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ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO AND
ONWARD ENGINEERING
THIS ON CALL PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 12th day of April, 2022, by and between the City of Rialto, a municipal corporation and California general law city (“City”), and Onward Engineering, a California corporation, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.
RECITALS
A. City has sought, by request for qualifications the performance of the services defined and described particularly in Section 1 of this Agreement.
B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant was selected by the City to be eligible to perform those services as needed and requested by the City.
C. During the Term of this Agreement, the City may initiate or continue various projects for which Consultant’s services may be used. For a given project, the City may solicit proposals from Consultant and other firms to perform services on that project, and the City may award a Task Order for the project based on availability, schedule, and cost proposal. Consultant understands and acknowledges that this Agreement provides no guarantee that Consultant will be selected to perform any volume or work for the City.
D. Pursuant to Chapter 2.48 of the Rialto Municipal Code, City has authority to enter into and execute this Agreement.
E. The Parties desire to formalize the selection of Consul tant for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
Scope of Services . Contractor agrees to perform on-call construction management, inspection and mater ials testing services associated with Request for Proposals No. 22 -048 “On -Call” Construction Management, Inspection, and Materials Testing Services (hereinafter, the “Scope of Services” or “Services”) as requested and authorized by the City. The Scope of Services are more particularly described in Exhibit DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Page-2
“A” attached hereto and incorporated herein. When the City desires to utilize Contractor for the Scope of Services, the City will issue a Task Order that includes a Scope of Services to be performed and the compensation to b e paid for the Services within the Task Order. Upon the issuance of a Task Order, that Task Order shall immediately be incorporated into this Agreement as part of Exhibit “A” (e.g., the first Task Order will be Exhibit “A-1”, the second Exhibit “A -2,” etc.). Each Task Order is made a part of t his Agreement by this reference and encompassed within the Scope of Services of this Agreement.
As a material inducement for City to enter into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, it meets all local, state, and federal requirements in performing the Services, and it is expe rienced in performing the work and Services contemplated herein. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Consultant covenants that it shall foll ow the highest professional standards in performing the work and Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more professional firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Agreement between the Parties shall consist of the following: (1) this Agreement, including the Recitals; (2) the Scope of Services , including all Task Orders ; (3) the City’s Request for Qualifications No. 22-048; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The Contract Documents and Accepted Proposal shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Scope of Services , Consultant’s Proposal , and/or this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all Services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered . In addition to the terms, conditions, and performance obligations for the Work set forth in this Contract, Consultant must also c omply with the federal contract terms, conditions, rules, and regulations set forth in the attached Exhibit “B” (“Federal Contract Terms, Conditions, and Regulations”).
1.4 Licenses, Permits, Fees, and Assessments.
Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessmen ts, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the Services required by this DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Page-3
Agreement, and shall indemnify, defend, and hold harmless City, its officer s, employees or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. If Con sultant discovers any latent or unknown conditions that will materially affect the performance of the Services hereunder, then Consultant shall immediately inform the City of such fact and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Prevailing Wages.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rate s and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understanding of City and Consultant that the Prevailing Wage Laws may not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder. However, Consultant shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
1.8 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.
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1.9 Additional Services.
City shall have the right at any time during the performance of the Services under an individual Task Order, without invalidating this Agreement, to order extra work beyond that sp ecified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the Contract Officer to the Consultant, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Task Order sum for the actual cost of the extra work or change, and/or (ii) the time to perform the Task Order, which said adjustments shall be reflected in an amendment to the Task Order subject to the written approval of the Parties. Any amendment to a Task Order shall be reviewed and approved by the City Manager. In accordance with Rialto Municipal Code section 2.48.180, i ncreases in compensation for a Task Order may be approved by the City Manager provided: (a) the initial Task Order amount was less than One Hundred Thousand Dollars ($100,000) and the amended Task Order sum when considering any or all amendments will not exceed One Hundred Thousand Dollars ($100,000); or (b) the Task Order was approved by the City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increases, taken either separately or cumulatively must be approved by the City Council. Payment for additional services rendered by Consultant under a given Task Order requires the submission of the actual costs of Consultant’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have sim ilar work done by other contractors.
