Agenda packet, regular meeting — Placentia City Council, May 7, 2024 (part 4 of 9)

COMMERCIAL GENERAL LIABILITY
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 0 - 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
organization will be deemed to be
designated i n the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company;
or
c. A trust;
as indicated in its name or the documents
that govern its structure.

F. BLANKET ADDITIONAL INSURED

CONTROLLING INTEREST

1. The following is added to SECTION II -
WHO IS AN INSURED:

Any person or organization that has financial
control of you is an insured with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" that
arises out of:
a. Such financial control; or
b. Such person's or organization's
ownership, maintenance or use of
premises leased to or occupied by you.

The insurance provided to such person or
organization does not apply to structural
alterations, new construction or demolition
operations performed by or on behalf of such
person or organization.

2. The following is added to Paragraph 4. of
SECTION II — WHO IS AN INSURED:

This paragraph does not apply to any
premises owner, manager or lessor that has
financial control of you.

G. BLANKET ADDITIONAL INSURED -

MORTGAGEES, ASSIGNEES, SUCCESSORS

OR RECEIVERS
The following is added to SECTION II - WHO IS
AN INSURED:

Any person or organization that is a mortgagee,
assignee, successor or receiver and that you
have agreed in a written contract or agreement
to include as an additional insured on this
Coverage Part is an insured, but only with
respect to its liability as mortgagee, assignee,
successor or receiver for "bodily injury", "property
damage" or "personal and advertising injury"
that:
a. Is "bodily injury" or "property damage" that
occurs, or is "personal and advertising injury"
caused by an offense that is committed,
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COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or
agreement; and
b. Arises out of the ownership, maintenance or
use of the premises for which that
mortgagee, assignee, successor or receiver
is required under that contract or agreement
to be included as an additional insured on
this Coverage Part.

The insurance provided to such mortgagee,
assignee, successor or receiver is subject to the
following provisions:
a. The limits of insurance provided to such
mortgagee, assignee, successor or receiver
will be the minimum limits that you agreed to
provide in the written contract or agreement,
or the limits shown in the Declarations,
whichever are less.
b. The insurance provided to such person or
organization does not apply to:
(1) Any "bodily injury" or "property damage"
that occurs, or any "personal and
advertising injury" caused by an offense
that is committed, after such contract or
agreement is no longer in effect; or
(2) Any "bodily injury", "property damage" or
"personal and advertising injury" arising
out of any structural alterations, new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.

H. BLANKET ADDITIONAL INSURED -

GOVERNMENTAL ENTITIES - PERMITS OR

AUTHORIZATIONS RELATING TO PREMISES
The following is added to SECTION II - WHO IS
AN INSURED:

Any governmental entity that has issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of any of the following for which that
governmental entity has issued such permit or
authorization: advertising signs, awnings,
canopies, cellar entrances, coal holes,
driveways, manholes, marquees, hoist away
openings, sidewalk vaults, elevators, street
banners or decorations.

I. BLANKET ADDITIONAL INSURED -

GOVERNMENTAL ENTITIES - PERMITS

OR AUTHORIZATIONS RELATING TO

OPERATIONS
The following is added to SECTION II - WHO IS
AN INSURED:

Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" arising out of such
operatio ns.

The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the
governmental entity; or
b. Any "bodily injury" or "property damage"
included in the "products -completed
operations hazard".

J. INCIDENTAL MEDICAL MALPRACTICE

1. The following replaces Paragraph b. of the
definition of "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in
providing or failing to provide "incidental
medical services", first aid or "Good
Samaritan services" to a person, unless
you are in the business or occupation of
providing professional health care
services.

2. The following replaces the last paragraph of
Paragraph 2.a.(1) of SECTION II - WHO IS
AN INSURED:

Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1)(a), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide:
(a) "Incidental medical services" by any of
your "employees" who is a nurse,
nurse assistant, emergency medical
technician, paramedic, athletic trainer,
audiologist, dietician, nutritionist,

Page 4 of 6 ends

COMMERCIAL GENERAL LIABILITY
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,
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.

Page 6 of 6 ends

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
BERG & ASSOCIATES, INC.

THIS AGREEMENT is made and entered into this 2 -day fAprll, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Berg & Associates, Inc. ("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.

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.

Berg & Associates, Inc.

(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.

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.

Berg & Associates, Inc.

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. T, is Agreement shall commence on the Effective Date and continue for a period of 3 years, ending on' �A 3riL2, 2027 unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 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, Berg & Associates, Inc.

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

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.

Berg & Associates, Inc.

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.

Berg & Associates, Inc.

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. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT:

Berg & Associates, Inc.
302 W. 5th Street, Suite 210
San Pedro, CA 90731
Tel: (310) 548-9292
Fax: (310) 548-9195
Attn: Alicia Berg
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.

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.

Berg & Associates, Inc.

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.

Berg & Associates, Inc.

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.

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. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

Berg & Associates, Inc.

CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula, City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia

CONSULTANT
A÷g.

Signature
Alicia Berg
Name and Title
330075557
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:
(VtS 1)A!&
Chris Tanio, Deputy Director/City Engineer
Date: 3/12/2024
Date:

Date:

Date:
3/12/2024
Berg & Associates, Inc.

DEPARTMENTAL APPROVAL
(,1A fs
Luis Estevez, Deputy City Administrator
Date: 3/12/2024
Berg & Associates, Inc.

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
Berg & Associates, Inc.

ON -CALL CONSTRUCTION MANAGEMENT
a INSPECTION SERVICES I RFP NO. PW-24-01
for the City of Placentia
January 30, 2024
Berg & Associates, Inc.

Your Bridge to a Better Project

RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
Table of Contents
A. COVER LETTER
B. SIGNATURE REQUIRMENTS
C. EXECUTIVE SUMMARY
a. Company Overview
b. Subconsultant Overview
01 01
03 D. PROJECT TEAM ORGANIZATION
a. Organization Chart
b. Project Manager & Key Staff Experience
04 04
05 E. RELEVANT PROJECT EXPERIENCE & REFERENCES
a. Featured Project Experience
13 16
F. UNDERSTANDING & APPROACH
19 G. SCOPE OF WORK
22 H. SCHEDULE 28

APPENDICES
a. Attachment B - Summary Sheet
b. Attachment C - Certification of Proposal to the City of Placentia

COST PROPOSAL - SEPARATELY SUBMITTED/SEALED
Berg & Associates Inc.
�■ Your Bridge to a Better Project

Berg & Associates Inc.

Your Bridge to a Better Project
January 30, 2024
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Attn: Chris Tanio, PE - Deputy Director/City Engineer
Subject: RFP No. PW-24-01: On -Call Construction Management and Inspection Services for the City of Placentia
Dear Mr. Tanio,
Berg & Associates, Inc. (Berg) is pleased to submit our proposal to provide Project Management and Construction Management Services to the City of Placentia for On -Call Construction Management and Inspection Services. We have over four decades of experience managing civil works projects for local cities and agencies and understand the challenge and how to succeed at completing projects on time and on budget while ensuring that the public is safe, and inconvenience is minimized. Berg has successfully completed projects involving street and roadway rehabilitation, structures, bridges, water mains and pipelines, pump stations and storm drains. We are a perfect match for the types of projects you anticipate for your upcoming Capital Improvement Projects.

We are organized in a way that allows for quick decision -making and rapid responses that has proven successful for on -call contracts with Los Angeles World Airports, the Ports of Los Angeles and Long Beach, as well as numerous public agencies and cities including Huntington Beach, Long Beach, Santa Monica, West Hollywood, Palm Springs, and Rialto.

Berg brings a well -established roster of personnel that are the best in the business, and we are proud to say they have been loyal to Berg for decades due to our commitment to excellence not only for our clients, but to the esteemed people who work for us. Our proposed Project Manager, Dave Smith, PE, QSD, brings 30 years of public works management experience and 26 years with our firm. Dave is truly gifted in managing projects and brings phenomenal expertise in managing the contractor, caretaking the public, and blending ideally with City staff.

The Berg Team has the required capacity, breadth, depth, availability, and financial stability to perform the requirements of the RFP. By submitting this proposal, we acknowledge that we have read and understand the contents of this RFP and agree to comply with the requirements and conditions contained in the RFP and all of the applicable Exhibits. We agree to and endorse the following required proposal statements:

A. BergCM will perform the services and adhere to the requirements described in this RFP, including any addenda. We acknowledge receipt of Addendum 1.

B. We acknowledge that 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. Our cost proposal is considered proprietary and should not be releasable as public information. We are aware that all such requests may be subject to legal review and challenge. 302 West 5th Street, Suite 210 • San Pedro, CA 90731 • Phone (310) 548-9292 • Fax (310) 548-9195

Berg & Associates Inc.

Your Bridge to a Better Project
D. We will not substitute members of your designated team without approval by the City of Placentia staff.

E. BergCM has declares we have no Conflict of Interest.

F. BergCM declares there has been no collusion with other firms.

G. BergCM has the ability and is in agreement to fulfill the indemnification and insurance requirements contained in the sample contract.

As President, I am authorized to negotiate terms, render binding decisions, and commit the firm's resources.

Please feel free to contact us via email with any questions or further information requirements:
[email protected]. For more information,visitourwebsiteat www.bergcm.com . We look forward to the opportunity to serve you!
Sincerely,
Deborah Berg, MPA
President - Berg & Associates, Inc.
302 West 5th Street, Suite 210 • San Pedro, CA 90731 • Phone (310) 548-9292 • Fax (310) 548-9195

RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
C. EXECUTIVE SUMMARY

COMPANY OVERVIEW
Berg & Associates, Inc. (BergCM) is a Certified SBE/WBE with 44 years of dedicated service in Southern California at the forefront of construction, project, and program management. BergCM, as prime, has maintained a strong presence in Southern California as a full -service CM firm, successfully delivering multi -jurisdictional, multi -phased, multi -staged infrastructure projects ranging from less than $1 million to more than $100 million in construction value.

Our diverse portfolio of longstanding repeat clients attests to BergCM's reputation for dedicated service, dependable project delivery, and our consistency in delivering quality staff and award -winning projects. ➢ Comprehensive Services
Construction management, office engineering, civil and structural inspection, document control, project controls, scheduling, estimating, claims support, change management, specialty inspection, resident engineering, and structural engineering. ➢ Project Diversity
Specializing in transportation and infrastructure, we consistently deliver exceptional public works improvement projects that involve street rehabilitation, site improvements, parks and recreation improvements, building facilities, bridges, traffic signals, and water infrastructure.
➢ Proven Track Record
Clients are more than accounts; they're partners in our success. "What I found impressive [about BergCM] is the team's willingness to support and meet the City's needs when issues came up." City of Santa Monica - Fabio M. Macias, Civil Engineering Associate 20/21 Annual Wastewater Replacement Project
➢ On -Call Experts
Over 22 on -call contracts held including agencies like Los Angeles World Airports, LADOT, MWD, and the Port of Los Angeles, with more than 20 task order directives successfully executed. ➢ Dedicated Team
At BergCM, our employees are our greatest asset. Our team's longevity reflects our company's depth of experience.
➢ Award -Winning Excellence
Providing mutual benefits by writing nominations for project awards. With over 30 project awards and counting, our projects consistently meet award criteria.
➢ Knowledge of Standards & Regulations
Extensive experience implementing standards and specifications, including: Caltrans Standard Plans and Specification, OSHA safety standards, The Greenbook, Uniform Building Codes Standard Plans for Public Works Construction, Local regulations and standards.

Berg & Associates Inc.

Your Bridge to a Better Project
22 On -Call
Contracts
We've worked in 42 SoCal cities
and have been awarded 22 on -call
contracts and counting!

AQUICK LOOK AT BERG
4 Berg's corporate office is in
San Pedro with many Berg
employees residing in Long
Beach.
4 No bankruptcy, litigations,
office closures, or mergers.
4 We have local, cross -trained
staff ready to provide a range
of services.

On -Call CM Contracts
Current
City of Huntington Beach
City of Palm Springs
City of Long Beach
City of Santa Monica
City of Rialto
City of West Hollywood
Metropolitan Water District
City of LA, Harbor Division
Los Angeles World Airports
SCRRA/Metrolink
Previous
City of Santa Monica
City of LA, BOE Bridge Dept.

Port of Long Beach
LA Metro
OCTA Utility Coordination
Caltrans D7 (2 contracts)
City of West Hollywood
City of Moreno Valley
LA CRA
CELEBRATING 43
YEARS PROVIDING CM a
INSPECTION SERVICES!

RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
Most importantly, we have maintained a sense of community, with a strongly held belief that PUBLIC WORKS ARE A PUBLIC TRUST. We are honored when entrusted with a project and do our very best to exceed expectations for quality and efficiency. We know from working with the City of Irvine, that the City prioritizes consistent communication, smooth operations, and efficient documentation. A project is not just more construction, but an iconic improvement that symbolizes the City's care for improving accessibility and safety for their community.

