CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
THIS AGREEMENT is made and entered into this 21ST day of November, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Infrastructure Engineers, A Bowman Company, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on-call civil engineering services 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 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 independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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 2 Rev. 08/2017
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. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A." Consultant's total compensation shall not exceed Five Hundred Thousand Dollars ($ 500,000.00).
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." 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 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 3 Rev. 08/2017
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 three years, ending on November 21, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. One (1) two-year extension is available on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three-year term.s
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 the date of City's written notice of termination within thirty-five (35) days after service of the 4 Rev. 08/2017
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 Tess 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 Rev. 08/2017
Before execution of this Agreement by the City, the Consultant 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 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 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 consultant 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 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 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."
6 Rev. 08/2017
(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.
6.3. Proiect Manaaers. 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 7 Rev. 08/2017
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 Street, #250
Brea, CA 92821
Tel: 714-940-0100
Attn: Sid Mousavi
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8132
Attn: Chris Tanio
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 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 without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, 8 Rev. 08/2017
and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected 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 mariner, 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 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. 9 Rev. 08/2017
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.
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.
10 Rev. 08/2017
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 or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. 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 11 Rev. 08/2017
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 R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
CONSULTANT — Infrastructure Engineers, A Bowman Company Ste,114-Maw 11/8/2023
Date:
Signature
5i d Nlousavi
Sid Mousavi, Senior Principal
92-3998477
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
12 Date:
Rev. 08/2017
APPROVED AS TO INSURANCE:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
C,LVtS tout,
Chris Tanio, Deputy Director/City Engineer
DEPARTMENTAL APPROVAL:
alis fsft u
Luis Estevez, Deputy City Administrator
13 Date:
Date:
11/8/2023
11/8/2023
Date:
Rev. 08/2017
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 Rev. 08/2017
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Rev. 08/2017
Letter of Transmittal
INFRASTRUCTURE
�� ENGINEERS
a Bowman company
October 26, 2023
Chris Tanio, PE
Deputy Director / City Engineer
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
RE: On -Call Civil Engineering Services
Dear Mr. Tanio:
Infrastructure Engineers (IE), a Bowman company is honored to provide our qualifications for On -Call Engineering Services. IE has a reputation of meeting the expectations of our clients by employing experienced staff who understand civil engineering and have a solid foundation of the inner workings of the municipal office and public works process. Over 90% of our staff have worked for city governments as employees. We believe IE is your best choice to provide the requested services for the following reasons:
Aidan Mousavi, MBA, PE, QSP / QSD, our proposed Project Manager has over 12 years of experience in various civil and traffic engineering disciplines. He also has experience with contract administration, design and regulatory compliance. Aidan has worked in various cities serving as CIP manager gaining a set of skills that assists municipalities with quality design and helps keep them within budget and schedule.
IE staff exclusively service local agencies and have an extensive history of successfully providing a wide range of services. Our experience minimizes any training for managing CIP projects, which results in cost savings to our clients. We encourage the city to contact our references and confirm our successful track record with each client that we have had the privilege of working for.
We understand the city is often faced with budget constraints. IE has a history of successfully delivering projects with very limited budgets. We are committed to working with the city to keep your project on time and within budget.
Due to our experience dealing with many complex development projects, we bring fresh, new ideas to solve challenging issues facing any development project. Our staff rises to these occasions by working collaboratively with the city to find sound engineering design solutions. We possess the talent and capabilities to provide the city with the services described in the RFQ while maintaining your strict budgeting priorities.
As an officer of the firm, I am the Management Contact and am authorized to negotiate and contractually bind and extend the terms of our Statement of Qualifications (SOQ). I acknowledge receipt of all addenda in relation to this RFQ and this SOQ will remain valid for a period of not less than 90 days from the date of submittal. Aidan Mousavi, a principal of our company, will serve as the Project Manager and contact person throughout the evaluation period and will be responsible for the services listed in the RFQ. Aidan can be reached by phone at 714.940.0100, by fax at 714.940.0700, or by email at [email protected]. We thank you for this opportunity to be of service to the City of Placentia.
Sincerely,
Sid Mousavi, MSCE, PE
Senior Principal
3060 Saturn Street, Suite 250, Brea, California 92821
714.940.0100
infrastructure-engineers.com I bowman.com
1 Table of Contents
Table of Contents
TAB # SECTION PAGE #
A Letter of Transmittal 1
B Table of Contents 2
C Summary Sheet 3
D Allocation of Resources 9
E Understanding of Scope of Work 14
F References 20
G Certification of Proposals 24
H Appendix: Addendum 25
infrastructure-engineers.com i bowman.com
2 Summary Sheet
RFQ No. PW -23-03: ON-CALL CIVIL ENGINEERING SERVICES
APPENDIX B
SUMMARY SHEET
Firm Name: Infrastructure Engineers, a Bowman company
Firm Parent or Ownership: Bowman Consulting Group Ltd.
Firm Address: 3060 Saturn Street, #250, Brea, CA 92821
Firm Telephone Number: 714.940.0100
Firm Fax Number: 714.940.0700
Number of years in existence: 29
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
Name: Sid Mousavi
Title: Senior Principal
Telephone Number: 714.940.0100 Fax: 714.940.0700
Email: [email protected]
Project Manager (Person responsible for day-to-day servicing of the account):
Name: Aidan Mousavi Title: Principal of Design Services Telephone Number: 714.940.0100 Fax: 714.940.0700
Email: [email protected]
Types of services provided by the firm: civil engineering, traffic engineering transportation engineering, construction management, building inspection, plan checking urban planning, environmental services, architecture, water engineering 28 Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 3
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
Professional Civil Engineer:
California (#42645)
*Experience prior to joining the firm
Experience
Various Capital Projects I City ofSouth El Monte, CA
Principal -in -Charge. 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, Thieves Avenue Project - Street Improvement Project, and the New Temple Park Improvements - Prefabricated Modular Restroom.
City Engineer 1 City of Bell Gardens, CA
City Engineer. Responsible for approving all capital projects for the city and providing cost estimates and budgets for new and upcoming projects. Supervised various IE projects as the designated Principal -in -Charge. Participated in development meetings and provides support for various land development projects by establishing conditions for approval of projects. Supervised and directed traffic engineering and water engineering activities of the city. Attended City Council meetings and provides reports of engineering projects to the City Council. Oversaw the city's NPDES program and MS4 Permit compliance.
Professional Service 1 City of Brea, CA
Principal -in -Charge. 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.
Various Street Improvements 1 City of Lynwood, CA
Principal -in -Charge. 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 included 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. IE also provided bid administration, construction management services, and inspection for these projects.
Interim City Manager, Director of Public Works & Planning and City Engineer City of Baldwin Park, CA
Interim City Manager during a 14 -month vacancy at the City of Baldwin Park, Responsible for the development of the $40M 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 Infrastructure Engineers, a Bowman company On -Call Civil Engineering Services October26, 2023 4
Sid Mousavi, MSCE, PE
Principal -in -Charge
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
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 1 City of Montebello, CA
City Engineer. 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 1 City of La Puente, CA
City Engineer. Directed all the city's engineering issues and projects. Responsible for the engineer's budget and all engineering staff who were IE employees working in City Hall. In addition, developed capital improvement programs, approved designs, and implemented projects.
Interim City Manager, Director of Public Works & Planning and City Engineer City of Baldwin Park, CA
Responsible for the direction and administration of a staff of 373 and budget of over $33M. Responsible for such achievements as: reorganization of departments, employee development program, construction of Metrolink station, construction of 9 -acre park facility, pavement management program, energy management system, eradication of graffiti within city, bridge rehabilitation, transit program and signal synchronization.
Director of Public Works and City Engineer 1 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, 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.
Infrastructure Engineers, a Bowman company On -Call Civil Engineering Services l October26, 2023 5
Aidan Mousavi, MBA, PE, QSP / QSD
Project Manager
Education
M.B.A. General, California State
Polytechnic University, Pomona
B.S., Civil Engineering, California State
Polytechnic University, Pomona
Registrations
Professional Engineer: California
(#91136)
QSP / QSD (#91136)
*Experience prior to joining the firm
Experience
Lilita Street and Eve Avenue Storm Drain Improvement 1 City of Lynwood, CA Project Manager. Conducted a field investigation to identify cause of flooding issue.
Drafted a hydrology and hydraulics report to identify issues and provided two solutions to alleviate flooding. Developed plans to address flooding through use of drywells and developed alternative plans to direct connect proposed storm tank to existing storm drain main line.
Connector Pipe Screen (CPS) 1 City of Bell Gardens, CA
Project Manager. Conducted a field investigation of all public and private catch basins city wide. Developed a GIS based log utilizing MS4Front software. Developed plans and applied for permitting through LA County to retrofit catch basins citywide by installing CPS units. Host pre -construction meeting with contractor, city staff and LA County.
Gertrude Drive Street Improvements 1 City of Lynwood, CA Project Manager. Developed Plans, Specifications and Estimate (PS&E) package for water improvement along Gertrude Drive. Designing 8 -in DIP water main complete with tees, service lines, water meters, water boxes, wedge gate valves, transition couplings, thrust blocks, reducers etc. Plans included asphalt and concrete repairs along with plan and profile for curb and gutter drainage.