No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
City and Consultant acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. The annual or total level of Services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant’s Services has not been identified for this Agreement, City and Consultant acknowledge and agree that a specific “Maximum Contract Amount” shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.9 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the City Manager or designee as provided in this Section 2.1. The Maximum C ontract Amount of this Agreement is undefined, and i s subject to the number and type of projects requiring the Consultant’s Services throughout DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Page-5
the duration of the term of this Agreement, if any. Consultant’s compensation shall be limited to the Maximum Contract Amount identified on each separate, individua lly authorized Task Order corresponding to a project requiring the Services of the Consultant in accordance with the Schedule of Compensation set forth in the attached Exhibit “C”.
Subsequent approval of individual Task Orders shall be approved in accordance with the provisions of Chapter 2.48 of the Rialto Municipal Code.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the Services; (iii) payment for time and materials based upon the Consultant’s rates as spec ified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursua nt to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City i s a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Unless otherwise specified by the Task Order, each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for p ayment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City may independently review each invoice submi tted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, t he City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
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2.5 No Waiver.
Review and payment by City to Consultant of any invoice for work performed by Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any rights or remedies provided herein or any applicable law.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
The Services authorized by each Task Order shall be completed pursuant to the schedule stated in the Task Order. Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes be yond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Offic er shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section
1.9. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Subject to the termination provisions of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above. City may extend the Term of this Agreement two times for one year each time, for a total potential term of five years.
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ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Majdi Ataya, PE President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent pers onnel to perform Services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any su ch rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or other such person designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the pe rformance of the Services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.
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the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control o f Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service.
Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to Ci ty a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or contro l of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liability Ins urance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1 ,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
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(b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Consultant and the City against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employ ed by or any persons retained by the Consultant in the course of carrying out the work or Services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non -owned, leased, and hired cars.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement mu st be endorsed to be applicable to claims based upon, arising out of, or related to Services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s Services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be sub ject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self -insured retention, any additional insured may satisfy the self -insured retention. All of s aid policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or Services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Page-10
right to inspect complete, certified copies of all required insurance policies at any time.
Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occu pied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. 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.
Any deductibles or self -insured retentions must be declared to a nd approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to wh ich the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, C onsultant agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, lo sses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), arising from Consultant’s reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions file d in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, its officers, a gents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its offi cers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully re sponsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omissio n, or reckless or willful misconduct of Consultant in the performance of professional Services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
Notwithstanding the foregoing, to the extent that the Consultant’s Services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.
5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk M anager determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager Consultant.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “books and records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services.
Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the Services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase o r decrease the cost of the work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, d esigns, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by t he Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant sha ll have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Page-13
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public do main or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employe es, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any off icer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney ’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, reque st for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultan t or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
In the event of litigation in a U.S. District C ourt, venue shall lie exclusively in the Central District of California, Eastern Division.
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7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue com pensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreemen t. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without lia bility for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the pro visions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Page-15
by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contr act Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the wor k and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or in directly, which would conflict in any manner with DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Page-16
the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement or any individual Task Order subsequently awarded .
Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Additionally, pursuant to Rialto Municipal Code section 2.48.145, Consultan t represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Governme nt Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as we ll its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religio n, sex, gender, sexual orientation, gender identity, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, sexual orientation, gender, gender identity, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ s uch unauthorized aliens for the performance of work and/or Services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Page-17
reimburse City for the c ost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cos t and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing of City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, network data, internet, or other communication charges, vehicles, and reproduction facilities.
9.2 Payment of Taxes.
Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal and state taxes.
9.3 Notices.
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic tra nsmission such as e -mails, text messages, instant messages are not acceptable manners of notice required hereunder.
Notices or other communications shall be addressed as follows:
If to City: City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2525
Fax: (909) 820-2527
With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Eric S. Vail, City Attorney
Tel: (951) 788-0100
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Fax: (951) 788-5785
If to Consultant: Onward Engineering
300 S. Harbor Blvd., Suite 814
Anaheim, CA 92805
Attn: Majdi Ataya
Tel: (714) 533-3050
Fax: (714) 948-8978
Either Party may change its address by notifying the other Party of the change of address in writing.
9.4 Interpretation.
The terms of t his Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.5 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.6 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negoti ations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.7 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
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9.8 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed and entered into this Agreement on the date first written above.
