Inspector
$105/Hr. city will provide a vehicle for inspector to utilize) Environmental and Planning
Project Manager
$173/Hr.
Senior Planner
$153/Hr.
Associate Planner
$139/Hr.
Assistant Planner
$129/Hr.
Planning Technician
$98/Hr.
Environmental Specialist
$170/Hr.
Senior Environmental Planner
$165/Hr.
Environmental Planner II
$155/Hr.
Environmental Planner I
$144/Hr.
Infrastructure Engineers, a Bowman company I Building and Safety Staff Augmentation I September 5, 2023 24 INFRASTRUCTURE
V*_
ENGINEERS
a Bowman company
ATTACHMENT B
ORIGINAL PROFESSIONAL SERVICES AGREEMENT EFFECTIVE AUGUST 1, 2023 PSA Long Form Template
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
BOWMAN INFRASTRUCTURE ENGINEERS LTD DBA
INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
THIS AGREEMENT is made and entered into this 1st day of August 2023, ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Bowman Infrastructure Engineers Ltd dba Infrastructure Engineers, a Bowman Company ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide Building amd Safety plan checking and inspection as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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1 .8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, Infrastructure Engineers, Inc. other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed thirty nine thousand nine hundred ninety nine Dollars ($39,999.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice, Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement_ Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 3 Infrastructure Engineers
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performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.O_ TERM AND TERMINATION
4.1 . Term. This Agreement shall commence on the Effective Date and continue for a period of 12 months, ending on July 31, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c.
d.
e.
f.
Make a general assignment for the benefit of creditors; Default in the performance of any obligation or payment of any indebtedness under this Agreement;
Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs_
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4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant_
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the spedified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant_
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c)
Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by 5 Infrastructure Engineers
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retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c)
(d)
Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
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Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery, if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Infrastructure Engineers,
a Bowman Company
3060 Saturn St., Suite 250
Brea, CA 92821
Tel: (714) 940-0700
Fax: (714) 940-0700
Attn: Farzad Dorrani, Principal
Operations
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: (714) 993-8234
Fax: (71 4) 961-0283
of Attn: Joe Lambert, Director of
Development Services
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
8 Infrastructure Engineers
Rev. 08/2017
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9 Infrastructure Engineers
Rev. 08/2017
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require_
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (1 O) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant_ Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently 10 Infrastructure Engineers
Rev. 08/201 7
performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City_ In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. 1n the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20_ Headings_ Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a 11 Infrastructure Engineers
Rev. 08/2017
waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance_ Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
City —Administrator
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
12 Date: z=7•as7c -z_/2�
Infrastructure Engineers
Rev. 08!2017
CONSULTANT
Fc4��.�� l ��!VetA
Name and Title
R a - 3 `"s Sy-
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
i� v -s
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
c7-
-977r -
Rosanna
Ramirez, Risk Management
APPROVED AS TO CONTENT:
DEPARTMENTAL APPROVAL
Title��
13 Date: 712-? /Lo Z 3
O�ra�� ns
Date: 8/2/2023
Date:
Date:
Date:
Oc3/ /23
Infrastructure Engineers
Rev. 06/2017
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 Infrastructure Engineers
Rev. 08!2017
DocuSign
Certificate Of Completion
Envelope Id: 4C3E2F4876E14189905CD86F75E68DD7
Subject: Complete with DocuSign: Infrastructure Engineers.pdf Source Envelope:
Document Pages: 13
Certificate Pages: 4 Initials: O
AutoNay: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
8/1/2023 2:52:45 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Keith Collins
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure_
Accepted: 8/2/2023 8:16:37 AM
ID: 86367191-0904-42e5-a95e-b6dc58e8f429
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Witness Events
Notary Events
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Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Signatures: 1
Holder: Jessica Godoy
[email protected]
Pool: State Local
Pool: Carahsoft 080 City of Placentia
Signature
Ra. Ipu.tln.b
Signature Adoption: Pre -selected Style
Using IP Address: 174.193.138.110
Signed using mobile
Signature
Status
Status
Status
Status
Status
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
Electronic Record and Signature Disclosure
Status: Completed
Envelope Originator:
Jessica Godoy
401 E. Chapman Avenue
Placentia, CA 92870
[email protected]
IP Address: 12.163.132.66
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 8/1/2023 2:58:28 PM
Viewed: 8/2/2023 8:16:37 AM
Signed: 8/2/2023 8:16:58 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamps
8/1/2023 2:58:28 PM
8/2/2023 8:16:37 AM
8/2/2023 8:16:58 AM
8/2/2023 8:16:58 AM
Timestamps
Electronic Record and Signature Disclosure created on: 9/26/2018 1:17:11 PM Parties agreed to: Keith Collins
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PL..ACENTLA
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Table of Contents
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Cover Letter
Qualifications, Related Experience, and Reference 1
Qualifications
1 Related Experience and References 3
Proposed Staffing and Project Organization 6
Organization Chart 6
Work Plan 20
Schedule 30
Hourly Rate and Not -to -Exceed 30
��- S R
INFRASTRUCTURE
- ENGINEE
a Bowman cvmv�.+v
i l P a 3 e
•
ENGINEERS
a Bowman company
3060 Saturn Street, Suite 250
Brea, CA 92821
Tel_: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engi neers.com
June 20, 2023
Mr. Joseph Lambert
Director of Development Services
City of Placentia
401 East Chapman Street
Placentia, CA 92870
Dear Mr. Lambert,
We are providing the attached statement of qualifications for your review and consideration. We understand that the City of Placentia seeks assistance in support of Building and Safety Plan checking and inspection services.
Infrastructure Engineers (IE) has been providing building and inspection support services throughout the Southern California region for several cities since 1994. We have also provided plan checking services for the City of Placentia on multiple Public Improvement projects associated with Private Developments. We are very versed in all applicable codes and government regulations and very familiar with the City of Placentia's geographics.
We are proud to have Mr. Iraj Mansouri as part of our team, who has been assisting the City for over a year and a half. Mr. Mansouri is a veteran and seasoned engineer, who has served various cities as Building Official and in other similar capacities. As part of this team, we have also included Masoud Sepahi, who will oversee this contract at no cost to the City. Mr. Sepahi will ensure that the City of Placentia is served with the utmost care and quality service. We also have other team members in case their services are needed including Jesus De Anda and Gary Huang, who's resumes are also included in the following proposal.
We hope that this is the start of a long-term relationship with the City and we look forward to have you as one of our special clients. This City deserves the best service possible, and we are ready to meet and exceed all your expectations.
Sincerely yours,
Sid Mousavi, MSCE, PE Masoud Sepahi, PE, LEED GA
Principal -in -Charge, Chief Executive Officer Vice President, Construction Management Services
P.-ACF.NTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Qualifications, Related Experience, and Reference
Qualifications
Infrastructure Engineers, Inc. (IE) was established in 1994 with a clear mission to provide superior municipal consulting services to cities and counties throughout the Southern and Central California region.
In the nearly 30 years of continuous service, our mission has remained the same, our vision is to continuously make a difference in the communities that we serve by maintaining and improving infrastructures and supporting civic services. As a mid -size professional consulting firm, IE has achieved immense success in our pursuit of unprecedented service to all the cities that we serve. We have been able to achieve this kind of success by committing to quality service to our clients in addition to valuing and treating our employees with vigor and respect. This approach has allowed us to grow to a firm with more than SS staff in three (3) offices conveniently located throughout Southern California. Our headquarter office in Brea, is conveniently located near the City of Placentia. 44,
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ENGINEERS
a Plowman company
IE Office Locations
Three offices within the State of
California to serve your needs:
Bre& (Company Headquarters),
®rane'e County
City of Industry,
Los Angeles County
Sapl Bernardino, San Bernardino
3 i
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PLACENTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20. 2023
Orange County
(Headquarters)
3060 Saturn Street,
Suite 250
Brea, CA 92821
Phone: 714.940.0100
Los Angeles County
13200 Crossroads
Parkway, Suite 400
Industry, CA 91746
Phone: 626.544.0400
San Bernardino County
301 Vanderbilt Way,
Suite 430
San Bernardino, CA 92408
Phone: 714.940.0100
Infrastructure Engineers can provide cities with efficient and superior professional services because our staff requires no learning curve. Many of our staff members are former city employees, so they understand the interworking of the cities and the importance of maintaining strict oversight of the project budgets, schedules, and maintenance. We work closely with our clients to address issues before they become a problem and always deliver high -quality results on time and on budget.
IE is a full -service consulting firm comprised of in-house experts that include plan checkers, civil, design, and traffic engineers, architects, inspectors, urban planners, environmental specialists and technicians, and construction managers, allowing us to truly be a full -service "one -stop -shop," so to speak, for our clients- Examples of our services include:
• Building and Safety
• Construction Management
• Staff Augmentation
• Current and Advanced Planning
• Civil Engineering
• Traffic Engineering
• Wastewater/NPDES/MS4
• Architectural Services
• Peer Review and Technical Studies
• General Plan/Zoning Code Amendments
• Housing Element Updates
• Environmental Justice Elements
• Safety Element Updates
• EIRs, MNDs, ISs, CEQA Compliance
2 INFRASTRUEECTURE
it'CA
PLACENTIA
Related Experience and Reference:,
-4•14.ittipt:
I le ILA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Staff Augmentation and Plan Check Services, City
of Corona, CA.
infrastructure Engineers is currently under a Professional Services Agreement to provide an on -site building inspector, permit technician, electrical plans examiner, CASp inspector and on -site and off -site plan checks within the prescribed turnaround time and budget.
Client Contact:
Chris Milosevic, Building Official
Office: (951) 736-2254 Cell: (951) 227-1601
Email: chris.milosevic(Wcoronaca.eov
Tracy Martin, Capital Improvement Manager
Office: (951) 817-5880 Cell: (951) 232-0438
Email: tracy.martin(Wcoronaca.eov
Total Project Cost: Time and material
Project Duration: Ongoing contract services
Project Members: Jay Shih, Jesus De Anda, Gary Huang
Building 8. Safety and City Engineering Services, City of Baldwin Park, CA.