Virginia Avenue Street Improvements 1 City of Lynwood, CA Project Manager. Developed Plans, Specifications and Estimate (PS&E) package for water improvement along Virginia Avenue. Designing 8 -in DIP water main complete with tees, service lines, water meters, water boxes, wedge gate valves, transition couplings, thrust blocks, reducers etc. Plans included asphalt and concrete repairs along with plan and profile for curb and gutter drainage.The project will also include speed trailers to enforce the speed limit in nearby school zones.
Asmus Park Catch Basin Evaluation and Feasibility Study 1 City of Bell Gardens, CA Project Manager. Responsible for alleviating severe flooding issue at Asmus Park by identifying issues through a field investigation and a hydrology and hydraulics analysis to identify volume of water needed to divert and treat. Developed conceptual plans of dry wells at parks to recharge ground water.
Slauson Avenue Congestion Relief Improvement Project 1 City of Huntington Park, CA
Engineering Supervisor. Responsible for hydrology and hydraulics analysis to divert and treat runoff from two-mile long corridor along Slauson Avenue. Design BMPs to treat runoff and make street into a green street. Run Synchro Simulation for ten signalized intersections for LOS analysis, coordination and timing. Design plans and specifications for signal system upgrades and street widening.
Infrastructure Engineers, a Bowman company On -Call Civil Engineering Services October26, 2023 6
Aidan Mousavi, MBA, PE, QSP / QSD
Project Manager
San Gabriel River Bikeway Environmental Services and Permits 1 City of Baldwin Park, CA
Engineering Supervisor. Responsible for developing and approving SWPPP so all pollutants and their sources, including sources of sediment associated with construction site erosion and all other activities associated with construction activity are controlled. All discharges are identified and either eliminated, controlled, or treated. BMPs selected that are effective and result in the reduction or elimination of pollutants in stormwater discharges. Post -construction BMPs are identified and installed during construction that are intended to reduce or eliminate pollutants after construction is completed. Developed methods to implement BMP inspection, visual monitoring, Rain Even Action Plan (REAP) and Construction Site Monitoring Program (CSMP).
NPDES Storm Water Program Inspection 1 City of Baldwin Park, CA Inspector. As required under the state's Regional Water Quality Control Board regulations and city ordinances permitting inspection programs, the City of Baldwin Park has enlisted IE to conduct a routine visual inspection for point -source pollution control.The goal of this inspection is to prevent the discharge of pollutants associated with business activities from entering the city's storm drain system. Aidan conducted all necessary inspections for the City of Baldwin Park and provided the appropriate reports.
NPDES Watershed Management Plan and Integrated Monitoring Program Coordination 1 City of Bell Gardens, CA
Project Manager. The NPDES permit, which is authorized by the Clean Water Act, was issued by the Regional Water Quality Control Board. The purpose of the permit is to ensure the MS4 permits in the County of Los Angeles are not causing or contributing to exceedances of water quality objectives set to protect the beneficial uses in the receiving waters in the Los Angeles region. Aidan worked with a variety of agencies to customize the City of Montebello's storm water programs by using BMPs to achieve compliance. He assisted with training and presentation of the requirements of the MS4 Permit to all maintenance staff and inspectors. Aidan coordinated with the Los Angeles County Flood Control District and seven other cities in Los Angeles County and worked on developing the strategy, design, and implementation of a Watershed Management Program and a Coordinated Integrated Monitoring Program. Aidan attended all regular watershed meetings, representing the City of Bell Gardens, as requested by the city. He also provided commercial and industrial permit inspections for all eligible businesses in the City of Bell Gardens; he provided the businesses with educational material and advised them on how to comply with the MS4 permit. Aidan also conducted audits and provided the reports, as required by the permit.
Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 7
Organizational Chart
QA/QC
Masoud Sepahi, PE, LEED GA
GIS Analyst
Cameron Lukos, MS
CAD Manager
Shawnt Babakhanian
CAD Technician
Annie Li
KEY
Management
QKey Personnel
Support Staff
City of Placentia
Project Manager
Aidan Mousavi, MBA, PE, QSP / QSD
Senior Civil Engineer
Senior Traffic Engineer
Christopher Ley, PE Amir Farahani,TE, PE
Engineering Assistant
- Bahar Baradaran, EIT
- Michael Dela Cruz, EIT
- Jennifer Santillan
- Jaelin Murray
Subconsultant
Associate Engineer
Shawn Mousavi,
MSCE, PE, QSP / QSD
Engineering Assistant
Hamed Habibi, MS
Infrastructure Engineers, a Bowman company l On -Call Civil Engineering Services I October26, 2023 Principal -in -Charge
Sid Mousavi, MSCE, PE
Compliance ADA CASp 41)
Certification
Jay Shih, PE, CASp,
CBO
Geotechni
Associated Soils
Engineering
d Surveying
Dennis Janda, PLS
Traffic Counts
City Traffic Counters
Fund Administration
Avant -Garde
Rig-of-W.y
Epic Land Solutions
8 Allocation of Resources
Allocation of Resources
Sid Mousavi, MSCE, PE is the Principal -in -Charge for this project. Sid 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 La Puente and City of Baldwin Park.
Aidan Mousavi, MBA, PE, QSP / Q5D will lead the team with his experience of being CIP manager for various cities in Los Angeles County. Aidan began his career as a design engineer working on street improvement projects and later began managing projects and programs. He has developed 5 -year CIP budgets and secured grant funding for construction. Aidan's professional focus is primarily in the field of city engineering and environmental infrastructure by providing civil engineering assistance to Public Works and Engineering Departments. He works closely with cities to ensure compliance with the National Pollutant Discharge Elimination System (NPDES). Aidan has developed strategies for the efficient use of Best Management Practices (BMPs), thus gaining a set of skills that not only assists municipalities with compliance but helps keep them under budget as well. Aidan is familiar with municipal protocols and works within these structures to conduct field inspections and develop annual compliance reports. As an MBA graduate, Aidan brings his academic knowledge to IE to work with the firm's Operations Manager to manage all Capital Improvement Program (CIP) and non-CIP projects.
Masoud Sepahi, PE, LEED GA will perform Quality Assurance and Quality Control. Masoud has over 35 years of experience working for both public agencies in addition to the private sector, managing a variety of large and complex public works and capital improvement projects. He has held various leadership positions in managing a variety of projects for major public works programs. As the City Engineer for the City of Placentia, he was responsible for delivery of many projects and he has first-hand knowledge of the city's standards, codes and the capital improvement programs. As the Director of Construction Management for the Los Angeles Metropolitan Transportation Authority, Masoud was responsible for the southern portion of the Crenshaw / LAX Transit Project. During his tenure with LA Metro, Masoud was responsible for management of all construction on the southern segment of the project, including major utility relocations. Working for the City of Los Angeles for 10 years, Masoud held various positions, managing many types of public improvement projects as well. Masoud's familiarity with the City of Placentia's standards, codes and the CIP program will ensure delivering a quality design on time and on budget.
Christopher Ley, PE will act as Senior Civil Engineer on this project. Chris has over 15 years design and engineering experience. His expertise includes CAD and graphic design, civil engineering design including street layout, hydrology, drainage, sewer design and grading for residential and commercial projects.
Amir Farahani,TE, PE will act as Senior Traffic Engineer. Amir Farahani has more than 30 years of experience in various traffic, transportation and civil engineering disciplines. He has experience with contract administration, design experience and regulatory compliance. He has worked with infrastructure Engineers, a Bowman company for the past two years as a Principal Engineer. He has been in charge of various traffic and transportation studies; design of traffic signals, high-intensity activated Infrastructure Engineers, a Bowman company 1 On -Call Civil Engineering Services ' October26, 2023 9
Allocation of Resources (cont.)
crosswalk (HAWK) signals and Rectangular Rapid Flashing Beacon (RRFB) for pedestrian crossings. In working with the City of Orange, as an Engineering Tech. II and eventually as a City Traffic Engineer /Traffic and Transportation Manager, he has been involved in all aspects of the projects the city has designed and constructed. This includes coordinating with local, county, state, and federal agencies and various utilities to ensure successful project completion. Amir understands the level of detail and problem -solving skills required to complete high-profile projects on time and within budget.
Jay Shih, PE, CASp, CBO will handle ADA Compliance. Jay Shih is a veteran civil engineer, building official, construction manager, access specialist, structural and engineering designer and plan checker with 35 years of experience. Jay has spent his career working for public agencies and consulting companies providing highly skilled design, building and engineering plan check and construction management of buildings, sewers, storm drains, streets, sidewalk, curb ramps, grading and stormwater management. Jay is also CASp certified. He will oversee compliance with all ADA design parameters for each project that includes ADA access and component.
Associated Soils Engineering (ASE) will provide Geotechnical Engineering. For more than 33 years, ASE has provided geotechnical design, geology, and material and construction testing services throughout southern California.Their in-house laboratory is one of the most complete and efficient in the industry. ASE provides services to a vast range of clients including private industrial and commercial owners, city and county public works, residential home builders, architects, construction managers, school districts and universities.
Dennis Janda, PLS will provide Land Surveying. Dennis Janda, Inc. (DJI) is a private corporation providing land surveying and mapping services and is a Certified Small Business Enterprise in the state of California. The owners and managers of DJI have worked together for both public and private sectors clients, throughout Southern California since 1997. DJI's core staff has their roots in the traditional disciplines of land planning, civil engineering, land surveying and mapping mainly working on development and public works projects throughout California.This experience using and participating in the evolution of surveying and mapping practices has helped in their ability to contribute in time and cost saving practices and processes from project conception through the development, to recording. Upon this foundation DJI added a diverse team of professionals using the best use of equipment and technology to contribute to their client's specific project goals and schedules.
