CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
THIS AGREEMENT is made and entered into this 2Pd day of April, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Infrastructure Engineers, a Bowman company ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on-call construction management and inspection services, as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and 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; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices, and with credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations.
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. Consultant also warrants that it has ownership of all intellectual property being provided under this Agreement.
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:
Infrastructure Engineers, a Bowman company
(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 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.
Infrastructure Engineers, a Bowman company
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), unless authorized herein.
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more.
The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement.
Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 3 years, ending on April D2 2027 unless previously terminated as provided herein or as otherwise agreed to in writing by thel$arties. One (1) two-year extension is available based 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 -years.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, Infrastructure Engineers, a Bowman company
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 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 Infrastructure Engineers, a Bowman company
coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
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.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
Infrastructure Engineers, a Bowman company
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below.
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the 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."
(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.
Infrastructure Engineers, a Bowman company
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 Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Infrastructure Engineers, a
Bowman Company
3060 Saturn Street, Ste. #250
Brea, CA 92821
Tel: (714) 940-0100
Fax: (714) 940-0700
Attn: Sid Mousavi
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8117
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 Infrastructure Engineers, a Bowman company
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 arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant 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, 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 negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby 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 Infrastructure Engineers, a Bowman company
reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret.
The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Infrastructure Engineers, a Bowman company
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 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.
Infrastructure Engineers, a Bowman company
CITY OF PLACENTIA,
A municipal corporation
Damien R. Arrula, City Administrator
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT
cam.
Signature
Sid Mousavi
Name and Title
Sr. Principal
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
atiiS
Chris Tanio, Deputy Director/City Engineer
Date:
Date: 3/11/2024
Date:
Date:
3/11/2024
Date:
Infrastructure Engineers, a Bowman company
DEPARTMENTAL APPROVAL
()uiS tsftv,.tiy
Luis Estevez, Deputy City Administrator
Date: 3/11/2024
Infrastructure Engineers, a Bowman company
DEPARTMENTAL APPROVAL
Date:
Luis Estevez, Deputy City Administrator
Infrastructure Engineers, a Bowman company
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
Infrastructure Engineers, a Bowman company
City of Placentia, CA
On -Call Construction Management and Inspection Services Technical Proposal
Submitted by: Submitted to:
Sid Mousavi, MSCE, PE, Senior Principal
Infrastructure Engineers, a Bowman company
3060 Saturn Street, Suite 250
Brea, CA 92821
714.940.0700 I [email protected] 1 bowman.com
January 30, 2024
Chris Tanio, PE, Deputy Director / City Engineer
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
�INFRASTRUCTURE
% ENGINEERS
a Bowman company
Table of Contents
TAB # SECTION PAGE #
A Cover Letter
B Signature Requirements 1
C Executive Summary 2
D Project Team Organization 3
E Relevant Project Experience & References 12
F Understanding & Approach 16
G Scope of Work 23
H Schedule 26
Required Proposal Statements 27
J Proposed Exceptions 28
K Forms 29
Cover Letter
INFRASTRUCTURE
� ENGINEERS
a Bowman company
January 30, 2024
ChrisTanio, PE
Deputy Director / City Engineer
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
RE: RFP No. PW -24-01 On -Call Construction Management and Inspection Services Dear Mr.Tanio:
Infrastructure Engineers (IE), a Bowman company is honored to provide our qualifications for On -Call Construction Management and Inspection Services. IE has a reputation of meeting the expectations of our clients by employing experienced staff who understand construction management and inspection 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:
Masoud Sepahi, PE, LEED GA, our proposed Project Manager 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 capital projects, and he has first-hand knowledge of the city's standards, municipal codes and the city's current capital improvement programs. Masoud is currently assisting the city with management of the Golden Avenue Bridge and the Crowther Sewer Replacement projects, and he is eager to continue serving the city with the same degree of commitment as he has done over the last seven years.
Masoud is a true advocate of the city and he believes in the city's vision to make this city a better & safer place for the residents and at the same time creating opportunities for businesses to thrive. 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 are local and our headquarters is minutes from Placentia's city hall. 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 RFP while maintaining your strict budgeting priorities.
As an officer of the firm, I am authorized to negotiate and contractually bind and extend the terms of our proposal.1 acknowledge receipt of all addenda in relation to this RFP and this proposal will remain valid for a period of not less than 90 days from the date of submittal. Masoud Sepahi, will serve as the Project Manager and contact person throughout the evaluation period and will be responsible for the services listed in the RFP.
Masoud can be reached by phone at 949.375.6599, 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
Signature Requirements
Signature Requirements
Per the RFP, our cover letter is signed by an officer empowered by IE to sign such material and thereby commit IE to the obligations contained in this RFP response. Further, the signing and submission of our response indicates our intention to adhere to the provisions described in the RFP and a commitment to enter into a binding contract.
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 1
Executive Summary
Executive Summary
We have reviewed and studied the city's current Capital Improvement Projects and complied an experienced team, with key personnel that have worked on dozens of similar projects. Masoud Sepahi, PE, LEED GA, our proposed Project Manager, will be the single point of contact for the city on this contract. Masoud believes that the most important tool for any successful project is clear and consistent communication throughout the entire project duration. As the City Engineer, Director of Construction Management, Masoud has managed numerous traffic and roadway improvement projects in addition to various complex buildings and facilities construction and renovations. He will communicate regularly with the city and initiate conversations with the contractor on a comprehensive work plan, to ensure the project proceeds on time and on budget.
Our proposed Construction Managers (CMs), Arjan Idnani, Homayoun Behboodi, Hormoz Vahid, Mike Kapanpour and Michael Aminian have many years of experience with various improvements including roadway rehabilitation, traffic signal upgrades, parks, city facilities, utility installations and many other types of capital projects, which the city plans to construct.
Our CMs will be assisted by our Inspectors; !mad Zureigat, Christopher Koontz, Anselo Ybarra, Miguel Hernandez and Malcom Weatherbie. Our CMs and inspectors have worked together on many other projects and they make an outstanding and responsive team. We have also included Cindy Guerrero to our team to assist the city with any public outreach that may be needed. Cindy will work with the city to establish a positive relationship between the construction team and to keep the residents informed of the city's goals and objectives. Cindy has assisted our clients in this role and she is an important part of our management team. As a common practice, Cindy attends council meetings for all the cities that we serve, to listen and learn about the challenges and the issues on the projects and the community.
Our team is also complemented by Epic Land Solutions, who will be assisting us with right-of-way and property appraisals, Southwest Inspection & Testing for providing deputy inspection services. Southwest was the consultant used on many of the city's utility work associated with private developments and they are familiar with the city's codes and standards. We also have On Point Land Surveying for surveying work and P.A. &Associates for geotechnical engineering. As part of our team, we are introducing Jay Shih, who will be assisting the city with ADA design review and inspection for all ADA improvements. Jay Shih possesses certification in many ICC codes, in addition to being a certified CASp. Our team is also be assisted by our project administrator, Nathan Kirby for handling many of the administrative task involved with management of the submittals, RFIs, payment requests, labor compliance and other important documents related to the grant funding documentations.
As the Director for IE's construction management services, Masoud will intimately oversee and lead our entire team for every task that we will be assigned to by the city over the entire contract duration. Masoud will also be the construction manager for the city's building and facilities projects. Masoud has managed construction on many complex building projects, some of which were very similar to the types and complexity of the ones coming up for the City of Placentia. With this team, we believe the city has all the expertise that are needed for your upcoming capital projects.
The following organizational chart shows the depth and breadth of our team, where we have included staff that bring many years of experience delivering capital projects on time and on budget. We understand that the city will need construction management and inspection services for various types of projects, including, roadway rehabilitation, slurry seal, parks, City Hall renovation & upgrading, and a bridge over the Carbon Canyon on Golden Avenue. For the bridge construction, Masoud has hand selected a construction manager who has managed numerous bridges and overpasses. MichaelAmanian is a seasoned bridge expert, who is ready to assist the city with construction of the upcoming bridge project. We have also included Arjan Idnani, who has managed numerous roadway improvement projects, including two major streetscape programs as well as parks and city facilities. Arjan is supported by other construction managers and our seasoned inspectors.
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 2
Project Team Organization
IProject Team Organization
Community Relations
•
Construction Manager
Hormoz Vahid
Afr
Inspector
Malcom Weatherbie
Right -of -Way & Property
Appraisal Services
Epic Land Solutions
KEY
Management
Cynthia Guerrero
City of Placentia
Project Manager / Construction
Manager
c
Construction Manager
Arjan Idnani, MSCE
F40
Inspector
!mad Zureiqat, EIT
Deputy Inspection
Masoud Sepahi, PE, LEED GA
Southwest Inspection & On Point Land Surveying
Testing
4 Construction Manager
Homayoun Behboodi,
MSCE
•
Inspector
Christopher Koontz
Topographic & Property Survey
Support
Subconsultant
OKey Personnel
ADA/CASp
Jay Shih, CASp, PE
•
Construction Manager
Mike Kapanpour, MSCE, PE
•
Inspector
Anselmo Ybarra 111
Geotechnical Engineering
P.A. & Associates
r
0 Bridge Construction Manager
Mike Amanian
Engineering Management Consulting,
Inc.
•
Inspector
Miguel Hernandez
Project Administrator
Nathan Kirby
*AVAILABILITY: Construction Managers and Inspectors will be available to start projects upon the city's request. Our staff will be available 100% once assigned.
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 3 IProject Team Organization (cont.)
Include contact information.
Masoud Sepahi, will serve as the Project Manager and the main point of contact for the city and can be reached by phone at 949.375.6599, or by email at [email protected].
Provide a brief summary of the Prime firm's history and experience providing the requested services on similarly sized and scoped projects.
Since our founding in 1994, IE has been committed to excellence. We stand behind our reputation to provide only the highest level of products and services to the cities we serve. For the past 29 years, our pursuit of excellence has shown us that one way we can be the best for our clients is to offer a broad spectrum of services. IE was established to provide professional engineering and municipal services to cities in Southern California. From the beginning, we have been committed to making a difference in the communities we serve by helping cities maintain and improve their infrastructure and by supporting their capital improvement programs. Our clients continue to see consistency in engineering design protocols, project management practices, staff familiarity, and complete understanding of a project, since we take projects from initial concept design through construction and final acceptance by the City Council. Our staff of professionals have been employees of cities or have been in managing or supporting roles as out -sourced contractors to cities, many of whom have served as city staff for decades. Our team thoroughly understands city operations, budgets, and priorities which allows us to be a strong advocate for the City of Placentia. Because assisting cities is all we do, we know your concerns about schedules, budgets, and keeping change orders to an absolute minimum. We consider these matters in every project that we engineer and oversee. And because we take our clients' projects from preliminary design through construction, we know how to manage and overcome challenges on any type of capital improvement project. We believe IE is the best choice for the City of Placentia because we offer a proven track record of delivering successful projects for many other cities. Within the past two years alone, we have completed projects under Master Services Agreements (MSA's) with the following California cities:
• City of Huntington Park - SB1 Street Enhancement Project FY 20 / 21 (seven streets) • City of Baldwin Park - SB1 Street Improvement and Rehabilitation Project FY18 / 19 (two streets) • City of Baldwin Park - SB1 Fund Street Rehabilitation Project • City of Baldwin Park - SB1, Puente Avenue / Garvey Avenue • City of Baldwin Park -Various Streets FY 17 / 18 (16 streets) City of Bell Gardens - SB1 Fund Various Street Improvement Project (15 streets) • City of Bell Gardens - Gage Street (three segments)
• City of Hawaiian Gardens - Various Streets (six streets) City of Hawaiian Gardens - SB1 Various Streets, FY 19 / 20 (17 streets) • City of Brea - Miscellaneous Alley and Sewer Projects • City of Lynwood - Los Flores Boulevard Street and Median Island Improvements • City of Manhattan Beach - Sewer and Water Main Replacement Project Include a summary of the firm's experience, if any, with the City of Placentia.
Currently, we are managing two projects for the City of Placentia, the Crowther Sewer Replacement and the Golden Avenue Bridge projects. Masoud is assisting the city with managing both of these projects and he looks for an opportunity to continue serving the city on the upcoming roadway rehabilitation and building renovation projects. Iraj Mansouri of IE is also providing plan checking for the Development Services Department.
Infrastructure Engineers, a Bowman company l On -Call Construction Management & Inspection 1January 30, 2024 4
Masoud Sepahi, PE, LEED GA
Project Manager / Construction Manager
Experience
Placentia Public Safety Building 1 City of Placentia, CA City Hall HVAC & Solar Improvements1 City of Placentia, CA TOD Crowther Sewer pipeline1 City of Placentia, CA
Golden Avenue Bridge Replacement1 City of Placentia, CA Main Street Parking Improvements1 City of Placentia, CA Citywide Sidewalk Repair Program 1 City of Placentia, CA FY 2017-2023 Roadway Rehabilitation 1 City of Placentia, CA FY 2017 - 2023 Slurry Sealing Program 1 City of Placentia, CA Traffic Signal Synchronization Projects1 City of Placentia, CA HSIP Cycle 9 Traffic Safety Project 1 City of Placentia, CA Old Town Sewer Rehabilitation Project 1 City of Placentia, CA Old Town Streetscape Master Plan 1 City of Placentia, CA Crenshaw / LAX Transit Corridor 1 Los Angeles Metro, CA Purple Line Transit Corridor 1 Los Angeles Metro, CA
Cesar Chavez Roundabout1 City of Los Angeles, CA
2nd Level Roadway Repair Project 1 City of Los Angeles, CA Domestic and Fire Waterline at LAX1 City of Los Angeles, CA Michael Aminian, PE
Bridge Construction Manager
Michael is a professional civil engineer with more than 30 years of experience in fast track design, construction, and management of large infrastructure and transit projects.