Since 2014, Infrastructure Engineers has been
providing the City of Baldwin Park with an on -site
building official, building inspector coverage and
off -site plan checks, on time and within budget.
Jay Shih, our Director of Building & Safety, was the
on -site building official and City Engineer in 2018.
He managed the Building Division, provided over-
the-counter plan check and code interpretation,
resolved disputes, checked building plans including
architectural, structural, mechanical, electrical,
plumbing, energy, disabled access, cannabis, and
fire, while supervised two City building inspectors
and a permit technician. Jay also checked grading,
drainage, low impact development, erosion control, and subdivision maps. Jay worked at the City until November 2018 when the City hired its awn building official, but Jay continues to check its building and engineering plans in our Industry office.
Client Contact:
Ron Garcia, Acting Director of Community Development
Phone: (626) 813-5253
Ernail: rearcia(Mbaldwinpark.com
Total Project Cost: Time and material
Project Duration: Ongoing contract services
Team Members: Jay Shih, Yunus Rahi, Mike Bagheri, Dennis Janda �♦ ENGINEERS
i 9oWman mmPanY
3I Pz.ge
PLACES STIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Plan Check, Inspection Services and Staff Augmentation, City of Huntington Park, CA.
Infrastructure Engineers is currently providing an on -site building official, building inspector, permit technicians, CASp inspector and on -site and off -site plan checks for the Building Division.
Our building official provides onsite services two days a week, performs over-the-counter plan check, building
code consultation, in-house plan check, and supervises
two full-time permit technicians and a full-time building inspector. He is also a certified building inspector, is proficient in building, mechanical, electrical, and
plumbing inspections, and performs inspection supervision or works as senior building inspector to augment City staff. Jay Shih oversees our onsite building official, building inspector, and permit technicians; he also checks some of the City's building and engineering plans in our Industry office within the prescribed turnaround time and budget. Our full-time, onsite certified senior building inspector performs residential and commercial pre -sale and building inspections.
Client Contact:
Steve Forster, Interim Director of Community Development Office: (323) 582-6161
Email: sforster(ahpce
Total Project Cost: Time and material
Project Duration: Ongoing contract services
Team Members: Jay Shih, Yunus Rahi, Dennis Janda, Gene Hirao, Amir Farahani Building and Safety and Engineering Services, City of Montebello, CA.
As an exclusive municipal, full -service contract provider to the City of Montebello since 2000, Infrastructure
Engineers has been providing a building official, on -site and off -site building plan checks and building inspections in addition to engineering pion checks, engineering
design, construction management, public works
inspection, NPDES compliance, traffic engineering and
staff augmentation to the City, on time and within
budget. Jay Shih, as Infrastructure Engineers' chief
building official, oversees our on -site building official and building inspectors. He also checks some of the City's building and engineering plans in our Industry office.
Gary Huang is our on -site building official. She manages the Building Division, provides over-the-counter plan check and code interpretation, resolves disputes, checks building plans including architectural, structural, mechanical, electrical, plumbing, energy, disabled access, and cannabis, while supervising two City building inspectors and a permit technician.
Client Contact:
James Enriquez, Director of Public Works
Office: (323) 887-1462
Email: ienripuez Wcitvofmontebello.corn
Total Project Cost: Time and material
Project Duration: Ongoing contract services
Team Members: Mike Bagheri, Dennis Janda, Gene Hirao
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PLACENTIA
Proposal for Building and safety Staff Augmentation
City of Placentia —June 20, 2023
Building and Safety and Engineering Services, City of
Bell Gardens, C.A.
Since 2004, Infrastructure Engineers has been providing building and safety services as well as a broad spectrum of public works engineering. We are currently providing inspector coverage and off -site pion checks, on time and within budget. Jay Shih is the City's off -site building official; he also checks some of the City's building and engineering plans in our Industry office.
Client Contact:
Gus Romo, Community Development Director
Office: (S62) 806-7724 Cell: (909) 255-4017
Email: gromorabellgardens_org
Total Project Cost: Time and material
Project Duration: Ongoing contract services
Team Members: Jay Shih, Yunus Rahi, Gary, Jesus De Anda
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Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Proposed Staffing and Project Organization
Organization Chart
This contract will be managed by Masoud Sepahi, PE, LEED GA with support from additional staff. Please refer to resumes on the following pages.
71 .147
7 56.
PLAC ENT TIA,
Rich kLurititge. Bright Tutu ra•
Sid Mousavi, MSCE, PE
Principal -in -Charge
Masoud Sepahi, PE, LEES GA
Contract Manager
'raj Mansouri, MSCE, PE
Certified Building Official and Plans
Examiner
Jay Shih, MS, PE, CASp, CBO
Certified Building Official and Plans
Examiner
Jesus lae Anda
Certified Plans Examiner and Building
Inspector
Gary Huang, E1T
Plans Examiner
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Education:
PLACENTIA
Pro oral for Building and Safety Staff Augmentation
City of Placentia -June 20, 2023
Sid I'Vlausavi, IVISCE, PE — Principal -in -Charge
• MS, Civil Engineering,
California State
Polytechnic University,
Pomona, CA
• BS, Civil Engineering,
California State
Polytechnic University,
Pomona, CA
• BS, irrigation Engineering,
Azerbaijan University, Iran
Registrations/Certifications:
• Registered Professional
Engineer, CA, No. 42645
Years of Experience: 35+
Sid Mousavi has over 35 years of experience in engineering projects covering a wide range of municipal management, civil engineering, transportation, public works, construction management, traffic engineering, community development
and redevelopment, parks and recreation facilities, and public and private land development. As the Chief Executive Officer at Infrastructure Engineers, Sid is responsible for the direction and administration of internal services, civil engineering design, city services and other corporate management responsibilities and matters. Prior to joining Infrastructure Engineers, Sid's accomplishments included serving as City Manager, Director of Public Works, and City Engineer for various cities in Southern California, with responsibilities for directing and administering such functional elements as engineering, planning, building & safety, facilities and equipment, landscaping, streets, environmental services, transportation, transit, and other municipal services. Responsibilities also included
communication with City Councils, City Commissions, other city departments and governmental regulatory agencies, utility companies, contractors, consultants, and the general public. Sid has performed the entire spectrum of engineering activities, which include engineering investigations, conceptual and feasibility studies, planning/scheduling, design, specifications, cost analysis, cost estimating, contract negotiations, construction management and engineering support services. Sid has served as the Contract City Engineer for the Cities of Bell Gardens, La Puente, Montebello, Baldwin Park, and Irwindale.
Sid has served as the Contract City Engineer for the following cities:
• City of Bell Gardens • City of La Puente
• City of Montebello • City of Baldwin Park
Relevant Experience
Principal -in -Charge, Various Capital Projects, City of South El Monte, CA.
Sid was responsible for contract oversight of capital projects for the City, which include the Safe Route to School Project — Pedestrian Improvement Project, Ourfee Avenue Project — Street and Median Improvement Project, Thienes Avenue Project — Street Improvement Project, and the New Temple Park Improvements — Prefabricated Modular Restroom.
City Engineer, City of Bell Gardens, CA.
Sid was responsible for approving all capital projects for the City and providing cost estimates and budgets for new and upcoming projects. Supervises various Infrastructure Engineers projects as the designated Principal -in -Charge. Participates in development meetings and provides support for various land development projects by establishing conditions for approval of projects. Supervises and directs traffic engineering and water engineering activities of the City. Attends City Council meetings and provides reports of engineering projects to the City Council. Oversees the City's NPDES program and MS4 Permit compliance.
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PLACENTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Principal -in -Charge, City of Brea, CA.
Sid was responsible for oversight of performance of professional services to provide plans, specifications and estimates for rehabilitation of alleys east of Brea Boulevard and south of Imperial Highway to Date Street, Downtown Parking Structure 1 Sewer Line Upgrade, and Sewer Main Repair in Alley west of Brea Boulevard and south of Imperial Highway.
Principal -in -Charge, Various Street Improvements, City of Lynwood, CA.
Sid provided oversight of design, construction management, and inspection of street improvements for Linden Street, Virginia Avenue. Walnut Avenue, Redwood Avenue, Elmwood Avenue, Olanda Avenue, and Las Flores Boulevard. The project includes topographic surveying to address the drainage issues, removal, and replacement of broken or missing gutters and curbs, subsurface investigation of the existing asphalt structure, replacement of existing damaged or substandard driveways, removal and replacement of trees that have caused damage, design of ADA-compliant ramps, and repair or placement of sidewalks, where necessary. Infrastructure Engineers also provided bid administration, construction management services, and inspection for these projects.
Interim City Manager, Director of Public Works 8. Planning and City Engineer, City of Baldwin Park, CA.
Served as Interim City Manager during a 14 -month vacancy at the City of Baldwin Park, Responsible for the development of the $40 million annual operating and capital budgets, including the identification of new revenue sources for the City. Involved in labor negotiation with seven city labor groups. Also responsible for the enhancement of the City's public information and public relations materials, policy development and implementation, and general administrative oversight of the City's six departments and more than 300 employees. As Executive Director to the City's Community Development Commission, directed the City's redevelopment activities. Also served as Executive Director of the Baldwin Park Housing Authority, which provided housing services for Baldwin Park as well as the cities of Duarte, El Monte, Monrovia, and West Covina.
City Engineer, City of Bell Gardens, CA.
Served as the City Engineer under a general contract to provide City Engineer services. Responsible for all capital improvement programs, land development, traffic engineering, water engineering, and redevelopment engineering.
City Engineer, City of Montebello, CA.
Sid was responsible for all the City's engineering issues and projects, including overseeing the City's engineering staff. Also served as secretary to the Traffic Commission, preparing all reports and projects to the Engineering Division.
City Engineer, City of La Puente, CA.