We are dedicated to bringing the most qualified team members, engineering best -practices, and newest technology to our projects, making us... Your Bridge to a Better Project! Company's Growth
BergCM is continually expanding its array of services to meet client demand. We are in excellent financial condition, experiencing steady growth with increasing capacity. All accounting records are maintained according to Generally Accepted Accounting Principles (GAAP) and we utilize a Caltrans audited overhead rate in conformance with the Federal Acquisition Regulations (FARs).

Company Culture
BergCM is a Woman -Owned (WBE), Disadvantaged Business Enterprise (DBE), and Small Business Enterprise (SBE). Throughout her career, Deborah Berg, MPA, President of BergCM, has become an influential figure in the industry, as co-founder of WTS-Inland Empire and Former President of WTS-Los Angeles, she leads the firm as a stand -out SBE/DBE/WBE company that consistently holds Prime contracts. Her leadership as a woman in construction is reflected in her team, as BergCM has empowered numerous women in their engineering and public works careers. She continues to advance the industry through participation in CMAA, WTS, APWA, ACEC, ASCE and the Cal -Mentor Program.

Deborah's proactive, communicative, and problem -solving attitude has shaped BergCM company culture.

BergCM staff are a rare team in the construction management industry, with the majority of our staff achieving long -tenure, due to a positive environment, continued education mindset, and team -oriented attitude.

It
Technology & Expertise
We recognize that we must demonstrate our cost effectiveness and schedule management on every project, and we continually look for tools and processes that allow us to work more efficiently. BergCM was one of the first to use drone technology to survey and document construction progress. All staff, not just administration, are versed in the latest construction and project management softwares. Field personnel are equipped with iPads/tablets for real-time reporting from any location on the project site.

BergCM implements procedural and technical innovations to improve our communication, documentation, and evaluation methods including:
✓ Cloud -based Internal Document Control System
✓ Digital As-Builts in Bluebeam
✓ Customized Automations for Documentation Due
Dates
✓ Contractor Submission Portal & Transmittal System
✓ Aerial Drone Photography & Licensed Drone Pilots
✓ Field Inspection Tablets
✓ CMAA Project Interns
Berg & Associates Inc.

Your Bridge to a Better Project
IJ

BLUEBEAM
CiNififi
► Airtable
2 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia

SUBCONSULTANT OVERVIEW
NINYO & MOORE — Materials Testing I Quality Assurance I Geotechnical Engineering Ninyo & Moore, a California Corporation, is a minority -owned, multidisciplinary consulting firm that provides high -quality geotechnical and environmental consulting services. The firm was incorporated in 1987 to provide consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment.

Ninyo & Moore are committed to being responsive, thorough, technically sound, and active in the business community. Ninyo & Moore has provided materials testing services on hundreds projects throughout Southern California. Their Inland Empire office and Caltrans-certified laboratory, located in Fontana, has been certified by Caltrans District 8 since 1996 and has successfully completed numerous projects with BergCM providing geotechnical, materials testing and inspection services for SBCTA, Rialto, Rancho Santa Margarita, Fullerton, West Hollywood, Torrance, Huntington Park, and Beverly Hills. We have held 15 contracts, including on -call contracts, with Ninyo & Moore as our trusted subconsultant.

BERGCM AND NINYO & MOORE PROJECT HISTORY
id

START DATE

PROJECT NAME
CLIENT

DESCRIPTION OF SERVICES
3/13/2002

AVENIDA DE LAS

BANDERAS/MATERIALS TESTING
Rancho Santa
Margarita
Sub to BergCM - Soils and Materials
testing
8/28/2009

BANDINI CANYON TRAIL
San Pedro
Sub to BergCM Geotechnical Testing
Services
12/18/2009

WEST HOLLYWOOD/SUNSET STRIP

BEAUTIFICATION PROJECT
West Hollywood
Sub to BergCM - Materials Testing
and Inspection Services
4/17/2020

PCH WATER MAIN
Torrance
Sub to BergCM Geotechnical and
Materials Testing Services
5/15/2013

RAYMOND AVE GRADE SEPARATION
Fullerton
Sub to BergCM Materials Testing &
Inspection
12/20/2016

SANTA MONICA BOULEVARD
Beverly Hills
Sub to BergCM Soils and Materials
Testing Services
4/15/2019

ALDER AVENUE WIDENING
Rialto
Sub to BergCM Geotechnical and
Materials Testing Services
5/23/2019

RANDALL AVENUE WIDENING
Rialto
Sub to BergCM Geotechnical and
Materials Testing Services
1/25/2021

HUNTINGTON PARK STREET

ENHANCEMENTS PROJECT
Huntington Park
Sub to BergCM - Materials Testing
Services
6/2/2021

PCH AND HAWTHORNE BOULEVARD
INTERSECTION IMPROVEMENTS T-131
Torrance
Sub to BergCM - Materials Testing
and Inspection Services
3/10/2022

MELROSE AVENUE STREETSCAPE
PROJECT, CIP NO. 2104
West Hollywood
Sub to BergCM - Geotechnical and
Materials Testing Services
10/01/2022

WESTERN REGION PROJECTS (ON-
CALL)
Metropolitan Water
District
Sub to BergCM - Geotechnical and
Materials Testing Services
10/01/2023

ON CALL CM, INSPECTION,

ADMINISTRATION, AND MATERIALS

TESTING
Lomita
Sub to BergCM - Geotechnical and
Materials Testing Services
11/01/2023

MAGNOLIA RPU INTERCONNECTION
Western Municipal
Water District
Sub to BergCM Geotechnical and
Materials Testing Services
03/01/2024

LADYFACE GREENWAY PROJECT
Agoura Hills
Sub to BergCM Geotechnical and
Materials Testing Services
_j Berg & Associates Inc.
�7 Your Bridge to a Better Project
3 PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
D. PROJECT TEAM ORGANIZATION
BergCM offers proposed on -call staff with a proven track record of delivering projects of all sizes to our clients successfully, within schedule and budget. They understand, from experience, the intricacies of constructability reviews, contract administration, claims avoidance, document control, engineering reviews, and project communication. Many of our projects involve state and federal funding, making us adept at conforming to all project procedures for any funding compliance. Full resumes for all proposed personnel are available to the City upon request.

We employ a full range of staff including licensed civil engineers, QA managers, technical field personnel, inspectors, utility coordinators, controls & claims specialists, and public outreach professionals. All proposed staff on the BergCM team are well versed in Caltrans and Greenbook standards, procedures, and practices, and have project experience on major public works projects in coordination with Caltrans and Southern California utility companies.

All team members interact effectively with City staff, other consultants, stakeholders, regulatory agencies, and utilities to ensure project expectations are met and exceeded. We promote a collaborative working and learning environment for our personnel, providing regular training programs and courses to enhance team knowledge.

Alicia Berg
Berg
RE/Contract Admi
Berenice Martin, PE
Berg
>r 40+ years, BergCM
has provided teams to
public agencies built
SAFETY— Highest priority!
diverables, and professionalis
pport each other and do wha
takes to get the job done.
oblem solvers, with licenses,
-based reporting, and digi
-builts.

Project Manager/Sr. RE
Lead Inspector/CM
Dominic Costello, CPII
Berg
Resource Pool/Support Staff
Project Admin & Controls
Sr. Construction Manager
Tom Berg, PE, QSD B
Cass Hamvas, PE, QSD B
Bruce Pretty B
Construction Manager
Melanie Nelson, CCM B
Dominic Costello, CPII B
Scheduler/Claims Specialist
Kevin Byers, PSP B
Charlie Fornelli B
Contract Administrator/Funding Specialist
Brenda Ramirez, MPA B
— Berg & Associate
/] Your Bridge to a Better Project
Office Engineer
(Sr.) Carlos Quiroz, QSP B
Ryan Moore B
Sierra Smith B
(Jr.) Eric Vandenberg B
Document Control/Admin. Asst.

Rose Solis B
Julianna Gonzalaez B
Additional Services
Community Outreach Manager
Jenelle Saunders B
Outreach Support/Graphic Designer
Inspection Services
Lead Inspectors
Bruce Pretty (Civil) B
Carlos Quiroz, QSP (Civil) B
Tony Farrahi (Civil) B
Inspectors
Ryan Moore (Civil) B
Robert lasso (Civil/Structural) B
Richard Thompson (Civil) B
John Sagrado (Civil) B
Material Testing
Project Manager
Garreth Saiki, PE, GE (NM)
Field Technicians
4 PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia

PROJECT MANAGER & KEY STAFF EXPERIENCE
BergCM proposes David J. Smith, PE, QSD/P, as Project Manager, to lead Task Order efforts and oversee quality of all deliverables by BergCM staff. He is highly qualified and knowledgeable to provide the City with sound engineering and excellent project management services.

Successful Coordination &
Positive Working Relationship
with Caltrans, Utility
Comnanies_ & Municinalities
28 years of experience as
PM/RE/SR on PW projects
with Caltrans Oversight
O_ �a:I:a... r.......J:�..a:...,.
"My experience with Dave
Smith and the BergCM team
was This was a
very complex project
[Raymond Avenue Grade
Separation] and the BergCM
Team was always prepared
and communicated
thoroughly in all instances."
- Greg J. Rousseau
BNSF Project Engineer (2020)
Berg & Associate
David J. Smith, PE, QSD/P
Dave brings a boots -on -the -ground approach to his project management methodologies, daily workflow, and team leadership.

After graduating with a Bachelors in Civil Engineering from Cal Poly Pomona, Dave began his career in Caltrans District 8 Division of Structures, where bridges became his passion. Since joining Berg 26 years ago, he has served as Project Manager, Resident Engineer, and Structures Representative on bridges and grade separations involving a heavy emphasis on utility coordination and safety.

Dave has a deep respect for construction standards and in particular Caltrans standards. This respect and understanding, paired with his attention to detail for ensuring work quality compliance in a multi -agency & multi -stakeholder
environment, makes him the best choice to lead the team and

RELEVANT & RECENT PROJECT EXPERIENCE
• Project Manager Magnolia RPU Interconnection
Western Municipal Water District
• Project Manager SR-55/Ritchey Street Water Improvement City of Santa Ana
• Project Manager/Sr. RE Fullerton Road Grade Separation San Gabriel Valley Council of Governments
• Project Manager Alder/Randall Street Improvements
City of Rialto
• Project Manager Raymond Avenue Grade Separation
City of Fullerton/OCTA
• Project Manager Pigeon Pass Road Street Improvements
City of Moreno Valley
"I truly enjoy being a part of the infrastructure
building process. Something that you can see,
touch, feel and use, and show your family."
- David J_ Smith. PE. QSD
O
Licensed PE
Californiz
NHI Certificate
Managing High%
Contract Clair.

Analysis &
Qualified
Stormwater
Designer &
(JIIT, AC
Pavement, &
Professional
26 years
with
5 /] Your Bridge to a Better Project

PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
Roadway & Utility
Construction
Local ( ubgrade preparation, water mains, storm drains, pump stations, retaini walls, paving, striping, and landscape. His electrical experience includ :raffic signals, lighting systems (single and series), installation of traffic sigr

ECENT RELEVANT PROJECT EXPERIENCE
West Hollywood
• Lead Inspector, Fullerton Road Grade Separation, SGVCOG/ACE • Utility Coordinator, Raymond Avenue Grade Separation, City of Fullerton/OCTA
tESIDENT ENGINEER/CONTRACT ADMINISTRATOR
nanagement, project engineering, contract administration, and ri nanagement. Her experience includes grade separation and bridge projec pump stations, grading and paving, heavy and light rail, Metrolink statior rII of which involve critical roadway improvement activities and util relocations. Berenice oversees quality assurance of project documen establishing clear methods of communications with the Contractor, al providing sound engineering recommendations.
the project extended casing for a City sewer line. She worked with tl City to maintain ADA compliance on the streets and at the static during construction and with Metrolink to make ADA improvements the pedestrian circulation elements at the station.
• Resident Engineer, SR-55/Ritchey Street Water Improvements, Ci of Santa Ana (Coordination w/ OCTA & Caltrans for SR -55 Widening) • ARE/Deputy RE, Fullerton Road Grade Separation (Phase 1), San Gabri Valley Council of Governments (SGVCOG)
O
Certifi
Publi
Worth
Inspec'
(APW,
•
Licens
PE it
Califor
BS in (
Eng
MS in
Eng.
struct
emph,
Berg & Associate
/] Your Bridge to a Better Project
6 PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
• 25 years
w/ BergCM

CASS HAMVAS, PE, QSD/P
DEPUTY PROJECT MANAGER/SR. RESIDENT ENGINEER
• 25 years
w/ BergCM
Pill" _
. (..
• 25 years
w/ BergCM
0 30+ years of experience in Project Management in PW -17 years with LADWP & oversaw $30M in annual projects
Extensive experience with OCTA & Local standards

RECENT & RELEVANT PROJECT EXPERIENCE
• Project Manager/Sr. Resident Engineer Anaheim Canyon Metrolink Station, OCTA
• Project Manager/Resident Engineer, Ladyface Greenway Project, City of Agoura Hills