Experience
Orange County Great Park1 Irvine, CA
Traffic Signal Systems Upgrade' Irvine, CA
LA Metro Purple Line Section 11 Los Angeles, CA
Metro Crenshaw / LAX LRT Corridor Construction Management' Los Angeles, CA
Jeffrey Road Grade Separation Project 1 Irvine, CA
Greater Houston Wastewater Program (GHWP) 1 Houston, TX Tunnel and Reservoir Plan (TARP)1 Chicago, IL
Superconducting Super Collider 1 Ellis/Dallas, TX
Second Manapouri Tailrace Tunnel Project I Manapouri, NZ Cole Park Detention Basin and Tunnels1 Dallas, TX
San Antonio Flood Diversion Tunnels San Antonio, TX
Las Colinas Urban Center Area Personnel Transit System 1 Irving, TX *Experience prior to joining the firm
Education
B.S. Civil Engineering, Loyola Marymount
University
Structural / Civil Engineering, California
State University, Northridge
Registrations
Professional Civil Engineer: California
(#52786)
Leadership in Energy and Environmental
Design Green Associate (LEED GA)
Education
B.S. Civil Engineer, Illinois Institute of
Technology, Chicago, Illinois
Registrations
Professional Engineer:Texas
Associations
Member, National Society of Professional
Engineers Member, Construction
Management Association of America
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January30, 2024 5
Mike Kapanpour, PE
Construction Manager
Mike has over 35 years of experience in the management and design of a wide variety of public works projects including site development, pavement rehabilitation, parks, street widening, storm drain, and sewer & water improvements. Mike has a well-rounded understanding of public works and the challenges of building a public project through his experience as both a municipal employee and a consultant. He has worked on all phases of public projects from planning through construction and has been responsible for directing development review and capital improvement programs with several agencies in Southern California.
Experience
California High -Speed Rail Project 1 CA
1-405 Sepulveda Pass Widening Project' Los Angeles, CA
Plan Check Services for Various Development Projects1 City of Poway, CA City's Pavement Management Program 1 City of Los Alamitos, CA Pacific Street Bridge1 Oceanside, CA
Development Plan Checking Services1 City of Pomona, CA
Pavement Management Program Management' Various Cities, CA Arjan Idnani, MSCE
Construction Manager
Arjan has worked on major infrastructure projects and on public works improvement and rehabilitation projects throughout California. His experience includes many capital improvement projects, construction management, project management / controls, and contract administration. Arjan's experience also includes street improvement projects, water main line replacements, slurry seal improvements, traffic signal improvements, and sanitary sewer improvements in several cities, including the City of Bell Gardens, Montebello, Baldwin Park, South Gate, and South EI Monte.
Experience
New Traffic Signal at the Intersection of Garfield Avenue and Madison Avenue1 City of Montebello, CA
Widening of Kauffman Avenue and Dorothy Avenue and Construction of Firestone Median 1 City of South Gate, CA
Santa Anita Traffic Signal Modifications1 City of South El Monte, CA Construction of Central Park West 1 City of Baldwin Park, CA Urban Bicycle Project 1 City of Lynwood, CA
Traffic Signal Poles1 City of South El Monte, CA
*Experience prior to joining the firm
Education
M.S. Civil Engineering
B.S. Civil Engineering
Registrations
Professional Civil Engineer: California
(#57363)
Certifications
Construction Management Certificate
American Public Works Association
(APWA) Public Works Inspection
Certificate
Caltrans Construction Management
Program
Education
M.S. Civil Engineering, California State
University, San Jose
B.S. Civil Engineering, California State
Polytechnic University, Pomona
Infrastructure Engineers, a Bowman company l On -Call Construction Management & Inspection 1January30, 2024 6
Homayoun Behboodi, MSCE
Construction Manager
Over the course of his professional career, he has provided project management and construction oversight on over 75 capital improvement projects. His responsibilities as a Principal -in -Charge and Project Manager included Capital Improvement Program (CIP) implementation for arterial highway, sewer, storm drain, special projects; project budgeting and scheduling; construction planning; RFPs for design services, contract administration and inspection, hiring consultants, for sewer, storm drain, traffic studies, material testing, surveying and National Pollutant Discharge Elimination System (NPDES) oversight.
Experience
Street Rehabilitation (CDBG Project) 1 Cities of Hawaiian Gardens and Montebello, CA
Norwalk Boulevard Utility Underground District Rule 20A ' CityofHawaiian Gardens, CA
HSIP Cycle 8 ' CityofHawaiian Gardens, CA
Redevelopment and Development Plan Review 1 Cities of Hermosa Beach, City Hall Renovation 1 City of Hermosa Beach, CA*
Combined Sewer and Pavement Rehabilitation Projects 1 City of Hermosa Beach, CA*
Hormoz Vahid
Construction Manager
Hormoz has performed project / construction management in addition to inspection on many types of CIP projects with various Cities in the Southern California region.
Experience
Various Capital Improvement Projects and Inspection 1Montebello, CA Bluff Road Improvements 'City of Montebello, CA
Garfield Avenue Improvement Project 1 City of Montebello, CA Via Campo Street Improvement 1 City of Montebello, CA
Beverly Boulevard Improvements 'City of Montebello, CA
Public Works Inspector / Permit Engineers 1 City ofBell Gardens, CA Field Engineer / CAD Designer 1CA
Lotus Consulting Engineers, Inc 1CA
*Experience prior to joining the firm
Education
M.S. Civil Engineering, Georgia Institute
of Technology
B.S. Civil Engineering, N.E.D. University of
Engineering &Technology
Registrations
Professional Civil Engineer: California
(#55518)
Project Management Training Program
Certificate, City of Los Angeles
Education
B.S. Civil Engineering, Texas A&M
University
Registrations / Certifications
40 Hr. HAZWOPER, Certificate No.
2401404,2012
Deputy Inspector #561, City of Irvine
(concrete, steel, masonry, & asphalt)
Moisture Density Nuclear Gauge
Certification -Troxler Laboratories
Final Inspection Orientation Certificate
California Governor's Office of
Emergency Services
Infrastructure Engineers, a Bowman company l On -Call Construction Management & Inspection 1January30, 2024 7
Jay Shih, CASp, PE
ADA /CASp
Jay Shih is a veteran civil engineer, building official, construction manager, access specialist, structural and engineering designer and plan checker with 41 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.
Experience
Certified Access Specialist (CASp) 1 City of Corona, CA Principal of Building & Safety Division 1Brea, CA
City Engineer 1 Cities of Artesia and Baldwin Park, CA
Building Official 1 Cities of Huntington Park, Montebello and Baldwin Park, CA Building Official and Principal Plan Check Engineer 1 Cities of Rosemead and La Puente, CA
Senior Plan Check Engineer 1 Cities of Baldwin Park and Huntington Park, CA Fire Plans Examiner 1 City of Costa Mesa, CA
Director of Engineering Department 1 City of Los Angeles, CA* Civil Engineer 1 City of Los Angeles, CA*
Structural Engineering Associate 1 City of Los Angeles, CA* Cynthia Guerrero
Community Relations
Cynthia has extensive experience in public transit management, government affairs and public affairs. Her expertise includes administrative management, program development, and strategic planning while overseeing business processes and client communications. Cynthia collaborates with client stakeholders to ensure streamlined communications and execution of work in accordance to contracts, acts as a liaison between clients and internal executives to resolve city-wide projects according to timelines and within budget.
Experience
A partial list of the cities Cynthia has utilized her expertise in include: Adelanto, Anaheim, Artesia, Baldwin Park, Bell Gardens, Brea, Compton, Covina, Corona, El Monte, Glendale, Hawaiian Gardens, Huntington Park, La Puente, Lynwood, Norwalk, Moreno Valley, Pomona, San Bernardino, and many more. *Experience prior to joining the firm
Education
M.S. Geotechnical Engineering,
University of Sao Paulo
Registrations
Professional Civil Engineer: California
(#46841)
DSA Certified Access Specialist (#CASp-
683)
ICC Certified Building Official (CB)
ICC Certified Building Code Specialist
(B8)
ICC Certified Building Plans Examiner
(B3)
Qualified SWPPP Practitioner &
Developer, QSP / QSD (#22265)
City of Los Angeles Certified Deputy
Grading Inspector
Education
B.S. Public Administration, California
State University, Dominguez Hills
Infrastructure Engineers, a Bowman company l On -Call Construction Management & Inspection 1January30, 2024 8
Imad Zureiqat, MS, EIT
Inspector
Imad has more than 40 years of experience in construction inspection and resident engineer tasks. He has been responsible for successful delivery of many types of CIP projects for variety of Cities in the Southern California Region. He is a very experienced inspector with impressive credentials and certifications. He is an integral part of IE's inspection group.
Experience
Construction of Urban Bicycle Project I City of Lynwood, CA Maine Avenue Improvement Project 1 City of Baldwin Park, CA Long Beach Boulevard Street Improvement Project 1 City of Lynwood, CA Pacific Pedestrian &Transportation Improvement Project 1 City of Huntington Park, CA
Sanitary Sewer System and CCTV Monitoring Program 1 City of Montebello, CA Malcom Weatherbie
Inspector
Malcolm Weatherbie is a journeyman electrician and construction inspector with 17 years of experience. His experience in the construction industry has translated into vigilant oversight of the construction of public works projects.
Experience
Various Projects 1 City of San Bernardino, CA
Building and Facilities Capital Improvement Plan City Hall Council Chambers Lighting Upgrades 1 City of Bell Gardens, CA
HSIP Cycle 8, Various Intersection Improvements 1 City of Bell Gardens, CA Pavement Repairs and Skin Patch of Various Streets CDBG Zone I City of Montebello, CA
Long Beach Boulevard Street Improvements Phases 1 & 2 ' CityofLynwood, CA Downtown Public Parking Improvement Project 1 City of El Monte, CA Alley Improvement Project 1 City of Bell Gardens, CA
Aquatic Center and Football Field 1 City of Huntington Park, CA Taylor Ranch Greenspace 1 City of Montebello, CA
*Experience prior to joining the firm
Education
MS, Engineering, Moscow Civil
Engineering Institute
Registrations
Engineer -in -Training, CA
Special Inspector Certificates: Structural
Masonry, Reinforced Concrete,
Prestressed Concrete
ACI Field Technician Grade 1 Certificate
General Building Contractor License (B)
Division of the State Architect (DSA)
Regulations & Procedures (Part I, II, III)
Education
Associated Builders & Contractors, Inc.
Southern California
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January30, 2024 9
Anselmo Ybarra 111
Inspector
Anselmo has recorded construction inspection reports, contractor documentation and contract compliance. Generated winterization plans and spreadsheets for monthly / quarterly / annual Water Board compliance. Prepared cost estimates for public works projects. Prepared and performed Monthly Safety Meetings. Continuous mandatory training and certification including hazardous waste. Produced plans, details, and maps in MicroStation for public works and operations projects. Recorded meeting minutes and documentation for public works projects and Monthly Site Meetings. Researched, allocated, and ordered equipment and materials for the completion of various projects. Coordinated with multiple divisions within the Department of Waste Resources. Performed monthly site inspections at multiple landfill locations throughout the County of Riverside. Inspected Protective Cover Soil placement. Operations support. Set lines, grade, and stakes with multiple electronic and hand survey equipment.
Traffic control striping for entry road, fee booth and Waste Recycle Park.
Experience
ASAP General Engineering LLC 1Moreno Valley, CA*
Lamb Canyon Sanitary Landfill 'Moreno Valley, CA*
Riverside County Department of Waste Resource 1Moreno Valley, CA* Christopher Koontz
Inspector
Chris has been responsible for reviewing site plans and traffic control before start of job. Oversaw the construction and ensured the job followed plans and specifications. Photographed work. Wrote daily reports including photos taken to show daily progress. Maintained constant communication with everyone involved on the project to ensure all were up to date with what is happening in the field. Chris has also been responsible for providing CAD drafting support services to a technical engineering team. Performed skilled drafting work in preparing preliminary and final engineering drawings, plans, and maps. Prepared presentation -ready exhibits using proposed information from other consultants or mark-ups from design staff. Manipulated existing information to prepare composite exhibits and plans. Produced finished drawings from preliminary design sketches and instruction provided by design staff.