City Traffic Counters (CTC) will provide Traffic Counts. Overall CTC provides a wide range of services that include 24 Hour Automatic Machine Count, 24 Hour Vehicle Speed Profile Sampling, Intersection Turning Movement Counts, Parking Occupancy Counts, Neighborhood Speed Counts, Radar Spot Speed Surveys, Intersection Configuration Layout, Bikes / Pedestrian Crosswalk Counts, Vehicle Classification Counts and Transit Ridership / Occupancy Survey.
Avant -Garde will provide Funding Administration. Avant -Garde is a long-time collaborator with IE, providing grant writing, fund management and labor compliance for projects in accordance with policy and procedural requirements.They are experts in determining eligible projects and managing city funding programs. Avant -Garde also provides public relations coordination, community outreach efforts and community relations, focus group moderation in English and Spanish, business development and corporate event planning.
Epic Land Solutions (Epic) will provide appraisal services for acquiring easements and right-of-way services, when they may be needed. Epic is currently assisting the city with easement procurements on the Golden Avenue Bridge project. Epic is also assisting IE with a few other projects, currently in design for other municipalities.
Infrastructure Engineers, a Bowman company On -Call Civil Engineering Services October 26, 2023 10
Allocation of Resources (cont.)
AVAILABILITY TO PERFORM SERVICES
Below is a chart of our proposed team's availability.
Name Availability
Sid Mousavi, MSCE, PE
Aidan Mousavi, MBA, PE, QSP / QSD
Masoud Sepahi, PE, LEED GA
Christopher Ley, PE
Amir Farahani,TE, PE
Jay Shih, PE, CASp, QSP / QSD
Shawn Mousavi, MSCE, PE, QSP / QSD
Hamed Habibi, MS
Bahar Baradaran, EIT
Michael Dela Cruz, EIT
Jennifer Santillan
Jaelin Murray
Cameron Lukos, MS
Shawnt Babakhanian
Annie Li
8 hours / week
12 hours / week
12 hours / week
16 hours / week
16 hours / week
16 hours / week
20 hours / week
20 hours / week
20 hours / week
20 hours / week
24 hours / week
24 hours / week
24 hours / week
16 hours / week
24 hours / week
Infrastructure Engineers, a Bowman company 1 On -Call Civil Engineering Services ' October26, 2023 11
Allocation of Resources (cont.)
ADDITIONAL PERSONNEL QUALIFICATIONS
Name, Role, Firm
Classification,
Experience
Credentials
Select Project Experience
Sid Mousavi
Principal -in -Charge
Years of Experience: 35
Aidan Mousavi
Project Manager
Years of Experience: 12
Masoud Sepahi
QA/QC
Years of Experience: 35
Amir Farahani
Senior Traffic Engineer
Years of Experience: 30
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)
Education
• M.B.A. General, California State Polytechnic
University, Pomona
• B.S. Civil Engineering, California State
Polytechnic University, Pomona
Registrations / Certifications
• Professional Civil Engineer: California (#91136)
• Qualified SWPPP Practitioner (QSP) / Qualified
SWPPP Developer (QSD): California (#91136)
Education
• B.S. Civil Engineering, Loyola Marymount
University
Registrations / Certifications
• Professional Civil Engineer: California (#52786)
• Leadership in Energy and Environmental
Design Green Associate (LEED GA)
Education
• B.S. Civil Engineering, California State
University, Los Angeles
Registrations / Certifications
• Professional Traffic Engineer: California
(#T2363)
• Professional Civil Engineer: California
(#C54235)
Various Capital Projects, City of South El Monte
City Engineer, City of Bell Gardens
Various Street Improvements, City of Lynwood
Interim City Manager / Director of Public Works and
Planning and City Engineer, City of Baldwin Park
City Engineer, City of Bell Gardens
• City Engineer, City of Montebello
• City Engineer, City of La Puente
Project Manager, Lilita Street and Eve Avenue Storm
Drain Improvement, City of Lynwood
Project Manager, Connector Pipe Screen, City of Bell
Gardens
Project Manager, Slauson Avenue Congestion Relief
Improvement Project, City of Huntington Park
Project Manager, San Gabriel River Bikeway
Environmental Services and Permits, City of Baldwin
Park
City Engineer, City of Placentia
Director of Construction Management, Los Angeles
Metropolitan Transportation Authority
Principal, MARRS Services
Program Director, GKK Works
Construction / Design Manager, Kellogg Brown and
Root (KBR)
Project / Construction Manager, City of Los Angeles
Project Manager, Slauson Avenue Congestion Relief
Improvements Project, City of Huntington Park
Project Manager, ATP Cycle V Safe Routes and
Childhood Obesity Project, City of Huntington Park
Senior Traffic Engineer/ City Traffic Engineer, City of Orange
Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October 26, 2023 12
Allocation of Resources (cont.)
ADDITIONAL PERSONNEL QUALIFICATIONS
Name, Role, Firm
Classification,
Experience
Credentials
Select Project Experience
Christopher Ley Education
Senior Engineer
Years of Experience: 15 • Professional Civil Engineer: California (#80620) • B.S. Civil Engineering, Oregon State University
Registrations / Certifications
Jay Shih
Plan Check Engineer
Years of Experience: 30
Cameron Lukos
GIS Analyst
Years of Experience: 7
Shawnt Babakhanian
CAD Manager
Years of Experience: 35
Education
• M.S. Geotechnical Engineering, University of
Sao Paulo
• B.S. Civil Engineering, University of Sao Paulo
• UCLA Extension in Construction Management
Registrations / Certifications
• Professional Civil Engineer: California (#46841)
• DSA Certified Access Specialist (#CASp-683)
• ICC Certified Building Official
• ICC Certified Building Plans Examiner
• ICC Certified Residential Plans Examiner
Education
• M.S. Environmental Science &Technology,
California State University, Fullerton
• B.A. Environmental Analysis, Pitzer College
Registrations / Certifications
• Data Analysis Certification, University of
California, Irvine
• Basic Wetland Delineation Certification,
Wetland Training Institute, Wisconsin
Education
• AutoCAD, Glendale College
• AutoCAD Civil 3D, Westech College
• Microstation, Westech College
• Land Development Desktop, Westech College
Project Engineer, Walden and Associates
Staff Engineer / CAD Manager, WWD / L&S
Engineering
CAD Manager / Senior Draftsman, Saroyan
Masterbuilders
Drafting and Engineering Manager, Greenway
Design
City Engineer, Cities of Artesia and Baldwin Park
Building Official, Cities of Huntington Park,
Montebello and Baldwin Park
• CASp Plans Examiner, City of Corona
Building Official and Principal Plan Check Engineer,
Cities of Rosemead and La Puente
Senior Plan Check Engineer, Cities of Baldwin Park
and Huntington Park
Fire Plans Examiner, City of Costa Mesa
GIS Analyst, 2023-2031 Housing Element Update,
City of Wasco
GIS Analyst, 2023-2031 Housing Element Update,
City of Shafter
GIS Analyst, General Plan and Zoning Code
Consistency Project, City of Bell Gardens
• GIS Analyst, Environmental Justice Element and
Public Safety Element, City of Lynwood
• CAD Manager, Bartlett Avenue Rehabilitation
Project, City of Adelanto
• CAD Manager, Bellflower Street Rehabilitation
Project, City of Adelanto
CAD Manager, SB1 Street Enhancement Project, City
of Huntington Park
CAD Manager, Water Main Replacement Project, City
of Huntington Park
Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 13
Understanding of Scope of Work
IE understands the City of Placentia seeks a knowledgeable and dependable firm with the capabilities and resources to manage all engineering needs of the city to provide staff on an "on-call" basis for various Capital Improvement Projects (CIP) such as Roadway Rehabilitation, Slurry Seal, Storm Drain, Sanitary Sewer rehabilitation, parks public Building and Facilities Renovations, Traffic improvement projects, and other CIP related and miscellaneous projects. Our team has the knowledge, experience, and the supporting staff and sub -consultants to handily fulfill the entire scope of services from initial planning through completion of construction, including:
• Preparing feasibility studies and conceptual designs. • Conducting research and managing investigations.
Producing preliminary design reports .
Coordinating and leading community outreach events.
Creating projects designs and specifications.
Preparing cost estimates.
Furnishing construction support.
Delivering grant funding documentation in conformance with the state and the federal requirements for funding.
With past and current on-call contracts with the Cities of Bell Gardens, Montebello, Huntington Park, Lynwood, Hawaiian Gardens, Anaheim, Baldwin Park, Hermosa Beach, La Puente, Maywood, Pico Rivera, South El Monte, and Yorba Linda, among others we have unequivocally proven our ability to effectively respond to the ever-changing needs of on-call contracts and are committed to oversee projects to successful completion.