CITY: CONSULTANT:
CITY OF RIALTO, a municipal
corporation
ONWARD ENGINEERING, a
California corporation
By: By:
Marcus Fuller Majdi Ataya
City Manager President
ATTEST:
By: By:
Barbara A. McGee Muhammad Ataya
City Clerk Secretary
APPROVED AS TO FORM:
Burke, Williams & Sorensen, LLP
By: **Two signatures are required if a
corporation** Eric S. Vail
City Attorney
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A-1
EXHIBIT “A“
SCOPE OF SERVICES
Consultant shall provide on-call construction management, inspection and materials testing services more generally described herein.
Consultant shall provide first class as-needed construction management, inspection and materials testing services associated with various City Projects. For work provided on assigned City Projects, the selected firm shall provide services as described in Chapter 16, “Administer Construction Contracts,” of the State of California Department of Transportation’s (“Caltrans”) Local Assistance Procedure Manual (“LAPM”). More specifically, construction management services shall include, but are not limited to:
Pre-Construction Phase:
1. Perform value engineering and constructability review of project plans and specifications.
2. Review engineer’s estimate and approved budget for the project.
3. Prepare and maintain a master project schedule based on anticipated completion of design and construction phases, integrating all reviews and approvals as may be required by City and other regulatory agencies.
4. Develop public outreach materials (in dual language, English/Spanish) and a neighborhood affairs strategy to advise affected property owners, businesses, and the general public, regarding the project. Develop and provide website and toll -free phone number for public inquiries and complaints; assign a neighborhood liaison to track complaints.
5. Preparation of required state/federal forms.
Construction Phase
1. Arrange and conduct Pre -Construction meeting, inviting general contractor and project stakeholders. Prepare minutes of Pre-Construction meeting for distribution to all attendees.
2. Provide and maintain sufficient field personnel to administer and manage construction contract.
3. Review construction schedule, including activity sequences and duration, schedule of submittals and delivery schedule of long lead materials and equipment. Revi ew contractor’s update and revisions as may be required to reflect actual progress of work.
4. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, request for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees.
5. Process contractor’s submittals for project architect’s/design consultant’s review and approval.
6. Process and track RFIs, submittals, shop drawings, propose d change orders and revisions.
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7. Review, evaluate and negotiate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City.
8. Maintain cost accounting records on authorized work performed under contrac t unit costs and additional work performed based on actual costs of time (labor) and materials (T&M).
9. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual and estimated costs and report such variances to City at regular intervals.
10. Assist City in coordinating services of other consultants (geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing, etc.) that may be hired or selected for the project.
11. Coordinate with project architect/design consultant contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications.
12. Establish and im plement job safety procedures in compliance with CAL -OSHA requirements. Monitor contractor’s compliance with established safety program, respond to deficiencies and hazards, and investigate and report on accidents.
13. Track quantities of work completed for pr ogress payment. Develop and implement procedures for review and processing of progress payment applications. Assist City with review and certification for payment.
14. Conduct field construction contractor employee interviews to comply with DIR, Prevailing Wag e, and Public Contract Code Requirements. Interviews shall be reported to the City on a regular basis.
15. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations and requirements. Ensure that labor and hours reported by contractors match inspector’s daily diaries, inspection reports, and employee interviews.
16. Perform quality assurance reviews on a regular basis and recommend changes, as necessary.
17. Comply with federal and state grant funding requirements.
18. Prepare federal and state grant funding reimbursements.
19. Maintain a complete project filing system. Filing system shall be in accordance with Section 16.8 (Chapter 16) of the Caltrans LAPM.
20. As-need materials testing.
Post-Construction Phase
1. Evaluate completion of work and recommend to City when work is ready for final inspection.
2. Conduct final inspection/walk through with City staff, maintenance/service personnel and project architect/design consultant.
3. Issue preliminary and final punch list, includin g schedule for punch list completion.
Monitor and follow through with contractor until completion of all punch list items.
4. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warrant ies, and other documents as stipulated in contract documents.
5. Review and process contractor’s request for final payment and release of retention.
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6. Deliver project files to City.
Construction inspection services shall include, but are not limited to:
1. Review plans, specifications, and other contract and construction-related documents.
Become familiar with traffic control plans, construction schedules, construction sequences, and permit requirements from other agencies.