Experience
NV5 1Anaheim, CA*
Onward Engineering 1Anaheim, CA*
N Consult Engineers 1 Irvine, CA*
ENGEO Inc. 'Irvine, CA*
*Experience prior to joining the firm
Education
A.S. Applied Art in Science with Great
Distinction
Registrations
Contractors State License Board (CSLB):
California (#903350)
Loudoun County Chamber of Commerce;
Board of Directors (2011-2018), Executive
Committee (2017-2018)
Education
Construction Management, Orange
Coast College
Certifications
Occupational Safety and Health
Administration (OSHA) 30 Safety
Certified
Storm Water Pollution Prevention Plan
(SWPPP) Certified
Visible Emissions Certified
Nuclear Gauge Certified
Infrastructure Engineers, a Bowman company l On -Call Construction Management & Inspection 1January30, 2024 10
Miguel Hernandez
Inspector
Miguel has experience in administrating department budget and various funding source types; local tax, state and federal grants. Responsibilities include overseeing local municipalities capital improvements of public facilities, roadways, sewer mains, storm drains and traffic signals. Miguel oversees project teams consisting of community stakeholders, in-house staffing, utilities, consultants and contractors to perform major infrastructure improvements and maintenance operations. Oversees project teams to prepare construction plans, specifications and estimates for public capital improvement projects. Reviews subdivision projects for conformance with municipal codes and Subdivision Map Act. Reviews development grading plans, off-site improvements, soils reports and subdivision infrastructure for compliance with city's Municipal Code, Low Impact Development and ADA requirements.
Experience
Public Works Project Supervisor 1 City of West Covina, CA* Civil Engineering Associate 1 City of West Covina, CA*
Civil Engineering Assistant 1 City of West Covina, CA*
Civil Engineering Technician 1 City of West Covina, CA* Project Manager - Dale Evans and Associates 1 Tustin, CA* Nathan Kirby
Project Administrator
Most of Nathan Kirby's career has been spent in service to municipalities in Los Angeles County. He has held positions in which he has been responsible for administrative duties related to public works projects, construction and quality control.
Experience
Complete Street Improvements on Maine Avenue Project ' CityofBaldwin Park, CA
Garfield Avenue Improvements Project 1 City of Bell Gardens, CA ATP Cycle 2 Uncontrolled Crosswalk Pedestrian Safety Enhancements Improvements Project 1 City of Huntington Park, CA
Water Main Replacement Project 1 City of Huntington Park, CA *Experience prior to joining the firm
Education
B.S. Construction Engineering
Technology, California Polytechnic
University, Pomona
Education
Business Administration, Cypress
College, Cypress, CA
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January30, 2024 11
Relevant Project Experience & References
Relevant Project Experience & References
See the following table for a summary of our experience in various disciplines similar to the services needed by the City of Placentia.
City of Placentia FY 2023-25 CIP Projects IE Project Experience Summary Traffic Signal Improvement Projects
Parks, Buildings and Recreation Facilities
Bridge Construction and Maintenance
Roadway Rehabilitation & Slurry Seal Projects
Other Misc., Utilities - CIP Projects
• HSIP Cycle 8, City of Bell Gardens, CA
• ATP Cycle II, City of Huntington Park, CA
• ATP Cycle III, City of Huntington Park, CA
Susan Rubio Zocalo Park and Civic Center, City
of Baldwin Park, CA
Sports Complex at John Anson For Park, City of
Bell Gardens, CA
Aquatic Center, City of Maywood, CA
• Bellflower Park, City of Adelanto, CA
• Home 2 Suites, City of Montebello, CA
Golden Avenue Bridge Replacement Project,
City of Placentia, CA
Montebello Blvd. Widening, Bike Lane and
Sidewalk Improvements, City of Montebello, CA
Paving the Way, City of Montebello, CA
Long Beach Blvd. Improvement Project, City of
Lynwood, CA
Eastern Avenue and Florence Intersection
Improvements Project, City of Bell Gardens, CA
• Los Flores Blvd. Street Rehabilitation Project
City of Lynwood, CA
• Garfield Avenue Improvements, City of Bell
Gardens, CA
• Urban Bike Trail, City of Lynwood, CA
• Big Dalton Wash, City of Baldwin Park, CA
Thelma Avenue Water Main Installation, City of
La Palma, CA
Aquatic Center, City of Huntington Park, CA
TOD Crowther Sewer, City of Placentia, CA
• Thelma Ave. Water Main, City of La Palma, CA
• Well, Booster Station, City of Bell Gardens, CA
Lilita St. & Eve Ave. Storm Drain Improvements,
City of Lynwood, CA
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January30, 2024 12
Lynwood Urban Bike Trail
Lynwood, CA
Client
City of Lynwood, CA
Julian Lee
Director of Public Works
11750 Alameda Street
Lynwood, CA 90262
310.603.0220 ext. 801
Cost
$6.7M
Schedule
2022 - 2023
Services Provided
Civil Engineering
Construction Management and
Coordination
Inspection
Description
"2023 American Public Works Association (APWA) Southern California Chapter Project of the Year" in the Recreation and Athletic Facilities category.
The trail features a hot mix asphalt (HMA) bike path, seamlessly integrated curb and gutters and curb ramps to ensure accessibility for all. Retaining walls and concrete swales enhance both functionality and aesthetics, while concrete box culverts and permeable pavers contribute to efficient water management. The project also provided amenities such as drinking fountains, pedestrian lighting, bike racks, bike path signs, wayfinding, and interpretive signs along the bike trail. One of the important aspects of the project was the addition of more than 250 trees in between the new landscaping of more than 7,000 new shrubs.
The project was completed on time and within budget.
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January30, 2024 13
Montebello Boulevard Widening Project
Montebello, CA
Client
City of Montebello
Danilo Batson
Former Director of Public Works
1600 W. Beverly Boulevard
Montebello, CA 90640
323.889.9976
Cost
$2.7M
Schedule
2018 - 2019
Services Provided
Construction Management
Inspection
Labor Compliance
Utilities
Civil Engineering
Description
"2021 American Public Works Association (APWA) Southern California Chapter Project of the Year" award winner.
Our team provided construction management and inspection services on this project to widen Montebello Boulevard to accommodate a new class II bike lane on the easterly side of the boulevard. Activities included the excavation of approximate 8,000 CY of dirt to make room for the widening required; construction of 5 -ft high retaining wall; installation of a raised PCC medians with decorative percolation system and landscaping; traffic signals upgrades; construction of a reclaimed water line from Lincoln Avenue to Jefferson Avenue; relocation of water lines, gas lines and streetlights; grind and overlay of approximately 500,000 sq. ft. ground and 10,000 T of AC; new thermoplastic striping; coordination with Fish and Wild Life to protect nesting of birds due to the potential impact of the roadway widening adjacent to a natural reserve along; coordination was also necessary with SCE for the removal and re -installation of streetlights.
The project was completed on time and within budget.
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January30, 2024 14
Long Beach Boulevard Improvement Project
Lynwood, CA
Client
City of Lynwood, CA
Julian Lee
Director of Public Works
11750 Alameda Street
Lynwood, CA 90262
310.603.0220 ext. 801
Cost
$11.3M
Schedule
2017 - 2020
Services Provided
Construction Management
Inspection
Labor Compliance
Civil Engineering
Description
"2020 American Public Works Association (APWA) Southern California Chapter Project of the Year" award winner.
Our team provided construction management, inspection, and labor compliance for this project that involved roadway resurfacing of 192,779 sq. ft. with a section of 2 -in AC top course and 1 -in AC leveling course and 40,000 sq. ft. with a section of 2 -inch of asphalt rubber hot mix (ARHM) over' -in SAMI sealant and 1 -in leveling course.
Concrete improvements included 4 -in sidewalk, driveway approaches, cross gutters, curb and gutter, curb ramps, installation of 16 detectable warning surfaces on existing curb ramps, and construction of six new bus pads. Our inspectors provided compliance with plans, specifications, and the contract; oversaw traffic control, and provided daily log and inspection report entries, including pictures of the project.
Reviewed and reported contractor claims, prepared weekly update reports, and reviewed contractor's invoices, verified completed work and approved all quantities.
The project was completed on time and within budget.
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January30, 2024 15
Understanding & Approach
Understanding & Approach
DETAILED WORK PLAN FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES The City of Placentia has a robust Capital Improvement Program (CIP), which includes projects in various categories.
Infrastructure Engineers was established with a prime objective to assist municipalities with a seamless and quality service.
Our approach has always been to provide a comprehensive array of professional services to our city clients. To this end, IE was organized to assist Cities with every type of service that is required for the city to maintain and support the city's infrastructure.This unique approach has enabled us to serve our clients seamlessly and at the same time grow in the communities where we live and work. We are committed to supporting our clients and we look forward to doing the same for the City of Placentia.
IE is essentially divided into two groups, civil design / environmental, and project management and construction management services. We have the advantage of utilizing our capabilities and resources interchangeably without any barriers, where we collaborate to provide our clients with one-stop shop services, helping our clients manage their projects quickly and effectively. As of June 12, 2023, Infrastructure Engineers (IE) has officially joined Bowman. Bowman is a national professional services firm offering multi -disciplinary engineering, planning, surveying, geomatics, construction management, structural design, MEP, fire /life safety systems, environmental consulting, landscape architecture, and right-of-way acquisition. This merger provides both companies with a stronger foundation to provide our clients with even more resources and technical capabilities, while offering the same level of commitment to our clients and employees.
Our approach starts with meeting with our clients to truly understand their needs and to get to know the project's background, budget and schedule in addition to any specific challenge that might exist. This will allow our team to form the right plan for managing the projects in the most efficient and cost-effective way possible. We will then be able to formulate the right team for delivering projects by assigning work to our experienced knowledgeable team members in each defined category, based on the city's priorities, budget and schedule. IE will be working diligently and proactively with the city's project manager to finalize a fee proposal for each task order and to start mobilizing staffing to the satisfaction of the city.
Bowman On -Call Workflow
IE Prepares
Preliminary
Staffing Plan
Kick -Off
Meeting
Pre -construction
Phase Services '
Infrastructure Engineers, a Bowman company l On -Call Construction Management & Inspection 1January 30, 2024 16
Understanding & Approach (cont.)
We have studied the City of Placentia's CIP list of projects and the following is a table showing our collective experience with each type of project, where we have successfully completed and delivered projects in behalf of a few selected key clients. As you can see, our construction management capabilities include very similar types of projects that the city plans to construct over the next five years. Our team brings all the required resources in one place and under one contract. We propose to do the same for the City of Placentia, either as staff augmentation, or as stand-alone projects or task orders. In any case, we are ready and willing to serve the city of Placentia, to achieve your project goals and objective, meeting the city's allocated budgets and delivery schedules.
City Client
City of Baldwin Park
City of Bell Gardens
City of Brea
City of Compton
City of El Monte
City of Glendale
City of Glendora
City of Hawaiian Gardens
City of Huntington Park
City of La Palma
City of Lawndale
City of Lynwood
City of Manhattan Beach
City of Maywood
City of Montebello
City of Pico Rivera
City of San Bernardino
City of Villa Park
✓ ✓
✓ ✓
✓ ✓ ✓
✓ ✓
✓ ✓ ✓
✓ ✓
✓ ✓
✓ ✓
✓ ✓ ✓
✓ ✓ ✓ ✓ ✓
✓ ✓ ✓ ✓ ✓ ✓
✓ ✓ ✓
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
✓ ✓ ✓
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
✓ ✓ ✓ ✓ ✓
* Miscellaneous (MS): Utility Master Planning, Traffic Study, Pavement Management Support, ADA Transition Plan and Management Support, Property & Right -of -Way Appraisals & Acquisition Services, GIS Support Services, City Facilities Fiber & Micro -Trenching Support.
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January30, 2024 17
Understanding & Approach (cont.)
Construction Management
Construction management starts with "Responsiveness and Clear Communication."To facilitate seamless communication with the city, we have identified Masoud Sepahi, who has served the City of Placentia in the past, and he is very familiar with the city's needs and programs. Masoud will be the main point of contact for the city and the main person overseeing the contract.
Masoud is the Director of Construction Management Services, and he oversees all contracts to ensure full compliance with our commitment to serving our clients. He believes that being responsive to the city's needs and clear lines of communication between the team members is the recipe for success on any project, regardless of size and complexity. Masoud will promote a reporting system that he has used with many other clients, which he will be using for the City of Placentia. As a common practice on every contract, IE will prepare and submit a comprehensive report to the City of Placentia.This executive level report summarizes the status on all the task orders and the projects, including costs, budgets, schedules, key issues and challenges with each project and other executive level reports and charts as requested by the city. Masoud will meet with the city's project manager once a month to go over this report and to learn more about the city's concerns and issues. This reporting structure has served well with other Cities, and we propose to do the same for the City of Placentia at no cost to our clients.
Pre -construction Phase Services
The key to a successful project delivery starts, before the project goes out to bid, therefore, it is paramount for the IE team to work with the city to foresee any issues or challenges that may hinder the project during construction. One of the challenges currently facing most projects is the cost escalation and availability of materials. Other challenges include utility conflicts and unforeseen field conditions.The following summarizes the various ways that we can tackle each potential issue during the Pre -construction phase, based on our current and past experiences with similar types of projects:
• Learning City's needs - After a thorough review of all the project information and contract documents, IE will arrange for a kick-off meeting with city staff, the designers, and other stakeholders to learn more about the project background and any particulars on the project that the PM / CM team should know about. Our goal is to learn as much as possible from key stakeholders and the status of the funding, in addition to meeting key city staff and introducing the IE team. In our experience, coordination with various city staff and city departments in addition to the outside influencers is key to a successful start.