Directed all of the City's engineering issues and projects. Sid was responsible for the engineer's budget and all engineering staff who were Infrastructure Engineers employees working in City Hall. In addition, developed capital improvement programs, approved designs, and implemented projects.
Director of Public Works and City Engineer, City of Diamond Bar, CA.
Upon the City's incorporation, Sid was hired to set up the Public Works Department, with responsibility for direction and supervision of all public works functions. While with the City of Diamond Bar, Sid interfaced with official offices such as City Council, City Commissions, City Manager's office, and other city departments and staff. Additional agency coordination included working with Caltrans, Los Angeles County agencies, Air Quality Management District, Walnut Unified School District, and community citizens and businesses.
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Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Senior Manager, Las Angeles County Community Development Commission, Los Angeles County, CA.
Sid was responsible for engineering services associated with public works projects with an annual budget of $18 million. He was also responsible for planning and scheduling, construction management, implementing systems and procedures, project accountability, negotiation, and administration of contracts. Oversaw community development and redevelopment projects, including Community Development Block Grants and Housing Authority.
Assistant City Engineer, City of Huntington Park, CA.
Sid was responsible for engineering services covering studies, design and design review, PS&E related to public works, redevelopment, and land development projects. Served as an advisor and monitor for City's Traffic Commission.
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Education:
Proposal for Building and Safety Staff Augmentation
P [.ACENTIA
City of Placentia —June 20, 2023
Masoud Sepahi, PE, LEES GA — Contract Manager
BS, Civil Engineering,
Loyola Marymount
University, CA
Structural/Civil
Engineering CA State
University, Northridge, CA
Certifications:
Registered Professional
Engineer, CA, No. 52786
Years of Experience: 35+
City Engineer, City of Placentia, CA.
As the City Engineer for the City of Placentia, Masoud's responsibilities included management and processing of all public works encroachment permits in addition to all other City engineering and management functions. Masoud was
responsible for plan check, design review, and inspections associated with private developments throughout the city. His other responsibilities included managing the in-house and consultant support staff for various Public Works design and construction projects. He assisted the Director of Public works with preparation of the Capital Improvement Program (CIP) budgets and monitored the expenditures in conformance with the Department's goals and objectives. He managed all the design and construction contracts associated with the public works CIP program to ensure delivery of projects on time and on budget. Masoud supervised and assigned work to both in-house engineering and maintenance staff in addition to the consultant staff associated with CIP and plan -checking activities. His responsibilities also included negotiating and enforcing design and construction contracts, cooperative agreements, interacting with other cities and agencies, license agreements, lease agreements, schedules, and work plans to ensure projects were completed within expected timelines, material specifications, and budget. He reviewed change orders, evaluated budgets, costs, and technical feasibility. Conducted staff meetings with city personnel; attended meetings with other City departments, government agencies, private developers, contractors, and consultants to coordinate various projects and programs. Prepared schedules and budgets for various projects and assisted with preparation of the CIP and grant applications.
Reviewed and approved tract maps, parcel maps, lot -line adjustments and provided advice to the City Administrator, planning and City Council regarding engineering and administrative issues. Prepared Agenda Reports on various actions required by the City Council. Attended City Council, Planning Commission, Traffic Commission, and other public meetings and made presentations on various engineering and construction proposals, contracts, engineering reports, and staff recommendations.
Director of Construction Management, Los Angeles Metropolitan Transportation Authority, Los Angeles, CA.
As the Director of Construction Management, Masoud was responsible for the southerly portion of the Crenshaw/LAX Transit Project. This project was an eight -and -a -half -mile light -rail line, which connects the Expo Line on Exposition Boulevard to the Metro's Green Line at the Los Angeles International Airport. This $2 Billion project consisted of 8 Stations, 8 aerial bridges over major streets and the I-405 Freeway. During his tenure with LA Metro, Masoud was responsible for management of all construction on the Southern segment of the project, extending from the Greenline station to the outside of City of Inglewood. His responsibilities included management of the entire construction staff, reporting to executive management on construction progress and issues in addition to interfacing with the City officials, utility agencies, contractors, and designers. Also, working for Metro, Masoud was responsible for the management of three major Advanced Utility Relocation Contracts as part of the Purple Line Corridor Project. This project extended the terminus at Wilshire/Western westward for about nine miles with seven new stations. He performed Resident Engineering for three major contracts under this $4 Billion transit project. Responsible for all utility relocations at three major intersections, La Brea and Fairfax in .40 ENGINEERS
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PLACENTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
the City of Los Angeles and La Cienega in the City of Beverly Hills. Duties included management of construction and design staff, interaction with utility agencies, contractors, designers, and city officials.
The advance utility contracts paved the way for mass excavation of the subway stations. The relocation of over 150 major utility lines had to be designed and constructed within a very aggressive schedule to allow for the next phases of the project to start. As the Director of Construction Manager, Masoud was responsible for delivery and relocation of major storm drains, sanitary sewer, electrical power lines, telecommunication, water, gas, and many other utilities, which had to be relocated within a very aggressive schedule.
Principal, Marrs Services, Fullerton, CA.
As the principal for MARRS' facilities, and transit divisions, Masoud was responsible for managing construction management staff and multiple contracts with various public agencies. His responsibilities also included management of multiple civil engineering projects, reporting to executive management and interaction with clients. His other responsibilities included development and implementation of marketing strategies, preparation of staffing plans, preparation and analysis of company budgets and finances in addition to interaction with existing and potential new clients. Some of the major projects under his management included: LAX/Crenshaw Transit Corridor, Advanced Utility Studies, LAWA Water Systems modeling, LAX 2nd Level Roadway and Deck Repair, Metro On -call bus Facility construction management, Cesar Chavez Roundabout Project, LAX South Runway Improvements in addition to many other infrastructure improvement projects.
Program Director, GKK Works, Irvine, CA.
As the program director, Masoud was responsible for GKK's Construction Management for various public works facility projects. Some of these projects included: Police Administration Building, San Bernardino International Airport Facility Improvements Program, Third party review for all new developments for the Inland Valley Development Agency (IVDA.), runway drainage studies, conceptual design and modifications for terminal buildings, facility and site assessment, demolition of buildings and facilities at the airport, master planning, and third -party reviewer for construction of farge warehouses for the IVDA. On behalf of IVDA, he also worked with private developers for development of large cargo storage and distribution centers near the airport.
Design Manager & Practice Leader, Kellog Brown 84 Root.
As KBR's Construction/Design manager for the West -coast region, he was responsible for KBR's projects in the Southern California Region. His duties included contract negotiations with clients and sub - consultants, managing and administering projects in addition to managing engineering staff and sub - consultants. As the design manager for the Airside Improvement Program (AIP) at Bush intercontinental Airport, he was responsible for the management and supervision of the design staff and up to 100 sub - consultants. His responsibilities also included management of multiple design contracts to ensure compliance with the project budget and schedule in addition to the Client's guidelines and regulations.
Provided routine project status reporting on the work performance and productivity of designers and their subconsultants. He also reviewed and approved designer's invoice for compliance with provisions in the Contract including minority participation requirements. He managed the design and construction of many projects, under the AIP program, some of which include:
• Will Clayton Parkway/Lee Road improvements - Managed the design for roadway improvements at Lee Road and Will Roadway intersection to improve the flow of traffic and access to the airport.
This project also included installation of over a mile of sanitary sewer line using micro -tunneling technique in support of the new air cargo facility_
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• Federal Inspection Services Facility - Managed the remodeling of existing airport- owned facilities to provide interim facility for Federal employees during their move into their new facility being built by the Airport. The temporary facilities had to be modified to accommodate USDA and US Custom Services for their special needs. The project also includes extension of roadways to provide public access into the RS cargo facility.
• USDA Inspection Facility - Managed the planning and design effort by subconsultants for development of a treatment facility in support of a new cargo facility for USDA's use to comply with Federal and State regulations regarding treatment of airfreight and cargo coming into US from foreign countries. This facility included a large pre-engineered metal building with build -out offices and treatment chambers, vacuum chamber rooms, steam wash and chemical wash bays, a Methyl Bromide Recovery System for the reduction of methyl bromide emissions and a security fence with control gates.
• Terminal NB Utility Distribution Upgrades, Phase I and II - As the senior construction manager, managed the construction for upgrading the entire mechanical systems for terminals A and B, replacement of architectural finishes, relocation and inventory of the existing telecommunication system, upgrade of the Inter -Terminal Train Tunnel and associated hazardous materials abatement. Also managed phase II of the construction for upgrading the mechanical systems for both Terminals A and Bin addition to architectural upgrade, asbestos abatement, upgrade of telecommunication systems, ADA upgrades and utilities.
• New Cargo Area Infrastructure - Managed the design effort by subconsultants for site development options and sizing for development of cargo apron site to accommodate twenty wide -body aircraft and building pads for third -party air cargo developers. This work included development of conceptual and final engineering design for taxiways, aprons, utilities, environmental stations, fueling system, airfield lighting, signage and marking, drainage structures, site grading and fill placement, AOA fencing, mower strips, service roads, electrical and telecommunication duct banks, jet -blast fencing and landscaping. • Runway 8L -26R Landfill &. Sand Pits Remediation - Managed the design and construction for removal of an existing landfill project in support of a new runway at George Bush Intercontinental Airport. The project included remediation of an existing municipal landfill by removing 500,000 CY of waste and backfilling with fill material to support the new runway. • Firing Range Remediation - Managed the design and construction for remediation and removal of the existing police firing range in support of a new runway project. The work includes screening and recycling of lead bullet fragments, stabilization treatment and disposal of hazardous soil, excavation, and disposal of impacted soil and demolition of the firing range building.
Project/Construction Manager, City of Los Angeles, CA - As a City of Los Angeles Engineering staff, Masoud worked on many infrastructure programs and projects.