We have a keen knowledge of the City of Placentia's needs for design services. Our Director of Civil Services, Mr. Sepahi, served as the City Engineer for the City of Placentia and he has intimate knowledge of the city's capital projects, in addition to the city's construction standards, Municipal Codes and various ongoing and future initiatives. These include: as the Old Town Streetscape Master Plan, Transit Oriented Development projects, city's pavement moratorium plans, Storm Drain Master Plan and the city's ongoing CIP program. He will be involved with quality review and quality assurance on all design packages prior to delivery to the city. His firsthand knowledge of the city's pavement management plan and Pavement Condition Index'goals and objectives will be one of the key elements in delivering a high-quality design package to the City of Placentia. IE prides itself on having a full -house design capability. Our company was created on the basis of providing a full-service, one-stop shop model to serve our city clients with an efficient, cost-effective approach to delivering engineering services. Apart from Geotechnical and Surveying services, IE provides full in-house services, from planning, through engineering, design and construction all under one contract. These services can be tailored to address each individual and unique task order but having direct access to various disciplines, all under one roof. This approach enables our team to provide the city with a speedy and cost-effective approach to each project.
In addition to our expertise in Roadway Design, we have a proven track record in providing traffic engineering services, which is one of IE's core disciplines. We have the know-how to produce warrants assessments, traffic signal design and synchronization, system integration, construction management of signal installation and we complement these services by always looking ahead to find any available funding opportunities. Our team is knowledgeable in standards and guidelines for Caltrans, the county of Los Angeles, the California Manual on Uniform Traffic Control Devices (CA-MUTCD) and other relevant traffic standards and methodologies, including the state of California vehicle code. We have assisted in providing traffic engineering services for major grant funded studies and programs, such as HSIP, ATP, STPL, TAC, etc.
We have assisted in providing engineering services for major grant funded studies and programs, such as HSIP, ATP, STPL, TAC, SB1, CDBG, RMC, etc. Our experience regarding various funding requirements provides an added value to the Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 14
Understanding of Scope of Work (cont.)
team as additional support to achieve funding compliance. All senior -level staff are experienced in coordinating with both Metro and Caltrans and are up to date with the requirements set forth in the Local Assistance Procedures Manual.
The staff at IE has specialized in serving municipalities almost exclusively and, as such, we have earned a reputation for providing outstanding quality and client service. The assigned staff has more than 150 combined years of experience in providing identical traffic engineering services, primarily to municipal governments and other public agencies. We have been providing multi -disciplinary, turn -key design services to cities. Examples of these services are listed in the table below:
• Traffic Signal Design and Modification
• Traffic Signal Synchronization
• Traffic Signal Construction Management
• Community and Neighborhood Traffic Issues
• CIP Project Development, Design and Implementation
• Traffic Studies
• Speed Survey
• EIR Studies / CEQA / NEPA
Traffic Circulation Studies
• Project Reports (PR)
• Project Study Reports (PSR)
• Traffic Calming Studies
• Traffic Control and Detour Plans
•
Traffic /Transportation Feasibility
• Traffic Impact Analysis (TIA)
ITS Development, Design and Implementation
• Safety Studies
School Route Analysis
• Storm Drain Improvement Design
Sewer Capacity Analysis
• Pavement Design
• Water Well Improvements
• Water Systems, Potable & Non -potable
• Sewer Hydraulic Modeling
• Wastewater Collection Systems
• WDR Compliance
• Sewer System Master Plans
Water Resources Engineering
• Infiltration and Detention Basins
SWPPP
• Roadways, Streets and Alleys Beautification
• ROW Certification
• Traffic Engineering
• Transportation Planning
• MTA Call -For -Projects Process (Funding)
• Traffic Engineering Design
• Traffic Signal and System Design
Interconnect Design
Signing and Striping
ITS Design and Implementation
• Transportation Planning
• Local Transportation
• Regional Transportation
• Multi -Modal Transportation Plans
• Staff Augmentation
• City Traffic Engineer
• AssistantTraffic Engineer
• Overflow Workload
• Rail Grade Crossing
• Sewer Improvement Design
• Water Improvement Design
• Grading Design
• ADATransition Plans
• Grant Writing
• Fire Lines
• Sewer Lift Stations
• Reclaimed Water Systems
• Urban Water Master Plans
• Water System Master Plans
• Hydrology and Hydraulic Analysis
• NPDES MS4 Permitting and Inspections
• Watershed Management & Flood Control
• Street Widening
• Parks and Trails Design
Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 15
Understanding of Scope of Work (cont.)
Grant Funding Assistance
To assist the city in grant administration and support services for its current and future grant funded projects, we have enlisted the services of Avant -Garde, a certified minority business enterprise, women business enterprise, disadvantaged business enterprise and small business enterprise. (MBE, WBE, DBE, SBE) located in the City of Diamond Bar. Avant -Garde has successfully provided grant research, grant writing, fund administration, compliance management, and community outreach for over eighteen years.Their understanding of federal and state requirements, funding administration, and the complex diversity of southern California make Avant -Garde uniquely qualified to perform extensive research to identify and secure grants as an "on-call" consultant; deliver a variety of grants in the fields of park development, recreation, infrastructure, public safety, public health, planning and community development, historic preservation, visual and performing arts, education, and outreach; deliver reports and documents to see projects through from inception to conclusion or termination; and administer federal, state and regional required submittals and reporting.
Right -of -Way Services
Through working on a variety of projects for municipalities, we have encountered certain projects where right-of-way acquisition was necessary. To assist the city with conducting timely appraisals on acquiring temporary construction easements, or permanent property takes, we have included the services of Epic Land Solutions (Epic). Epic is currently assisting the city with property appraisals for the Golden Avenue Bridge project. They are also assisting IE on a few other projects with other city clients in both Orange and LA Counties.
How the Scope of Work Will Be Implemented
Below is a step-by-step process on how IE will implement the scope of services as detailed in the RFP:
Initiating & Planning
Upon issuance of the Notice to Proceed, IE will schedule a kick-off meeting with the city to discuss the scope of work, project budget, schedule, grant funding requirements, special conditions s, and the delivery schedule. We shall prepare a comprehensive work plan and assign team members to each task for maximum efficiency of resources and coordination between each discipline and team member. Our goal is to kick off the project along with various other supporting activities, all to be handled simultaneously, to save cost and time. We will issue task orders to our sub -consultants to start other support services, to meet project's unique needs and delivery schedules.
Once team assignments are complete, a project group coordination meeting will be scheduled to review and identify key project elements to be included in the design. As a part of this process, the project scope will also be reviewed to ensure compliance with the requirements of the grant funding. In addition, all current design standards impacting the project, including federal and state ADA requirements will be identified to be included in the design for the project. Our team will also conduct a comprehensive field inspection to investigate the condition of the job -site and to add any item of the work that may be missing from the original scope. In our experience this investigation is a key part of a quality design process, which eliminates potential design conflicts and identifies elements that may be missing, but have to be included as part of the project. Some of these field inspections include, items, such as: damaged sidewalks, curb / gutters, non-compliant curb ramps, unknown utility boxes, cabinets not shown on the plans, valve boxes, not shown on the plans, parking issues, striping and traffic loops, that may not be shown on the plans. At the same time, IE's team members will also be encouraged to think outside the box to identify opportunities and discover any challenges and to develop and implement innovative design strategies to cut cost and to create quality design. Some of these initiatives may include new water -saving, storm water management techniques, green streets, and usage of alternative pavement materials. All of IE's projects are designed to ensure that projects are designed with full attention paid to quality, the environment and to minimize construction impact to the community.
Infrastructure Engineers, a Bowman company >I On -Call Civil Engineering Services I October26, 2023 16
Understanding of Scope of Work (cont.
Working with City Staff
We have learned that the best way to deliver quality work is to become and serve as an extension of the city staff.
This includes regular meetings with city's project representatives and remaining in constant communication with key stakeholders, to ensure successful and timely delivery of each deliverable to the city. Bi -weekly reports will be issued by IE's project manager, who will conduct meetings as necessary, for which agenda notices will be distributed at least two working days before each meeting. Meeting minutes will be distributed within one week and will identify assignments of action items and due dates. Bi -weekly project status reports will identify tasks completed and planned, issues to be resolved, project schedule updates, and project trends. These reports will serve as a primary tool in monitoring project progress and keeping the city's staff informed. If there are items of an urgent manner that require directions from city staff, we will either request to meet in person or by phone. IE will assist the city with preparation of notices to the public, City Council Agendas, and any other public outreach activity that may be necessary.
Quality Assurance / Quality Control
Quality assurance and quality control (QA / QC) are top priorities for IE. To ensure the highest quality of the design, IE will implement a comprehensive QA / QC program. Our Director of Civil Services, Masoud Sepahi, has extensive experience in construction management and he will be implementing IE's QA / QC program through his department. This review will provide an additional layer of guarantee to assure constructibility and compliance with the City of Placentia's standards and other agency regulatory requirements. Regular progress review meetings will be held internally by IE to update the project team on project development and critical tasks. Prior to releasing any documents to the city and / or other agencies, an extensive review will be performed by both the Project Manager and the QA / QC Manager.
After negotiating the fee with the city, our PM shall coordinate a kick-off meeting with the city for the project. Prior to attending the meeting, our team members will visit the job -site, take notes and take pictures to learn as much as possible regarding the project scope and for discussion during the kick off meeting. At the meeting, the scope will be discussed as well as the schedule for bi-weekly or monthly progress meetings. For each meeting, IE will provide an agenda and minutes. In addition, a progress report shall be supplied to the city at the end of every month to provide status updates and next actions.