2. Photographs prior, during, and after construction.
3. Attend pre-construction meetings and present special concerns, if any.
4. Interpret plans, specifications and regulations and ensure that contractors are following their contracts. Provide inspections to ensure projects are constructed according to project specifications.
5. Direct and notify construction contractors about non -compliance and correct compliance problems as soon as they are discovered.
6. Maintain daily diaries showing site and weather conditions; traffic control measures taken by con tractors; labor, equipment and materials used; quantity of work performed; and major incidents/safety violations. Daily diaries shall be submitted to City upon project completion.
7. Review construction progress schedules on a regular basis; verify schedules are on track with project milestones; identify deviations; and ensure that corrective actions are taken to bring projects back on schedule.
8. Provide accurate measurements of work completed by contractors in accordance with contract documents.
9. Review soil co mpaction and materials testing certifications of compliance (COC).
Coordinate with City’s Acceptance Testing (AT) and Independent Assurance Program (IAP) testing firms regarding quality of work completed.
10. Ensure that contractors do not install materials wi thout approved material testing certifications. Any failed tests shall be reported and direct contractor to take correction measures to achieve compliance.
11. Monitor contractors’ utility coordination to minimize utility conflict delays and potential need for utility relocations. Report potential conflicts to utilities, and advise them to relocate or remove conflicting utilities and report outcome to City.
12. Attend weekly progress meetings to communicate, coordinate and resolve any issues or problems that may arise at the job site. Prepare and submit to contractor a “Weekly Statement of Calendar/Working Days” report.
13. Conduct field construction employee interviews to comply with Equal Employment Opportunity Law and Davis Bacon Act. Interviews shall be reported to City on a regular basis.
14. Coordinate with contractor access to adjacent businesses/residents during construction. Coordinate mitigation of construction impacts with contractor, City and other agencies.
15. Provide inspection of street lighting, traffic control, channelization, and all other traffic- related work.
16. Observe construction safety, public safety and convenience, and report discovered problems to City.
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17. Monitor compliance with the City’s National Pollutant Discharge Elimination System (NPDES) Permits and requirements. Monitor compliance with all other local, state, and federal laws and regulations.
18. Maintain data for change orders and record information regarding time of dispute, time of notification by contractor, and action taken by inspector.
19. Provide complete measurements and calculations to administer progress payments and make recommendations for payments.
20. Ensure that contractors submit certified payroll reports with monthly progress payment requests. Review reports for compliance with feder al and state prevailing wage regulations. Ensure that labor and hours reported by contractors match inspector’s daily diaries and inspection reports.
21. Prepare and transmit to contractors correspondence related to construction management and inspection of pr ojects. All correspondence sent to and received from contractors shall be copied and transmitted to City.
22. Coordinate preparation and submittal of as -built plans to City upon project completion.
23. Prepare preliminary and final punch list and follow through wi th contractor until completion.
24. Upon project completion, conduct final inspection and close -out encroachment and construction/excavation permits.
Additional Optional Services
At the City’s sole discretion, as may be necessary to supplement existing staff , the Consultant may provide encroachment permit coordination and inspections (including work associated with public and private utility companies and/or their contractors).
For work provided on miscellaneous encroachment permit inspections (including wor k associated with public and private utility companies and/or their contractors), the Consultant shall provide the following work:
1. Review plans, specifications, and other encroachment permit related documents.
Become familiar with traffic control plans, c onstruction schedules, construction sequences, and permit requirements from other agencies.
2. Photograph prior, during, and after construction.
3. Attend pre-construction meetings and present special concerns, if any.
4. Provide inspections to ensure encroachments are constructed according to permit requirements.
5. Direct and notify encroachment permittees about non -compliance and correct compliance problems as soon as they are discovered.
6. Maintain daily diaries showing site and weather conditions; traff ic control measures taken by contractors; labor, equipment and materials used; quantity of work performed; and major incidents/safety violations. Daily diaries shall be submitted to City upon project completion.
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7. Ensure that encroachment permittees do not i nstall materials without approved material testing certifications. Any failed tests shall be reported and direct encroachment permittees to take correction measures to achieve compliance.
8. Coordinate and ensure access to adjacent businesses/residents is maintained during encroachment permittee work.
9. Observe construction safety, public safety and convenience, and report discovered problems to City.
10. Monitor compliance with the City’s National Pollutant Discharge Elimination System (NPDES) Permits and requireme nts. Monitor compliance with all other local, state, and federal laws and regulations.