• ADA & Energy Compliance - Some of the other reviews by the IE team during the pre -construction phase will include evaluation of the project scope to see if the city will desire to update and repair such items as ADA curb ramps, ADA & Cal Green compliance, curb / gutter and sidewalk evaluation and repairs, energy audits, solar power, EV charging stations, etc. Working on similar projects, we have found that inclusion of such items will benefit the city tremendously.
We understand that the city will be adopting a new ADA Transition Plan and our team has assisted other city's with implementing these plans in the most efficient and cost effective way.
• Cost Estimating - IE will review the concept plans and the current budgets to assist the city with determination of accurate budgets to be used for the city's CIP program. Our team has a robust database of current bids which can be used in determining cost for various types of public improvement projects. We have established these estimates based on the latest unit pricing and bids received on other recent projects in the southern California region. IE will compare these estimates against the city's standing budget and schedule and will make recommendations for adjusting costs and budgets if necessary.
Our certified CASp expert Jay
Shih will ensure full compliance
with the latest ADA provisions.
Other inspection activities include
conducting field construction
employee interviews to comply
with Equal Employment
Opportunity Law and Davis Bacon
Act.
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January 30, 2024 18
Understanding & Approach (cont.)
• Right-of-way - It is critical to identify and resolve any right-of-way issues that may exist on any type of CIP projects. Prior to starting construction, there are many ways to determine if there are any ROW issues on projects, starting with a review of available as -built plans, County maps, GIS maps, title report search and conducting a boundary / property survey of the properties in question. IE's subconsultant team Epic Land Solutions can assist the city during the pre -construction phase to identify any potential issues on the property boundaries and draw the appropriate legal documents, such as easements, dedications, and Lot line adjustments to resolve any potential legal issues. • Agency Coordination - IE team will Identify High -Risk Locations (schools, businesses, high-density residential areas, etc.),Trash Pickup and Street Sweeping Schedules, and coordination with major stakeholders, such as Caltrans, OCTA, neighboring cities, OCFC, etc. for informing them of the projects and to receive their input on the plans. We will also assist with preparation of cooperative agreements and license agreements between the city and outside agencies, when it's necessary.
• Quality Control and Quality Assurance (QA / QC) -There are several key elements when reviewing the bid documents.
Our goal has always been to make the plans and specifications and all the attachments clear to understand and to remove any discrepancies that might exist in the documents prior to bidding. As part of our Red -team QA / QC review, we will make sure that the review is conducted by people that have expertise and are licensed and qualified to perform reviews for each trade.These reviews also include constructability and value engineering reviews, to ensure that all details are correctly cross-referenced and are clear to read and understand. Other constructability items include identification of long -lead components on the project, ROW issues, utility verifications, verification of unit prices and quantities.
• Utility Conflicts - Regarding utility conflicts, it is very important to identify and show all the existing utilities on the contract documents and to include provisions in the Contract for the contractor to conduct potholing. It is also important to make sure that the Contractor conducts this potholing in advance of start of any excavation work. IE team has introduced various safeguards for dealing with unforeseen utilities that the contractor may encounter during construction.
• Bid & Award - We are glad to see that the city is utilizing the online Planetbids for managing the bidding and award process. This system has worked very well in the past on many other projects, ensuring that all questions, addenda, and project information are received quickly and accurately. This system also reduces the chances for information getting lost or not delivered to potential bidders.
• Bid Review - After bids are received, IE will review and evaluate bids for accuracy and responsiveness, based on the directions given in the Instruction to Bidders.This review will include checking the entire bid, to ensure that all forms have been signed, valid and proper bid -bonds are included, there are no math errors, all the forms have been completed, sub -contractors have been listed with each percent share of the work identified, references have been listed and to make sure that all the licenses and credentials have been secured.
Construction Phase Services - Resource Allocation
Our approach for managing each project will be to collaborate and coordinate our activities with the city's project manager in providing as -needed services and at the same time, introduce many of the lessons learned from our past projects.
Prior to start of any construction project and / or activity, IE will meet with the city to formulate a work plan and a resource allocation matrix for each individual project to build a robust team to administer and manage construction contracts, in accordance with the city's needs and budget. IE will also establish the individual We utilize an electronic project
management system that
will allow seamless transfer of
information between the project
team, including architects,
engineers, construction
management team and the
contractor.
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 19 Understanding & Approach (cont.)
needs of the project for other necessary services, such as field survey, geotechnical investigations, materials testing, SWPPP, NPDES Permitting and monitoring, environmental investigations and testing, deputy inspections and other specialty items as required.
• Filing Systems - In collaboration with the city, IE will set up an electronic filing system, to address all funding requirements by outside agencies, such as Federal, State, County and OCTA for securing grants and outside fundings.
IE will ensure to follow all grants funding requirements by following the latest guidelines for various programs, through the Caltrans' LAPM, County's SBDG and other grants managed by OCTA. We are now using the C -MIS on all of our construction projects and we will be more than happy to utilize this system on all of the Placentia Projects. C -MIS allows seamless exchange of information between all parties involved in construction activities in real time and has worked very well for our team members, allowing them to exchange information more rapidly and effectively. • Submittals and Schedules - IE will review and process contractor's submittals by first preparing a submittal -list for each individual contract. All submittals and deliverables that are required by the contract will be logged through the IE's project management system and routed to the project's architect and engineers for review and approval. As a standard practice, IE will meet with the city prior to bidding, to learn more about the city's requirements for purchasing equipment compatible with the items currently being used. We will also ensure that proper warranties are stipulated for certain items per the city's needs to ensure longevity of these systems over the long haul. Schedule: IE will prepare and submit to contractor a "Weekly Statement of Calendar / Working Days" report to ensure that the Contractor is fully aware of the schedule and the critical path activities, that may be in jeopardy. We have trained our inspectors to be informed of the latest construction techniques, traffic control rules and regulations, utility investigations and monitoring, and quality assurance requirements for each type of public improvement project. • Pre -Construction Meeting - IE will arrange and conduct pre -construction meetings with the Contractors, designers, inspectors and other key stakeholders. We will ensure to invite all city personnel that may be involved with the project, in addition to representatives from regulatory agencies that may be involved with permitting and grant funding. • Inspection and Field Activities - Daily construction logs shall be provided for the city's review on IE's web -based virtual project management software. The project inspector will review construction progress schedules on a regular basis to verify that the project is on schedule and on track with project milestones. Material Testing: IE's inspector will coordinate the materials testing requirements with the contractor and if necessary, we will facilitate an independent Quality Assurance Program, based on project needs. As part of our team, we have included P.A. & Associates and Southwest Inspection &Testing to provide all of the testing requirements on any of the city's projects. Daily Logs: Our daily logs have been tested and used on many other projects and are available real-time, to be viewed by any of the team members and the city. Our inspectors have been trained to monitor various contract compliance provisions, as required by the city and outside funding agencies. Our inspectors will ensure that the contractor complies with the prevailing wages rules, and they will conduct all the necessary tasks including special traffic safety, access, job site protection for safety, SWPPP and NPDES monitoring, CASp certification and specialty inspection, labor compliance postings and any other special necessities, required by the Contract. IE will prepare and submit to contractor a "Weekly Statement of Calendar / Working Days" report to ensure that the contractor is fully aware of the schedule and the critical path activities. Our daily logs have been tested and used on many other projects and are stored electronically on the project management system, to be viewed by any of the project management team members and the city. Our inspectors have been trained to monitor various contract compliance provisions including traffic safety and access issues, job site protection for safety, SWPPP and NPDES monitoring, CASp certification and inspection, labor compliance postings and any other special requirements by the contract and outside grant funding sources following the Local Assistance Procedure Manual (LAPM).
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 20
Understanding & Approach (cont.)
• Traffic: IE inspectors will also make sure that the contractor is following all the traffic coordination and permitting. We will coordinate with the contractor to make sure proper access to adjacent businesses / residents has been provided during the duration of construction. Provide inspection of street lighting, traffic control, channelization, and all other traffic - related work.
• ADA Compliance - We have found that when it comes to ADA compliance, having a certified CASp inspector will help tremendously with compliance.The CASp inspection starts with a review of the plans to make sure that the design meets the latest ADA and CBC and UBC. We have found that compliance with the latest codes should be built into the design and carried over to construction. As part of our team, Jay Shih will provide ADA review and inspection prior to bid and during construction. Jay holds multiple certifications in addition to being a CASp certified. • Storm Water - Storm water protection compliance with the city's National Pollutant Discharge Elimination System (NPDES) permits and requirements will be monitored daily. Our expertise also includes NPDES and MS4 permitting, inspection and compliance, design of infiltration and detention basin, sewer lift station, wastewater collection systems and reclaimed water systems. As part of our extensive offering of municipal services, we provide National Pollutant Discharge Elimination System (NPDES) and municipal separate storm sewer systems (MS4) compliance, investigation, and permitting assistance, and staff training - either as part of our typical plan check and construction inspection services or as a separate program. Our construction managers and inspectors are fully aware of the SWPPP compliance requirements, and they have assisted with NPDES inspection for Cities of Baldwin Park, Bell Garden, Calexico, Lynwood, Montebello and South Gate.
• Health and Safety - We at IE take safety very seriously. We know that even one incident on the project will taint the project. As a standard practice, at the beginning of each meeting, we draw attention to a safety moment. This is to ensure that all parties and the construction team make safety on the job a priority. We believe that safety must be built into the culture of the construction team, and it must be the underlying condition for conducting any type of construction work. IE will make sure that the latest CAL -OSHA provisions have been incorporated into the contract documents and we will monitor the job daily to ensure that all safety precautions have been placed at the job site every day. At the pre - construction meetings, IE will ask to see the Contractor's Health and Safety plan and makes sure that a Safety Offices has been identified by the Contractor, in addition to the sub -contractors. At the onset of the project, and before, construction starts. IE will implement job safety procedures in compliance with CAL -OSHA requirements and will continuously monitor the contractor's compliance with the established safety programs. All our construction managers and inspectors have completed the OSHA 30 hour training and stary updated with the current OSHA regulations. • Quality Control and Materials Testing - Quality Control must be built into the Contract Documents. In addition to the requirements by the Standard Specifications for Public Works Construction (Green Book), which sets the minimum requirements for controlling the quality at the job site, IE will evaluate and determine individual needs of the projects for a robust QA / QC program. These provisions will need to be written into the contract documents, so that the contractors provide an adequate testing program, necessary for meeting the requirements of the project. As part of our monthly reporting, a section will be dedicated to the QA / QC program, summarizing the testing and a review of the contractor's performance, on a regular basis. As part of our team, we have included PA & Associates for Geotechnical Engineering and Southwest Inspection &Testing for Deputy Inspection services.This team is fully equipped and ready to assist with any kind of materials and quality testing required for managing projects, from roadway rehabilitation to facility and building renovations, as required. Deputy Inspection: As part of our team, Southwest Inspection &Testing will be providing us with all as needed specialty inspections that require a Deputy inspector. Southwest Inspection &Testing has been a key player in providing specialty inspection services in the Southern California region and they are readily available to provide every type of deputy inspection that is required including but not limited to High Strength Concrete, Masonry, Structural Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 21
Understanding & Approach (cont.)
Rebars, DSA, Soil Tabulation, Stressing, and other specialty deputy inspection services.They have provided these services for many cities in the Orange County region.
Southwest Inspection &Testing currently employs over 100 employees including 65 Field Special Inspectors, 10 Clerical, 6 Engineers, 15 Laboratory / Soils Technicians and 4 Geologists. Southwest's personnel are strongly aware of the job -site need for speed, quick response, constant communication and the need to work with the parties involved.
Southwest's laboratory is one of the top materials testing laboratories in Southern California. It holds certifications and accreditations with numerous major approvals, accreditation agencies - state and nationwide. Following is the list of agencies that they are currently approved by:
Caltrans (Bridge and Roadway Work).
FACE (Floor Flatness Work).
ACI (Field Technician and Sampling Work for Concrete).
AMRL (Private, Public and Local Jurisdiction Work).
CCRL (Private, Public and Local Jurisdiction Work).
OSHPD (Hospital Work).
DSA (LEA #90; School, Community College Work).
ICC (Private, Public and Local Jurisdiction Work).
City of Los Angeles (Private, Public and Local Jurisdiction Work).
City of San Diego (Private, Public and Local Jurisdiction Work).
IAS (Private, Public and Local Jurisdiction Work).
US Green Building Council (Private, Public and Local Jurisdiction Work) - TensileTest and Bend Test of Reinforcing Steel bars.
Post -Construction Services - IE will start planning on project close-out activities weeks before the completion of the project.
This is to ensure that the contractor is aware of the city's expectations for taking all necessary the steps and to allow ample time for any type of commissioning, testing and balancing that may be required. In addition, the project may need staff training, which requires advanced planning. The close-out activities will include final inspection / walk through with the city staff, maintenance / service personnel and the project's architect / design consultant. IE will issue a preliminary punch - list to put the contractor on notice of any outstanding item, followed by a final punch list, including schedule for punch list completion. IE will monitor the repairs and follow through with the contractor, until all items on the punch list are 100% complete. IE will gather and transmit all required guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warranties, and other documents as stipulated in contract documents for submittal to the city.
IE will review and process contractor's final payment request and release of retention, in addition to assisting the city with preparation and filing of Notice of Completion. IE will organize and deliver all project documents and files, in addition to the grant funding forms and ledgers to the city for future use. All reports, daily logs and other related construction documents will be submitted to the city through IE's web -based system.