The Field investigation team will have support from IE's GIS Analyst. All site pictures of damaged sidewalks, driveways, spandrels, curb / gutter curb ramps, etc. will be uploaded to the GIS and available to be used on the city's GIS portals. This enables IE and the city to have all geo-located images organized and readily available on the cloud. Our team will prepare a 30% conceptual plan of the project for submittal and host a meeting to discuss comments to move forward with the 65% plans, specifications and estimates. Our team of engineers are familiar with the State and Federal funded projects and can prepare the necessary documents packages to comply with various grant funding requirements. As part of the 65% submittal IE will include GIS -ready, CAD file imposed as a layer that can readily be used on the city's GIS portal directly. This allows all hatched proposed improvements to have a corresponding image easily accessible through GIS to support improvements that are being recommended. After IE receives comments from the city, IE will begin working on the 80% PS&E package. We have found that the key to a seamless transition from preliminary design to final design without any major design changes is communication amongst the team members and the stakeholders. With the implementation of bi-weekly meetings and a monthly progress report, IE ensures that communication is maintained amongst all team members to ensure a timely completion of the project. Once 80% comments are received, IE will begin preparing the final PS&E package for the final review for the city. The final bid package will include the City of Placentia's Notice Inviting Bids, Instructions to Bidders, Sample Contract, Special Provisions, and the technical specifications in addition to the Bid ready plans and specifications.
Infrastructure Engineers, a Bowman company 1 On -Call Civil Engineering Services I October26, 2023 17
Understanding of Scope of Work (cont.)
During the bidding and construction phase, IE will provide bid support to answer RFIs and approve any submittals supplied by the contractor. IE will maintain separate logs for all RFIs and submittals on the cloud for the city's use. IE will attend the pre-bid and / or pre -construction meeting and will be available to visit the site to meet with potential bidders to answer any questions that the city or the contractors may have.
Task Order Process
The chart below details our process from task order receipt to contract close-out.
Develop Task Order
with
City Staff
Review City of
Placentia'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
Deploy Qualified
Staff and Monitor
Performance
Introduce Team
Staff to City
Visit Project Site
Review Staff
Performance with
City
Conduct
Performance
Evaluation
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 Civil Engineering and Traffic Engineering 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 and City Engineer, our team of engineers will take the following approach to engineering projects:
1. 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.
2. Maintain communication with the Director of Public Works, including monthly written status reports and project status meetings, as needed, in addition to reviews at 35%, 65%, 80% and 100% levels of completion. Although monthly reports will be provided, IE will proactively keep the Public Works Director informed of any new developments, issues or factors involved in the project and alternatives to solve any unforeseen items.
Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 18
Understanding of Scope of Work (cont.)
3. 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.
4. 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.
5. Identify existing manholes and utility covers / boxes within the impacted repair limits so that they can be shown clearly and accurately on the plans. Review existing reports, as well as results of the geotechnical investigations and topographic.
We will review the geotechnical report and provide alternatives to the city. Concurrently, our team will begin sending notices to, and coordinating with, utility agencies, preparing project schedules, complying with ADA regulations and all relevant standards.
6. Prepare plans to city standards utilizing base mapping and agreed improvement concept. Appropriate city, APWA or other agency standards will be utilized and additional detailing will be included, as necessary, for adequate bidding and construction purposes.
7. Prepare comprehensive set of technical specifications. All bid items required by the plans or otherwise needed to accomplish project construction will be thoroughly described in the general provisions and included in the contractor's bid list.
8. Prepare construction cost estimates for verification of project budget and assistance during the contractors bidding process. Measurement of units will be contained in the specifications with additional detail for lump sum items, as necessary. Unit prices will be derived from current bid information on similar work within the area.
9. IE will prepare PS&E submittal package for city's review at certain milestones, depending on the scope of work for each project. These milestones are usually at 35%, 65%, 80% and 100%. A final set of signed Mylar plans, along with specifications and estimates, will be submitted to the city for bidding purposes.
10. Upon completion of PS&E, IE will coordinate with the City Clerk Office's to present to City Council for approval. All council meeting agendas will be coordinated through the Public Works Director.
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 vital to avoiding potential change orders and claims during the construction phase. IE understands the importance of filing and archiving project records for future retrieval.
Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 19
References
References: Roads
Montebello Boulevard Widening
City of Montebello, CA
"2021 American Public Works Association Project of the Year" award winner.
Phase II of the Montebello Boulevard Bike Lane and Sidewalk Improvement project included design, preparation of PS&E for roadway improvements and widening, pavement rehabilitation, concrete improvements, sidewalk improvement, utility adjustments, ADA improvements, Class II bike lane, traffic signal improvements, pedestrian lighting, and landscaping, bioswales along center medians and irrigation improvements.
Client Contact
Danilo Batson
Address
1600 W. Beverly Boulevard
Former Director of Public Works Montebello, CA 90640
323.889.9976
Schedule
2017 - 2020
Slauson Congestion Relief
City of Huntington Park, CA
Utilized Synchro modeling for signal and timing improvement. Upgraded traffic signal equipment, enhanced phasing operations, street widening, concrete improvements, coordination with Los Angeles county and various railroad agencies. The goal of the project was to study and design improvements along the Slauson corridor to increase capacity, reduce congestion and improve traffic flow. Design plans have been finalized.
Client Contact
Cesar Roldan
Public Works Director
323.584.6274
[email protected]
Address
6550 Miles Avenue
Huntington Park, CA 90255
Schedule
2020 - 2023
Infrastructure Engineers, a Bowman company 1 On -Call Civil Engineering Services I October26, 2023 20
References: Utilities
Foster Avenue & Pedestrian Rail Crossing
Drainage Improvement
City of Baldwin Park, CA
Scope of work included pavement rehabilitation, various concrete improvements, new 24" storm polypropylene pipe with new catch basins, dry wells and modular storm chamber system. Percolation tests were conducted to size the modular storm chamber system to alleviate flooding.
Client Contact Address
Sam Gutierrez 14403 Pacific Avenue
Director of Public Works Baldwin Park, CA 91706
626.960.4011 Schedule
[email protected] 2020 - 2022
Calino Avenue Street, Sewer and Storm Drain
Improvements
City of Baldwin Park, CA
Scope of work involved improvements to AC and PCC pavements, constructing new 8" high-density polyethylene sanitary sewer line with 6" lateral connections to main and new manholes. Improvements also included new cross gutters, catch basins and 12"storm drain pipes. All coordination with LA County and Permitting was also handled by IE along with coordination with water company to relocate water lines to provide room for new sewer and storm drain improvements.
Client Contact Address
Sam Gutierrez 14403 Pacific Avenue
Director of Public Works Baldwin Park, CA 91706
626.960.4011 Schedule
[email protected] 2022 - 2023
Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 21
References: ADA
y'
CITY OF MONTEBELLO
CITY HALL
Municipal Facilities ADA Compliance Evaluation
CASp Report
City of Montebello, CA
Infrastructure Engineers provided a report on the status of 11 city -owned facilities in the City of Montebello for ADA compliance. In the report, deficiencies have all been identified along with construction budgets and timelines to address each deficiency. The level of details for each facility is presented such that each project can be taken as a whole or be broken down into components, based on the available budget to create a program of compliance.
Client Contact
Danilo Batson
Address
1600 W. Beverly Boulevard
Former Director of Public Works Montebello, CA 90640
323.889.9976
Schedule
2019 - Present
Metrolink ADA Accessibility Improvements
City of Montebello, CA
In coordination with Metro and the Cities of Montebello and Commerce, IE prepared a report to address all deficiencies relating to ADA accessibility at the Metrolink Station. After the report a PS&E package was prepared by IE to upgrade all of the deficiencies to achieve compliance.
Client Contact
Danilo Batson
Address
1600 W. Beverly Boulevard
Former Director of Public Works Montebello, CA 90640
323.889.9976
Schedule
2017 - 2020
Infrastructure Engineers, a Bowman company 1 On -Call Civil Engineering Services ' October26, 2023 22
References: Parks
Linear Greenway
City of Huntington Park, CA
IE assisted with the City of Huntington Park to obtain a $3.5 million grant for urban greening to construct and revitalize ten contiguous parcels within the City of Los Angeles Department of Water and Power right of way. Infrastructure Engineers prepared design plans and specifications for the work to be performed associated with the grant requirements. Scope included mass grading, pavement and concrete improvements, designated bike path, planting and landscaping, irrigation, dry stream beds and various site amenities.
Client Contact Address
Cesar Roldan 6550 Miles Avenue
Public Works Director
323.584.6274
[email protected]
Huntington Park, CA 90255
Schedule
2018 - 2019
San Gabriel River Commuter Bikeway
City of Baldwin Park, CA
Preparation of design plans and specifications for the construction of a commuter bike path and pocket parks for the City of Baldwin Park. The work also included direct communication with City of Baldwin Park staff, Los Angeles Flood Control District, and US Army Corps. for permitting purposes. Several reports were coordinated for submittal including Hydrology report, Geotech report, Cultural report, and NESMI report.This project has been active with field visits, design, and coordination with subconsultants and city staff but construction for the bike path, pocket parks and the landscaping began in October of 2022.