Some of which included the Police Bond Program, Los Angeles Convention Center Expansion, Tom Bradley Terminal at LAX and many other small to large municipal facility construction and renovations. Masoud worked at the Departments of Public Works and Building and Safety, where he was responsible for plan check activities for Public Works improvements in addition to residential and commercial buildings. He was responsible for reviewing and evaluating the work of professional and technical employees engaged in the preparation of designs, plans, specifications, estimates, environmental studies, budgeting, scheduling, and reports on major engineering projects. He supervised and directed engineering staff and activities in connection with design, construction, maintenance, inspection, and operation of a wide variety of engineering projects. As part of the Earthquake Recovery Division, he managed the recovery ��
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Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
and renovation of buildings after the Northridge earthquake in the San Fernando Valley. Some of the design and construction project that he managed include:
• City of Los Angeles, Department of Public Works & Building and Safety - As an Associate Civil/structural engineer, Masoud performed plan check review for Public Improvement projects from submittal to issuance of permits. Supervised the public counter staff in addition to development and implementation of the One -Stop -Plan- Check program at the public information counter.
• City of Los Angeles, Geotechnical Engineering Section - Performed engineering investigations and prepared technical reports for the public buildings, water treatment plants, bridges, wastewater treatment plants at the Hyperion plant, retaining structures, tunnels, certified structural fills, hillside grading, percolation, and infiltration studies, etc.
Duties included review and approval of private soil and environmental reports, monitoring of fill, pile, caisson, and shoring placement. He also provided on -site recommendations regarding geotechnical and environmental problems; performed site assessment for soil and groundwater contamination; supervised soil sampling, laboratory testing and produced compliance reports for local and state agencies. Provided supervision for drilling operations, as well as underground tank removal and cleanup of contaminated soil and ground water. • Los Angeles Convention Center Expansion Proiect - As part of the management team for construction of the $300 million Los Angeles Convention Center Expansion Project, Masoud performed various construction management duties for the City of Los Angles. Duties included preparation and negotiation of change orders and construction claims. Performed civil engineering designs and calculations to address unforeseen field conditions and discrepancies; prepared project status reports on completed work; monitored and coordinated construction activities with municipal agencies responsible for water, power, sewer, storm drains and traffic. In addition, as the hazardous waste coordinator for the Special Projects Division, supervised removal of 35 abandoned, underground tanks during grading and excavation work for the Expansion Project.
• Earthauake Recovery Program - He managed preparation and implementation of multiple public and private demolition projects, in addition to removal of earthquake related debris.
He managed and supervised up to SS EREP participants and debris removal private contractors, working on up to 10 construction contracts at one time. As the Hazardous Waste Coordinator for the ERD program, he developed and supervised the cleanup and removal of all hazardous waste found during the removal of earthquake debris for the Valley District.
• Tom Bradley International Terminal Facility Renovation- Masoud was responsible for development of the original conceptual study and consultant selection for the expansion of the Tom Bradley International Terminal at LAX. The work included upgrading the VIP Lounges for Airlines, Baggage handling area, U.S. Customs, ticketing, and a new bus ramp. • Seismic Repair of Hangars 901 8, 902 - Managed the design and construction for seismic upgrading of two large World War I1, aircraft hangars damaged during the 1994, Northridge earthquake in San Fernando Valley. In addition to the repair work these hangars were upgraded to bring them in compliance with current Building, MEP, and Fire Codes. This Project was allowed by the Board of Airport Commissioners to be awarded as a design -built Project due to its emergency nature and association with FAA, FEMA, and Insurance Carriers being involved with this Project.
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Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Service Road 75 and Bridge - Managed the construction and project close-out for a service road bridge and a mile of Service Road extension at LAX.
Control Tower Renovation - Managed the design and construction of the renovation of the old Control Tower at LAX. This project included removal of the old tower exterior louvers and installation of a new catwalk system and interior upgrades. • Airfield Signage and Lighting - Managed the construction of a major airfield signage project at LAX. This project included removal of many outdated airfield guidance signs in addition to new signs to comply with FAA requirements and to improve ground movement of aircraft traffic at LAX.
Van Nuys Bus Terminal — Managed remodeling of Van Nuys Bus Terminal building (Flyaway Terminal). This project consisted of seismic upgrading, re -roofing, a new walkway canopy, new ceiling, new floor, and many other upgrades to comply with the new safety and operational requirements.
• Boarding Facilities for Remote Aircraft Gates - He was responsible for conceptual planning, development of design and management of construction for the five remote two story buildings/Gates for boarding passengers. This project was conceived to provide support and relief to existing Gates at Terminals. These facilities were designed to be self-contained each with Boarding Bridges, holding rooms, pre- conditioned air and 400 HZ power supply. �+ ENGINEERS
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PLACENTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Iraj Mansouri, MSCE, PE — Certified Building Official and Plans Examiner Education:
• MS, Civil Engineering with
major structural courses,
University of Southern
California (USC)
• BS, Civil Engineering,
Tehran University
Registrations/Certifications:
• Registered Professional
Engineer, CA, No. 48429
Years of Experience: 35+
Yunus Rahi, PhD, PE, TE has 35 years of experience in major civil engineering, traffic and transportation engineering, and planning projects. He was the contract Deputy City Engineer for the City of Temple City, Consultant City Traffic Engineer for the cities of Alhambra, Temple City, Monrovia, Commerce,
Monterey Park, and San Bernardino; and Resident Engineer for public works construction projects funded by federal, state, and local governments. Vunus was the Program Manager for several capital improvement projects (CIPs) for local agencies and has successfully completed major civil, transportation and traffic engineering projects for local cities and agencies, school districts, private developers, as well as regional, County, state, and federal government agencies in Southern California.
Relevant Experience
Senior Plan Check Engineer, Sagecrest Planning+Environmental, Inc.
Plan checked different group occupancies with different types of construction for compliance with the editions of the adopted codes CBC, CMC, CPC, CEC, CALGreen, and California Energy Code.
Working two days a week as City of Placentia as Building Official to present time for about a year. Project Manager, Traffic Signal Plans, California Street and Baseline Road, City of San Bernardino, CA.
Senior Plan Check Engineer, JAS Pacific, Consulting Services.
Was assigned three (3) years to the Orange County Building Division, 2 years to Building Department of City of Yorba Linda and two (2) years to the Building Department of City of Rancho Cucamonga. • Quality control of plan checks of the major projects, which were performed by other plan checkers. Plan checked major complex projects of different group occupancies with different types of construction for compliance with the editions of the adopted codes CBC, CMC, CPC, CEC, CALGreen, and California Energy Code.
• Answered the applicants' questions on phone and met with architects and engineers to clarify any questions that they had from plan check corrections list. • Met with architects, engineers, developers, contractors, and homeowners to discuss the code requirements applicable to their projects.
• Prepared handouts and plan check corrections list to be used by plan checkers and permit technicians.
• Helped inspectors in inspecting complicated projects and code enforcers to cross reference the violations to appropriate building code sections.
• Assisted the building officials in making decision on applications for Alternate Materials and Method of Constructions and Unreasonable Hardships of Accessibilities. • Assisted the building officials in making decisions on applications for Alternate Materials and Method of Constructions and Unreasonable Hardships for required accessibilities.
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PIACENTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Senior Plan Check Engineer P. Acting Building Official, Building Division, City of Orange, CA. • Plan checked different group occupancies with different types of construction for compliance with the editions of the adopted Codes CBC, CIVIC, CPC, CEC, and California Energy Code. • Answered applicants' questions at counter and provided excellent customer service. • Met architects, engineers, developers, contractors, and homeowners to discuss the code requirements applicable to their projects.
• Acted as a liaison with different departments to be able to check most of the tenant improvements and additions at counter.
• Prepared handouts and correction list to be used by plan checkers and permit technicians. • Trained the permit technicians to be able to use handouts and close minor projects at counter • Acted as building official in absence of the building officials. • Helped inspectors in inspecting complicated projects and code enforcers to cross reference the violations to appropriate building code sections.
• Assisted the building officials in making decision on applications for Alternate Materials and Method of Constructions and Unreasonable Hardships for Accessibilities. • worked as acting building official for three years since the City didn't have a building official. .i.. II,IF1=26.1:YR CTU RE
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Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Jay Shih, MS, PE, CASp, CBO — Certified Building Official and Plans Examiner Education:
• MS, Geotechnical
Engineering
• BS, Civil Engineering,
University of Sao Paulo
Certifications:
• Registered Professional
Engineer, CA, No. 46841
• Qualified SWPPP
Practitioner Si. Developer,
No. 22265 Exp. 1/24/24
• Certified Access specialist
CASp-683 Exp. 4/7/2024
Years of Experience: 34.4 -
and lot merger in compliance with th
Jay Shih is a veteran civil engineer with 34 years of experience.
Jay has spent his career working for public agencies, providing highly skilled reviews and assistance to the public in
development projects as well as designing grading plans, SWPPP, WQMP and subdivision maps, performing topographic, boundary and ALTA surveys, and preparing soil and compaction reports.
Plan Check Engineer, Cities of Adelanto, Huntington Park, Artesia, and Montebello, CA.
Checks grading, drainage, low impact development, erosion control, SWPPP, and WQMP plans. Reviews soil, compaction, hydrology, and SUSMP reports. Reviews public sewer, storm drain, water, and street improvement plans including curb ramps in conformance with PROWAG. Provides input to
Planning Department in the drafting of Conditional Use Permits.
Reviews tentative and final tract maps, parcel maps for lot split, e Subdivision Map Act.
Plan Check Engineer, City of Corona, CA.
Checks ADA improvement plans for the City of Corona including 36 City parks grading plans, restrooms, handicap parking, playgrounds, and accessible routes. Reviews and inspects various City facilities for ADA compliance and makes recommendations on required improvements. Provides inspection and certification for completed improvements, including final walk-through and punch list. Provides design consultation and plan review services, from design through construction documents.
President, Pro Design Engineers Inc.
Performed boundary, topographic, and ALTA land surveys; designed grading, drainage, low impact development, erosion control and WQMP plans; designed retaining walls associated with grading plans; prepared hydrology analyses and WQMP reports; inspected grading and compaction; prepared tentative and final tract maps for single family residential development and condominiums, parcel maps for lot split, and lot mergers.