BRUCE PRETTY
SR. CONSTRUCTION MANAGER/LEAD INSPECTOR
• Expert in field oversight and construction methods
• 40 years of experience coordinating and providing quality assurance to Cities and Agencies throughout SoCal

RECENT & RELEVANT PROJECT EXPERIENCE
• Sr. Construction Manager, Sludge Drying Bed Rehabilitation, City of Palm Springs
• Sr. Construction Manager, Storm Drain Line 20, City of Palm Springs

MELANIE GURALNICK, CCM

CONSTRUCTION MANAGER/CONTRACT ADMINISTRATOR
25 years of experience as PM, CM, and Contract Admin
Experienced in Labor Compliance, Office Engineering,
and Site Photography

RECENT & RELEVANT PROJECT EXPERIENCE
• Construction Manager, Western Gage Median Park & CD 6 Sidewalk Repair Program, Los Angeles Neighborhood Initiative
• Construction Manager, Los Angeles Sidewalk Repair Program, Los Angeles Bureau of Engineering
Berg & Associates Inc.
le Your Bridge to a Better Project
7 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia

BRENDA RAMIREZ, MPA
V-- 0 Masters of Public Administration, USG
UWell-versed in grant funding requirements & Labor
Compliance regulations
11 years
w/ BergCM
2 years
w/ BergCM
• Grant Support, General Office Grant Funding Support, Port of Los Angeles • Contract Administrator, SR-55/Ritchey Street Water Improvements, City of Santa Ana

CHARLIE FORNELLI
O 30+ years of experience with background in construction methods
O Professional scheduler and expert in change

RECENT & RELEVANT PROJECT EXPERIENCE
• Sr. Scheduler, SR-55/Ritchey Street Water Improvements, City of Santa Ana O 16 years of experience providing CM & outreach
O Background in graphic design and certificate in Public Relations from eCornell University
West Hollywood
■ Public Outreach Manager, Ladyface Greenway Project, City of Agoura Hills Berg & Associate
8 Your Bridge to a Better Project

PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
6 years
w/ BergCM

SIERRA SMITH
• Bachelors of Science in Civil Engineering, Cal Poly
Pomona
O Expert in Office Engineering and Quality Assurance
• Office Engineer, Magnolia RPU Interconnection, Western Municipal Water District
• Office Engineer, SR-55/Ritchev Street Water Improvementc Citv of Santa Ana 5 years
w/ BergCM
Berg & Associate
Your Bridge to a Better Project
Barbara
West Hollywood
• Jr. Office Engineer, Fullerton Road Grade Separation, San Gabriel Valley Council of Governments
ous, • e ai e • , communica ive, promp
Currently pursuing Certificate of Construction
Management & Landscape Architecture
• Document Control/Public Outreach Assistant, Melrose Avenue Streetscape Improvements, City of West Hollywood
• Document Control, Jamboree Road Rehabilitation, City of Irvine 9 PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
21 years
w/ BergCM
SR. OFFICE ENGINEER/LEAD INSPECTOR
Works projects
Extensive experience preparing change orders, RFCs, RFIs, and payment applications
• Office Engineer, San Pedro Waterfront Berths 74-84 Promenade Ph II, Port of Los Angeles
• nffiro Fng ineer Rarthc 11,7-1 A9 Mnrina fil Ta ee
rminnl Im rovmnts Pert of
p
Los Angeles
Metropolitan Water District (MWD) (Part of On -Call Contract) • Lead inspector, Water Main Installation, Olson Group - City of Huntington Beach (Part of On -Call Contract)
r
ywulb
w/ BergCM
Proven track record of maintaining project documents
with excellent organizational skills

RECENT & RELEVANT PROJECT EXPERIENCE
Ana
• Office Engineer/Inspector, Antelope Road Raised Safety Median Improvements, City of Menifee
0 0 Experience as instructor for American Concrete Institute Berg & Associate
Your Bridge to a Better Project
10 PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
atm
w/ BergCM
2 years
w/ BergCM
O 28 years of experience (6 years with BergCM) with
emphasis in street improvements & utility construction
o
• Lead Inspector, Melrose Avenue Streetscape Project, City of West Hollywood
• Lead Inspector, Various projects, Los Angeles County Department of Public Works (LACDPW) - (Part of On -Call Contract)
Berg & Associate
/] Your Bridge to a Better Project
O
Caltrans ROW and Structural Inspection Experience
City of Huntington Beach (Part of On -Call Contract)
• Civil Inspector, PCH at Hawthorne Intersection Improvements, City of Torrance

JOHN SAGRADO
8 years of experience (2 years with BergCM) with
emphasis in sewer rehabilitation, storm drain, and
pipeline construction
• Civil Inspector, Melrose Avenue Streetscape Improvement, City of West Hollywood
• Civil Inspector, FY 20/21 Wastewater Replacement, City of Santa Monica (Part of On -Call Contract)
11 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
i 26 years
w/ Ninyo &
Moore
w/ Ninyo &
Moore
13 years
w/ Ninyo &
Moore
O MS in Geotechnical Engineering (UC Berkeley) & BS in
Civil Engineering (UC Berkeley)
• Project Manager, On -Call Geotechnical Engineering Services, City of Newport Beach
• Project Manager. On -Call Geotechnical Consultina Services, City of Rancho Santa Margarita
SR. FIELD TECHNICIAN
•
certification
Expert in QA & QC for soil, aggregate, asphalt, & concrete • Jr. rlela I ecnniclan, JK-L I V Lane AaaITIonai, baseline inTercnange and Pavement Rehabilitation, SBCTA
• Field Technician, Various State Transportation Projects, Caltrans District 12, Orange County
Randy Engel
U Numerous Caltrans certificates in concrete test methods, sampling highway materials, and soils test methods
Expert in geotechnical analysis for all types of projects • Sr. Field Technician, SR -210 Lane Additional, Baseline Interchange and Pavement Rehabilitation, SBCTA
• Sr. Field Technician, Foothill Parkway Westerly Extension, Corona, CA Berg & Associate
/] Your Bridge to a Better Project
12 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
E. RELEVANT EXPERIENCE & REFERENCES
Experience with On -Call Contracts
With a long history working as an extension of staff on r numerous on -call contracts, our personnel are flexible, easily adapt to changing workloads, and are cross -trained to work both in the field and in the office. We promote a
collaborative working and learning environment and provide regular training programs and courses to enhance team
knowledge and efficiency. All our personnel work with the latest variety of construction management propriet
software and field personnel are fully equipped to prov real-time reporting from any location on the project site.

Whether it's a single person or a whole team desired,
make certain we have local players on the bench who
ready to go to work expediently once a need has bE
identified. By remaining in contact with the City of Placen team management is prepared to answer task order c
without hesitation or delay. We are organized in a way t allows for quick decision -making and rapid responses t has proven successful in over 22 on -call contracts
values ranging from $1 million to $13 million.

Experience with Road Rehabilitation & Concrete
Since 1980, BergCM has successfully completed projects LIIdL CIIL.UFIIpdss LrIC LILY J ldplLdl iiiipruvement plans including street rehabilitation, storm drain and sewer improvements, bridges (over 30 in our portfolio!), buildings, traffic signals, parks, concrete (pavement, sidewalk, curb, gutter, ramps, drives, etc.), electrical and mechanical systems, and bike and pedestrian mobility. We've managed high -profile street improvement projects including the famous Sunset Strip and Melrose Avenue in West Hollywood and North Santa Monica Boulevard in Beverly Hills. These projects required proactive public outreach and communication to keep businesses, residents, travelers, and first responders informed of all construction activities before the community was impacted. Some of our recent street improvement projects include:

Types of Services: PM/CM, Civil &
Structural Inspection, Contract
Administration, Project Controls, Public
Outreach, Environmental Compliance
Year Founded: 1980
Form of Organization: Corporation
No. of Employees: 30
No. of Offices: 4
Office Locations: San Pedro, Redlands,
La Quinta, West Hollywood - Califorr

PRIME CH AT HAWTHORNE INTERSECTION IMPROVEMENT CITY OF TORRANCE

PRIME JNSET STRIP BEAUTIFICATION CITY OF WEST HOLLYWC
Experience with Utility Infrastructure (Sewer, Storm Drains, & Water Mains) BergCM has completed projects that included water main replacements, storm drains installations and pump station construction. We have installed thousands of feet of water mains and laterals for the cities of Santa Monica, Rialto, Santa Ana, Moreno Valley, Fullerton, Torrance, and El Segundo. BergCM holds a 3 - year contract with Metropolitan Water District for On -Call CM and Inspection Services for their Western Region Projects. We have worked with many MWD member agencies including Eastern Municipal Water Berg & Associate
Your Bridge to a Better Project

RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
District, Western Municipal Water District, Inland
Empire Utilities Agency, and Three Valleys
Municipal Water District, and the Water
Replenishment District.

We have managed $160 million for projects within
the Alameda Corridor Transportation Authority
including the Anaheim Street Storm Drain Project,
consisting of large diameter, 84 -inch, 72 -inch, and
48 -inch storm drainpipe, micro -tunneling
methods, open trench construction, traffic control,
ground water management, and removal of
contaminated soil and water.

As part of our on -call with the City of Santa Monica,
BergCM is providing construction field observation
of the City's FY 2020/21 Wastewater Main
Replacement Project. This $3.2 million project
replaces/repairs approximately 9,000 LF of 6", 8", and 1 projects involve coordination with Sanitation district
requirements of sewer pipelines. Recent projects include:
ore (OE/Inspector), observing welding on our
Ritchey St Water Improvement Project for
y of Santa Ana.
cture
place

PROJECT NAME PROJECT OWNER

PRIME PCH/HAWTHORNE WATER MAIN REPLACEMENT
Experience with Park Construction
BergCM has a long history of working on Park Projects. We served as prime construction manager providing ' _
constructability review, full construction management,
inspection, cost estimating, scheduling, and outreach fora = the construction of Wilmington Waterfront Park for the` Port of Los Angeles that won nine awards of excellence
Listed below are some of our park projects many of which are with our long-time (20+ years) client, Los Angeles
Neighborhood Initiative:

CITY OF TORRANCE
Lanie Walsh, PE, POLA

PROJECT NAME CT OWNER

PRIME GLADYSJEAN WESSON PARK JGELES NEIGHBORHOOD INITIAL Berg & Associate
Your Bridge to a Better Project

RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
Experience with Mechanical & Electrical Systems
Project Manager, Dave Smith, PE, QSD, along with his team, Dominic Costello, CPII and Carlos Quiroz, QSP have completed numerous pump stations together including - the Anaheim Street Pump Station, Raymond Avenue Grade Separation (which had 3 pump stations within the project scope), and Fullerton Road Grade Separation. They are very familiar and knowledgeable about the mechanical and electrical requirements for these type of construction projects. We understand from experience that the new pumps (main pumps) along with the electrical equipment must have early submittals and tracking procurement times is critical to maintaining the construction path.
imilWROJECT NAME
PRIME
PRIME
PRIME
PRIME
PRIME
PRIME

PROJECT OWNER

FRISBEE PARK SEWER LIFT STATION

RIVER RANCH SEWER LIFT STATION

RAYMOND AVENUE GRADE SEPARATION

FULLERTON ROAD GRADE SEPARATION

ANAHEIM STREET PUMP STATION

UNION AVENEUE PUMP STATION
Inspection activities include verifying products delivered to the jobsite in undamaged condition and being stored and handled per manufacturer recommendations; collecting and reviewing required paperwork such as MTRs and COCs;
verifying anchorages comply with project specifications; inspecting proper installation of drainage and electrical components including control panels; verifying joints and fittings; witnessing required Operational and Performance Tests; verifying installed equipment is protected from
damage; inspecting installation of miscellaneous items such as access doors, ladders, and grating platforms.

Experience with Traffic Signals & Lighting
The BergCM team has extensive experience with traffic signals and electrical lighting as shown below. For the LAUS Lighting & CIS Improvements, our team oversaw a complex fiber optic network integration into the existing network allowing for more intelligent and interactive management of the station's train times displayed to the traveling public. During the LAUS Platform 7, work included installation and integration of LED/LCD displays on the train platforms and in the passenger tunnel and waiting rooms. Proposed team members Cass and Dominic were the lead team members involved in these projects. Dominic also led a program for City of Pomona involving the retrofit of approximately 4,200 City -owned street and intersection safety lights with reconditioned, energy efficient "QL" induction, cobra head luminaries.

Project Manager, Dave, oversaw the installation of traffic signal and lighting work for many of his projects, including the SR -118 Widening with Caltrans District 7.