Infrastructure Engineers, a Bowman company l On -Call Construction Management & Inspection 1January 30, 2024 22
Scope of Work
Scope of Work
The scope of work for providing construction management and inspection services includes all the necessary efforts for the IE team to assist the city manage and complete a construction project on time and on budget. As it was mentioned in our approach to delivery of services, successful delivery of CM / Inspection services, starts before the award of a construction contract. Our scope of services will include a comprehensive review of the plans and specifications to make sure that there are no discrepancies in the bid documents and to apply our many years of experiences and lessons learned to work with the design team and the city staff to produce the best possible bid package. We will accomplish this by applying many of the techniques and lessons learned on other similar projects in the past. Our project manager Masoud has created a lesson - learned matrix, while working for the City of Placentia, LA Metro and the City of Los Angeles, and he will be applying these lessons to every project that we will take on behalf of the city. We understand that every project is unique and requires a different approach, however, the process for taking a project, from design to bid / award and construction completion remains the same. The following is a description of various tasks involved with a typical construction project under the city's rules and general practices:
Pre -construction Phase
• City staff and IE discuss the scope of services.
• IE submits a fee proposal to the city for review.
City staff and IE negotiate a fee proposal based on the project's schedule and budget.
City staff prepares the staff report for awarding a contract by the City Council if a contract has not yet been awarded. In some cases, the city may elect to award a contract after an On-call list has been established.
IE team will conduct a formal constructability review, including a review of the cost estimates and unit price quantities.
IE Team will also visit the jobsite to ensure that the plans include all the necessary bid items and other items of the work, which may have been overlooked.
In case, the cost estimates exceed the project budget, IE will work with the city to adjust scope to meet the desired cost and budget.
IE will review the construction schedule, the long -lead items on the project and will advise the city to make adjustments to the project schedule and durations if necessary.
IE will work with the city staff to finalize the Bid Package and to advertise the project on Planet Bids. IE will be involved during the questions and answers period, assisting to provide responses to the questions from the contractors bidding on the project.
IE will assist the city to prepare any addenda to the Bid Documents, when necessary.
IE will assist the city with reviewing and making recommendations for awarding the contract to the lowest, responsive & responsible contractor, after conducting a complete review of the bids, checking references, bonds, insurance and all other bidding requirements.
IE will assist the city to prepare the Agenda Report for the City Council for awarding a construction contract.
IE will work with the Contractor to obtain all necessary bonds and insurance documents and will obtain signed copies of the construction agreement from all parties.
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 23
Scope of Work (cont.)
Construction Phase
Once, all documents have been signed and processed, IE will arrange for a pre -construction meeting with all parties involved with the project, including the contractor representatives, designers, city staff and others.The CIP includes projects outside of the Public Works Department, in which case, IE staff will work with other departments, such as Community Services, Police Department and the Fire Department. IE is fully aware of the importance of communicating and coordinating construction work with all stakeholders, and to include key participants from each department.
IE will conduct the pre -construction meeting and will prepare the minutes for the meeting. IE will ensure that the contractor is aware of the key issues on the project, such as Traffic, Safety, Construction Noise and Dust Control Impact, outreach to the residents and businesses, Schedule, Phasing and the city's expectations.
After the NTP has been awarded, IE's construction manager and inspector will arrange weekly construction progress meetings to evaluate and monitor the Contractor's performance on quality and conformance with the plans and specifications.
IE will prepare and submit to contractor a "Weekly Statement of Calendar / Working Days" report to ensure that the contractor is fully aware of the schedule and the critical path activities.
Our daily logs have been tested and used on many other projects and are stored electronically on the project management system, to be viewed by any of the project management team members and the city.
IE utilizes C -MIS on every construction project, and we intend to use this electronic project management system for the City of Placentia's projects. All RFIs, Submittals, Correspondences will be handled through this system. This system allows for a seamless exchange of information between key participants without any delays in real time. The city will also have access to daily logs and all the correspondences through this system.
IE staff will conduct labor compliance and regulatory reporting, on a daily basis. IE will ensure that the Contractor complies with the grant funding requirements, for posting and submitting DIR reports, in addition to the Certified Payroll reports.
IE will manage and resolve all potential claims, by investigating and responding to the Contractor's questions and inquiries rapidly. Claims, will be discuss in our weekly progress reports and resolved. In case, there are claims that have merit, IE will prepare all the necessary Change Order Documents and works with the city staff to process the Change Orders.
IE will review and work with the Contractor to ensure accuracy on every pay request prior to submitting them to the city for processing.
As the end of the project approaches, IE will work with the Contractor to start a preliminary punch list, in addition to arranging for testing / balancing, commissioning, and collecting all the necessary Maintenance / Operations manuals.
IE will ensure that the Contractor completes the project on time, by monitoring and enforcing the project delivery schedule. In case, the project is delayed, IE will work with the Contractor on finding solutions, to recover and complete the project on time.
IE will process the final change orders, pay item adjustments and prepare the final pay application for the city's review and approval.
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 24
Scope of Work (cont.)
Project Completion Phase
Upon approval of all work by the Contractor, IE will issue the notice of Substantial Completion, to start the one-year warranty period and to accept the project.
Upon acceptance of the contract completion, IE will prepare the Notice of Completion and make recommendation for City Council to approve the completion of the project.
IE will ensure that there are no Stop Work Notices or Mechanics Liens filed against the project.
IE will assist the city with any claims that may remain on the project, but following up and keeping all documentation to share with the city and the City Attorney.
IE will collect and deliver, all project information and documents to the city.
The following schedule is an example of some of the key activities involved with construction management on a typical capital project:
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 25
Schedule
1 Schedule
ID
0 2
Task
Mode
Task Name
7r? TYPICAL PROJECT SCHEDULE FOR A CIP
PROJECT (DURATION 90 WORK DAYS)
3 4
PRECONSTRUCTION PHASE
7ro RFP - Consultant Selection
5 7�? Consultant Negotiation and PSA
6 7
8 9
10 Contract Award by the City Council
Constructability Review
Bid& Award
Questions& Answers, Addendums
74% Open Bids
11 12
13 Bid Analysis
Recommend Award
7r, Collect, Bonds & Insurance, Sign Agreement
14 15
7�? Award Contract by City Council
• CONSTRUCTION PHASE
16 Pre -construction meeting
17 18
Collect and response to Submittals
Jro Construction Activities (Duration 60 Work Days)
19 Jro Punchlist
20 7�? Project Close-out
21 Project, Substantial Completion
22 23
Notice of Completion
Duration Start Finish P
60 days? Mon 3/4/24 Fri 5/24/24
90 days? Fri 5/24/24 Thu 9/26/24 3
Final Documentation and As -built
Project: Project2
Date: Thu 1/25/24
Task
Split
Milestone
Summary
Project Summary
1st Quarter
Jan Feb Mar
2nd Quarter
Aor 1 May 1 Jun
3rd Quarter
Jul 1 Auo 1 Seo
Inactive Task Manual Summary Rollup External Milestone
Inactive Milestone v Manual Summary r Deadline i
• Inactive Summary • 0 Start -only C Progress
r Manual Task Finish -only ] Manual Progress
ii Duration -only Iiil External Tasks
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 26
Required Proposal Statements
Required Proposal Statements
A. IE will perform the services and adhere to the requirements described in the RFP, including any addenda. No addenda were issued for this RFP.
B. Subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.
C. No part of this submittal is considered proprietary.
D. IE will not substitute members of our designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.
E. IE has no Conflict of Interests.
F. IE has not colluded with other proposing firms.
G. IE is able and agrees to fulfill the indemnification and insurance requirements contained in the sample contract.
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 27
Proposed Exceptions
1 Proposed Exceptions
IE has no proposed exceptions.
Infrastructure Engineers, a Bowman company I On -Call Construction Management & Inspection 1January 30, 2024 28
Forms
Forms
APPENDIX B
SUMMARY SHEET
Firm Name: Infrastructure Engineers, a Bowman company
Firm Parent or Ownership: Bowman Consulting 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: 30
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):
Director of Municipal Engineering &
Name: Masoud Sepahi Title: Construction Management Services Telephone Number: 949.375.6599 Fax: 714.940.0700
Email: [email protected]
Types of services provided by the firm: construction management, inspection civil engineering, traffic engineering, transportation engineering, plan checking land use planning, environmental consulting, water engineering Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 29
IForms (cont.)
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 (RFP), dated JANUARY 9, 2024, and to be bound by the terms and conditions of the RFP.
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 JANUARY 9, 2024.
5. This firm has carefully read and fully understands all of the items contained in the RFP. This firm agrees to all of the 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 JANUARY 9, 2024.
Name of Firm: Infrastructure Engineers, a Bowman company By:
(Authorized Signature)
Type Name: Sid Mousavi
Title: Senior Principal
Date: 1/15/24
Infrastructure Engineers, a Bowman company 1 On -Call Construction Management & Inspection 1January 30, 2024 30
INFRASTRUCTURE
4 ENGINEERS
a Bowman company
City of Placentia, CA
On -Call Construction Management and Inspection Services Cost Proposal
Submitted by: Submitted to:
Sid Mousavi, MSCE, PE, Senior Principal
Infrastructure Engineers, a Bowman company
3060 Saturn Street, Suite 250
Brea, CA 92821
714.940.0700 I [email protected] 1 bowman.com
January 30, 2024
Chris Tanio, PE, Deputy Director / City Engineer
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
�INFRASTRUCTURE
% ENGINEERS
a Bowman company
HOURLY RATE SCHEDULE
(effective January 1, 2024)
City of Placentia
�%INFRASTRUCTURE
ENGINEERS
a Bowman company
Principal -in -Charge $365
Civil /Traffic Engineering
Project Manager $185
Principal Engineer $180
Senior Engineer $170
Senior Plan Check Engineer $175
Plan Check Engineer $165
Associate Engineer $155
Assistant Engineer $140
Engineering Associate $135
Engineering Assistant
Community Development -
Environmental & Planning
Director $195
Project Manager $173
Planning Manager $167
Principal Planner $163
Planner III $153
Planner II $139
Planner I $129
Planning Technician $98
$115 Environmental Specialist
GIS Analyst $150
CAD Manager
$175
Environmental Planner III $165
$155 Environmental Planner II
CAD Designer $110
CAD Technician
$155
Environmental Planner I $144
$100 Environmental Technician
Engineering Technician $105
Principal Traffic Engineer $185
Senior Traffic Engineer $180
Traffic Engineer $155
Water / Wastewater / NPDES
Senior Water Engineer $175
Water Engineer $158
Program Manager (NPDES) $175
Inspector (NPDES) $115
Environmental Scientist $105
Land Surveying & Mapping
Project Manager $185
Licensed Land Surveyor $185
Survey Analyst $150
Survey Crew (2 -person) $236
Survey Crew (2 -person,
prevailing wage)
$278
Construction Management
Construction Manager $198
Resident Engineer $198
Schedule / Controller $173
Utilities Coordinator $158
Senior PW Observer/Inspector $148
Senior PW Observer / Inspector
(prevailing wages)
$199
PW Observer / Inspector $135
PW Observer / Inspector
(prevailing wage)
$179
$100
Municipal Engineering
Interim City Manager $430
Assistant / Deputy City Manager $399
City Engineer $189
City Traffic Engineer $179
Deputy City Engineer $179
Deputy City Traffic Engineer $169
Plan Check Engineer $179
Plans Examiner $169
CIP Manager $180
Office Engineer $169
Associate Engineer $158
Engineering Associate $150
Engineering Assistant $140
Engineering Technician $136
Building & Safety
Building Official $175
Deputy Building Officer $155
Plan Check Engineer $165
Landscape Architect $155
Senior Certified Access Specialist $165
Certified Access Specialist $155
Senior Plans Examiner $145
Plans Examiner $135
Code Enforcement Manager $145
Code Enforcement Officer $130
Senior Building Inspector
$135
Building Inspector
$125
Grading Inspector
$125
Counter Technician
$105
Fire Prevention
Fire Marshal
$165
Fire Investigator $154
Fire Plans Examiner $140
Senior Fire Inspector $140
Fire Inspector
Counter Technician
$125
$105
Architectural Services
Director
Studio Manager
Senior Project Manager / Senior
Architect
$200
$184
$176
Project Manager / Project
Architect
$155
Senior Job Captain
Job Captain
Drafter
$126
$105
$90
Program Management /
Public Outreach
Program Director
Web Designer
Media Specialist
Program Coordinator
Photographer
$184
$150
$145
$135
$128
Outreach Specialist $125
Interpreter /Translator $125
Production Assistant $85
Fund Administrator $138
Labor Compliance Coordinator $105
Administrative & Clerical
•
Organizer / Supervisor $108
Administrative Assistant $90
ClerkTypist $80
Other Charges
Delivery $110
Mileage (current federal
guideline rate @ time of
billing) / mile
Travel
Cost + 15%
Reimbursements Cost + 15%
Sid Mousavi, MSCE, PE
Senior Principal
Infrastructure Engineers, a Bowman company
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates. 3060 Saturn Street, Suite 250 I Brea, CA 92821 I Tel: 714.940.0100 I infrastructure-engineers.com 1 bowman.com
�1)! POINT
LAND SURVEYING, I N C.