Director of Engineering, Community Redevelopment Agency, City of Los Angeles, CA.
Directed Engineering Department operations in revitalizing blighted communities within the city. Oversaw staff construction managers and inspectors in managing construction contracts. Checked tenant improvement, building rehabilitation, and public works improvement plans prepared by staff engineers and consultants prior to advertising and bidding construction projects.
Civil Engineer, Department of Public Works, City of Los Angeles, CA.
Checked subdivision maps and metes and bounds legal descriptions. Designed retaining walls and concrete bulkheads. Prepared public improvement plans including sidewalks, sewers, and storm drains.
Performed construction management of public improvements. �� ENGINEERS
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Proposal for Building and Safety Staff Augmentation
PLACENFTIT
City of Placentia —June 20, 2023
-f-us De Ancla —Certified Plans Examiner and Building Inspector Education:
• BA, Architecture,
Woodbury University, San
Diego
• AS, Architecture, Riverside
Community College
• AS, Natural Sciences and
Mathematics
• AS, Humanities and Fine
Arts
Certifications:
• ICC Certified Residential
Inspector
• Residential Plans Examiner
• Commercial Building
Inspector
• Commercial Building Plans
Examiner, No. 8356883
Bilingual:
• Fluent In Spanish
Years of Experience: 4
Jesus has four years as engineering and building examiner, three years as public works inspector and three years as architectural designer and drafting technician.
Civil Engineering Plans Examiner.
Checks grading, drainage, low impact development, erosion control, SWPPP, and WQMP plans. Reviews soil, compaction, hydrology, and SUSMP reports. Reviews public sewer, storm drain, water, and street improvement plans including curb ramps in conformance with PROWAG. Provides input to
Planning Department in the drafting of Conditional Use
Permits.
Building Plans Examiner.
Check commercial and residential plans for the Cities of Huntington Park, Bell Gardens, Adelanto, and Lynwood in our City of Industry office. He checks multistory apartment, office and mix -use buildings, public accommodations, commercial facilities, and tenant improvements in compliance with
California Building Standards Code including covered
multifamily dwellings adaptability, accessibility, means of egress, mechanical, electrical, and plumbing installations. Jesus conducts inspection for the County of Orange on a part-time basis, he performs daily inspection, issues notice to correct on violations, maintains files and reports for inspection and plan check activities and findings, tracks plan check and permit status from plans submittal to permits issuance, logs inspection requests, prepares field files for daily building inspection, and prepares Certificates of Occupancy after final inspection sign -off.
Public Works Inspector.
Responsible for processing encroachment permits and conducting public works inspections. Responsible for investigating public works construction -related citizen complaints, reporting observed safety violations to City Risk Manager, and reviewing and verifying a variety of construction documents, such as plans and specifications, permits, and cost estimates. Responsible for ensuring that all the permits given to construction are in accordance with legal contracts and for maintaining the uniform traffic control devices. Monitored all public complaints regarding construction and resolved them efficiently. inspected construction of sidewalks, curb ramps, street resurfacing, and installation of utilities. Inspected grading and compaction of subgrade, placement of subbase, base, and asphalt concrete surface mix, binder mix, base mix, and striping. Prepared daily log and inspection report entries issued notices to correct. Reviewed compaction report to ensure the compacted subgrade, subbase and base have the relative density specified in the construction documents. Reviewed fresh concrete test reports such as slump (ASTM C143), air content (ASTM C231), unit weight (ASTM C138), and temperature, data from these tests is helpful in assessing mix production and consistency in performance. Reviewed concrete cylinder test (ASTM C31) reports to verify compressive strength of concrete in 7 days and at 28 days. •et' ENG=INEERS
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PLACENTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Gary Huang, EIT— Plans Examiner
Education:
MS, Structural Engineering
and Structural Mechanics,
University of California,
Davis
BS, Civil Engineering,
University of California,
Davis
Certifications:
•
Engineer -in -Training (EIT)
Veers of Experience: 4
Civil Engineering Plan Checker.
Checks grading, drainage, low impact development, erosion control, SWPPP, and WQMP plans. Reviews soil, compaction, hydrology, and SUSMP reports. Reviews public sewer, storm drain, water, and street improvement plans including curb ramps in conformance with PROWAG. Provides input to
Planning Department in the drafting of Conditional Use
Permits.
Building Plans Examiner and Inspector.
Gary works as counter plan checker at the City of Adelento and checks commercial and residential plans for the Cities of Huntington Park, Bell Gardens, Lynwood, and Brea in our City of Industry office. He checks new shell buildings for warehouses and cannabis facilities, multistory apartment, office and mix -use buildings, public accommodations, commercial facilities, and tenant improvements in compliance with California Building Standards Code including covered multifamily dwellings adaptability, accessibility, means of egress, mechanical, electrical, and plumbing installations. Gary is especially talented in checking structural plans and calculations including wood frame, structural steel, and reinforced concrete; he is also knowledgeable in Chapter 11A and 11B of the California Building Code.
�� ENGINEERS
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19 I Pa e
Proposal for Building and Safety Staff Augmentation
PLACEN•rtA City of Placentia —June 20, 2023
Work Plan
Our primary approach is to serve as a direct extension of City staff while providing plan review and inspection services. We will always promote a team approach with City staff, developers, contractors, architects, and applicants. This approach, coupled with our administrative and management experience, will provide tight coordination and a common focus as we work with the public to move projects forward on schedule and within budget. We have significant experience in public works and development projects, some with high political visibility and public interest, and all with critical schedules, budgets, and site constraints.
Our plan check engineers, Jay Shih, Gary Huang, and Jesus De Anda, will provide over the counter and on - site plan checks at Placentia City Hall at least three days a week as requested in the City's RFP - possibly more, depending upon the amount of work assigned to them by the Plan Check Manager. Our staff will work at Placentia City Hall on scheduled days to conduct City business. Jay will check building, fire and engineering plans and perform CASp services, when requested by the Building Official or Plan Check Manager, while Gary and Jesus will check building plans, including architectural, structural, mechanical, electrical, plumbing, green, energy and disabled access plans.
Our plan checkers will provide their contact information, including their names, office and cell phone numbers and their email addresses, on their plan check correction sheets in order for applicants to obtain clarification of plan review comments or corrections. Our staff will also indicate the scheduled days they will be at Placentia City Hall should an applicant decide to meet with them in person to go over their plan check corrections.
Sequential Activities
Our plan reviewers are fully certified and knowledgeable in construction materials, methods, codes, and standards in the field for which they are performing plan review. Furthermore, Infrastructure Engineers offers electronic plan check capabilities through our E -Plan Soft program. Electronic plan checking, although not new technology, is becoming more of a necessity than a convenience for many local governments for the simple reason that it helps to expedite the processing and completion of building plans that, under the current manual method, are time consuming, prone to technical difficulties and are costly and inefficient to track.
Infrastructure Engineers' staff will interpret and administer codes to provide information to the City and the public, offer specialized technical support for any code enforcement, perform onsite inspection services of projects when requested, participate in public and internal staff meetings when directed, and provide outstanding customer service at the counter to all walk-in customers and inquiries by phone.
We will maintain up-to-date files in electronic format or hard copies and in the City's system, adhere to building and safety operations and provide any suggestions for improvement to provide superior service.
Most importantly, work closely with other City departments to ensure excellent service to internal and external customers.
Application Review
Infrastructure Engineers' plan reviewers will provide a comprehensive review of the submitted signed application for building permit in its entirety including address, owner or architect or professional designer of the building or structure. The application will also be checked for proposed type of occupancy and use, type of construction, fire zone, square footage, description of work, and determine the appropriate valuation of the proposed project.
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1'LAC City of Placentia —June 20, 2023
Proposal for Building and Safety Staff Augmentation
Plan Check
Our plan checkers will determine if the proposed building or structure meets the allowable design criteria based upon the occupancy and use, square footage, height, and type of construction limitations. The scope of review is related to the level of difficulty of the project.
Our plan checkers will review submitted plans for completeness including architectural, structural, plumbing, electrical and mechanical systems, site plan, foundation plan, floor plans, elevations, framing and roof diaphragm plan, sections and details, structural calculations, soils reports, mandatory residential and non-residential energy conservation requirements, and ADA accessibility requirements. Also, as a routine part of our plan check services, we determine if outside approvals are required from the local fire protection, health, environmental, Cal -OSHA or Southern California Air Quality Management District (SCAQMD), or other agencies.
Checked prints will be accompanied by two copies of written correction lists (or City format list). Staff will utilize standard inspection forms and correction notices. Questions regarding plan check comments and inspection corrections will be explained to the designer of record and contractor to clarify proper compliance.
Building Inspection Services
Infrastructure Engineers' inspection staff will support City staff in performing structural, mechanical, plumbing, electrical and combination inspections of buildings and structures in conformance with the California Building, Mechanical, Plumbing, Electrical and Energy Codes, and City codes and ordinances.
The position is responsible for all building inspection services, including residential and commercial inspection of all building trades, site visits, completing building logs/records, including, but not limited to the following:
• Inspect building and structures for which building permits have been issued, for compliance with the approved plans and applicable codes and ordinances.
• Inspect for compliance with conditions of approval set forth by the City's Planning and Community Development Department, Public Works, Planning Commission, and/or City Council. • Enforce conditions of approval associated with discretionary permits regarding building and safety regulations, as adopted by the City. • During inspections, review for compliance with code, accessibility, building, electrical, mechanical, and plumbing work, etc. Issue stop/correct work notices, or notices of violation when violations of the above referenced codes and regulations occur. • Provide special inspections and conduct investigations as directed by the City, including field and office research and the preparation of letters and/or documents- • Address resident building inquiries and resolve complaints. • Assist in processing public records requests (as needed). • Assist in construction and demolition debris recycling program (as needed). • Provide Building Code Abatement Inspections (including lien process, as needed). • Maintain records and prepare documents for storage and/or imaging.