CITY OF RIALTO

LENNAR HOMES

CITY OF FULLERTON/OCTA
SGVCOG
ACTA

CITY OF BAKERSFIELD
Ink PROJECT NAM

PROJECT OWNER
PRIME TUNNEL 25 LIGHTING INTRUSION DETECTION AND FIRE/LIFE SAFETY

PROJECT AND CESAR CHAVEZ RETROFIT AND LIGHTING
PRIME LAUS PLATFORM 7

PRIME LAUS LIGHTING & CUSTOMER INFORMATION SYSTEM IMPROVEMENTS

PRIME CM CONSULTANT SERVICES FOR ENERGY EFFICIENT INTERSECTION SAFETY &

STREET LIHGTING RETROFIT
PRIME SR -118 WIDENING PROJECT
SCRRA
SCRRA
SCRRA

CITY OF POMONA
CALTRANS D7
Berg & Associates Inc.

Your Bridge to a Better Project
15 PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
Anaheim Canyon Metrolink Station • Orange County Transportation Authority Firm Role Prime
Construction Value $30 M
Contract Value $2.1 M
Services Provided Construction Management, Claims
Assistance, Inspection, Scheduling, Office Engineering
Project Dates May 2021- Apr 2023
Staff on Project Proposed for Placentia
Cass Hamvas, PE, QSD: PM/Sr. Resident Engineer; Berenice Martin, PE: Resident Engineer Bruce Pretty: Lead
Inspector; Dominic Costello, CPII: Inspector; Carlos Quiroz:

Inspector; Sierra Smith: Jr. Office Engineer; Rose Solis:

Document Control
Prniart %eiac rmmnlatarl nn times and within hrrrdaat
• Construction of new station platform and
extension of existing platform
• Improvements to existing at -grade crossings
at La Palma and Tustin Ave
• Median, curb & gutter improvements
• Metrolink rail and City bus operations kept
functional during construction
• Train signals, retaining walls, bus pad, utility
work, roadway improvements
• Outreach to residents and passengers
• Local and federal funding — Measure M
• ADA Compliance
• Coordination with City of Anaheim
Project Reference
Lora Cross, Project Manager III, OCTA (retired)
P: (714) 560-5788
P: (949) 429-9203
E: [email protected]
Firm Role Prime
Construction Value $6 M
Contract Value $1.5 M
Services Provided Construction Management, Claims
Assistance, Inspection, Scheduling, Office Engineering
Project Dates Nov 2022 — Feb 2024
Staff on Project Proposed for Placentia
Dave Smith, PE, QSD: PM/Sr. Resident Engineer; Bruce
Pretty: Lead Inspector; Dominic Costello, CPII: Inspector; Carlos Quiroz: Inspector; Sierra Smith: Jr. Office Engineer; Rose Solis: Document Control
Berg & Associate
Your Bridge to a Better Project
Project Features
• Component of OCTA's SR -55 Widening Project
• 3 water projects: water main relocation,
pressure reducing station, water crossing
installation
• MultipleTCE's
• Coordination with OCTA, Caltrans, and utilities
• Work includes:
• Excavation
• Shoring
• Pipe casing fabrication
• Storm drain connections
• Traffic control
• Nightwork and service shutdowns
• ADA Compliance
Project Reference
Robert Aguirre, CIP Project Manager
P: (714) 647-3572
E: [email protected]
16 PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
Firm Role Prime
Construction Value $15 M
Contract Value $3.2 M
Services Provided Construction Management,
Inspection, Scheduling, Office Engineering, Public Outreach Project Dates Jun 2021 —Jun 2024
Staff on Project Proposed for Placentia
Dominic Costello, CPII: Construction Manager; Tony
Farrahi: Lead Inspector; John Sagrado: Inspector; Ryan
Moore: Inspector; Charlie Fornelli: Scheduler; Eric
Vandenberg : Jr. Office Engineer; Rose Solis: Document
Control; Jenelle Saunders: Public Outreach; Ninyo &
Moore: Materials Testing
Project required contract extension and additional funding due to unforeseen conditions including expansive soil remediation and redesign of Gathering Space.

Firm Role Prime
Construction Value Various ($1.4M, $4.9M, $3.45M)
Contract Value $164 K
Services Provided Construction Management,
Observation Services/Inspection
Project Dates Jan 2016 — Jan 2025
Staff on Project Proposed for Placentia
Cass Hamvas, PE, QSD: Project Manager, Bruce Pretty:

Construction Manager; John Sagrado: Inspector
Project Features
• High -profile streetscape reconstruction and
utility undergrounding
• Sidewalk widenings, curb extensions, and
decorative concrete
• Median, curb & gutter, and tree wells
• ADA Compliance
• Asphalt grinding, paving, and striping
• Safety features including In Road Way Lighted
crosswalks
• Landscape and gathering space
• Outreach to residents and business owners
including bi-weekly virtual meetings
• Local and federal funding — Measure M
• Close coordination with City of West
Hollywood, SoCal Edison, AT&T, Spectrum
Project Reference
John Gilmour, PE, City Engineer
P: (323) 848-3778
E: [email protected]
Project Features
• Six task orders under on -call contract for
various CIP projects including water mains,
waste water improvement, & bike lanes
• Removal and replacement of 4-, 6-, and 8 -inch
water mains
• Roadway excavation, backfill, and
reconstruction
• Installation of 36 traffic cameras at 18
intersections
• Painting of 502,000 square feet of bike lanes
with bike path symbols throughout the city
• ADA Compliance & Traffic Control
• Community Outreach and Public Safety
Project Reference
Jason Hoang, PE
P: (310) 351-7913
E: [email protected]
Berg & Associate
Your Bridge to a Better Project
17 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
As -Needed Materials Testing, Pavement Mix, and Inspection • LA County Public Works Services Provided Materials Testing &
Inspection
Project Dates Jun 2015 — May 2020
Project Reference
Greg Johnson
(626) 458-1741
[email protected]
Ninyo & Moore provided as -needed materials testing,
pavement mix design, and inspection services for various projects located throughout LA County. Relevant projects included: Los Palacios Drive Cement Stabilization Mix Designs Project, SR 126/Commerce Center Drive Interchange —
Caltrans Concrete Materials Sampling & Testing Services, San Gabriel Valley Airport Apron Pavement Rehabilitation Phase 2 — Caltrans Asphalt Concrete Materials Testing Services.

Other similar contracts and projects that are listed below to shows work elements we oversee. The table also shows contracts and projects that involve state, federal, and local funding.

SIMILAR PROJECT

EXPERIENCE MATRIX
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On -Call Capital Improvement Program •
City of Santa Monica

•
•
•
•
•
•
On -Call CM Services •
Port of Los Angeles

•
•
•
•
On -Call CM Services
County of Los Angeles
•
•

•
•
On -Call CM, Inspection, & Materials
Testing Services City of Rialto
•
•
•
•
•
•
•
•
On -Call CM Services
City of West Hollywood
•
•
N. Santa Monica Blvd. Reconstruction •
City of Beverly Hills

•
•
•
•
•
•
•
Raymond Avenue Grade Separation
City of Fullerton
•
•
•
•
•
Fullerton Road Grade Separation

SGVCOGJACE
•
Water Main Improvements on Cedar St. •
& Walnut City of El Segundo

•
•
•
•
•
•
PCH at Hawthorne Blvd. Intersection
City of Torrance
•
•
•
•
•
•
•
•
•
Various Community Improvements •
Los Angeles Neighborhood Initiative
•
•
•
•
•
•
•
Berg & Associates Inc.

Your Bridge to a Better Project
18 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
F. UNDERSTANDING & APPROACH
In order to lead a successful program, the specifics of multiple projects must be coordinated simultaneously.

We understand that the City has a great task in managing its Capital Improvement Program. We collaborate with the City and assist to ensure that all considerations have been made by the Designer when we are tasked with managing a project during construction. For instance, we will ensure that required permits are applied for with the proper duration of time and the specifications of each contract are in compliance with funding requirements to ensure the City will receive maximum reimbursements. As multiple projects may be occurring throughout the City simultaneously, coordination between projects can present issues such as traffic control conflicts. We will make sure that the schedules, traffic plans, permits and any other possible overlapping aspects of simultaneous projects are cohesive and do not disrupt the individual project schedules.

Methodology
Quality construction does not just happen, it is the result of the successful alliance between the City, designer, contractor, and construction manager. Berg's approach to contract administration promotes teamwork and cooperation, understanding that a project's success depends on the success of each party. We have seen proof that continuous and effective communication is vital to the success of all projects, and we promote this by:
✓
Establishing clear lines of communication
Resolving issues at the lowest possible level and creating guidelines for escalating issues
✓ Timely responses to RFIs and submittals
✓ Avoiding surprises and contentious correspondence
✓ Being positive and cooperative
We believe in a "no surprises" approach to communications where we keep all stakeholders well informed of project status and discuss and resolve issues as they evolve.

We ensure that contract compliance occurs throughout the project by becoming thoroughly familiar with the contract and providing recommendations before construction begins. We make certain that both the contractor and our CM team are in compliance throughout construction with on -going evaluation through site visits, internal audits, and continual review of the contract documents.

Our QA/QC program is rooted in three fundamentals that we practice in every aspect of the project: communication, documentation, and evaluation. As illustrated in the graphic, we use these core tenants to avoid and/or mitigate conflict, changes, or claims.

Approach
BergCM will keep the City updated on the progress of the work with a weekly status report that will be a quickly digestible dashboard of work completed and work anticipated during the following week, outstanding RFI's or RFC's, Change Orders to date, total budget expended to date and amount remaining, schedule adherence confirmation and several key photos that represent the week's Berg & Associates Inc.

IM Your Bridge to a Better Project
communication
Consistent
Clear and Efficient
Utilize Chain of Command
documentation
Detailed Daily Reports
Meticulous File Management
Tracking Logs
Quality Assurance
Monthly Progress Reports
Internal Audits
19 PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
progress. Additionally, the City can access the current project logs and their associated documents at any time via our online project portal.

Our proposed construction managers and administrative staff have extensive experience implementing standards and specifications including: Caltrans Standard Plans and Specifications, the Caltrans MUTCD for traffic control, Caltrans Local Assistance Procedures; OSHA safety, the Greenbook, Uniform Building Codes Standard Plans for Public Works Construction and local regulations and standards.

We have an impressive track record of successful coordination with Caltrans, the California Department of Fish and Game and the US Forest Wildlife Service, the Air Quality Management District (AQMD), and the Regional Water Quality Control Board (RWQCB) as well as most of the gas, electrical, telecommunications, and cable providers in the region.

APPROACH TO POTENTIAL SPECIAL ISSUES
Potential Special Issue/Risk
1) Traffic Control: Detours & Closures —
Traffic control is the biggest concern for public
safety when working on street improvement
projects. It may be that PCMS boards are faulty,
signs and delineators are moved, or the
Contractor slips out of compliance with the
approved TCP.
2) Hazardous Material: Handling and
Disposal - Often, it may be the case that an ADL
Report is not provided, bid items are unclear, or
plans and specifications do not match up.
3) Utility Relocations in Plans/Specs — Utility
relocations identified in the specifications with
language identifying working days durations.

However, for each of these relocations, the plans
show more work than the specifications.

BergCM Mitigation Approach
Part of the CM support team's task is to ensure all the signage is in place at all times and closely monitored
during the closures. Our team is available to the City
24/7 for calls, coordination and emergency traffic
control monitoring. We proactively monitor the site
to avoid issues, but things can always come up, which
is why we stay available with LOCAL staff.

Our team will conduct a review of the Environmental
Mitigation sheet and will identify all items known to
exist in the Project. Review of the levels and available handling requirements from the Specifications will
be identified for attention during the project. Our
team will track the issues and ensure hazardous
material plans will be identified in the Submittal Log
for submission and review.

A discrepancy between the plans and specs,
especially for utility work, opens an opportunity for
the Contractor claim a delay. BergCM will track of
Utility work schedules by preparing a utility matrix at the start of the project.

Coordination with Utility Companies
The BergCM team has exactly the experience,
proactive approach, and dedication needed to
address any utility construction requiredfor any
City projects. We have the experience working
directly with utilities companies to establish
relocation schedules, develop a plan, and
recommend language for additional sections for
the Special Provisions to address issues and
constraints. This represents a crucial part of the
Berg & Associates Inc.

Your Bridge to a Better Project
20 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
constructability review process. The BergCM team is familiar working with SCE, SCG, MWD, communication, and water companies. Nearly all of our project involve utility coordination or relocations. Most recently, we assisted the City of West Hollywood with SCE undergrounding.

Caltrans Oversight & Standards
Berg has been involved with Caltrans projects since the company was founded. We have held On -Call contracts with Caltrans District 7, managed projects in the Caltrans ROW, and coordinated with Caltrans for numerous projects that use LAPM and require Caltrans oversight. Our proposed PM/Sr. RE, Dave Smith, PE, QSD, managed the Raymond Avenue Grade Separation in Orange County which required coordination with Caltrans District 12. Dave is also currently coordinating with District 12 and the City of Santa Ana to relocate three water features under the SR -55 prior to the SR -55 widening. Our whole team is familiar with the Caltrans RE Manual, LAPM methods, and Caltrans Standard Plans and Standard Specifications.