11. Upon completion of encroachment permittee work, conduct final inspection and close-out encroachment and construction/excavation permits.
Private Land Development Projects
The Consultant shall provide first class work and services for providing construction management and inspection services of various improvements related to private land development projects, including, but not limited to: rough grading, street, sewer, water, storm drain, precise grading/paving, traffic signal, and traffic striping/signage. Appropriate inspection services shall be provided on review and approval of on -site and off -site improvements associated with private land development projects. The Consultant shall ensure all required improvements are constructed to appropriate standards and in accordance with the approved plans for the work. Coordination of materials testing and inspection services shall be provided (with all costs associated with ma terials testing/inspection paid for by the developer/owner).
The Consultant shall ensure approved Water Quality Management Plans (a “WQMP”) are implemented accordingly. The Consultant shall verify the developer/owner has obtained clearance under the Statewide General Permit, and has been issued a Waste Discharge Identification Number (WDID#). The Consultant shall also confirm that all construction activities within the City of Rialto conform to requirements identified in the City’s current National Pollutant Discharge Elimination System (“NPDES”) Permit. The Consultant shall review installation of all required storm water pollution control measures identified on the approved WQMP.
Special Note: The Consultant will be required to obtain an office space with in close proximity to City Hall, with part-time attendance by the assigned Inspector(s). Throughout the assignment, the Consultant shall be expected to be available to meet, as necessary, with City staff, including but not limited to, the Community Development Department to discuss assigned projects, review construction permits, and other requirements. Fees for time required to meet with City staff shall be included in the inspection fees charged by the Consultant, and shall not be separately paid for outside of required inspections.
It will be the responsibility of the successful firms and to determine the necessary staffing level required to perform the scope of service of each project assigned. The City will not DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 A-6
provide dedicated work space or office spa ce, City staff, or City resources, printing or copying services, or clerical assistance for the performance of this agreement.
All services shall be performed in compliance with the industry and professional standards and all applicable federal, state, and local laws, ordinances, and regulations including the Americans with Disabilities Act (ADA), current California Building Code, and the rules and ordinances of the County of San Bernardino and the City of Rialto.
The City further reserves the right, wh en applicable and in the best interests of the City, to require the construction manager or inspector to engage sub-consultants with special expertise when the unique circumstances of a particular project warrants such additional services. The City may pro vide recommendations to the construction manager or inspector for consideration and reserves the right of approval of any sub -consultant selected by the construction manager or inspector on any project.
Specifically, Consultant shall provide those Services as outlined in its proposal dated March 17, 2022, included on the following pages.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 design smarter. build better.
300 S. Harbor Blvd., Suite 814
Anaheim, CA 92805
Phone: (714) 533.3050
Fax: (714) 948.8978
www.oe-eng.com
City of Rialto March, 17 th, 2022
Attn: City Clerk
335 W Rialto Ave,
Rialto, CA 92376
SUBJECT : REqUEST foR PRoPoSalS (RfP) #22-048 on-Call Con STRUCTion managEmEnT, InSPECTion & maTERialS TESTing SERviCES
Onward Engineering (OE) is excited to submit this proposal to the City of Rialto to provide on-call Construction Management, Inspection and Materials Testing services. OE has been providing professional construction management, contract administration and construction inspection services since 2004, and over the years, we have fine-tuned our approach to CIP public works projects.
Organization and safety are some of our chief priorities when handling Construction Management and Inspection projects. These two issues entail a human element which is not easily read by looking at the plans. OE understands that behind every project are the people involved, and few firms prioritize this philosophy as much as OE does. Additionally, maintaining a positive public perception is another priority that is paramount to the success of any project. In regards to organization and public perception, we have applied multiple mediums which we use to distribute project information and we leverage them in providing communication, transparency and organization. This allows stakeholders to understand the project, check on the status of construction and enjoy continual updates, and to communicate relevant information or concerns. These platforms include OE’s real-time project maps, an informative online web page, enhanced methods for public notification along with communication such as a customized project hotline. All this results in the public being informed, thereby developing a positive perception of those behind the project affecting them..