Plans are submitted to
the City for review and
permit issuance
Atilt° City's discretion, plans are
submitted electronically for review
Once review is completed, comments
and redlines will be available for
review by applicant and City staff
Applicant responds tO comments and
�p[Oads reeined slteetet0 electronic
Prari tilvfdim *Bo forroeheck 9
Infrastructure Engineers' staff
approves plan electronically and
requests wet -signed and stamped
hard cooles to be submitted for our
approval stamp_
40' ENGINEERS
• Bowman company
Approved ptans
are returned to
the City
21 I ? a g e
i
PI.AC
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
Permit Processing Counter Service
Infrastructure Engineers' Linda Guzman will provide permit processing counter operations located at City Hall. Linda has appropriate computer skills to quickly learn the applications and quality customer service skills on a part- or full-time basis. Again, with the utilization of electronic plan checking, counter operations will become more efficient since permits will be easier to track and process.
Communication is essential between the counter technician and the applicant, architect, or contractor.
The building permit technician will log plan checks, issue permits, take all inspection requests, answer common questions and keep accurate records of the City. Because the technician is the initial contact with the applicant, it is important for this person to represent the City in a professional and friendly manner.
Linda understands this through her years of providing services to several Southland cities.
Proposed Enhancements
SB 1608 CASp Inspection
New commercial and multi -family buildings and major tenant improvements may also be inspected by Jay Shih, who is a CASp, upon City's request, to fulfill the requirements as a retained consultant per Senate Bill 1608 and to comply with California Civil Code 55.51-55.53. This law requires a local agency to employ or retain at least one building inspector who is a Certified Access Specialist: "The CASp shall provide consultation to the local agency, permit applicants and members of the public on matters of compliance with state construction -related accessibility standards with respect to inspection of a place of public accommodation that relate to permitting, plan checks, or new construction, including but not limited to, inspections relating to tenant improvements that may impact access." Development or Adaptation of Technology to Conduct Electronic Plan Review We have had a great deal of experience checking a -plans and exchanging plans and correction sheets electronically with applicants throughout the approval process. Our clients in the Cities of Corona, Lynwood, and Montebello only accept plans in electronic format, while other cities we serve accept both paper and electronic plans. When plans are approved, we will electronically stamp approval on the PDFs and email them back to the applicants and copy City staff.
We maintain a plan check log for each City we serve. These logs are available to City staff upon request.
We have a complete set of the most recent California Building Standards Code in our San Bernardino and San Gabriel Valley office, including Building, Residential, Mechanical, Electrical, Plumbing, Fire, Energy, Green, Historical and Existing Building Codes, and we check plans according to these codes. 22 !Page
INFRASTRUCTURE
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Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
When applicants submit plans electronically via PDF, City permit technicians will email the PDFs to our plan check supervisor. Our team will note corrections in red mark on the PDFs using Adobe Acrobat Pro DC and email the red marked PDFs and the correction sheets directly to the applicants within 10 days, or 5 days for rechecks. The applicants may email the revised plans directly to Faye for rechecks. We will exchange plans and correction sheets for rechecks directly with applicants and copy the City permit technicians in all correspondences, until the plans are approved. We will also mark at the bottom of each electronic plan whether it is 1st, 2nd, 3rd, or subsequent submittal, we will indicate on the plan check correction sheet and on the project log whether it is the 1st, 2nd, 3rd or subsequent check. We will identify, document and address all of the corrections prior to plan check approval.
IE staff will log in all plan check submittals and resubmittals on a project log spreadsheet in order to maintain an up-to-date record of plan check status. She will then file all correction sheets and a -plans in e -folders.
Architects, engineers, and applicants are encouraged to meet with our plan checker to discuss plan check comments.
When the plans are approved, the applicant will be instructed to route as many sets required by the City of paper plans to all entities required by City Building and Safety for clearance, such as Planning, Public Works (driveway approaches and curb ramps), Engineering (for grading, erosion control and low -impact development [LID)), County Environmental Health Division (for restaurants), Placentia Fire Department (for new commercial buildings, fire sprinklers, fire alarms, and H occupancies), and SB County Sanitation District (for new laundry facilities), to name a few. \A/hen all of the clearances have been obtained by the applicant, we will collate, stamp and sign plans, specifications and calculations, and deliver them to the City via courier, with a third set of unstamped plans for the County Assessor's Office. We will also a -stamp and a -sign PDF plans and email them to City permit technicians or upload them to the City's electronic file storage system.
a
Infrastructure Engineers offers
the trouble -free and easy
submittal process of electronic
plan checks, offering a more
efficient review and approval
across departments.
When required, we will pick up and deliver plans to the City using GLS Delivery Services at no charge to the City. We will perform all plan check work in our City of Industry of Brea offices, unless the City requires plan checks to be performed at City Hail, or if the City requires our plan checker to meet with an applicant at City Hall. All our plan checkers are licensed civil engineers, Certified Access Specialists, and ICC-certified residential and commercial plans examiners. Their licenses and certificates are listed in their resumes.
We agree to comply with and be bound by all applicable federal, state, and county laws, rules, and regulations, as well as by the City of Placentia municipal code. We will obtain, at our own expense, all necessary licenses and permits, including but not limited to those required by the City of Placentia, to perform the services required in the City's RFP.
If IE staff is required to work overtime on a business day, regular hourly rates would apply.
Expedited Plan Check Service - We can also provide expedited plan check services. Safeguarding documents by maintaining a precise chain -of -custody is of extreme importance.
Estimated Plan Review Durations —Infrastructure Engineers will provide fast -track plan review services when directed by the City.
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Proposal for Building and Safety Staff Augmentation
PLACENTIA
_ City of Placentia —June 20, 2023
The City requires a Project Manager to respond to inquiries from City departments, outside agencies, contractors, utility companies, or the general public. The City needs an engineering company with a wide variety of resources and expertise to handle the varied and complex capital improvement projects and programs. The engineering team must be familiar with Green Streets designs and Complete Streets concepts. The engineering design team must complete projects and prepare plans and specifications in accordance with general engineering practices and in compliance with funding source requirements. The engineering design team will also oversee bidding processes and contract awards that meet the City's standards. The Construction Manager must understand the sensitivity of the documentation, traffic control, public outreach and funding requirements.
Understanding the City's budgeting format, procedures and practices is vital. Experience in managing various funding sources for the City's projects is essential and demonstrated capability and resources to apply for grants as well as compliance with funding sources' requirements is necessary. Ultimately, the City needs a firm that can engage and manage the members of its organization as extensions of City staff.
The Director of Public Works/City Engineer and engineering team members must gain the respect and confidence of City staff in their ability to carry on this important responsibility. We see no major issues with regard to the City's RFQ nor the services requested; our experienced team is able to meet all the City's engineering, plan review, construction management and inspection and NPDES compliance needs.
Based upon the City's RFP and our understanding and knowledge of the City, we offer a team that is exceptionally qualified to provide professional engineering services for the following reasons:
• We have provided these very services to other cities in the Los Angeles/San Gabriel Valleys. We have a deep understanding of the City and its needs.
• We specialize in providing services to municipalities and are able to streamline complex projects, which enables us to meet expedited project schedules.
• We are familiar with the City of Placentia, its staff and the community, which will save the City valuable time by eliminating the learning curve.
• All our team members have extensive experience in all facets of municipal engineering, including city traffic engineering, design engineering, construction management and inspection, and stormwater compliance.
• The individuals assigned to the City are supported by our entire staff of professionals and support personnel, thereby ensuring that our staff and services are responsive to the City's needs. • For the past 1S years, we have been successful in applying for and receiving grant funding for various public works projects and our team is very familiar with grant writing and funds administration of public works projects.
Understanding of Public Contracting, Capital Improvement Processes: IE understands the public procurement process and are committed to the integrity of the system. Competitive bidding is paramount to ensure fairness, efficiency, and security in the construction of public facilities with the goal of awarding timely and cost-effective contracts to qualified contractors, suppliers, and service providers for the provision of goods, work, and services to support government and public services operations. The process is made up of five key phases, beginning with planning and forecasting acquisition needs to prepare the solicitation and ends with administering the awarded contract. �f ENGINEERS
24 I Page
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PLACENTA
Public Contractine Process
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
The lead public agency
prepares a competitive
solicitation
The lead agency issues
the solicitation and
conducts pre proposal
meetings
Interested suppliers
respond to the
solicitation
The lead agency
evaluates the responses
and awards the master
agreement
Award documentation
is available to the public
The capital improvement process must consider the community's present and anticipated financial standing in order to be viable and effective. As well, the capital improvement program should be regularly reconsidered and readopted each year to permit a re-evaluation of anticipated expenditures, and to permit adjustment in light of items such as changed financial conditions, technology, costs, material and manpower availability. A guide to implement the process is represented in the graphic below.
Capital Improvement Process
Identifying Funding
and Prioritizing
Projects
Budgeting for the
CIP
Identifying Needed
CIP Projects
Implementation of
the Projects in the
Approved CIP
Budget
Possible Issues and Solutions: The capital improvement process is not free from obstacles and limitations.
The program is only a compilation of projects proposed by operating departments; it is, in a way, a high type of clerical task, rather than a planning task. Projects originating from operating departments should be checked to see that they are not in contradiction to over-all development plans for the community, but since many of them are more maintenance and operating improvements than proposals to markedly alter the form of the community, these projects are not likely to be in contradiction to future development plans.
Associated with this is the belief that, by the time the project has been so formulated as to have exact cost estimates, engineering detailing must be undertaken. It is not the job of the planning commission to pass upon the engineering correctness of a proposal, nor to check each financial estimate. Also, by the time a proposal has been carried to engineering detail stages, the particular proposal is generally solidified — it can either be accepted or rejected but cannot easily be modified.