Project Schedule
Our team maintains successful project schedules through planning and analysis. Our teams can conduct an in-depth constructability review and a subsequent assessment of the contractor's baseline schedule.

Depending on the order of operations, we can help with the bid process and give our recommendations for the bid package or, if the project is already out to bid, we can use our independent constructability review to establish milestones with the contractor during pre -construction meetings. Our team is accomplished at identifying potential delays and mitigating them before they occur such as long -lead items, TCEs, and permit dates. We establish a risk register that we prepare prior to construction and update throughout construction so that we can track potential risks and avoid claims.

Throughout the duration of the project, BergCM will review and approve the contractor's schedule using the Critical Path and Work Breakdown method. It is recommended that an approved monthly schedule or if necessary, a recovery schedule is required from the contractor in order for BergCM to authorize monthly payment applications to the City. During intensive times of the project construction, a two or three week lookahead schedule may be required to stay on top of all work components. The contractor's schedule should be loaded with submittal submission dates, in addition to the contractor providing a submittal list at the start of the project.

Project Budget
Typically, schedule will drive cost. Any re -do work wastes both time and money. Therefore, we will be diligent to complete tasks within the allotted and agreed time and budget. With the monthly schedule review, we will also monitor budget, planned vs. actuals, and provide cost forecasts. We will manage on - call as needed services and subconsultants judiciously by clearly identifying scope and apportioning task orders incrementally.

Berg & Associates Inc.

Your Bridge to a Better Project
21 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
G. SCOPE OF WORK
Collaborating with City staff to fully understand project needs, we are able to provide the right staff for the project. We ensure that contract compliance occurs throughout the project by becoming thoroughly familiar with the contract and providing recommendations before construction begins. We ensure that both the contractor and our team are in compliance throughout construction with our evaluation of project delivery through site visits, internal audits, and continual review of the contract documents.

Bid Analysis
We can attend the pre -bid meeting with interested contractors and work with your team to respond to inquiries that are submitted in writing and will ensure timely responses are issued via addendums prior to bid close. Berg can perform a bid evaluation which include a thorough bid comparison of each bid item submitted by every bidder vs. the engineer's estimate which enables us to quickly identify bid item(s) with a significant cost disparity. We can then zoom in on those as a team and root out any error before a contract with the successful low bidder is executed. Additionally, we carefully review the low bidder's entire bid submission and confirm that their license, insurance and bonding are present and in effect, check all references and carefully document the findings, in addition to checking off all the boxes that every form is completely and accurately submitted.

Pre -Construction Services
Once BergCM is selected for a project task order, we immediately set up project controls including online and fully accessible documentation portals and project logs, organized per City and Caltrans requirements in accordance with the LAPM.

Constructability Reviews If desired by the City in advance of project bidding, we can utilize our many experts to perform a thorough constructability review of the plans and specs with a set of fresh, well - trained eyes to spot any potential concerns that could lead to a project cost increase. We not only discover potential issues but work in tandem with your team to develop solutions while keeping our eye on the clock to put the project out to bid. There are a multitude of factors at play when looking for potential cost impacts, and we have decades of experience with discovering plan oversights, cost estimate concerns, missing clarifications in the general conditions and special provisions, and incorrect calendar days/project timeline estimation. All of these can impact the project bottom line cost, and for what you invest in Berg to perform constructability, the City will benefit many times over in problems averted.

Our detailed constructability review log is the basis we work from with your team to share items of concern, assigning responsibility and potential cost or time impact and we follow through with the team until all items of concern are addressed and agreed upon. Should we begin at a later stage, we will then set up risk management procedures including creating a risk register that will be our team's internal tracking tool for possible issues that may arise following bidding of the project.

Site Visits Prior to the contractor mobilizing on site, Berg will take both aerial photos by our drone pilots and ground photos by the Construction Manager to document the pre-existing conditions of the project, begin review of the first submittals including the contractor's safety program, establish labor compliance protocols.

Pre -Construction Meeting
After the contract has been executed with the successful low bidder by the City, BergCM will initiate the pre -construction meeting and will conduct it with all parties including City personnel, the contractor, designer, utilities, public safety agencies, transit services and stakeholders. We will request that the contractor submit their project Master Schedule in advance of this meeting for our review and anticipate establishing the Notice To Proceed with the team during the pre -construction meeting. We will review all Berg & Associates Inc.

Your Bridge to a Better Project
22 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
project scopes of work that affect the utility agencies and will address and resolve any potential conflicts, while maintaining communication with utility parties throughout the project to ensure their needs are addressed. Moving forward, BergCM will oversee bi-weekly meetings with the contractor and parties of interest, in addition to any necessary field meetings and will author and distribute meeting agendas and minutes.

General Construction Administration
BergCM routinely utilizes the Caltrans Local Assistance Procedures Manual directory for file classification and excel spreadsheets for logging project activity. The team has effectively used the following programs to maintain project files:
• Expedition
• Procore
• MS Project
• E2020
• Airtable & Dropbox
• Sharepoint
• Bluebeam
• OneDrive
Berg is adept at customizing forms and logs to provide an integrated searchable system for tracking, monitoring and communicating construction management activities and reports, project correspondence, project progress and expenditures.

Our construction managers and administrative staff will maintain daily job dairies, drawing logs, monthly reports, description of work completed, work forecast, cost forecast, and change orders completed and pending. They will provide a detailed daily report that includes a summary of daily activities, RFI responses, submittal reviews, work conducted, meetings conducted and/or coordinated and any other pertinent information of the day. They will track all correspondence during the course of project work, receive all project documents, and will "date stamp" confirmation of receipt. Recording the date received, transmitted, and returned is essential to good document management. All documents will be scanned, filed, and managed electronically.

Our weekly or monthly reports, depending on the scale of the project, will contain a construction progress status update to provide you with a management level overview of construction progress and issues. In each case, we address how we are proceeding to resolve issues. Weekly reports contain "look -ahead" schedules, list of meetings, a summary of work activities, and schedule updates from the week. These reports are very important for monitoring the contractor's schedule and having a detailed look into each week of the project including:
• Total workdays, weather and manpower statistics
• Status of potential changes and change orders
• Representative progress photos
Submittals & RFI Review/Processing
BergCM will review and facilitate approval of shop drawings by working with the appropriate design consultants, in addition to all material submittals. We review and respond to Requests For Information, and thoughtfully ensure that when RFI's lead to potential changes, they are justified, cost- and time - appropriate, and are answered promptly. We consult with City staff prior to authorizing any cost or time increase, with a thorough explanation as to the essential nature.

Change Order Review
A cost/price analysis will be developed and shared with the contractor after reviewing their cost proposal for the associated potential change. We work to engage the contractor into a discussion to negotiate a fair price so both parties can agree. It is important to prepare, negotiate, and process change orders in a time Berg & Associates Inc.

Your Bridge to a Better Project
23 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
frame that avoids delay and monetary impacts to the contractor. To manage timely execution of changes, we utilize our change management tracking log to follow a project change from its root document (RFI, design revision, or an unknown variable) to its ultimate result, whether that be a change order or another form of resolution. We strive to negotiate lump sum change orders with an agreement from the contractor that they will waive claims. Our Scheduler/Claims Support, Charlie Fornelli, will make recommendations on the pros and cons of paying a negotiated impact cost as a means of obtaining a waiver of claims.

Safety
Our inspectors monitor the project for safety concerns
every minute of the day, and will not let an unsafe
practice be continued. We review the contractor's health and safety plan for completeness and are always mindful of the public's safety by ensuring good housekeeping by the contractor.

Progress Payments
Project progress payments will be swiftly processed by
BergCM for submission to the City. Quantities and
percentages will be verified on site and BergCM may
require the contractor to adjust their percentage should our observations indicate to do so. Retention of 5% will be withheld with each progress payment and Berg will
advise the City if additional funds should be withheld, such as in the case of a discovered and documented labor compliance underpayment to workers. BergCM is motivated to expedite payment of contractor's invoices as this demonstrates our respect for the contractor's fluidity of operations and emphasizes a partnering spirit.

BergCM has hosted lunches with the
Contractor to reward safe working
conditions & practices.

Materials Testing
Our team is knowledgeable of the Materials Testing frequency required, types of tests required and the right time to schedule tests with our subcontractor, Ninyo & Moore. We will monitor the contractor's schedule to anticipate when such services will be needed. Our team will confirm that all test results are in compliance with the plans and specifications of the project and the results are subsequently filed and logged in the project record system.

Inspections
Once the construction begins, our inspectors are highly communicative, approachable yet firm, and bring watchful eyes during every hour the contractor is working. Our inspectors reflect their full daily observations in a timely manner in their detailed daily reports along with project photos. They are well versed on the projects plans and specifications, City standards and the Standard Specifications for Public Works Construction. Our inspectors do not direct the work, but they will call out an inappropriate construction activity per the plans and specs and will issue a Non -Compliance Report (NCR) which is logged and requires correction by the contractor. Inspectors will advise on field measurements and legitimacy for extra work/change orders, attend project meetings and will participate in final inspections and assist in generating the final punch list.

Berg & Associates Inc.

IN Your Bridge to a Better Project
24 PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
One particular activity that will be documented in the
inspection/photographic records is potholing. We
work closely with the Contractor to accurately record
the location and elevation of the existing utilities
(including any located by USA that may not be shown
on the plans).

Our seasoned inspectors ensure that traffic
control and parking restrictions are properly
carried out. They perform daily measurements of
the work performed by the contractor and subs,
which is documented in their daily reports and
utilized for review and approval of payment
applications. Our inspectors are trained in public
outreach management for all affected by the construction in order to keep them informed of construction activities in advance. Our inspectors are excellent listeners when approached by concerned citizens or the traveling public, and will elevate a concern when necessary, by taking the issue to the Resident Engineer who if deemed crucial, will consult with the City. We keep the public safe and their access prioritized while ensuring the contractor does not deviate from the approved schedule.

Pothole Data for PW 10-18 Cedar St
Sta
POC
MH
0+05
016
Utility
Water
Sewer
Gas
Tele
Tel
Size
Top/Bot Date
21"
36"
32"
29"-43"
Remarks
Gas service in CL abandoned??
Opened MH lid
2/6/2019
2/7/2019
2/7/2019
2/6/2019
3"
Multiple
Concrete en
We document details
of potholing activity
by maintaining a
Pothole Log, as
shown above. Each
line item is linked to
the associated photo
of the pothole.

Daily reports are one tool to make certain that all pertinent information is gathered, including:
• Climate conditions and their effect, if any, on work activities • Number of workers by trades and subcontractor, including shift work • Material and equipment
• Construction activities by trade and location
• Special inspections
• Deficient or repeated work
• Observations of work completed
• Interesting or unusual occurrences
• Any work -related, off -site activity
• Work -related discussions or correspondence
• Visitors to the site
In addition, we compile an extensive photographic record of the project —showing the existing condition of the area prior to the start of construction, regular project progress and the final as -built condition prior to covering up and at completion. We index photographs by date and by specific issue, as appropriate, for easy identification. We can provide videos, still photography and aerial drone shots. Progress and as -built photos will be regularly posted in Procore and can be accessed by City staff for reference throughout the course of the project.

Claims
We manage the claims avoidance process by monitoring contract changes and potential claims, processing and implementing all change orders, and making recommendations for actions to take regarding particular claims. Working with an approved realistic baseline schedule is important to mitigate delay claims. To avoid any public claim, such as a trip -and -fall, we verify the contractor is following its safety plan, we photographically document the field conditions frequently, and we ensure that there is a safe pedestrian access plan in place. This is specifically important within school zones. If a claim arises, we can easily research the conditions before and after an alleged incident. Similarly, it is important to have evidence of proper traffic control in place, should there be a vehicular incident.

Berg & Associates Inc.

IN Your Bridge to a Better Project
25 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
Prevailing Wage & Labor Compliance
BergCM is well -versed in State and Federal labor compliance regulations including prevailing wage requirements, use of apprentices and Davis -Bacon. We have a company history of managing public works projects that utilize Federal Aid, and we understand the requirements and regulations that apply to govern construction. We are deeply familiar with the Caltrans Local Assistance process and the Construction (RE) Manual, which we utilize on the majority of our projects, and are experienced with OCFCD encroachment permits.

Project Closeout
Project Closeout is continuously planned for throughout construction. As -Built drawings are compiled over the course of the work and reviewed, and documentation is maintained so that there are no loose threads at project completion. Berg will conduct the pre -final inspection with the team and will develop the punch list items for completion, oversee the commissioning of building systems, develop a list of operation and maintenance (O & M) manuals for correctness, and ensure that all warranty documents, O & M manuals, attic stock and keys are turned over to City staff.