1906 Orange Tree Lane, Suite 240 • Redlands, California 92373 (909) 792-2221 • (909) 784-1836 fax
[email protected] • www.onpointlandsurveying.com RATES EFFECTIVE 01-01-23 to 12-31-26
HOURLY RATE SCHEDULE (NON -PREVAILING WAGE)
OFFICE:
FIELD:
Research of Records/Drafting/Mapping $150
Survey Calculations and Document Preparation $150
Land Surveyor Review/Professional Services $225
Survey Crew (4 hour Minimum)
Survey Crew (Outside of normal hours of operation)
$275
$355
Travel Time $150
OFFICE:
FIELD:
HOURLY RATE SCHEDULE (PREVAILING WAGE)
Research of Records/Drafting/Mapping $150
Survey Calculations and Document Preparation $150
Land Surveyor Review/Professional Services $225
Survey Crew (4 hour Minimum)
Survey Crew (Outside of normal hours of operation)
$300
$450
Travel Time $150
Your Project, On Budget, On Time... On Point Land Surveying!
2024 PROFESSIONAL FEE SCHEDULE
.SOIL ENGINEERING .GEOLOGY .MATERIALS TESTING .HAZARDOUS WASTE ASSESSMENT
LABORATORY CHARGES
PROFESSIONAL SERVICE FEES (Per hour)
Associate Engineer/Geologist 155
Senior Engineer/Geologist 145
Project Engineer/Geologist 145
Staff Engineer/Geologist 125
Field Engineer/Geologist 125
Engineering Field/Lab. Technician 115
Technical Drafting 115
Technician, Deputy Inspector 115
Engineering Field Technician w/nuclear gauge & vehicle 115 Prevailing Wage Hourly Surcharge for Technician & Field Engineer 20/hr.
Overtime will be charged at the basic rate plus 50%. Overtime is defined as the excess above 8 hours on weekdays, time before 7 a.m. or after 5 p.m., and regular hours on Saturdays. Sundays, holidays and time between 12 mid -night to 4 am will be charged regular hour plus 100%. Call out for field is a minimum of 4 hours, over 4 hours is 8 hours.
SUPPORT SERVICES
Word Processing 85
Secretarial Services 85
General office 85
Sample/Document
Pickup & Delivery 85
Expert witness testimony will be charged at $525 per hour; minimum charge of $2000.00
REIMBURSABLE EXPENSES
Heavy equipment, supplemental insurance, permit travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 50%.
PROPOSAL ACCEPTANCE PERIOD
Proposals are valid for 30 days, unless otherwise specifically stated.
OTHER CHARGES
Travel time will be billed at appropriate hourly rates. A conveyance charge of 70 cents per mile shall be charged for round trip travel from our office to the project site
P.A. & Associates, Inc.
Test Fee Each
Moisture Content 50
Moisture and Density (Ring Samples) 75
Maximum Dry Density 250
Maximum Density Checkpoint 75
Sieve Analysis 150
Percent Passing No. 200 Sieve 75
Liquid Limit 125
Liquid Limit and Plastic Index 225
Sand Equivalent 125
Expansion Index 125
Direct Shear (Undisturbed) (Per Point) 150
Direct Shear (Remolded) (Per Point) 160
Consolidation (Per Point) 160
R -Value (Untreated) 350
R -Value (Treated) 450
Sulfite Content 115
Concrete Strength Test 55
Triaxial testing, residual shear tests, permeability, and special tests will be charged at hourly rates.
INVOICES
a. Invoices are rendered biweekly, payable upon receipt. b. 50% of the fee for field studies is due at the time of authorization to cover equipment and mobilization costs.
Epic Land Solutions, Inc. Rate Schedule
EPIC
A CLS COMPANY
Name
Title/Classification
2023-2024 Hourly Billing Rate
(Average)
Kari Anvick
Darcy Mendoza
Eddie Quintero
Addiel Flores
Tyler Kelleher
Maria Sauza
Christine Wasfi
Yasmeen Flores
Vivian LanzaOrellana
Candice Freeman
Michael Mays
Bernadette Salto
Jose MorenoAcosta
Kent Carpenter
Chris Castile
Star Young
Advisory Manager
Senior Project Manager
Senior Project Manager
Project Manager
Assistant Project Manager
Senior Right of Way Agent
Right of Way Agent
Right of Way Agent
Administrative Support
GIS Analyst
Utility Coordination Lead
Utility Coordinator
Utility Coordinator
Senior Appraiser
Senior Appraisal Coordinator
Budget & Financial Controls
$236
$189
$189
$152
$137
$121
$105
$105
$89
$142
$179
$110
$110
$200
$105
$163
Other Direct Costs
Rate
Mileage
Postage/Overnight Delivery
Property Ownership and Tenant Data
Waiver Valuations and/or Appraisal Reports
Outside Services (Vendors & Subconsultants)
Notes
At IRS Allowable
At Cost
At Cost
Fixed Fee Per Report
At Cost
1. Epic will increase these hourly rates 5% annually at the beginning of each calendar year.
2. Staff billing rates provided do not include the Federal Acquisition Regulations (FAR) approved overhead rate for Epic Land Solutions, Inc. and are not suitable for state and federally funded projects.
3. If the NTP is received after 120 days from this proposal, fees and billing rates may require revision. 11/17/2023
STATEMENT OF QUALIFICATIONS
Material Testing and Inspection Services
Infrastructure Engineers
Professional Services
(Hourly Rate)
Laboratory Manager $ 105.00
Project Manager $ 105.00
Project Engineer $ 150.00
Registered Civil Engineer $ 150.00
Registered Geotechnical Engineer $ 150.00
Registered Engineering Geologist $ 150.00
Admin. Staff $ 55.00
Field Inspection (Hourly Rate)
Soil/Asphalt Compaction Testing $ 65.00
Grading Observation and Testing
Concrete Placement Inspections
$ 65.00
$ 55.00
P.T. Strand Tendon and Rebar Inspections $ 55.00
Shear wall Nailing Inspections $ 55.00
Shotcrete Placement Inspections $ 55.00
Masonry Inspections $ 55.00
Structural Steel Erection, Welding, High Strength Bolting and Torque Testing $ 55.00 Drilled in Anchors, Epoxy, Ceiling Wires, etc. $ 55.00
Concrete/Soldier Pile Placement Inspections $ 55.00
Asphalt Inspections $ 65.00
Fireproofing Inspections $ 55.00
Shop Inspections. $ 55.00
NDT (Non -Destructive Testing) Technician $ 75.00
*******FOR PREVAILING WAGE: FIELD INSPECTION HOURLY RATES ARE $105.00******* - Our rate for field technicians, special inspectors are based on the current PW (Prevailing Wage) rate mandated by the state's Dept. of Labor. As these rates are increased by the state, we will revise our rates accordingly. We will inform the customer prior to any revision of our inspector's rates.
Minimum Charges (Inspection and Technician Personnel Only) 2 -Hour Minimum:
4 -Hour Minimum:
8 -Hour Minimum:
Inspector arrives at jobsite, no work to perform.
1 to 4 hours of inspection completed.
Over 4 hours of inspection or any inspection.
Regular Time
The first 8 hours worked Monday through Friday.
Time and One -Half (All Types of Inspection)
Any increment past 8 hours through 12 hours worked Monday through Friday and the first 12 hours on Saturday.
Double Time (All Types of Inspection)
After the first 12 hours worked Monday through Saturday, all day Sunday, holidays.
Holidays are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
*SOUTHWEST
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STATEMENT OF QUALIFICATIONS
Material Testing and Inspection Services
Infrastructure Engineers
Laboratory Tests
Asphalt Concrete Tests
3/5 Point LTMD: Paraffin Coated (CA 375, 308, and ASTM D1188) $ 260.00 Abrasion Resistance/Los Angeles Rattler (CTM 211 only) $ 185.00 Bulk Specific Gravity of Compacted Sample or Core: (CTM 308 and ASTM D2726) $ 55.00 Bulk Specific Gravity of Compacted Sample or Core: Paraffin Coated (CTM 308 and ASTMD1188) $ 65.00 Maximum Lab Density: Marshall (ASTM D1559 and D561) $ 120.00 Maximum Lab Density: Marshall 6" Specimen (ASTM D5581) $ 120.00 Extraction: % Bitumen (ASTM D6307, CTM 382) $ 140.00
Extraction: % Bitumen and Gradation (CTM 382, ASTM D6507, ASTM D5444, and, CTM 202) $ 180.00 Fine Aggregate Angularity (AASHTO T304) $ 180.00
Flat or Elongated Particles (ASTM D4791) $ 180.00
Gyratory Compacted Superpave Mix Design (Excluding Aggregate Quality Tests) $ 3100.00 HVEEM Mix Design (Excluding Aggregate Quality Tests) $ 2300.00 Index of Ret. Strength with Mix Proportion (AASHTO T282 and ASTM D4867) $ 800.00 Index of Retained Strength, 24 -Hour Immersion (AASHTO T282 and ASTM D4867) $ 180.00 Light Weight Particles in Aggregates (ASTM C123) Quotation Maximum Density of Hot Mix Asphalt by the Superpave Gyratory Compactor (ASTM D6925) $ 280.00 Moisture Content (CTM 370) $ 80.00
Open Grade Asphalt Concrete Mix Design (CTM 368) $ 1100.00 Percent Swell (CTM 305) $ 130.00
Resistance of Compacted Bituminous Mixtures to Moisture Induced Damage (Untreated) CT 371 $ 1750.00 Sieve Analysis Per Aggregate Size (CTM 202, ASTM D5444 and ASTM C136) $ 80.00 Sieve Analysis with Wash (CTM 202 and ASTM D5444) $ 160.00 Specific Gravity and Absorption: Coarse/Fine (ASTM C127, CTM 206) $ 100.00 (Price per Test)
Soils and Aggregate Tests
Maximum Density: Methods A/B/C (ASTM D1557, CTM 216) $ 250.00 Expansion Index (ASTM D4829, UBC 18-2) $ 130.00
Atterberg Limits/Plasticity Index (ASTM D4318, CTM204) $ 125.00 Collapse Potential/Index (ASTM D5333) $ 170.00
Consolidation Test: Full Cycle (ASTM 2435, CTM 219) $ 300.00 Consolidation Test: Time Rate per Load Increment (ASTM D2435, CTM 219) $ 50.00 Corrosivity Series: Sulfate, Chloride, pH, Resistivity (CTM 643, 417, and 422) $ 250.00 Crushed/Fractured Particles (ASTM D5821, CTM 205) $ 160.00 Direct Shear Test: Remolded/Undisturbed - Fast/Slow/Residual (ASTM D3080) $ 250.00 Durability Index: Per Method - A, B, C, or D (CTM 229) $ 210.00 Permeability test of aggregates (ASTM D2434) $ 275.00
Flat Particle and Elongated Particle (ASTM D4791) $ 45.00 Moisture and Density: Ring Sample (ASTM D2937) $ 25.00
Organic Impurities (ASTM C40) $ 80.00
Potential Reactivity: Chemical Method (ASTM C289) $ 485.00 Potential Reactivity: Mortar Bar Expansion Method, 14 -Day Exposure (ASTM C1260) $ 700.00 R -Value: Soil/Aggregate Base (ASTM D2844, CTM 301) $ 350.00 Sand Equivalent (ASTM D2419, CTM 217) $ 130.00
Sieve Analysis Including Wash (ASTM C136, CTM 202) $ 135.00 Soundness: Sodium or Magnesium Sulfate, 5 Cycles (ASTM C88) $ 292.00 Specific Gravity and Absorption: Coarse (ASTM C127, CTM 206) $ 100.00 Swell/Settlement Potential: One Dimensional (ASTM D4546) $ 105.00 Concrete Tests (Field Made Specimens)
6" x 12" or 4" x 8" Cylinder: Compression Strength (ASTM C39) $ 22.00 6" x 6" x 18" Flexural Beams Not Exceeding Referenced Size (ASTM C78, C293 or CTM 523) $ 30.00 Drying Shrinkage Up to 28 Days: Three 3" x 3" or 4" x 4" Bars (ASTM C157) $ 300.00 *SOUTHWEST
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•
STATEMENT OF QUALIFICATIONS
Material Testing and Inspection Services
Infrastructure Engineers
Brick Masonry Tests
Absorption (Boil): 1, 2 or 5 Hours (5 Required) $ 25.00 Absorption: 5 Hour or 24 Hour (5 Required) $ 30.00
Compression Strength (3 Required Per ASTM) $ 25.00
Cores: Compression $ 25.00
Efflorescence (5 Required) $ 50.00
Modulus of Rupture: Flexural (5 Required Per ASTM) $ 25.00 Shear Test on Brick Cores: 2 Faces Quotation
Masonry Prisms, UBC STD 21-17
Compression Test: Composite Masonry Prisms Up To 8" x 16" $ 115.00 Compression Test: Composite Masonry Prisms Larger Than 8" x 16" Quotation Mortar and Grout
Compression: 2" Cubes (ASTM C109) $ 22.00
Compression: 2" x 4" Mortar Cylinders (UBC STD 21-16) $ 22.00 Compression: 3" x 3" x 6" Grout samples, Includes Trimming (UBC STD 21-18) $ 22.00 Compression: Cores (ASTM C42) $ 22.00
Mortar Expansion (ASTM C806) Quotation
Masonry Specimen Preparation
Cutting of Cubes or Prisms $ 35.00
Fireproofing Tests
Adhesion and Cohesion Test (Field) $ 85.00
Oven Dry Density (Per Sample) $ 35.00
Gunite and Shotcrete Tests
Compression: 6" x 12" Cylinders $ 22.00
Compression: Cubes $ 22.00
Core Compression Including Trimming (ASTM C42) $ 37.50
Test Panel (3 Samples, Includes Pick up, Laboratory Coring and Preparation, Compression and Report Distribution) $ 142.00 Reinforcing Steel, ASTM A615
Bend Test: # 11 or Smaller $ 40.00
Sampling and Tagging (Fabricator) $ 45.00
Tensile Test: # 11 or Smaller $ 50.00
Tensile Test: # 14 $ 90.00
Tensile Test: # 18 $ 95.00
Special Testing/Engineering Service (prices are per hour unless noted otherwise! Floor Flatness (per pour) $ 120.00
Rebar Locator (R-Meter/Pachometer) $ 85.00
Coring (One Man Crew, 4 -hr minimum; add $85.00 per extra person) $ 95.00 Pull Testing on Embedded Bolts, Anchors and Dowels (add 85.00 for extra person) $ 95.00 Lumber Moisture Testing $ 85.00
Pyranometer (4 -hr minimum) $ 85.00
Manometer $ 95.00
Ground Penetrating Radar (4 -hr minimum) $ 780.00
*SOUTHWEST
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INFRASTRUCTURE
4 ENGINEERS
a Bowman company
REQUEST FOR PROPOSALS (RFP)
ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR THE
CITY OF PLACENTIA
RFP RESPONSES TO BE RECEIVED UNTIL
5:00 P.M., TUESDAY JANUARY 30, 2024
Date Issued: JANUARY 9, 2024
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
REQUEST FOR PROPOSALS (RFP)
FOR
ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR THE
CITY OF PLACENTIA
TABLE OF CONTENTS
1 INTRODUCTION 3
2 PROPOSAL SCHEDULE 5
3 SCOPE OF WORK 5
4 ASSURANCE OF DESIGNATED PROJECT TEAM 10
5 PROPOSAL FORMAT REQUIREMENTS 11
6 REQUIRED PROPOSAL STATEMENTS 14
7 EXCEPTIONS 14
8 RESOURCE ALLOCATION AND COST PROPOSAL 14
9 SUBMITTAL INSTRUCTIONS 15
10 EVALUATION CRITERIA 17
Appendix "A" — SAMPLE CITY PROFESSIONAL SERVICES AGREEMENT Appendix "B" — SUMMARY SHEET
Appendix "C" — CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
1. INTRODUCTION
The City of Placentia ("City") seeks competitive proposals from qualified firms to provide On-call Construction Management and Inspection Services. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on-call basis. On an on-call, as -needed basis, the selected firm(s) may later be asked to provide construction management and inspection proposals on a specific, project -by -project basis, based on an agreed-upon specific scope of services and fees.