Client Contact Address
Sam Gutierrez 14403 Pacific Avenue
Director of Public Works Baldwin Park, CA 91706
626.960.4011 Schedule
[email protected] 2018 - 2022
Infrastructure Engineers, a Bowman company 1 On -Call Civil Engineering Services ' October26, 2023 23
Certification of Proposals
Certification of Proposals
RFQ No. PW -23-03: ON-CALL CIVIL ENGINEERING SERVICES
APPENDIX C
CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFQ), dated October 2023, and to be bound by the terms and conditions of the RFQ.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated October 2023.
5. This firm has carefully read and fully understands all of the items contained in Section 7, General Requirements. This firm agrees to all of the general requirements except for those disclosed by the firm in project proposal, listed on an attachment.
6. The proposal shall be valid for 90 days from October 5, 2023.
Name of Firm: Infrastructure Engineers, a Bowman company By: �f /
(Authorized Signature)
Type Name: Sid Mousavi
Title: Senior Principal
Date: 10/11/23
29 Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 24
!•—i% Appendix: Addendum
Appendix: Addendum
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
The People are the City
PL4i\
1LA``CENTI
L
401 East Chapman Avenue — Placentia, California 92870
October 10, 2023
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
Subject: Addendum No. 1 for Request for Qualification for On -Call CMI Engineering Services
Dear Prospective Bidders:
This letter comprises Addendum No. 1 for the Request for Qualification for On -Call Civil Engineering Services issued by the City of Placentia on October 5, 2023. Please take note of the item listed below which will have to be used in the preparation of your bid for this project. The following clarifications/changes are hereby issued:
1. Contract Amount: The starting contract not -to -exceed amount for each consultant has been changed from $150,000 and now shall be $500,000 under this RFQ.
Portions of the bid specifications not specifically mentioned in this Addendum remain in force. Bidder must acknowledge receipt of this Addendum with proposal documents submitted at the due date and time specified above. Failure to do so may subject bidder to disqualification.
Sincerely,
Chris Tanio
END OF ADDENDUM NO. 1
This addendum must be acknowledged via Planet Bids and should be included with the bid response.
If you have additional questions regarding Addendum No. 1, please contact Chris Tanio, at (714) 993-8132.
Infrastructure Engineers, a Bowman company I On -Call Civil Engineering Services I October26, 2023 25
ACORO I DATE (MM/DD/YYTY)
11/14/2023
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).
CONTACT Certificate Department
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Klein Agency, LLC
P.O. Box 219
Timonium
INSURED
Bowman Infrastructure Engineers LTD
3060 Saturn Street, Suite 250
Brea
COVERAGES
MD 21094
CA 92821
CERTIFICATE NUMBER:
NAME:
PHONE (410) 832-7600
A/C No. Extl:
E-MAIL [email protected]
ADDRESS:
INSURER(S) AFFORDING COVERAGE
Charter Oak Fire Insurance Co
Travelers Indemnity Co. of Am
Travelers Property Casualty Co. of America
Berkshire Hathaway Specialty Insurance
Beazley Insurance Company
INSURER A:
INSURER B :
INSURER C :
INSURER D :
INSURER E
INSURER F :
23-24 Infrastructure Eng.
FAx No): () 410 832-1849
(AIC,
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
X
X
A
TYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE
Contractual Liability
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X jE LOC
Ij OTHER:
AUTOMOBILE LIABILITY
X - ANY AUTO
B - OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
C
C
X UMBRELLA LIAB
EXCESS LIAB
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X OCCUR
CLAIMS -MADE
DED I 1 RETENTION $
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
Primary Professional & Pollution Liab /
D/E Excess Professional & Pollution Liab
ADDL SUER
INSD WVD
POLICY NUMBER
6306J047645
8108T020319
CUP6J395074
N/A UB6J317115
47-EPP-330666-01
POLICY EFF POLICY EXP
(MMIDD/YYYY) (MMIDD/YYYY)
08/31/2023 08/31/2024
LIMITS
EACH OCCURRENCE $
DAMAGE IO REV! ED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
COMBINED SINGLE LIMIT
(Ea accident)
NAIC #
25615
25666
25674
22276
37540
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
$
$ 1,000,000
BODILY INJURY (Per person) $
08/31/2023 08/31/2024 I BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
08/31/2023 08/31/2024 AGGREGATE
08/31/2023 08/31/2024
08/31/2023 08/31/2024
XI STATUTE EERH
$
$ 25,000,000
$ 25,000,000
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
Each Claim/Aggregate $5,000,000
Excess Each Claim/Aggr. $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 CGD604, CGD414, GD379, CAF129, CAT474, 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
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ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
TRAVELERSJ
ONE TOWER SQUARE
HARTFORD CT 06183
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (00) - 001
POLICY NUMBER: UB -6J317115 -23-43-G
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 any one not named in the Schedule.
SCHEDULE
DESIGNATED PERSON:
DESIGNATED ORGANIZATION:
ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER.
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.
DATE OF ISSUE: 08-31-23 ST ASSIGN: PAGE 1 OF
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VIRGINIA BUSINESS AUTO COVERAGE
EXTENSION 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 the endorsement.
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
G.
WAIVER OF DEDUCTIBLE — GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form
during the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only
until the 180th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
CAF1290321
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
J. PERSONAL EFFECTS
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
that is in effect during the policy period, to name
as an additional insured for Covered Auto Liability
Coverage, but only for damages to which this
insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II —
COVERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your
business.
2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV —
BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage
Coverage, the following are deemed to
be covered "autos" you own:
© 2021 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
permission, while performing duties
related to the conduct of your
business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any "employee" of yours is an "insured" while
using a covered "auto" you don't own, hire or
borrow in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2),
of SECTION II — LIABILITY COVERAGE :
(2) Up to $3,000 for cost of bail bonds
(including bonds for related traffic law
violations) required because of an
"accident" we cover. We do not have to
furnish these bonds.
2. The following replaces Paragraph A.2.a.(4),
of SECTION II — LIABILITY COVERAGE :
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day
because of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
The following replaces Subparagraph (5) in
Paragraph B.7., Policy Period, Coverage
Territory, of SECTION IV — BUSINESS AUTO
CONDITIONS:
(5)
Anywhere in the world, except any country or
jurisdiction while any trade sanction,
embargo, or similar regulation imposed by the
United States of America applies to and
prohibits the transaction of business with or
within such country or jurisdiction, for
Covered Autos Liability Coverage for any
covered "auto" that you lease, hire, rent or
borrow without a driver for a period of 30
days or less and that is not an "auto" you
lease, hire, rent or borrow from any of your
"employees", partners (if you are a
partnership), members (if you are a limited
liability company) or members of their
households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the
"insured" against, and investigate or
settle any such claim or "suit" and
keep us advised of all proceedings
and actions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the
"insured" pays with our consent, but
only up to the limit described in
Paragraph C., Limits Of Insurance, of
SECTION II — COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your
investigation of such claims and your
defense of the "insured" against any
such "suit", but only up to and
included within the limit described in
Paragraph C., Limits Of Insurance, of
SECTION 11 — COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
© 2021 The Travelers Indemnity Company. All rights reserved. CA F1 29 03 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
(c) This insurance is not a substitute for
required or compulsory insurance in any
country outside the United States, its
territories and possessions, Puerto Rico
and Canada.
You agree to maintain all required or
compulsory insurance in any such
country up to the minimum limits required
by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory
insurance requirements.
(d) It is understood that we are not an
admitted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and
Canada. We assume no responsibility for
the furnishing of certificates of insurance,
or for compliance in any way with the
laws of other countries relating to
insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D.,
Deductible, of SECTION 111 — PHYSICAL
DAMAGE COVERAGE:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of
Paragraph A.4.b., Loss Of Use Expenses, of
SECTION 111 — PHYSICAL DAMAGE
COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in
Paragraph A.4.a., Transportation Expenses, of
SECTION III — PHYSICAL DAMAGE
COVERAGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense
incurred by you because of the total theft of a
covered "auto" of the private passenger type.
CAF1290321
COMMERCIAL AUTO
J. PERSONAL EFFECTS
The following additional coverage is added to
Paragraph A.4., Coverage Extensions, of
SECTION 111 — PHYSICAL DAMAGE
COVERAGE:
Personal Effects
We will pay up to $400 for "loss" to wearing
apparel and other personal effects which are:
(1) Owned by an "insured"; and
(2) In or on your covered "auto".
This coverage applies only in the event of a total
theft of your covered "auto".
This Personal Effects limit does not apply to
"loss" to the covered "auto" or its equipment.
No deductibles apply to this Personal Effects
coverage.
K. AIRBAGS
The following is added to Paragraph B.3.,
Exclusions, of SECTION 111 — PHYSICAL
DAMAGE COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that
inflate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for
Comprehensive Coverage under this policy;
b. The airbags are not covered under any
warranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS :
Your duty to give us or our authorized
representative prompt notice of the "accident" or
"loss" applies only when the "accident" or "loss" is
known to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability
company);
(d) An executive officer, director or insurance
manager (if you are a corporation or other
organization); or
© 2021 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
(e) Any "employee" authorized by you to give
notice of the "accident" or "loss".
M. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph A.5.,
Transfer Of Rights Of Recovery Against
Others To Us, of SECTION IV — BUSINESS
AUTO CONDITIONS:
We waive any right of recovery we may have
against any person or organization to the extent
required of you by a written contract signed and
executed prior to any "accident" or "loss",
provided that the "accident" or "loss" arises out of
operations contemplated by such contract. The
waiver applies only to the person or organization
designated in such contract.