Regardless of how many projects we are selected for, OE will utilize and provide access to our filing system which complies with Caltrans LAPM requirements, and our Daily Construction Reports (DCR), Photo Diaries, Weekly Statement of Working Days, and Incident Report Forms that include all of the Caltrans fields and required information, and are available from our proprietary application Orange Vest © which our team will use for on-site reporting. These reports will then be available to the City in real-time.
Our proprietary construction tool Orange Vest © allows us to document work in real-time, and have those quantities, materials, labor, and equipment automatically update Quantity Sheets, Earned Value Charts, Cost Over Time Charts, Quantity Over Time Charts, and Percent Complete Over Time Charts.
It also allows us to proactively monitor bid items that are nearing 75% complete and keep track of any overages. The Orange Vest Application also allows us to generate Field Notifications, manage Punch-Lists, automatically generate Weekly Statement of Working Day reports, and manage Potential Change Orders, Unit Price Change Orders, and Changer Orders. The value of this tool is unprecedented. It took our team over 4 years to develop, and it includes input from former County, City, and Public Works Professionals and Supervising Inspectors.
I would like to thank the City of Rialto for the opportunity to submit our proposal. I will be the Management Contact and the individual authorized to execute legal documents on behalf of OE for the duration of this agreement. If you have any questions, please feel free to contact me at: (714) 533-3050, by email at:
[email protected], or fax: (714) 948-8978. I have read, understand and agree to all statements in the City’s services agreement. The cost proposal will remain valid for a period of at least 120 days from the date of submittal. We acknowledge receipt of the Q & A. We look forward to continuing our successful relationship with the City of Rialto and we thank you for the opportunity to serve.
Thank you,
Majdi Ataya, PE
President, Onward Engineering
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
2 fiRm PRofilE
INCORPORATED
2004 AS A “C”
CORPORATION IN THE
STATE OF CA.
18 YEARS IN BUSINESS
30 EMPLOYEES
firm HISTORY
CONSTRUCTION
MANAGEMENT
CONSTRUCTION
INSPECTION
STAFF
AUGMENTATION
PLAN
CHECK
PrOfesIOnaL SERVICES
It is the mission of
Onward Engineering
(OE) to provide a
new standard of
consulting services
to our clients. In doing
so, we wish to improve
the quality of life in
the communities
that we serve.
mIssIOn STATEMENT
300300
S. HaRBoR BlvD. S. HaRBoR BlvD.
SUITE 814SUITE 814
anaHEIm, Ca anaHEIm, Ca 9280592805
firm dETAilS
ExECUTivE SUmmaRy
OE has provided local agencies with our expertise on hundreds of Capital Improvement Projects (CIP) involving full-
service construction management and inspection
support to several dozen public agencies
including projects which required scheduling
oversight, coordination between departments,
i.e. water, water reclamation, sewer, electrical
and facilities. OE was able to complete these
projects successfully on time, within budget,
and at an elevated level of quality.
Our experience includes roadway and
parkway improvements. We have
completed similar projects in the City of
Diamond Bar (over 65 miles of roadway
and associated ramps, sidewalks
and driveways over 7 consecutive
years), City of Norwalk (2020 Annual
Street Resurfacing), City of Redondo
Beach (multiple paving projects over the
last two years), City of Anaheim (over 15
neighborhoods), City of Laguna Beach (3
consecutive years of annual paving
projects - from 2018 to 2020), City of Torrance
(6 miles), City of La Habra (over 15 miles in two
phases), and the City of La Mirada (over 8 miles).
Additionally, we have provided permit inspections,
encroachment permit inspections, and utility inspections to the City of Norwalk (over 6 years), City of Bellflower (over 3 years), City of Whittier (for 2 years), City of Brea (12 years), City of La Habra (1 year), City of Rancho Cucamonga (over 8 years), and the County of Orange Job Order Contract Division (1 year).
Focus on
cost reduction
strategies (Cost-
Benefit Analysis,
obtaining available
resource
funding,
expediting
approval,
etc.
Prior
experience
on hundreds of
projects for 18 yrs.
Knowledge
of City, State,
Federal, and
County regulations
and standards.
Depth of
resources
providing high
level services at
a high level of
quality.
Reliability,
accessibility,
responsiveness,
error mitigation
and conflict
resolution.
Extensive track
record for finishing
projects on time
and within
budget.