The firm shall provide general Construction Management and Inspection services to support construction efforts and serve as an extension of City staff to assist in the overall delivery of projects, including preconstruction tasks, managing construction, and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Project Manager or their authorized representative. City staff may assist in managing construction and will oversee the work of the consultant's Project Manager, Inspector, and Contract Administrator.
Firms must provide construction management services and contract administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines, as required, in order to successfully execute the project in a timely and cost-efficient manner.
Technical questions about the requested services that might require a clarification of the Request for Proposals (RFP) shall be made only in writing to the Q&A section located in PlanetBids no fewer than seven (7) calendar days prior to the date and time set for opening of proposals and responses shall be provided in writing. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. This RFP includes a description of the scope of work, proposal requirements, and instructions for submitting your proposal.
Please do not contact City departments or other City staff directly. Information provided by other than the above contact may be invalid and proposals which are submitted in accordance with such information may be declared non-responsive.
Any changes, additions, or deletions in the RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids. Addenda shall become part of the agreement documents.
It is the proposer's sole responsibility to monitor PlanetBids for possible addenda to this RFP. Failure of proposer to retrieve addenda from this site shall not relieve the proposer of the requirements contained therein. Additionally, failure of proposer to return signed addenda, when required, may be cause for rejection of his/her proposal.
Proposals must conform to the requirements of this RFP to be considered for award and successfully submitted through the electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Request For Proposal. All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.
The City reserves the right to waive any irregularity in any proposal or to reject any proposal that does not comply with this RFP. The City alone, using criteria determined by the City, will select the qualified firm and/or consultant. The successful consultant to whom the contract is awarded shall, within ten (10) days after being notified, enter a contract with the City for the work and shall furnish all required documents necessary to enter said contract. Failure of the successful consultant to execute the contract within said ten (10) days shall be just cause for the City to contract with the next ranked consultant.
By submitting a proposal, the proposer agrees to all of the terms of the RFP and the Agreement (Appendix A), unless exceptions to the RFP or the Agreement are stated by the proposer in its proposal. The successful proposers will be required to enter into an Agreement, which will include the requirements of this RFP as well as other contract requirements. In the delivery of these services, the term of the agreement shall be for three years with the option for two additional one-year term extensions.
The City reserves the right to reject any proposal(s) exceptions or changes to the Agreement or Request for Proposal.
2. PROPOSAL SCHEDULE
The schedule is as follows:
• Advertisement Date — JANUARY 9, 2024
• Q&A Due on PlanetBids — January 23, 2024 by 5:00 p.m. • Proposals Due on PlanetBids — JANUARY 30, 2024 by 5:00 p.m. • Hard copy proposal Due at City Hall — February 1, 2024 by 5:00 p.m. • Proposal Evaluations/Interviews, if necessary — February 2024 • City Council Contract Award and Selection* - March 2024 *The City expects, but does not guarantee, that the decision on selection of a firm will be made by the City Council on the date indicated above.
3. SCOPE OF WORK
The City desires to engage construction management firms that will ensure that not only are City capital projects built per plan and specifications but that will also ensure a high degree of quality craftmanship in the final product. The City's expectation is that selected CM/inspection teams will enforce a high attention to detail on project deliverables to ensure a high-quality finished product.
The majority of capital improvement and construction projects within the city include, but are not limited to, the following:
• Street rehabilitation
• Sewer improvements
• Signing and striping improvements
• Storm Drain improvements
• Bridge construction
• New building construction
• Irrigation and landscaping
• Site Improvements; concrete sidewalk, etc.
• Streets and park lighting
• Parks and Recreation facility improvements
• Mechanical systems
• Electrical systems
• Traffic Signal Improvements
The required services shall be performed by the consultant Project Manager, Inspector and Contract Administrator.
A. Project Manager/Resident Engineer
• The consultant Project Manager shall represent the City in the field. The Project Manager shall possess a minimum of (5) years' experience in construction management.
• The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the said experience.
B. Bid Analysis
• Prior to the start of the project, the Project Manager shall be responsible for conducting a bid analysis to determine the lowest responsible bidder.
C. Staff Report
• Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines.
D. General Construction Administration
• Coordinate with the City to define roles and responsibilities during construction and develop a construction management plan. • Co -lead the pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute meeting minutes.
• Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements.
• Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction.
Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as -built records.
• Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications and assist in achieving the resolution of problems which may arise.
• Coordinate with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team.
• Consultant shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.
E. Submittal/RFI Review & Processing
• The Project Manager shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals").
• The consultant team shall transmit the Submittals to City staff for review and approval and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. • Project Manager shall develop, maintain, and manage all submittal/RFI logs.
• Determine the workflow on for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team.
F. Constructability Review
• Consultant shall review project plans and specifications to determine its "constructability". Consultant shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. The project schedule shall be updated as required showing current conditions and revisions required by actual progress.
• The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Project Manager and clarified prior to construction start.
G. Change Order Review
• Consultant shall conduct a comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution.
• Consultant shall monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.
H. Safety
• Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations.
I. Progress Payments
• Consultant shall maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
• May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. • Make recommendations for certification to the City for payment. • Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review.
J. Material Testing
• Consultant team to provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications.
• Provide inspections for installation of precast and cast in-place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents.
• Available tests may include the following:
• Mix Designs
• Concrete
• Concrete Blocks
• Brick Masonry
• Masonry Prisms
• Mortar and Grout
• Fireproofing
• Soils and Aggregates
• Asphalt Concrete
• Reinforcing Steel
• Environmental
K. Inspections
• Consultant shall determine that the work of contractor is being performed in accordance with the contract documents.
• Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents.
• Subject to review by the City, reject work which does not conform to the requirements of contract documents.
• Facilitate and coordinate inspection by representatives of other agencies, as needed.
• Evaluate the completion of the work of the contractor and make recommendations to the City when work is ready for final inspection. • Assist the City in conducting final punchlist inspections. • Schedule and coordinate special inspection and material testing. • Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions.
L. Claims
• Claims submitted by the contractor must adhere to Public Contract Code Section 10240 and 20104.
• Consultant Project Manager shall coordinate with City consultant on claim matters.
• Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim.
• Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions.
M. Prevailing Wage / Labor Compliance
• Consultant shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis.
• Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments.
• Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis.
N. Project Closeout
• The Project Manager shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfections to determine if it is a warranty issue.
• Shall provide a close out report outlining any obstacles, violations, and services performed. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance.
O. Community Outreach
• Consultant shall attend and co -lead a pre -construction meeting with the community. The primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts.
• Project Manager shall coordinate with the City's Communication Manager and communicate with the community regarding impacts related to the construction project.
P. Federal Requirements
• Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City.
• Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project.
• Compliance with any and all state and federal funding requirements for construction and enforce any regulations set forth by these funds.
All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The
consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.
4. ASSURANCE OF DESIGNATED PROJECT TEAM
Proposer shall ensure that the designated project team, including sub -consultants as identified in the firm's proposal, is used for this project. Departure or reassignment of, or substitution for, any member of the designated project team or sub-consultant(s) shall not be made without the prior written approval of the City.
5. PROPOSAL FORMAT REQUIREMENTS
Each response to this RFP shall include the information described in this section.
Provide the information in the specified order. Failure to include all the elements specified may be cause for rejection. Additional information may be provided but should be brief and relevant to the goals of this RFP. Excessive information will not be considered favorably.
Three physical copies of the final proposal shall be submitted to the City no later than two working days after the proposal deadline. The consultant project cost proposal shall be submitted in a separate sealed envelope marked "Cost Proposal." Proposer's who do not include physical copies within the specified timeframe will be considered unresponsive and disqualified.
All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.
Proposals shall be limited to a maximum of 30 pages. Proposals over 30 pages will be rejected. Paper size shall be 8.5"x11" and occasional 11"x17" sheets are acceptable for exhibits and graphics. The cover letter, table of contents, front and back covers, summary sheet, certification of proposal and section dividers are excluded from the page count. The proposal should include the following sections in order:
A. Cover Letter
Shall contain the following information:
• Title of this RFP
• Name and mailing address of the prime consultant (include physical location if mailing address is a PO Box)
• Contact Person, Email address, telephone number, and fax number The City will use email to notify your firm of critical developments such as interview schedules if any, notification of selection/non-selection, etc. Therefore, it is essential that you identify one or more contact persons who have frequent access to email.
The City will not be responsible for delivery failure of email due to firewalls, spam filters, or individuals' failure to retrieve email messages. The City will not attempt to re -deliver any messages which fail due to no fault of the City.
The Cover Letter must be signed by an officer empowered by the Consultant to sign such material and thereby commit the Consultant to the obligations contained in the RFP response. Further, the signing and submission of a response shall indicate the intention of the proposer to adhere to the provisions described in this RFP and a commitment to enter into a binding contract.
1. Proposals submitted on behalf of a Partnership shall be signed in the firm name by a partner or the Attorney -In -Fact. If signed by the Attorney -In -Fact, there shall be attached to the proposal a Power -Of- Attorney evidencing authority to sign proposals, dated the same date as the proposal and executed by all partners of the firm.
2. Proposals which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer.
3. Proposals which are submitted by an Individual doing business under a firm name ("dba") shall be signed in the name of the individual doing business under the proper firm's name and style.
B. Executive Summary
Describe your firm's and sub -consultant's (if any) general experience and qualifications as it pertains to projects of similar scope and size. Identify the services which would be completed by your firm's staff and those that would be provided by sub- consultants. Identify any sub -consultants you propose to utilize to supplement your firm's staff.
C. Project Team Organization
Clearly identify the prime consultant, all subconsultants, and their respective roles.
Show the Project Manager and the key staff proposed for this project, including subconsultants' staff. It is expected that the project team proposed under this proposal will remain unchanged throughout the duration of the project. Replacement of key staff without consultation with the City will not be permitted.
Include contact information and a brief summary of the Prime firm's history and experience providing the requested services on similarly sized and scoped projects.
Include a summary of the firm's experience, if any, with the City of Placentia. Provide a brief resume for each key staff member including their education background, licensing (if applicable), availability, and project experience.
D. Relevant Project Experience and References
List and provide a narrative summary of related project experiences Include a minimum of three (3) similar type/size projects that your team has completed.
Provide a project description, services provided, and construction costs. Discuss whether the design and construction were completed on time and within budget.
Provide a minimum of three (3) references (name, title, agency, and telephone number) from previous experience. Provide no more than one contact person per project as a reference, including agency/company and phone number. Preference is given to project references that have directly worked with staff proposed for this project.