Berg can conduct O & M training to City personnel; we find it is successful to make videos of this training for future ease of reference. Following completion of the work, Berg will focus on closeout of the contractor's final pay estimate and request for retention release, and will request/review/approve closeout certified payroll documentation. Berg will assist the City to compose and file the Notice of Completion which will be provided to the Contractor to enable them to close out their bonding and insurance for the project. Berg will prepare final reports, close out all unresolved issues, assist the City with Caltrans audit (if needed), furnish electronic files of As -Built drawings, in addition to an electronic project files to the City.

Community Outreach
As an additional service option, BergCM provides a turn -key, in- house public outreach services on federally -funded projects of similar size and nature to the City of Huntington Beach's project.

Our Public Outreach Manager, Jenelle Saunders, is the program manager for our public outreach services. Our outreach
professionals attend weekly progress meetings and coordinate with the CM and inspection staff to provide real-time and accurate schedules to the Public during construction. Some of the tools we implement to do this successfully include:
✓ Resident & Business
Construction Update
Meetings
Project Websites
Resident & Business
Contact Database
Aerial Progress Photos
24/7 Helpline
Outreach Tracking Logs
Construction Update
Flyers & Emails
Fact Sheets
Social Media Posts
✓
✓
✓
✓
✓
✓
`.1
;IP
BergCM's Public Outreach
Manager, Jenelle Saunders,
meeting with Inspection to
discuss pedestrian access &
upcoming activity on the high -
profile Melrose Avenue
Streetscape Project for City of
West Hollywood.

The QR Codes below will take you our
recent project websites for major
roadway improvements that have
similar significant public impact:

PCH AT HAWTHORNE

INTERSECTION

IMPROVEMENTS
City of Torrance

MELROSE AVENUE

STREETSCAPE

IMPROVEMENTS
City of West Hollywood

PROPOSAL
RFP No. PW-24-01 On -Call Construction Management &
Inspection Services for the City of Placentia
Federal Requirements
Berg routinely manages public works projects that utilize Federal Aid, and we understand the requirements and
regulations that apply in order to govern construction. We are very familiar with the Caltrans Local Assistance process and the Construction (RE) Manual, which we utilize on the majority of our projects.

We recently managed a CMAQ federally funded project for the City of Santa Monica's Bike Network Linkages to the Exposition Line and are currently managing the Metro Prop C grant for the City of West Hollywood's Melrose Avenue Streetscape project.

We understand how to meet grant requirements in a timely fashion to ensure the project is built and invoiced to grant specifications and will oversee any required audits. In our ten years as a Prime CM on the Alameda Corridor with both Dave Smith and Tom Berg as RE's, we facilitated the completion of nine different bridge projects, all federally funded and administered under the Caltrans Local Assistance Procedures.

Some of our standard operating procedures for administration of federally funded projects include:
• Working with Cities for accurate project pricing for
verification of funding and final E-76 for Federal
Authorization to proceed.
• Review approvals from CTC and ensure permits are in
place.
• Compliance with FARs in all indirect cost certifications, reviews, and rates.
• Compliance with Prevailing Wage requirements as
determined by the DIR.
• Utilization of Caltrans payment forms for the
construction contractor and compilation of back up
documentation to ensure progress payments are in
conformance with scope and finance letter.
• Working to meet milestones to achieve project
completion within the approved performance end date.
• Scoping, estimating, negotiating, and implementing
written changes, when necessary, within program
eligibility.

Full compliance with Chapter 16 of the Caltrans Local
Assistance Procedure Manual to include Weekly Statement of Working Days, Daily Reports by the Resident Engineer and Inspection staff, EEO Reports, tracking all submittals, changes and potential claims.

Filing of the Monthly Program Payments and Progress Reports.

Making sure all documentation is accurate, complete, and current for maximum funding reimbursement.

BERG FEDERALLY FUNDED &

LOCAL ASSISTANCE PROJECTS
(Partial List)
PCH at Hawthorne Blvd. Intersection
Improvement Project, City of Torrance
5R-55/Ritchey Street Water Improvement
Project, City of Santa Ana
Green Port Gateway Project (Track
Realignment at Ocean Blvd. and Pier F Support
Yard), POLB
Harry Bridges Street Improvements, POLA
Avenida Banderas Overcrossing, City of
Rancho Santa Margarita
El Toro Creek Crossing, County of Orange
Limonite Grade Separation, RCTC
Lincoln Ave Overcrossing, City of Corona
Lakeshore Drive, Lake Elsinore
Seaside Avenue/Ocean Blvd., POLB
Madera Rd. Overcrossing, City of Simi Valley
Union Ave. Overcrossing, City of Bakersfield
Chester Ave. Undercrossing, City of Bakersfield
I/10 Riverside Avenue Interchange, SBCTA
SR 60/HOV Lane Construction and Bridge
Widenings of 5 interchanges, RCTC
Portola Bridge, City of Palm Desert
Washington Street Bridge Widening over
Whitewater Wash, City of La Quinta
Gilbert Avenue Undercrossing, City of
Fullerton
Alameda Corridor Transportation Authority
(ACTA) projects:
• Dominguez Channel Overcrossing
• Compton Creek Bridge
• Alameda Corridor Overcrossing
• Dominguez Channel Filler Bridge
LANI Parks and Pocket Parks, Los Angeles
Antelope Rd. Safety Median, City of Menifee
Berg & Associates Inc.

Your Bridge to a Better Project
27 RFP No. PW-24-01 On -Call Construction Management &
PROPOSAL Inspection Services for the City of Placentia
H. SCHEDULE.
`(UORKPLAN EXAMP.&OF SEWER REHABILITATION INSPECTIO
Inspecting a sewer rehabilitation construction project involves a range of tasks to ensure that the project is executed properly and meets the required standards. Here are some of the key tasks involved in inspecting a sewer rehabilitation construction project, from pre -construction through close-out:

1. Review project plans and specifications: Start by thoroughly reviewing the project plans and specifications to understand the scope of work, design requirements, and any specific instructions or guidelines provided by the engineer or designer.

2. Pre -construction meeting: Attend a pre -construction meeting with the contractor, engineer, and other relevant stakeholders. Discuss the project schedule, construction methods, safety procedures, and any specific concerns or requirements.

3. Site visits and monitoring: Regularly visit the construction site to monitor the progress and quality of work. Inspect the excavation, pipe installation, and rehabilitation techniques to ensure compliance with the approved plans and specifications. Keep a record of site observations, including photographs and notes.

4. Material inspections: Verify that the materials used for sewer rehabilitation, such as pipes, fittings, grouts, and liners, meet the required standards and specifications. Check for proper storage, handling, and installation of materials to ensure their integrity and performance.

5. Testing and quality control: Oversee and conduct various tests as required to ensure the quality of work.

This may include pressure testing of pipelines, infiltration and exfiltration testing, structural integrity testing, and flow monitoring. Evaluate the test results and compare them against the project requirements.

6. Safety inspections: Regularly inspect the construction site to ensure compliance with safety regulations and procedures. Check for the presence of safety equipment, proper signage, barricades, and measures to protect workers and the public. Address any safety issues promptly.

7. Documentation and reporting: Maintain detailed documentation of inspections, including observations, test results, deviations from plans, and any corrective actions taken. Prepare reports summarizing the progress and quality of work, noting any non-compliance or deficiencies. Communicate the findings to the relevant parties, including the contractor, engineer, and project owner.

8. Problem identification and resolution: Identify any issues or challenges that arise during the construction process, such as design conflicts, unforeseen site conditions, or construction errors. Work with the contractor and engineer to find appropriate solutions and ensure that necessary adjustments are made to maintain project quality and compliance.

9. Change order management: Review and evaluate change orders proposed by the contractor, assessing their impact on the project scope, cost, and schedule. Ensure that change orders are properly documented, reviewed, and approved before implementation.

10. Final inspection and closeout: Conduct a final inspection to verify that all work has been completed according to the approved plans and specifications. Address any remaining punch -list items or outstanding deficiencies. Prepare a final inspection report and ensure that all required documentation, including as -built drawings, record drawings, and warranties, are obtained and submitted.

Berg & Associates Inc.

IN Your Bridge to a Better Project
28 APPENDIX B

SUMMARY SHEET
Firm Name: Berg & Associates, Inc.

Firm Parent or Ownership: Corporation
Firm Address: 302 W. 5th Street, Suite 210, San Pedro, CA 90731 Firm Telephone Number: (310) 548-9292
Firm Fax Number: (310) 548-9195
Number of years in existence: 44 years
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):

Name: Alicia Berg Title: VP/Director of Development
Telephone Number: (310) 548-9292
Email: [email protected]
Fax: (310) 548-9195
Project Manager (Person responsible for day-to-day servicing of the account):

Name: David Smith, PE Title: Project Manager/Resident Engineer Telephone Number: (909) 215-2698
Email: [email protected]
Fax: (310) 548-9195
Types of services provided by the firm: Project & Construction Management, Inspection, Contract Administration, Office Engineer, Document Control, Claims Support, Community Outreach.

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: Berg & Associates, Inc.

By: ' -) c-
(Authorized Signature)
Type Name: Deborah Berg
Title: President
Date: January 30, 2024

Berg & Associates Inc.

Dear Mr. Tanio,
Please see attached our pricing proposal for providing personnel to the City of Placentia for On -Call Construction Management and Inspection Services for the specified contract duration of three years, 2024-2027. Also included our fee schedules for our subconsultant, Ninyo & Moore.

Please know that rates are fully negotiable as needed.

Should you have any questions, please don't hesitate to contact me at (310) 548-9292 or (310) 739-5710 or [email protected].

Sincerely,
Deborah Berg, MPA
President
Attachments: One (1) Pricing Proposal
302 West 5t" Street, Suite 210 • San Pedro, CA 90731 • Phone (310) 548-9292 • Fax (310) 548-9195

Firm: Berg & Associates, Inc.

January 30, 2024

PRICING PROPOSAL
Hourly Rate Schedule
City of Placentia On -Call CM & Inspection Services
Jan 30, 2024 -Jan 30, 2027
Berg & Associates Inc.

A,�
�1
CI . ssific. ti n
i
2•24-2•25
�2•25-2•2.
2026-2027
CM & Inspection Positions
Overtime Rate
Regular Rate $/hr $/hr
Overtime Rate
Regular Rate $/hr $/hr
Regular Rate
$/hr
Overtime Rate
$/hr
Project Manager
$
234.18
$ -
$
241.21
$ -
$ 248.45
$ -
Resident Engineer
$
218.92
$ -
$
225.49
$ -
$ 232.26
$ -
Senior Construction Manager
$
197.99
$ -
$
203.93
$ -
$ 210.05
$ -
Scheduler
$
175.15
$ -
$
180.41
$ -
$ 185.82
$ -
Construction Manager
$
168.00
$ -
$
173.04
$ -
$ 178.24
$ -
Lead Inspector
$
175.76
$ 210.49
$
181.03
$ 216.81
$ 186.46
$ 223.31
OT
$
210.49
$ -
$
216.81
$ -
$ 223.31
$ -
Contract Admin
$
142.38
$ -
$
146.65
$ -
$ 151.05
$ -
Asst CM
$
158.99
$ -
$
163.76
$ -
$ 168.68
$ -
Office Engineer
$
156.33
$ -
$
161.02
$ -
$ 165.85
$ -
Civil Inspector
$
141.27
$ 169.18
$
145.50
$ 174.26
$ 149.87
$ 179.49
OT
$
169.18
$ -
$
174.26
$ -
$ 179.49
$ -
Public Outreach
$
128.14
$ -
$
131.98
$ -
$ 135.94
$ -
Public Outreach Assistant
$

97.28 $ -
$
100.20
$ -
$ 103.20
$ -
Document Control
$

85.43 $ -
$

87.99 $ -
$ 90.63
$ -
Reimbursable Expense
Cost
Unit
Printing Large Scale plans (24x36)
$

5.00 /sheet
Office supplies/consumbales
at cost
/item
Vehicles (Field Personnel and Inspectc
$

5.75 /hour
NOTES:

An audited overhead of 130% and a fee of 10% is used to calcualted fully -burdened rates.

Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist Senior Engineer/Geologist/Environmental Scientist
Senior Project Engineer/Geologist/Environmental Scientist Project Engineer/Geologist/Environmental Scientist
Senior Staff Engineer/Geologist/Environmental Scientist Staff Engineer/Geologist/Environmental Scientist
GIS Analyst
Technical Illustrator/CAD Operator
Field Staff
Certified Asbestos/Lead Technician
Field Operations Manager
Nondestructive Examination Technician (UT, MT, LP)
Supervisory Technician
Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) Senior Technician
Technician
Administrative Staff
Information Specialist
Geotechnical/Environmental/Laboratory Assistant
Data Processor
$
250
235
220
210
200
180
160
140
220
150
145
140
135
135
130
$ 120
$ 120
$ 95
Other Charges
Concrete Coring Equipment (includes technician)
Anchor Load Test Equipment (includes technician)
GPR Equipment
Inclinometer
Hand Auger Equipment
Rebar Locator (Pachometer)
Vapor Emission Kit
Field Equipment
X -Ray Fluorescence

PID/FID
Air Sampling Pump
Field Vehicle
Expert Witness Testimony
Direct Expenses
Special equipment charges will be provided upon request. $ 190/hr
$ 190/hr
$ 180/hr
$ 100/hr
$ 80/hr
$ 25/hr
$ 65/kit
$ 12/hr
$ 70/hr
$ 25/hr
$ 10/hr
$ 15/hr
$ 450/hr
Cost plus 15 %
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Field technician and special inspection hours are charged at a 4 -hour minimum, and 8 -hour minimum for hours exceeding 4 hours.

Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

Ninyo & Moore I City of Placentia, On -Call CM and Inspection Serivces 1 04-04380. I January 17, 2024 CA1 6

Schedule of Fees for Laboratory Testing
SOILS
Atterberg Limits, D 4318, CT 204
Califomia Bearing Ratio (CBR), D 1883
Chloride and Sulfate Content, CT 417 & CT 422
Consolidation, D 2435, CT 219
Consolidation, Hydro -Collapse only, D 2435
Consolidation — Time Rate, D 2435, CT 219
Direct Shear — Remolded, D 3080
Direct Shear— Undisturbed, D 3080
Durability Index, CT 229
Expansion Index, D 4829, IBC 18-3
Expansion Potential (Method A), D 4546
Geofabric Tensile and Elongation Test, D 4632 $ 200
Hydraulic Conductivity, D 5084 $ 350
Hydrometer Analysis, D 6913, CT 203 $ 220
Moisture, Ash, & Organic Matter of Peat/Organic Soils $ 120 Moisture Only, D 2216, CT 226 $ 35
Moisture and Density, D 2937 $ 45
Permeability, CH, D 2434, CT 220 $ 300
pH and Resistivity, CT 643 $ 175
Proctor Density D1557, D 698, CT 216, AASHTO T-180 $ 220 Proctor Density with Rock Correction D 1557 $ 340
R -value, D 2844, CT 301 $ 375
Sand Equivalent, D 2419, CT 217 $ 125
Sieve Analysis, D 6913, CT 202 $ 145
Sieve Analysis, 200 Wash, D 1140, CT 202 $ 100
Specific Gravity, D 854 $ 125
Thermal Resistivity (ASTM 5334, IEEE 442) $ 925
Triaxial Shear, C.D, D 4767, T 297 $ 550
Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt $ 450 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt $ 350 Triaxial Shear, U.U., D 2850 $ 250
Unconfined Compression, D 2166, T 208 $ 180
$ 170
$ 550
$ 175
$ 300
$ 150
$ 200
$ 350
$ 300
$ 175
$ 190
$ 170

MASONRY
Brick Absorption, 24 -hour submersion, 5 -hr boiling, 7 -day, C 67 $ 70 Brick Compression Test, C 67 $ 55
Brick Efflorescence, C 67 $ 55
Brick Modulus of Rupture, C 67 $ 50
Brick Moisture as received, C 67 $ 45
Brick Saturation Coefficient, C 67 $ 60
Concrete Block Compression Test, 8x8x16, C 140 $ 70
Concrete Block Conformance Package, C 90 $ 500
Concrete Block Linear Shrinkage, C 426 $ 200
Concrete Block Unit Weight and Absorption, C 140 $ 70
Cores, Compression or Shear Bond, CA Code $ 70
Masonry Grout, 3x3x6 prism compression, C 39 $ 45
Masonry Mortar, 2x2 cube compression, C 109 $ 35
Masonry Prism, half size, compression, C 1019 $ 120
Masonry Prism, Full size, compression, C 1019 $ 200

REINFORCING AND STRUCTURAL STEEL
Chemical Analysis, A 36, A 615 $ 135
Fireproofing Density Test, UBC 7-6 $ 90
Hardness Test, Rockwell, A 370 $ 80
High Strength Bolt, Nut & Washer Conformance,
per assembly, A 325 $ 150
Mechanically Spliced Reinforcing Tensile Test, ACI $ 175 Pre -Stress Strand (7 wire), A 416 $ 170
Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 $ 90 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI $ 80

CONCRETE
Compression Tests, 6x12 Cylinder, C 39 $ 35
Concrete Mix Design Review, Job Spec $ 300
Concrete Mix Design, per Trial Batch, 6 cylinder, ACI $ 850 Concrete Cores, Compression (excludes sampling), C 42 $ 120 Drying Shrinkage, C 157 $ 400
Flexural Test, C 78 $ 85
Flexural Test, C 293 $ 85
Flexural Test, CT 523 $ 95
Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI $ 275 Lightweight Concrete Fill, Compression, C 495 $ 80
Petrographic Analysis, C 856 $ 2,000
Restrained Expansion of Shrinkage Compensation $ 450
Splitting Tensile Strength, C 496 $ 100
3x6 Grout, (CLSM), C 39 $ 55
2x2x2 Non -Shrink Grout, C 109 $ 55

ASPHALT
Air Voids, T 269 $ 85
Asphalt Mix Design, Caltrans (incl. Aggregate Quality) $ 4,500 Asphalt Mix Design Review, Job Spec $ 180
Dust Proportioning, CT LP -4 $ 85
Extraction, % Asphalt, including Gradation, D 2172, CT 382 $ 250 Extraction, % Asphalt without Gradation, D 2172, CT 382 $ 150 Film Stripping, CT 302 $ 120
Hveem Stability and Unit Weight D 1560, T 246, CT 366 $ 225 Marshall Stability, Flow and Unit Weight, T 245 $ 240
Maximum Theoretical Unit Weight, D 2041, CT 309 $ 150
Moisture Content, CT 370 $ 95
Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 $ 1,000 Slurry Wet Track Abrasion, D 3910 $ 150
Superpave, Asphalt Mix Verification (incl. Aggregate Quality) $ 4,900 Superpave, Gyratory Unit Wt., T 312 $ 100
Superpave, Hamburg Wheel, 20,000 passes, T 324 $ 1,000
Unit Weight sample or core, D 2726, CT 308 $ 100
Voids in Mineral Aggregate, (VMA) CT LP -2 $ 90
Voids filled with Asphalt, (VFA) CT LP -3 $ 90
Wax Density, D 1188 $ 140

AGGREGATES
Clay Lumps and Friable Particles, C 142 $ 180
Cleanness Value, CT 227 $ 180
Crushed Particles, CT 205 $ 175
Durability, Coarse or Fine, CT 229 $ 205
Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 $ 180 Flat and Elongated Particle, D 4791 $ 220
Lightweight Particles, C 123 $ 180
Los Angeles Abrasion, C 131 or C 535 $ 200
Material Finer than No. 200 Sieve by Washing, C 117 $ 90 Organic Impurities, C 40 $ 90
Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 $ 1,250 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 $ 950 Potential Reactivity of Aggregate (Chemical Method), C 289 $ 475 Sand Equivalent, T 176, CT 217 $ 125
Sieve Analysis, Coarse Aggregate, T 27, C 136 $ 120
Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 $ 145 Sodium Sulfate Soundness, C 88 $ 450
Specific Gravity and Absorption, Coarse, C 127, CT 206 $ 115 Specific Gravity and Absorption, Fine, C 128, CT 207 $ 175

ROOFING
Roofing Tile Absorption, (set of 5), C 67 $ 250
Roofing Tile Strength Test, (set of 5), C 67 $ 250
Special preparation of standard test specimens will be charged at the technician's hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

Ninyo & Moore 12021 Laboratory Testing

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
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Date Issued: JANUARY 9, 2024

Page 1 of 35 ends

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

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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.

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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.olanetbids.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.

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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.

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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.

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• 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

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• 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

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• 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.

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• 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

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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)

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• 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

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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.

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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

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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

Page 15 of 35 ends

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.

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.

Page 16 of 35 ends

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 C1 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)

Page 17 of 35 ends

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.

Page 18 of 35 ends

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

1.2. 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.

1.7. 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.

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).

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".

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.

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:

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.

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

IF TO CONSULTANT: IF TO CITY:

City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: Tel:

Fax: Fax:

Attn: Attn:

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.

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.

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.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

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.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation
Date:

City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia

CONSULTANT
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

Date:

City Attorney
APPROVED AS TO INSURANCE:

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

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.

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
Berg & Associates, Inc.

ACORO° CERTIFICATE OF LIABILITY INSURANCE
1/4....------

DATE (MM/DD/YYYY)
03/05/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER 951-656-2409 951-281-3900
McCarry Insurance Services Lic. 0D20867
Van Buren Blvd.

Ste. F3-142
Riverside, CA 92508
CONTACT Patrick McCarry
(A/C.rio.Ext):951-656-2409 FAX
(A/C, No): 951-281-3900
E -M19510
ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Evanston Insurance Company
35378
INSURED 310-548-9292 310-548-9195
Berg & Associates, Inc.
302 W. 5th Street, Suite 210
San Pedro, CA 90731
INSURER B: Security National Insurance Company
19879
INSURER C: Capitol Specialty Insurance Corp.
10328
INSURER D : StarStone National Insurance Co.
25496
INSURERE: U.S. Specialty Insurance Company
29599
INSURER F :

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER: 03

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 L

TYPE OF INSURANCE
ADDL
N$

SUBR VD

POLICY NUMBER

POLICY EFF
(MM/DDIYYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
A

GENERAL
✓

LIABILITY

COMMERCIAL GENERAL LIABILITY
2AA401501
03/01/2024
03/01/2025

EACH OCCURRENCE
$ 1 ,000,000
PREMISESO(Ea occur ence)
$ 100,000

CLAIMS -MADE
✓
OCCUR
MED EXP (Any one person)
$ 5,000

PERSONAL & ADV INJURY
$ 1,000,000

GENERAL AGGREGATE
$ 2,000,000

GEN'L AGGREGATE

I/ POLICY

LIMIT APPLIES
PRO
JECT
PER:

LOC

PRODUCTS - COMP/OP AGG
$ 1 ,000,000
$
B

AUTOMOBILE
✓

LIABILITY

ANY AUTO

ALL OWNED
AUTOS

HIRED AUTOS

SCHEDULED
AUTOS

NON -OWNED
AUTOS
SPP 1808450-01
03/01/2024
03/01/2025
(EaaccdentOMBINED SINGLE LIMIT
$ 1,000,000
$
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
Medical
$ 5,000
C
i/

UMBRELLA LIAB

EXCESS LIAB
V
OCCUR

CLAIMS -MADE
XS23024840
03/31/2023
03-31-2024

EACH OCCURRENCE
$ 4,000,000

AGGREGATE
$ 4,000,000
DED
RETENTION $
$
D

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED? ANY ECUTIVE
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
NIA
T 10241022
03/01/2024
03/01/2025
✓

TOIVLAMIT-S
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1 ,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
E
Professional Liability
USS 24 34538
03/01/2024
03/01/2025
Liability each claim: $1,000,000
Aggregate: $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more space is required)

CERTIFICATE HOLDER

CANCELLATION
City o- P acentia
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.

The ACORD name and logo are registered marks of ACORD

POLICY NUMBER: SPP 1808450-01 COMMERCIAL AUTO
CA990187 0715
This Endorsement Changes The Policy. Please Read It Carefully

BUSINESS AUTO COVERAGE EXPANSION

ENDORSEMENT
This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement,
unless modified by the endorsement.

A. Newly Acquired or Formed
Organizations, Employee Hired Car
Liability and Blanket Additional Insured
Status for Certain Entities.

Item 1. Who is an Insured of Paragraph A.

Coverage under SECTION II - COVERED
AUTOS LIABILITY COVERAGE is
amended to add:
d. Any organization you newly acquire or
form, other than a partnership, joint
venture or limited liability company, and
over which you maintain ownership of a
majority interest (greater than 50%), will
qualify as a Named Insured; however,
(1) 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;
(2) coverage does not apply to "bodily
injury", "property damage" or
"covered pollution cost or expense"
that results from an "accident" which
occurred before you acquired or
formed the organization; and
coverage does not apply if there is
other similar insurance available to
that organization, or if similar
insurance would have been
available but for its termination or
the exhaustion of its limits of
insurance.

This insurance does not apply if
coverage for the newly acquired or
formed organization is excluded either
by the provisions of this coverage form
or by endorsement.
(3)
the provisions of the COVERAGE FORM apply
e. An "employee" of yours is an "insured"
while operating an "auto" hired or rented
under a contract or agreement in that
"employee's" name, with your
permission, while performing duties
related to the conduct of your business.
f. Any person or organization you are
required by written contract or
agreement to name as an additional
"insured", but only with respect to
liability created in whole or in part by
such agreement.

B. Increase Of Loss Earnings Payment
Subpart (4) of a. Supplementary Payments
of Item 2. Coverage Extensions of
Paragraph A. Coverage under SECTION II
- COVERED AUTOS LIABILITY
COVERAGE is amended to read:
(4) We will pay reasonable expenses
incurred by the "insured" at our
request, including actual loss of
earnings up to $1,000 per day
because of time off from work.