Work Plan for Construction Management and Inspection Services: For projects requiring Construction Management 84 Inspection, our team will provide professional inspection services to include reviewing and ensuring compliance of plans and specifications to adhere to Cal/OSHA standards, CCO, permits, California Building Code, and ASTM standards; attending construction meetings and effectively communicating with the Contractor, City staff, property owners, and the public; performing project oversight and alerting the Contractor of any unsafe conditions; maintaining daily diaries and recording incident reports; reviewing daily reports, progress payments, contract change orders, and invoices; forwarding Daily Inspection Reports and associated photographs to the City representative and Contractor each evening after the conclusion of daily construction activities; documenting Contractor delays; and serving as an advocate to the City to ensure the project is progressing smoothly and without deficiencies. i N FioA9TF3Ll I -I IR
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1 PLACENTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
How Scope of Services Will Be Implemented: IE is equipped to handle all the services listed in the RFQ.
We will act as an extension of the City of Placentia by establishing a sound working relationship with the Director of Public Works/City Engineer to understand specific resource needs and how best to fill them.
Our basic objectives are:
• Deliver products that satisfies the City's needs
• Improve project delivery performance with relation to quality, scope, schedule and cost • Complete the task right the first time
• Anticipate and respond to issues before they become problems by focusing on critical areas • Communicate continuously and effectively with stakeholders • Manage change and risk
Phase 1 — Initiating 8, Planning: This is a
very crucial step, and we pledge to work
closely with the City to pre-set parameters
during the construction of the project. Our
team will schedule and conduct a kick-off
meeting with the City and stakeholders
within a week of the notice to proceed. This
results in all parties getting familiar with the
project issues and increases the team
awareness of priorities. The project schedules will be prepared consistent with the City's desired expectations and presented to the Project Manager. All milestones and tasks will be clearly defined and discussed with the City in addition to any oversight agencies such as Caltrans to ensure that all durations are reasonable and adequate.
Phase 2 — Execution & Controlling: In the development and execution of these services, there are several technical areas that are key to the success of any of these types of projects. Technical expertise is key to minimizing risk, and the following highlights some of the key areas. During this phase we will mobilize our staff and maintain regular contact throughout the project to keep abreast with the personnel needs, provide guidance and support to the assigned personnel and monitor performance.
Phase 3 — Project Closeout: The final task is to archive hardcopies and electronic files for the administrative and technical documents for the entire project. Keeping accurate and comprehensive records is vitai to avoiding potential change orders and claims during the construction phase. IE understands the importance of filing and archiving project records for future retrieval.
Capacity of Firm: IE possesses all the skills and resources to effectively execute on -call contracts. Our Project Work Plan is based on achieving total client satisfaction by closely tracking all project personnel performance and field activities, maintaining invoicing accuracy, enforcing strict labor compliance regulations, and maintaining the proper protocol and etiquette in communication.
Construction Management Task Order Process
The chart below details our process from task order receipt to contract close-out.
PHASE I
Initiates and plan or,
addressing City's
needs, dearly define
each milestone, and
commit to delivery.
PHASE 2
EMe,Clrte arid control
all rC-4uired _asks
.w)tl, t llc R I Gt it
exlxc-riNncad waft. All
Q.11/0.C procedure,
...rill be enforced snd
]la=id aCGOUntable.
PHASE 3
Archive files and
records with
accurate and
comprehensive data
to avoid and resolve
any claims.
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�� ENGINEERS
Bowman comae ny
26 ;'age
eLACFNTIA
Develop Task Order
with
City Staff
• Review City's
Needs
• Develop Scope of
Work
• Review Proposed
Staff
• Review
Equipment
Needs
• Check Prevailing
Wages
• Submit Budget
• Negotiate Task
Receive Task Order
and
Start Project
• Determine Staff
Orientation and
Equipment
Needs
Provide Task -
Specific
Orientation
• Provide
Equipment and
Reference
Materials
Proposal for Building and Safety Staff Augmentation
Deploy Qualified
Staff and Monitor
Performance
• Introduce Team
Staff to City
• Visit Project Site
• Review Staff
Performance
with City
• Conduct
Performance
Evaluation
City of Placentia —June 20, 2023
Perform Reporting
and Budget
Tracking
• Issue Monthly
Progress Report
• Issue Monthly
Invoices
• Track Invoices
• Anticipate Future
Needs
Perform Contract
Close -Out
• Issue Final
Invoice
• Review
Performance
Evaluation
• Implement
Feedback
Work Plan for Project Manager: Our Program Management team will ensure full cooperation of its assigned program with other consultant teams and all stakeholders. We will be engaged to contribute to the completion of a successful project through meeting the project goals, schedule deadlines, budget management, monitoring and execution of specific program requirements. Program Management services the IE team provides include the following:
• The Project Manager and all assigned support staff will attend meetings with the City Council, Planning Commission, City staff, public officials, community leaders, developers, contractors, and the public, when directed by the Director of Public Works/City Engineer, Director of Community Development or City Administration.
• The Project Manager will prepare and present a bi-weekly status report on all engineering activities to the Director of Public Works/City Engineer. • The Project Manager will provide consultation and recommendations on various engineering issues, including traffic congestion, street signs and water services. • The Project Manager will research engineering questions and issues and provide recommendations and solutions.
• The Project Manager will make recommendations regarding land development project control. • The Project Manager will establish and maintain effective working relationships with City staff, utility companies and other agencies, as needed.
• The Project Manager will meet with City staff to review the Capital Improvement Plan (CIP) and specific projects. On an on -going basis, the Project Manager will review project scope, schedules, cost estimates and review plans, specifications and estimates (P5&E). The Project Manager will maintain a plan review comment and correction log for all capital projects. 'Es' internal process includes a final review of this log prior to recommendation for approval of the plans.
Work Plan for Engineering Design Services for Public Works Projects: IE will provide full engineering design services in support of public works projects. Under the direction and supervision of the Director of Public Works/ City Engineer, our team of engineers will take the following approach to engineering projects:
• Develop or review traffic signal design, including warrant studies, surveys, research, and traffic impact analysis.
• Provide civil engineering design services for various CIP projects, including the preparation of PS&E.
_• ENGINEERS
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27 I
Proposal for Building and Safety Staff Augmentation
PLACF.NTIA
City of Placentia —June 20, 2023
• Provide value engineering services.
• Develop grading, drainage and floodplain studies when requested. • Prepare site development plans.
• Prepare pedestrian and bicycle master plans.
• Update sewer and storm drain master plans.
• Develop stormwater and BMP system design, including erosion and sedimentation control. • Conduct hydraulic and hydrologic studies.
• Provide sewer capacity studies.
• Develop a master schedule for all phases of the assigned program and all capital projects contained in the program, including clear identification of milestones for all facets of work. • As part of IEs' internal project procedures, all project staff participates in monthly project status meetings with firm principals. The meetings serve as an additional control to ensure all projects move forward on, or ahead, of schedule, and resources are allocated as needed. Furthermore, the meetings allow our staff to be continually aware of project status, schedule, and milestones. • Convene an initial meeting with key design team members and City Public Works staff to review and confirm detailed project scope, schedule milestones, construction objectives, and other pertinent project details. During this meeting, design criteria and parameters will be discussed and established for each of the various elements and incorporated into the project. • Perform land surveys for the project.
• Perform a site investigation to evaluate the existing condition of items pertaining to the design.
During this investigation, locations of damaged or distressed features will be inspected, confirmed, and summarized, if required. Americans with Disabilities Act (ADA) accessibility compliance will be reviewed, and non -compliant features noted. Existing drainage patterns will be reviewed for street projects so that any changes to eliminate ponding can be identified. • Conduct fieldwork to verify the locations of surface utility features within the project limits.
During the field investigation, validate the locations of other special features and items such as traffic signal loops. In conjunction with information researched, notify affected utility companies of the impending project. Surface features requiring adjustment will be identified and properly coordinated with the corresponding utility company.
• IE will prepare as -built plans based on the red mark-up plans provided by the contractor at the end of project construction and submit them to the City for their retention and filing.
Work Plan for NPDES Compliance and Assistance: On December 13, 2001, the County of Los Angeles received an MS4 National Pollutant Discharge Elimination System (NPDES) Permit from the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB), which regulates what can be discharged into our waters and requires the county and all 84 incorporated cities within the County responsible for ensuring and enforcing compliance. The permit requires all cities to control and reduce pollutants entering the storm drain system from residents and businesses by means of a comprehensive Stormwater Quality Management Program (SQMP).
I will perform the following services:
• Assist staff with meeting the overall requirements of the General NPDES permit, including staying current of any changes of the permit and implementing innovative techniques and BMP programs and measures designed to facilitate compliance with the permit. • Compile and review documents for the preparation and submittal of the City's Annual NPDES Report.
• Assist staff in keeping accurate and current records of required information of all construction and post -construction projects pertinent to the annual report. �1. ENGINEERS
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PLACENTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
• Review compliance -related documents and prepare required reporting documents. • Review Storm Water Pollution Prevention Plans (SWPPP) for compliance. • Develop and impletion requirements, including comprehensive 8MP measures and maintenance schedules for developer to comply with.
• Perform commercial and industrial inspections per the requirements of the NPDES permit. • Update and implement an Illicit Connection/Illicit Discharge detection and elimination program. • Represent the City at various Industry meetings and workshops, including, but not limited to, Executive Action Committee meetings, applicable Watershed Management Committee meetings, Los Angeles Regional Water Quality Control Board meetings and workshops, to keep current on any changes to requirements or recent innovative compliance techniques and practices for potential modifications to the City's SQMP.
• Prepare periodic bulletins containing current issues and any new information items that are of interest to the City, including the new documentation and highlights from meetings and workshops.
• We will provide annual training on all procedures and practices for each of the program components.
• IE staff can assist the City in developing and implementing requirements for developers to adhere to when developing their SWPPPs, which will include the rationale for the selecting or rejecting construction site BMPs and include comprehensive maintenance schedules.