E. Understanding & Approach
Provide a detailed discussion of your firm's approach to the successful implementation of this agreement. Describe your firm/team's understanding duties assigned and identify the approach for key services and/or issues anticipated.
Describe the Project Manager's and firm/team support and approach to ensure the effort is completed on schedule and within the established budget.
F. Scope of Work
Provide a scope of work complementing the City's proposed scope of work describing all tasks required to complete the work and any additional aspects to the work scope the City should and could consider. The scope of work shall provide enough detail to distinguish the varied work effort required, in keeping with the City's desired tasks to be completed.
G. Schedule
Provide a typical schedule or sequence of events to accomplish all the required tasks; include review/approval times for the City and other project stakeholders.
H. Proposed Exceptions
Describe all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP, including the Sample Contract (Appendix " A"). This section shall be clearly marked "Proposed Exceptions" in your submittal. If no exceptions are taken this shall be clearly stated in this section. The nature and scope of your proposed exceptions may affect the evaluation of your submittal and the City's determination of whether it is possible to successfully negotiate a contract with your firm/individual.
It is necessary to submit these elements with your RFP response. Failure to submit the required information with your response will render your proposal non- responsive.
6. REQUIRED PROPOSAL STATEMENTS
This statements identified below must be included in your RFP response:
A. A statement that the submitting firm will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).
B. Subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.
C. Proposers shall include a statement that describes the specific portion(s) of their submittal that are considered proprietary and should not be releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge.
D. Include a statement of assurance that you will not substitute members of your designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.
E. Include a statement which declares there is no Conflict of Interests.
F. Provide a statement attesting there has been no Collusion with other proposing firms.
G. Indicate your ability and agreement to fulfill the indemnification and insurance requirements contained in the sample contract. (Please note that actual Certificates of Insurance are not required as part of your submittal.)
7. EXCEPTIONS
8. RESOURCE ALLOCATION AND COST PROPOSAL
Selection of the consultant will be made in accordance with the provisions of Chapter 10 of the California Government Code, Sections 4526 and 4529.5, stating that selection of professional services is based on competence and qualifications without regard to fee. The fee will be opened and evaluated to ensure the fee is reasonable for the services to be delivered after selection of the consultant based on qualifications is complete. Provide in a separate sealed envelope the proposed billing rates for all expected personnel to deliver services as described in the scope of work.
All cost proposals shall be signed and dated per Section 5.0 above and shall be submitted in a separate sealed envelope.
9. SUBMITTAL INSTRUCTIONS
A. Time, Place and Format
Proposal submission due date: JANUARY 30, 2024 at 5:00 P.M: No proposals will be considered for award unless properly and successfully submitted through the electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Request For Proposal. All proposals must be signed by an authorized representative.
All required sections, including pricing, shall be submitted via the website. Bidder is solely responsible for "on time" submission of their electronic proposal. The bid management system will not accept late bids and no exceptions shall be made. Bidders will receive an e -bid confirmation number with a time stamp from PlanetBids, the bid management system indicating their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.
DO NOT FAX OR E-MAIL.
NOTE: E-Bids/Proposals are sealed and cannot be viewed by the City or any other person or entity until the closing date and time. If you need to withdraw your bid, you may do so at any time before the bid deadline, by going back into the system and selecting "withdraw".
Three physical copies of the final proposal shall be submitted to the City no later than two working days after the proposal deadline. The
consultant project cost proposal shall be submitted in a separate sealed envelope marked "Cost Proposal." Proposer's who do not include physical copies within the specified timeframe will be considered unresponsive and disqualified.
All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.
Proposals must:
• Show page numbers for all pages in the proposal.
• Be on 8-1/2"x11" page size
• states "On -Call Construction Management and
Inspection Services"
• identifies the proposer
• Must be addressed as follows:
City of Placentia
Attn: Chris Tanio, PE, Deputy Director/City Engineer
401 E. Chapman Avenue
Placentia, CA 92870
• Proposals must address the requirements of the RFP as set forth in Section 5. They should be as concise as possible and must not contain any promotional, advertising or display material.
B. Cost proposal Submittal
A detailed hourly rate schedule shall be required for this RFP. If subcontracting, the rate structure for those services shall be included.
On-call contracts resulting from this RFP will be awarded to firms whose Technical Proposal meets the technical requirements of the RFP.
Proposals will be ranked in accordance with the evaluation criteria stated in this RFP. Should the consultants selected for each task or project be not able to reach an agreement on the fees for design services, the City reserves the right to enter negotiations with any of the qualified consultant on the on-call list.
C. Opening of Responses
All proposals are scheduled to be opened and considered within two weeks after the deadline date shown in Section 2 using evaluation procedures set forth in Section 10. Consultant selection may be delayed or postponed at the discretion of the City.
10. EVALUATION CRITERIA
A. Selection Committee
a. Proposals submitted will be evaluated by a Selection Committee B. Review of Proposals
a. The Selection Committee will use a point formula during the review process to individually score Project Proposals, as outlined in Section C below, "Project Proposal Evaluation Criteria." The Selection Committee will then be convened to review and discuss these evaluations and combine the individual scores to arrive at an average composite Project Proposal score for each firm. Firms that do not meet "Mandatory Elements" listed in Section 01 below will be eliminated from further consideration.
b. After the composite Project Proposal score for each firm has been established based upon the "Qualitative Evaluation" criteria listed in Section C, the Selection Committee may request oral presentations from a subset of those firms with a minimum score of 70 points. Based upon score rankings, the three (3) highest ranking firms may be interviewed.
The Selection Committee may also schedule a site visit, if applicable. c. The Cost Proposal of firms receiving a minimum score of 70 points on the qualitative review will be opened to ensure that the Cost Proposal is reasonable. The cost proposal for these services should consist of hourly rate for all classifications assigned to this project.
C. Project Proposal Evaluation Criteria
Proposals will be evaluated using three (3) sets of criteria. Firms meeting the mandatory elements will have their proposals evaluated and scored. The following represent the principal selection criteria which will be considered during the evaluation process.
a. Mandatory Elements
i. The firm is independent and properly licensed to practice in California.
ii. The firm has no conflict of interest with regard to any other work performed by the firm for the City.
iii. The firm adheres to the instructions in this RFQ on preparing and submitting the proposal.
iv. The firm included a Letter of Transmittal in the Project Proposal. b. Qualitative Evaluation (Maximum Points = 100)
In order to be considered the proposer must achieve at least 70 points. (Points will be assigned by the Department Director or Coordinator.) i. Expertise and Experience (60 points)
1. The quality of the firm's and individual personnel's experience in providing professional design and
engineering services for City Capital Improvement Projects as described in the Scope of Services. The quality of the personnel's demonstrated expertise in producing detailed plans and related engineering services.
2. The quality of professional personnel's education,
certifications, licenses, and years of experience designing plans and providing construction support. Demonstrated
commitment to high quality customer service and public
relations.
3. Public agency references relative to personnel assigned to this contract; Long-term working relationships, multiple projects delivered for same agencies.
4. Firm's statement on why it believes itself to be best qualified.
ii. Scope of Work (20 points)
1. Contract scope of work outlined in Section 3 of the RFP is addressed, and the proposal demonstrates that the
proposer thoroughly understands the City's needs and
expectations, and how those will be met.
2. Inclusion of additional work scope/deliverables that complements and enhances the City's scope of work which will ultimately deliver better services and construction projects.
iii. Allocation of Resources (20 points)
1. Conceptual plan that outlines how the firm's resources will be leveraged to deliver Construction Management and
Inspection Services that ultimately result in better projects.
2. Identify any distinguishing features, resources, skills and/or services your firm can allocate to this contract to deliver the City's capital improvement projects.
LEGAL REQUIREMENTS
The contract awarded shall be governed in all respect by the laws of the State of California, and any litigation with respect thereto shall be brought in the courts of the State of California.
The firm awarded the contract shall comply with applicable Federal, state and local laws and regulations and comply with the following terms:
• The City has the right to reject any and all proposals . • All documents submitted in response to the RFP are public documents subject to disclosure as permitted by the California Public Records Act. • The City is not liable for any costs incurred in responding to the RFP. • From the issue date of this RFP until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City staff except through the person named herein for questions. For violation of this provision, the City shall reserve the right to reject the proposal of the offending firm. • The selected firm will be required to enter into a Professional Services Agreement with the City of Placentia which includes the City's Standard Terms and Conditions including insurance requirements.
• Proposals submitted early may be withdrawn by the firm prior to the Proposal due date specified above. Following the Proposal due date, the Proposal constitutes a binding offer and may not be withdrawn by the firm prior to the award. • The City of Placentia reserves the right to: (a) waive minor irregularities or variances, non -material bid informalities or defects in any proposal; (b) reject any and all proposals, in whole or in part, submitted in response to this solicitation; (c) request clarifications from all firms; (d) request resubmissions from all firms; (e) make partial, progressive or multiple awards; and (f) take any other action as permitted by law and /or the City's Procurement Ordinance.
APPENDIX "A" — PROFESSIONAL SERVICES AGREEMENT (SAMPLE)
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
THIS AGREEMENT is made and entered into this _ day of , 20_ ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and , a [state] [type of corporation] ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to landscape architecture and accessibility design services, as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and 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; including credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations; 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; and E. WHEREAS, among other reasons, the City is hiring Consultant to perform accessibility design services at a public park within the City to comply with all applicable accessibility requirements.
Accordingly, Consultant desires to perform these services and to bear all risk the City may bear resulting from accessibility designs that are not complaint.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference, including but not limited to, preparing all design documents free from defects.
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, and with credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations. 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. Consultant also warrants that it has ownership of all intellectual property being provided under this Agreement.
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 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 Dollars ($ .00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of months, ending on , 20_, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination.
Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished
design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
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.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant
shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below.
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (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."
(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 Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: Tel:
Fax: Fax:
Attn: Attn:
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 arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant 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, 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 negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits
on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be
required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right 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 negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
City Administrator
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Date:
Date:
Date:
Date:
Risk Management
APPROVED AS TO CONTENT:
Date:
Project Manager
DEPARTMENTAL APPROVAL
Date:
Name, Title
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
APPENDIX B
SUMMARY SHEET
Firm Name:
Firm Parent or Ownership:
Firm Address:
Firm Telephone Number:
Firm Fax Number:
Number of years in existence:
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
Name: Title:
Telephone Number: Fax:
Email:
Project Manager (Person responsible for day-to-day servicing of the account):
Name: Title:
Telephone Number: Fax:
Email:
Types of services provided by the firm:
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 (RFP), dated JANUARY 9, 2024, and to be bound by the terms and conditions of the RFP.
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 JANUARY 9, 2024.
5. This firm has carefully read and fully understands all of the items contained in the RFP. This firm agrees to all of the 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 JANUARY 9, 2024.
Name of Firm:
By:
(Authorized Signature)
Type Name:
Title:
Date:
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
Infrastructure Engineers, a Bowman company
ACORD®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
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).
PRODUCER CONTACT Certificate Department
NAME:
Klein Agency, LLC I PHONE (410) 832-7600
A/C No. Extl:
P.O. Box 219 I -MA1L [email protected]
ADDRESS:
FAx No): () 410 832-1849
INC.
INSURER(S) AFFORDING COVERAGE
Timonium MD 21094 INSURERA: Charter Oak Fire Insurance Co INSURED INSURER B : Travelers Indemnity Co. of Am
Bowman Infrastructure Engineers LTD I INSURER C : Travelers Property Casualty Co. of America INSURER D : Berkshire Hathaway Specialty Insurance
INSURER E : Beazley Insurance Company
INSURER F :
COVERAGES CERTIFICATE NUMBER: 23-24 Infrastructure Eng. REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER POLICY EFF POLICY EXP
TYPE OF INSURANCE
LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY
3060 Saturn Street, Suite 250
Brea CA 92821
A
B
CLAIMS -MADE X OCCUR
X Contractual Liability
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
JECT
POLICY
X
OTHER:
AUTOMOBILE LIABILITY
X - ANY AUTO
- OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
X UMBRELLA LIAR
C EXCESS LIAB
DED 1 1 RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
C OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
LOC
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X
OCCUR
CLAIMS -MADE
Y/N
N
Primary Professional & Pollution Liab /
D/E Excess Professional & Pollution Liab
6306J047645 08/31/2023 08/31/2024
8108T020319
CUP6J395074
N/A UB6J317115
47-EPP-330666-01
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL &ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
08/31/2023 08/31/2024 I BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
08/31/2023 08/31/2024
08/31/2023 08/31/2024
08/31/2023 08/31/2024
EACH OCCURRENCE
AGGREGATE
XI STATUTE
OTH-
ER
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
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
Each Claim/Aggregate
$ 1,000,000
$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
©1988-2015 ACORD CORPORATION. All rights reserved.
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 11.
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 II — 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 III — 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 III — 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 III — 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 III — 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 oAn Insured 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".
CA T4 74 08 17
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)
(b)
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
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
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 I insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury",
"property da mage" 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 independe nt 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 111 — 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
additiona I 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 c overage 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.
I.
Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Premises
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 Liabil ity
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
© 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
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 II — 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 (if 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,
member, 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.
© 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
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 c onduct 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,
© 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
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.