© 2021 The Travelers Indemnity Company. All rights reserved. CA F1 29 03 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION II — LIABILITY
COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Liability Coverage,
but only for damages to which this insurance
applies and only to the extent of that person's or
organization's liability for the conduct of another
"insured".
CAT4740817
2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.
© 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS
IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION II — WHO IS AN
INSURED:
Any person or organization that:
a. You agree in a written contract or agreement to
include as an additional insured on this Coverage
Part; and
b. Has not been added as an additional insured for
the same project by attachment of an endorse-
ment under this Coverage Part which includes
such person or organization in the endorsement's
schedule;
is an insured, but:
a. Only with respect to liability for "bodily injury" or "property damage" that occurs, or for "personal
injury" caused by an offense that is committed,
subsequent to the signing of that contract or
agreement and while that part of the contract or
agreement is in effect; and
b. Only as described in Paragraph (1), (2) or (3) be-
low, whichever applies:
(1)
If the written contract or agreement specifical-
ly requires you to provide additional insured
coverage to that person or organization by
the use of:
(a) The Additional Insured — Owners, Les-
sees or Contractors — (Form B) endorse-
ment CG 20 10 11 85; or
(b) Either or both of the following: the Addi-
tional Insured — Owners, Lessees or Con-
tractors — Scheduled Person Or Organi-
zation endorsement CG 20 10 10 01, or
the Additional Insured — Owners, Lessees
or Contractors — Completed Operations
endorsement CG 20 37 10 01;
the person or organization is an additional in-
sured only if the injury or damage arises out
of "your work" to which the written contract or
agreement applies;
(2) If the written contract or agreement specifical-
ly requires you to provide additional insured
coverage to that person or organization by
the use of:
CG D6 04 02 19
(3)
(a)
(b)
The Additional Insured — Owners, Les-
sees or Contractors — Scheduled Person
or Organization endorsement CG 20 10
07 04 or CG 20 10 04 13, the Additional
Insured — Owners, Lessees or Contrac-
tors — Completed Operations endorse-
ment CG 20 37 07 04 or CG 20 37 04 13,
or both of such endorsements with either
of those edition dates; or
Either or both of the following: the Addi-
tional Insured — Owners, Lessees or Con-
tractors — Scheduled Person Or Organi-
zation endorsement CG 20 10, or the Ad-
ditional Insured — Owners, Lessees or
Contractors — Completed Operations en-
dorsement CG 20 37, without an edition
date of such endorsement specified;
the person or organization is an additional in-
sured only if the injury or damage is caused,
in whole or in part, by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the written contract or
agreement applies; or
If neither Paragraph (1) nor (2) above applies:
(a) The person or organization is an addi-
tional insured only if, and to the extent
that, the injury or damage is caused by
acts or omissions of you or your subcon-
tractor in the performance of "your work"
to which the written contract or agree-
ment applies; and
(b) Such person or organization does not
qualify as an additional insured with re-
spect to the independent acts or omis-
sions of such person or organization.
The insurance provided to such additional insured is
subject to the following provisions:
a.
If the Limits of Insurance of this Coverage Part
shown in the Declarations exceed the minimum
limits required by the written contract or agree-
ment, the insurance provided to the additional in-
sured will be limited to such minimum required
limits. For the purposes of determining whether
© 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2
COMMERCIAL GENERAL LIABILITY
this limitation applies, the minimum limits required
by the written contract or agreement will be con-
sidered to include the minimum limits of any Um-
brella or Excess liability coverage required for the
additional insured by that written contract or
agreement. This provision will not increase the
limits of insurance described in Section 111 — Limits
Of Insurance.
b. The insurance provided to such additional insured
does not apply to:
(1) Any "bodily injury", "property damage" or
"personal injury" arising out of the providing,
or failure to provide, any professional archi-
tectural, engineering or surveying services,
including:
(a) The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap-
prove, drawings and specifications; and
(b) Supervisory, inspection, architectural or
engineering activities.
(2) Any "bodily injury' or "property damage"
caused by "your work" and included in the
"products -completed operations hazard" un-
less the written contract or agreement specifi-
cally requires you to provide such coverage
for that additional insured during the policy
period.
c. The additional insured must comply with the fol-
lowing duties:
(1) Give us written notice as soon as practicable
of an "occurrence" or an offense which may
Page2of2
result in a claim. To the extent possible, such
notice should include:
(a) How, when and where the "occurrence"
or offense took place;
(b) The names and addresses of any injured
persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
(2) If a claim is made or "suit" is brought against
the additional insured:
(a) Immediately record the specifics of the
claim or "suit" and the date received; and
(b) Notify us as soon as practicable and see
to it that we receive written notice of the
claim or "suit" as soon as practicable.
Immediately send us copies of all legal pa-
pers received in connection with the claim or
"suit", cooperate with us in the investigation
or settlement of the claim or defense against
the "suit", and otherwise comply with all policy
conditions.
(4) Tender the defense and indemnity of any
claim or "suit" to any provider of other insur-
ance which would cover such additional in-
sured for a loss we cover. However, this con-
dition does not affect whether the insurance
provided to such additional insured is primary
to other insurance available to such additional
insured which covers that person or organiza-
tion as a named insured as described in Par-
agraph 4., Other Insurance, of Section IV —
Commercial General Liability Conditions.
(3)
© 2017 The Travelers Indemnity Company. All rights reserved. CG D6 04 02 19
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - WRITTEN
CONTRACTS (ARCHITECTS, ENGINEERS AND
SURVEYORS)
This endorsement modifies insurance provided under t he fol lowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II — WHO IS
AN INSURED:
Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additiona 1 insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organization .
The insurance prov ided to such additional insured
is limited as follows:
c. In the event that the Limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the in-
surance provided to the additional insured
shall be li mited to the limits of liability required
by that "written contract requiring insurance.
This endorsement shall not increase the li mits
of insurance described in Section III — Limits
Of Insurance.
d. This insurance does not apply to the render-
ing of or failure to render any "professional
services" or construction management errors
or omissions.
e. This insurance does not apply to "bodily in-
jury" or "property damage" caused by "your
work" and included in the "products -
completed operations hazard" unless the
"written contract requiring insurance" specifi-
cally requires you to provide such coverage
for that additional insured, and then the insur-
ance provided to the additional insured ap-
CG D4 14 04 08
plies only to such "bodily injury" or "property
damage" that occurs before the end o f the pe-
riod of time for which the "written contract re-
quiring insurance" requires you to provide
such coverage or the end of the pol icy period,
whichever is earlier.
2. The following is added to Paragraph 4.a. of SEC-
TION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS:
The insurance provided to the additional insured
is excess over any valid and collectible "other in-
surance", whether primary, excess, contingent or
on any other basis, that is available to the addi-
tional insured for a loss we cover. However, if you
specifically agree in the "written contract requiring
insurance" that this insurance provided to the ad-
ditional insured under this Coverage Part must
apply on a primary basis or a primary and non-
contributory basis, this insurance is primary to
"other insurance" available to the additional in-
sured which covers that person or organization as
a named insured for such loss, and we will not
share with that "other insurance". But this insur-
ance provided to the additional insured still is ex-
cess over any valid and collectible "other insur-
ance", whether primary, excess, contingent or on
any other basis, that is available to the additional
insured when that person or organization is an
additional insured under any "other insurance".
3. The following is added to SECTION IV — COM-
MERCIAL GENERAL LIABILITY CONDITIONS:
Duties Of An Additional Insured
As a condition of coverage provided to the addi-
tional insured:
a. The additional insured must give us written
notice as soon as practicable of an "occur-
rence" or an offense which may result in a
claim. To the extent possible, such notice
should include:
© 2008 The Travelers Companies, Inc. Page 1 of 2
COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrence"
or offense took place ;
ii. The names and addresses of any injured
persons and witnesses; and
iii. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
the additional insured, the additional insured
must:
i. Immediately record the specifics of the
claim or "suit" and the date received; and
ii. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit' as
soon as practicable.
c. The additional insured must immediately send
us copies of all legal papers received in con-
nection with the claim or "suit", cooperate with
us in the investigation or settlement of the
claim or defense against the "suit", and oth-
erwise comply with all policy conditions.
d. The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
any provider of other insurance which would
cover the additional insured for a loss we
cover. However, this condition does not affect
whether this insurance provided to the addi-
tional insured is primary to that other insur-
ance available to the additional insured which
covers that person or organization as a
named insured.