FEDERAL REQUIREMENTS: IE is fully versed in the compliance requirements to obtain, expend, and close out the various federal and state funds used for public works projects. We have successfully utilized federal funds through Caltrans, CDBG funds through HUD, FTA funds through Metro and state and local funds. At the agencies we serve, all projects have been fully funded by the agencies with no funds being returned for compliance issues. The IE team has written and been awarded countless grants for our clients in the past, including many funding sources that our clients were not aware of. We are always on the lookout for funding sources for public works projects. Some of the grants we have obtained for clients include Safe Routes to School, Highway Safety Improvement Program, Metro Call for Projects, Active Transportation Program, RAC Grant, SB 1, State Transportation Improvement Program, Interregional Transportation Improvement Program, Regional Transportation Improvement Program and State Highway Operation and Protection Program, among others.
Managing Resources
QA/QC Quality assurance and quality control (QA/QC) are top priorities for IE. Producing engineering and compliance documents of the highest caliber is what keeps us in business. Our QA/QC practice involves a comprehensive process to ensure delivery of quality products and services to meet your stringent criteria.
IE appoints an experienced and qualified QA/QC reviewer to provide leadership and guidance in producing complete and comprehensive documents to meet all industry standards as well as the City's expectations.
Our monitoring and inspection documents will result in meeting the City's expectations and will provide clear understanding to your staff and constituency of all related requirements.
Key elements of our quality control are the assignment of skilled personnel who are experienced in the discipline, effective and constant communications, and monitoring of project progress. The quality control process includes the following principles:
• Maintaining regularly scheduled project staff meetings for reviewing work status, reviewing technical elements of the project, coordinating and interfacing of activities, reviewing budget parameters, and discussing upcoming activities and responsibilities. • Internal (peer review) audits of municipal services for quality, accuracy, and completeness.
ENGINEERS
Bowman company
29 I Page
r I
PLACENTIA
Proposal for Building and Safety Staff Augmentation
City of Placentia —June 20, 2023
• Strictly and rigorously following IE-developed QA/QC standards and guidelines. • Review by the Project Manager prior to submittal to assure services meet all standards and codes, project goals and objectives, and contract requirements. • QA/QC of design documents are carried out by our highly experienced and licensed professional civil engineers.
• Constructability reviews during the design phase are carried out by our experienced construction managers and inspectors.
Maximum Proposed Turnaround Times:
Type of Project
Turnaround Time
Grading plans and WQMP
Street improvement plans
Water and sewer pipeline and MEP plans
Tenant improvement plans
Structural plans and calculations
Tentative and final tract and parcel maps
Records of survey and lot line adjustments
Easements, vacations, and dedications
Expedited Plan Check Project
7 working days
7 working days
7 working days
7 working days
7 working days
15 working days
15 working days
14 working days
7 working days
It is proposed that the assigned staff will work in the Building and Safety Division during regular business hours, or as directed by the City. The hours can be adjusted with the City's authorization. While in the office, our staff will respond to counter and phone inquiries and provide minor plan checks.
Hourly Rate and Not -to -Exceed
Team Member
Iraj Mansouri, MSCE. PE
Not -to -Exceed
IN FRA.TRUCTURE
ENGINEERS
a Bowman company
$115/h r.
$40,000
30 I e 3
EXIi1131 T R
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Infrastructure Engineers
Rev. 08/2017
ACCoRb® CERTIFICATE OF LIABILITY INSURANCE
Ii........./
DATE(MMIDD/YYYY)
07/18/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Klein Agency, LLC
P.O. Box 219
Timonium MD 21094
CONTACT
NAME:
PHONE (410) 832-7600 FAX (410) 832-1849
(NC, No, Est): (NC, No):
E-MAIL certs©kleinagencyllc.com
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Charter Oak Fire Insurance Co
25615
INSURED
Infrastructure Engineers, a Bowman Company
3060 Saturn Street
Suite 250
Brea CA 92821
Travelers Property Casualty Co. of America
INSURER B : p
25674
INSURER C : Berkley Insurance Company
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
22-23 Infrastructure Engi
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXPLTR
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
6306J047645
08/31/2022
08/31/2023
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
�/
X
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 1,000,000
MED EXP (Any one person)
$ 10,000
X
Contractual Liability
PERSONAL&ADVINJURY
$ 1,000,000
GEN'L
AGGREGATE
X
LIMIT APPLIES
PRO
JECT
PER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS-COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE
X
_
-
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
-
_
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
8108T020400
08/31/2022
08/31/2023
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
B
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
CUP6J395074
08/31/2022
08/31/2023
EACH OCCURRENCE
$ 25,000,000
AGGREGATE
$ 25,000,000
DED
RETENTION S
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N
NIA
UB6J317115
Y / N 1,000,000
08/31/2022
08/31/2023
X
PER
STATUTE
H
ER
E. L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
S 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
C
Primary Professional & Pollution Liab /
Excess Professional & Pollution Liability
AEC905795802N3349C220101
08/31/2022
08/31/2023
Each Claim/Aggregate
Excess Each Claim/Aggr.
Total Limits:
5,000,000
5,000,000
10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All operations. If required by an insured written contract, executed prior to any loss, The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are an Additional Insured on a primary and non-contributory basis under the General and Auto Liability Policies.
If required by an insured written contract, executed prior to any loss, Waiver of Subrogation is provided for General, Auto, and Workers Compensation Policies. Umbrella Policy follows form over General, Auto, and Employer's Liability Policies. 30 day notice of cancellation, 10 day for non-payment.
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
401 E. Chapman
Placentia
CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Form W-9
(Rev. October 201e)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
► Go to unviv-irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester_ Do not
send to the IRS.
ui
0 es
o
�
0 'a
2 tc
y
u)
A
1 Name (as shown on your income tax return). Name is required an this line; do not leave this line blank.
Bowman Infrastructure Engineers Ltd
2 Business name/disregarded entity name, If different from above Infrastructure Engineers, a Bowman Company
3 Cheek appropriate box for federal tax classification of the person whose name Is entered on line I. Check following boxes.
I= Individual/sole proprietor or Il C Corporation El S Corporation Q Partnership single -member LLC
Q Limited liability company. Enter the tax classification (C>.C corporation, SmS corporation, P. —Partnership) Partnership)
Note: Check the appropriate box In the line above for the tax classification of the single -member owner.
LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single is disregarded from the owner should check the appropriate box for the tax classification of Its owner. 1 r--� , Other (see instructions) ►
only onto of the
0 Trust/estate
4 Exemptions
certain entitles,
Instructions
Exempt payee
Exemption
code (If any)
(MPr a ta •ccvuntz
(codes apply only to
not individuals; see
on page 3):
coda (If any) N/A
from FATCA reporting
N/A
Do not check
of the LLC is
-member LLC that
m• ...ma out•la the U 3J
6 Addresa (number, street, and apt. or suite no.) See Instructions. 12355 Sunrise Valley Drive, Suite 520
Requester's name and address (optional)
6 City. state, and ZIP code
Reston, VA, 20191
7 List account number(s) here (optional)
axpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer Identification number (EIN)_ If you do not have a number, sea Now to get a TIN, later.
Note: If tha account is in more than one name, see tha instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
or
Employer Identification number
9 2
3 9
9 8
4 7
7 Part 11
Certification
Under penalties of perjury. I certify that:
1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) 1 have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that i am no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this forth of any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt. contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends. you are tlequlred to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later.
Sign
Here
Signature of
U.B. person ►
General instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9_
Purpose of Form
An individual or entity (Forth W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN). individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an Information return tha amount paid to you. or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Forn 1099-INT (interest earned or paid)
-r
Ica -sr ESO_cap
Uate ►
06/07/2023
Form 1099-DIV (dividends, Including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Forn 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later.
Cat. No. 10231x
Form W-9 (Rev. 10-2016)
/
A� o® CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
08/31/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Klein Agency, LLC
P.O. Box 219
Timonium MD 21094
CONTACT Certificate Department
NAME:
(HCC ONE , EXt): (410) 832-7600 AX FAX, No): (410) 832-1849 E-MAIL [email protected]
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Charter Oak Fire Insurance Co
25615
INSURED
Infrastructure Engineers, a Bowman Company
3060 Saturn Street
Suite 250
Brea CA 92821
INSURER B : Travelers Indemnity Co. of Am
25666
INSURERC: Travelers Property Casualty Co. of America
25674
INSURER D : Berkshire Hathaway Specialty Insurance
22276
INSURER E : Beazley Insurance Company
37540
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
23-24 Infrastructure Eng.
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
CLAIMS -MADE
Contractual Liability
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
JECT
POLICY
OTHER:
X
LOC
6306J047645
08/31/2023
08/31/2024
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 1,000,000
$ 1,000,000
$ 10,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
MED EXP (Any one person)
PERSONAL &ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
AUTOMOBILE LIABILITY
X
B
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
8108T020319
08/31/2023
08/31/2024
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
C
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
DED
RETENTION $
CUP6J395074
08/31/2023
08/31/2024
EACH OCCURRENCE
$ 25,000,000
$ 25,000,000
AGGREGATE
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N
N/A
UB6J317115
08/31/2023
08/31/2024
X
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
$ 1,000,000
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
D/E
Primary Professional & Pollution Liab /
Excess Professional & Pollution Liab
47-EPP-330666-01
08/31/2023
08/31/2024
Each Claim/Aggregate
Excess Each Claim/Aggr.
$5,000,000
$5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All operations. Endorsements CGD414, CGF475, CAF227, CAF129, WC000313 are attached. If required by an insured written contract, executed prior to any loss, The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are an Additional Insured on a primary and non-contributory basis under the General and Auto Liability Policies. If required by an insured written contract, executed prior to any loss, Waiver of Subrogation is provided for General, Auto, and Workers Compensation Policies. Umbrella Policy follows form over General, Auto, and Employer's Liability Policies. 30 day notice of cancellation, 10 day for non-payment.
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
401 E. Chapman
Placentia
CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
RESOLUTION NO. R-2023-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2023-24, via Resolution No. R-2023-82, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
_ Department
GL Account
Amount
Type
Plan Check Services
Expenditures
related to contract
services
Development
Services
102532-6290
$75,000
Expense
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2023-82