C. Fellow Employee Injured By Covered
Auto You Own Or Hire
Item 5. Fellow Employee of Paragraph B.

Exclusions under SECTION II - COVERED
AUTOS LIABILITY COVERAGE is
amended to add:

This exclusion does not apply if the "bodily
injury" results from the use of a covered
"auto" you own or hire. Such coverage as
is afforded by this provision is excess over
any other collectible insurance.

CA990187 0715
Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission

D. Limited Automatic Towing Coverage
Item 2. Towing, of Paragraph A. Coverage,
under SECTION III - PHYSICAL DAMAGE
COVERAGE is amended to read:

2. Towing
We will pay for towing and labor costs
each time that a covered "auto" is
disabled. All labor must be performed at
the place of disablement of the covered
"auto".
a. The limit for towing and labor for
each disablement is $500;
b. No deductible applies to this cover-
age.

E. Item 3. Glass Breakage — Hitting A Bird
Or Animal — Falling Objects or Missiles of
Paragraph A. Coverage under SECTION III
- PHYSICAL DAMAGE COVERAGE, is
amended to add:

Glass Repair Coverage
We will waive the Comprehensive
deductible for Glass, if one is indicated on
your covered "auto", for glass repairs. We
will repair at no cost to you, any glass that
can be repaired without replacement,
provided the "loss" arises from a covered
Comprehensive "loss" to your "auto".

F. Increase Of Transportation Expense
Coverage
Subpart a. Transportation Expenses of
Item 4. Coverage Extensions of Paragraph
A. Coverage under SECTION III -
PHYSICAL DAMAGE COVERAGE is
amended to read:
a. Transportation Expenses
We will pay up to $50 per day to a
maximum of $1,000 for temporary
transportation expense incurred by you
because of the total theft of a covered
"auto" of the private passenger type.

We will pay only for those covered
"autos" for which you carry either
Comprehensive or Specified Causes of
Loss Coverage or Theft Coverage. We
will pay for temporary transportation
expenses incurred during the period
beginning 48 hours after the theft and
ending, regardless of the policy's
expiration, when the covered "auto" is
returned to use or we pay for its "loss".

G. "Personal Effects" Coverage
Item 4. Coverage Extensions of Paragraph
A. Coverage, under SECTION III -
PHYSICAL DAMAGE COVERAGE, is
amended to add:
"Personal Effects" Coverage
We will pay actual cash value for "loss" to
"personal effects" of the "insured" while in
a covered "auto" subject to a maximum
limit of $2,500 per "loss", for that covered
"auto" caused by the same "accident". No
deductible will apply to this coverage.

H. "Downtime Loss" Coverage
Item 4. Coverage Extensions, of
Paragraph A. Coverage, under SECTION
III. PHYSICAL DAMAGE COVERAGE, is
amended to add:
"Downtime Loss" Coverage
We will pay any resulting "downtime loss"
expenses you sustain as a result of a
covered physical damage "loss" to a
covered "auto" up to a maximum of $100
per day, for a maximum of 30 days for the
same physical damage "loss", subject to
the following conditions:
a. We will provide "downtime loss" beginning
on the 5th day after we have given you
our agreement to pay for repairs to a
covered "auto" and you have given the
repair facility your authorization to make
repairs;
b. Coverage for "downtime loss" expenses
will end when any of the following occur:
(1) You have a spare or reserve "auto"
available to you to continue your
operations.
(2) You purchase a replacement "auto".
(3)
Repairs to your covered "auto" have
been completed by the repair facility
and they determine the covered
"auto" is road -worthy.
(4) You reach the 30 day maximum
coverage.

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I. Item 4. Coverage Extensions, of
Paragraph A. Coverage, under SECTION
III. PHYSICAL DAMAGE COVERAGE, is
amended to add:

We will pay any resulting rental
reimbursement expenses incurred by you for
a rental of an "auto" because of "loss" to a
covered "auto" up to a maximum of $100 per
day, for a maximum of 30 days for the same
physical damage "loss", subject to the
following conditions:
a. We will provide rental reimbursement
incurred during the policy period
beginning 24 hours after the "loss" and
ending, regardless of the policy
expiration, with the number of days
reasonably required to repair or replace
the covered "auto". If the "loss" is
caused by theft, this number of days is
the number of days it takes to locate the
covered "auto" and return it to you or the
number of days it takes for the claim to
be settled, whichever comes first.
b. Our payment is limited to necessary and
actual expenses incurred.
c. This coverage does not apply while
there are spare or reserve "autos"
available to you for your operations.
d. If a "loss" results from the total theft of a
covered "auto" of the private passenger
type, we will pay under this coverage
only that amount of your rental
reimbursement expenses which is not
already provided for under the Physical
Damage Coverage Extension.

J. "Personal Effects" Exclusion
Paragraph B. Exclusions under SECTION
III - PHYSICAL DAMAGE COVERAGE, is
amended to add:
"Personal Effects" Exclusion
We will not pay for "loss" to "personal
effects" of any of the following:
a. Accounts, bills, currency, deeds,
evidence of debt, money, notes,
securities or commercial paper or
other documents of value.
b. Bullion, gold, silver, platinum, or other
precious alloys or metals; furs or fur
garments; jewelry; watches; precious
or semi-precious stones.
c. Paintings, statuary and other works of
art.
d. Contraband or property in the course
of illegal transportation or trade.
e. "Loss" caused by theft, unless there is
evidence of forced entry into the
covered "auto" and a police report is
filed.

K. Accidental Airbag Discharge Coverage
Item 3.a. of Paragraph B. Exclusions under

SECTION III - PHYSICAL DAMAGE
COVERAGE is amended to read:
a. Wear and tear, freezing, mechanical
or electrical breakdown. The
exclusion relating to mechanical
break -down does not apply to the
accidental discharge of an air bag.

L. Loan or Lease Gap Coverage
Paragraph C. Limit Of Insurance under

SECTION III - PHYSICAL DAMAGE
COVERAGE is amended to add:

If a covered "auto" is owned or leased and
if we provide Physical Damage Coverage
on it, we will pay, in the event of a covered
total "loss", any unpaid amount due on the
lease or loan for a covered "auto", less:
a. The amount paid under the Physical
Damage Coverage Section of the
policy; and
b. Any:
(1) Overdue lease or loan
payments including penalties,
interest or other charges
resulting from overdue
payments at the time of the
"loss";
(2) Financial penalties imposed
under a lease for excessive use,
abnormal wear and tear or high
mileage;
Costs for extended warranties,
Credit Life Insurance, Health,
Accident or Disability Insurance
purchased with the loan or
lease;
(4) Security deposits not refunded
by the lessor; and
Carry-over balances from
previous loans or leases
(3)
(5)
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M. Aggregate Deductible
Paragraph D. Deductible under SECTION
III - PHYSICAL DAMAGE COVERAGE is
amended to add:

Regardless of the number of covered
"autos" involved in the same "loss", only
one deductible will apply to that "loss". If
the deductible amounts vary by "autos",
then only the highest applicable deductible
will apply to that "loss".

N. Diminishing Deductible
Paragraph D. Deductible under SECTION
III - PHYSICAL DAMAGE COVERAGE is
amended to add:

Any deductible will be reduced by the
percentage indicated below on the first
"loss" reported during the corresponding
policy period:

Loss Free Policy Periods
With the Expansion
Endorsement
Deductible
Reduction on the
first "loss"
1 0%
2 25%
3 50%
4 75%
5 100%
If we pay a Physical Damage "loss" during
the policy period under any BUSINESS
AUTO COVERAGE FORM you have with
us, your deductible stated in the
Declarations page of each such
COVERAGE FORM will not be reduced on
any subsequent claims during the remainder
of your policy period and your deductible
reduction will revert back to 0% for each
such COVERAGE FORM if coverage is
renewed.

O. Knowledge of Loss and Notice To Us
Subsection a. of Item 2. Duties In the Event
of Accident, Claim, Suit or Loss of
Paragraph A. Loss Conditions under

SECTION IV -- BUSINESS AUTO
CONDITIONS is amended to add:

However, prompt notice of the "accident",
claim, "suit" or "loss" to us or our
authorized representative only applies
after the "accident", claim, "suit" or "loss" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) An "executive officer" or director, if
you are a corporation;
(4) A manager or member, if you are a
limited liability company;
(5) Your insurance manager; or
(6) Your legal representative.

P. Waiver Of Subrogation For Auto Liability
Losses Assumed Under Insured Contract
Item 5. Transfer Of Rights Of Recovery
Against Others To Us of Paragraph A.

Loss Conditions under SECTION IV -
BUSINESS AUTO CONDITIONS is
amended to read:

5. Transfer of Rights of Recovery
Against Others To Us
If any person or organization to or for
whom we make payments under this
Coverage Form has rights to recover
damages from another, those rights are
transferred to us. That person or
organization must do everything
necessary to secure our rights and must
do nothing after an "accident" or "loss"
to impair them. However, if the insured
has waived those rights to recover
through a written contract, we will waive
any right to recovery we may have
under this Coverage Form.

Q. Insurance is Primary and
Noncontributory
Subpart a. of Item 5. Other Insurance of
Paragraph B. General Conditions under

SECTION IV - BUSINESS AUTO
CONDITIONS is amended to read:
a. This insurance is primary and
noncontributory, as respects any other
insurance, if required in a written
contract with you.

R. Other Insurance — Hired Auto Physical
Damage
Subpart b. of Item 5..Other Insurance of
Paragraph B. General Conditions under

SECTION IV - BUSINESS AUTO
CONDITIONS is amended to read:
b. For Hired Auto Physical Damage
Coverage, the following are deemed
to be covered "autos" you own:
(1) Any covered "auto" you lease,
hire, rent or borrow; and
CA990187 0715
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(2) Any covered "auto" hired or rented
by your "employee" under a
contract in that individual
"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".

S. Unintentional Failure To Disclose
Hazards
Paragraph B. General Conditions under

SECTION IV - BUSINESS AUTO CONDI-
TIONS is amended to add:

9. Your failure to disclose all hazards
existing as of the inception date of this
policy shall not prejudice the coverage
afforded by this policy, provided that
such failure to disclose all hazards is not
intentional. However, you must report
such previously undisclosed hazards to
us as soon as practicable after its
discovery.

T. Additional Definition
SECTION V - DEFINITIONS is amended to
add:
"Personal effects" means personal
property owned by the "insured".
"Downtime loss" means actual loss of
"business income" for the period of time
that a covered "auto":

1. Is out of service for repair or
replacement as a result of a covered
physical damage "loss" and

2. Is in the custody of a repair facility if
not a total "loss".
"Business Income" means:

1. Net Income (Net Profit or Loss
before income taxes) that would
have been earned or incurred; and

2. Continuing normal operating
expenses incurred, including payroll.

In this endorsement, Headings and Titles
are inserted solely for the convenience and
ease of reference. They do not affect the
coverage provided by this endorsement,
nor do they constitute any part of the terms
and conditions of this endorsement. All
other policy wording not specifically
changed, modified, or replaced by this
endorsement wording remains in effect.

CA990187 0715
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Page 5 of 5 ends

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be '% of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description

WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO

OBTAIN THIS AGREEMENT FROM US, PROVIDED THE

CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE

SHALL THE PROVISIONS AFFORDED BY THIS

ENDORSEMENT BENEFIT ANY COMPANY OPERATING
AIRCRAFT FOR HIRE.
*The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/01/24 Policy No. T10241022
Insured Berg & Associates Inc
Insurance Company StarStone Naional Insurance Company
Countersigned By
WC 04 03 06
(Ed. 04-84)
©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.

Endorsement No. 12
Policy Effective Date 03/01/24

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

POLICY NUMBER: SPP 1808450-00 COMMERCIAL AUTO
CA990187 0715
This Endorsement Changes The Policy. Please Read It Carefully

BUSINESS AUTO COVERAGE EXPANSION

ENDORSEMENT
This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement,
unless modified by the endorsement.

A. Newly Acquired or Formed
Organizations, Employee Hired Car
Liability and Blanket Additional Insured
Status for Certain Entities.

Item 1. Who is an Insured of Paragraph A.

This insurance does not apply if
coverage for the newly acquired or
formed organization is excluded either
by the provisions of this coverage form
or by endorsement.
(3)
the
B.
provisions of the COVERAGE FORM apply
e. An "employee" of yours is an "insured"
while operating an "auto" hired or rented
under a contract or agreement in that
"employee's" name, with your
permission, while performing duties
related to the conduct of your business.
f. Any person or organization you are
required by written contract or
agreement to name as an additional
"insured", but only with respect to
liability created in whole or in part by
such agreement.

Increase Of Loss Earnings Payment
Subpart (4) of a. Supplementary Payments
of Item 2. Coverage Extensions of
Paragraph A. Coverage under SECTION II
- COVERED AUTOS LIABILITY
COVERAGE is amended to read:
(4) We will pay reasonable expenses
incurred by the "insured" at our
request, including actual loss of
earnings up to $1,000 per day
because of time off from work.