4. The following is added to the DEFINITIONS Sec-
tion:
"Written contract requiring insurance" means that
part of any written contract or agreement under
which you are required to include a person or or-
ganization as an additional insured on this Cover-
age Part, provided that the "bodily injury" and
"property damage" occurs and the "personal in-
jury" is caused by an offense committed:
a. After the signing and e xecution of the contract
or agreement by you;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
© 2008 The Travelers Companies, Inc. CG D4 14 04 08
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITYCOVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Non -Owned Watercraft— 75 Feet Long Or Less
B. Who Is An Insured — Unnamed Subsidiaries
C. Who Is An Insured — Retired Partners, Members,
Directors And Employees
D. Who Is An Insured — Employees And Volunteer
Workers — Bodily Injury To Co -Employees, Co -
Volunteer Workers And Retired Partners,
Members, Directors And Employees
E. Who Is An Insured — Newly Acquired Or Formed
Limited Liability Companies
F. Blanket Additional Insured — Controlling Interest
G. Blanket Additional Insured — Mortgagees,
Assignees, Successors Or Receivers
PROVISIONS
A. NON -OWNED WATERCRAFT — 75 FEET
LONG OR LESS
1. The following replaces Paragraph (2) of
Exclusion g., Aircraft, Auto Or Watercraft,
in Paragraph 2. of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
(2) A watercraft you do not own that is:
(a) 75 feet long or less; and
(b) Not being used to carry any person
or property for a charge;
2. The following replaces Paragraph 2.e. of
SECTION II — WHO IS AN INSURED:
e. Any person or organization that, with
your express or implied consent, either
CG D3 79 02 19
H. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Premises
I. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Operations
J. Incidental Medical Malpractice
K. Medical Payments — Increased Limit
L. Amendment Of Excess Insurance Condition —
Professional Liability
M. Blanket Waiver Of Subrogation — When Required
By Written Contract Or Agreement
N. Contractual Liability — Railroads
uses or is responsible for the use of a
watercraft that you do not own that is:
(1) 75 feet long or less; and
(2) Not being used to carry any person
or property for a charge;
B. WHO IS AN INSURED — UNNAMED
SUBSIDIARIES
The following is added to SECTION II — WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership
or joint venture, that is not shown as a Named
Insured in the Declarations is a Named Insured
if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% i n, such
subsidiary on the first day of the policy
period; and
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COMMERCIAL GENERAL LIABILITY
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for "bodily
injury" or "property damage" that occurred, or
"personal and advertising injury" caused by an
offense committed:
a. Before you maintained an ownership interest
of more than 50% i n such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section!! — Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company; or
c. A trust;
as indicated in its name or the documents that
govern its structure.
C. WHO IS AN INSURED — RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2. of
SECTION II — WHO IS AN INSURED:
Any person who is your retired partner, member,
director or"employee" that is performing services
for you under your direct supervision, but only for
acts within the scope of their employment by you
or while performing duties related to the conduct
of your business. However, no such retired
partner, member, director or "employee" is an
insured for:
(1) "Bodily injury":
(a) To you, to your current partners or
members (ft you are a partnership or
joint venture), to your current members
(if you are a limited liability company) or
to your current directors;
(b) To the spouse, child, parent, brother or
sister of that current partner, member or
director as a consequence of Paragraph
(1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (1)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1)(a), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide first aid
or "Good Samaritan services" by any of your
retired partners, members, directors or
"employees", other than a doctor. Any such
retired partners, members, directors or
"employees" providing or failing to provide
first aid or "Good Samaritan services" during
their work hours for you will be deemed to be
acting within the scope of their employment
by you or performing duties related to the
conduct of your business.
(2) "Personal injury":
(a) To you, to your current or retired
partners or members (if you are a
partnership or joint venture), to your
current or retired members (if you are a
limited liability company), to your other
current or retired directors or
"employees" while in the course of his or
her employment or performing duties
related to the conduct of your business,
or to your other "volunteer workers"
while performing duties related to the
conduct of your business;
(b) To the spouse, child, parent, brother or
sister of that current or retired partner,
mem ber, director, "employee" or
"volunteer worker" as a consequence of
Paragraph (2)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (2)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.
(3) "Property damage" to property:
(a) Owned, occupied or used by; or
(b) Rented to, in the care, custody or control
of, or over which physical control is
being exercised for any purpose by;
you, any of your retired partners, members
or directors, your current or retired
"employees" or "volunteer workers", any
current partner or member (if you are a
partnership or joint venture), or any current
member (if you are a limited liability
company) or current director.
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D. WHO IS AN INSURED — EMPLOYEES AND
VOLUNTEER WORKERS — BODILY INJURY
TO CO -EMPLOYEES, CO -VOLUNTEER
WORKERS AND RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2.a.(1) of
SECTION II — WHO IS AN INSURED:
Paragraphs (1)(a), (b) and (c) above do not
apply to "bodily injury" to a current or retired co -
"employee" while in the course of the co -
"employee's" employment by you or performing
duties related to the conduct of your business, or
to "bodily injury" to your other "volunteer
workers" or retired partners, members or
directors while performing duties related to the
conduct of your business.
E. WHO IS AN INSURED — NEWLY ACQUIRED
OR FORMED LIMITED LIABILITY COMPANIES
The following replaces Paragraph 3. of
SECTION II — WHO IS AN INSURED:
3. Any organization you newly acquire or form,
other than a partnership or joint venture, and
of which you are the sole owner or in which
you maintain an ownership interest of more
than 50%, will qualify as a Named Insured if
there is no other similar insurance available
to that organization. However:
a. Coverage under this provision is
afforded only:
(1) Until the 180th day after you acquire
or form the organization or the end
of the policy period, whichever is
earlier, if you do not report such
organization in writing to us within
180 days after you acquire or form it;
or
(2) Until the end of the policy period,
when that date is later than 180 da ys
after you acquire or form such
organization, if you report such
organization in writing to us within
180 days after you acquire or form it;
b. Coverage A does not apply to "bodily
injury" or "property damage" that
occurred before you acquired or formed
the organization; and
c. Coverage B does not apply to "personal
and advertising injury" arising out of an
offense committed before you acquired
or formed the organization.
For the purposes of Paragraph 1. of Section
II — Who Is An Insured, each such
CG D3 79 02 19
COMMERCIAL GENERAL LIABILITY
organization will be deemed to be
designated i n the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company;
or
c. A trust;
as indicated in its name or the documents
that govern its structure.
F. BLANKET ADDITIONAL INSURED
CONTROLLING INTEREST
1. The following is added to SECTION II —
WHO IS AN INSURED:
Any person or organization that has financial
control of you is an insured with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" that
arises out of:
a. Such financial control; or
b. Such person's or organization's
ownership, maintenance or use of
premises leased to or occupied by you.
The insurance provided to such person or
organization does not apply to structural
alterations, new construction or demolition
operations performed by or on behalf of such
person or organization.
2. The following is added to Paragraph 4. of
SECTION II — WHO IS AN INSURED:
This paragraph does not apply to any
premises owner, manager or lessor that has
financial control of you.
G. BLANKET ADDITIONAL INSURED —
MORTGAGEES, ASSIGNEES, SUCCESSORS
OR RECEIVERS
The following is added to SECTION II — WHO IS
AN INSURED:
Any person or organization that is a mortgagee,
assignee, successor or receiver and that you
have agreed in a written contract or agreement
to include as an additional insured on this
Coverage Part is an insured, but only with
respect to its liability as mortgagee, assignee,
successor or receiver for "bodily injury", "property
damage" or "personal and advertising injury"
that:
a. Is "bodily injury" or "property damage" that
occurs, or is "personal and advertising injury"
caused by an offense that is committed,
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COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or
agreement; and
b. Arises out of the ownership, maintenance or
use of the premises for which that
mortgagee, assignee, successor or receiver
is required under that contract or agreement
to be included as an additional insured on
this Coverage Part.
The insurance provided to such mortgagee,
assignee, successor or receiver is subject to the
following provisions:
a. The limits of insurance provided to such
mortgagee, assignee, successor or receiver
will be the minimum limits that you agreed to
provide in the written contract or agreement,
or the limits shown in the Declarations,
whichever are less.
b. The insurance provided to such person or
organization does not apply to:
(1) Any "bodily injury" or "property damage"
that occurs, or any "personal and
advertising injury" caused by an offense
that is committed, after such contract or
agreement is no longer in effect; or
(2) Any "bodily injury", "property damage" or
"personal and advertising injury" arising
out of any structural alterations, new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.
H. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS OR
AUTHORIZATIONS RELATING TO PREMISES
The following is added to SECTION II — WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of any of the following for which that
governmental entity has issued such permit or
authorization: advertising signs, awnings,
canopies, cellar entrances, coal holes,
driveways, manholes, marquees, hoist away
openings, sidewalk vaults, elevators, street
banners or decorations.
I. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS
OR AUTHORIZATIONS RELATING TO
OPERATIONS
The following is added to SECTION II — WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" arising out of such
operatio ns.
The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the
governmental entity; or
b. Any "bodily injury" or "property damage"
included in the "products -completed
operations hazard".
J. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b. of the
definition of "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in
providing or failing to provide "incidental
medical services", first aid or "Good
Samaritan services" to a person, unless
you are in the business or occupation of
providing professional health care
services.
2. The following replaces the last paragraph of
Paragraph 2.a.(1) of SECTION II — WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1)(a), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide:
(a) "Incidental medical services" by any of
your "employees" who is a nurse,
nurse assistant, emergency medical
technician, paramedic, athletic trainer,
audiologist, dietician, nutritionist,
© 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
occupational therapist or occupational
therapy assistant, physical therapist or
speech-language pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.
5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
CG D3 79 02 19
COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II —
Who Is An Insured.
K. MEDICAL PAYMENTS — INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III — LIMITS OF INSURANCE:
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.
L. AMENDMENT OF EXCESS INSURANCE
CONDITION — PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.
M. BLANKET WAIVER OF SUBROGATION —
WHEN REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.
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COMMERCIAL GENERAL LIABILITY
N. CONTRACTUAL LIABILITY — RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;
2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.
© 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.