Prompt & effective
communication
with City staff,
stakeholders
& the
public.
oUR
PoInTS of
foCUS foR
aCHIEvIng oUR
goal of CITy
SaTISfaCTIon
quaLificatiOns, exPerience, backgrOundb:
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
3 on-Call ExPERiEnCE
T e City of BREA
Rails to Trails Project
Cherry & Alder St. Project
Wildcat Way Rehabilitation
Cinnamon Tract Rehabilitation
Blackstone Development Project
City Ventures Development Project
Lambert Rd. Rehabilitation (Phase I)
La Floresta Village Development Project
Master Plan Sewer Upgrades (Phase V)
Elm St. Resurfacing & Waterline Replacement
Berry St. & Imperial Hwy. Sewer Main Replacement
Valencia Ave. Landscaped Median Improvements
Midbury Tract & Water Main Improvement Project
Public Works Maintenance Yard Rehabilitation
State College Blvd. Rehabilitation Project
Bandstand & Park Landscape Improvement
Imperial Greenbelt Landscaping Project
T e City of RANCHO CUCAMONGA
Olive Grove Park Multi-Use Trail Project
19th St. Hellman Ave. Pavement Rehabilitation
Hermosa Ave. Pavement Rehabilitation Project
Local Street Pavement Rehabilitation Slurry Seal
Ramona Ave. Storm Drain & Pavement Rehabilitation
Upgrade Left Turn Phases Yellow Arrow Signal - 7 Locations Vineyard Ave. at San Bernardino Rd. Traffic Signal Modification T e County of ORANGE
Antonio Parkway Widening
35-Year Rd. Revenue Expenditure Plans
Edinger Ave. Bridge Widening Project
Justice Center Way St. Rehabilitation Project
Prepare OC Plan Check Handbook & Checklists
County of Orange Construction Division Assessment
State Route 91 Express Lanes Preventive Pavement Maintenance T e City of DIAM
OND BAR
Chino Hills Pkwy. & Chino Ave. St. Rehabilitation
Residential Area 1b/Arterial Zone 7 Rehabilitation
Residential Area 2/Arterial Zone 1 Rehabilitation
Residential Area 3 & Collector St. Rehabilitation
Residential Area 7 & Arterial Zone 5 Maintenance
7-Year Annual Arterial/Residential Rehabilitation
Brea Canyon Drainage Improvement Project
Morning Canyon Rd. Reconstruction Project
Area 6 Residential Roadway Rehabilitation
Diamond Bar City Hall Contract Engineer
Grand Ave. Beautification Project
Drainage Diverters Project
T e City of TORRANCE
Palos Verdes Blvd. Rehabilitation
Residential St. Rehabilitation, I-94
Bus Stop Accessibility Improvement Project
190th St. Pavement Rehabilitation Project
Madison St. & Skypark Dr. Reconstruction
Sidewalk Repair for Handicap Accessibility
PCH at Vista Montana/Anza Ave. Intersection Improvement Downtown Pedestrian Improvement Project - T -115
T e City of MONTEBELLO
Various Streets Improvement, FY 2020-21 (CIP No. 881)
N. Concourse Avenue Street Improvement Project
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
4 oRganizaTional CHaRT
PRoJECT & C onSTRUCTI on manag ERS
JustIn smeets , PE, PLS, QSD
17 years of
experience
55%
available
BS:
PE:
PlS:
qSD:
Civil Engineering, CSUF, 2007
Professional Engineer, #78314
Professional Land Surveyor, #9293
Qualified Stormwater Pollution
Prevention Plan Developer #00852
LudY smeets , PE
39 years of
experience
60%
available
BS:
ma:
aRmy:
PE:
Civil Engineering, CSUF, 1979
Military Science, A & M, 1990
Command/General Staff College
Professional Engineer, #37221
MEMBER APWA/ASCE/NSPE/SAME
dOnaLd HOPPe, PE
40 years of
experience
45%
available
BS:
ma:
PE:
Civil Engineering, CalPoly, Pomona
Public Administration, CSUF
Professional Engineer, #34820
Technical Steering Committee
IgnacIO OcHOa, PE, TE, PTOE
39 years of
experience
60%
available
BS:
PE:
TE:
PToE:
Civil Engineering, CSULB
Professional Engineer, #35217
LICENSED Traffic Engineer #1183
Professional Traffic Operations Engineer
was Chief Engineer & Director
ed fernandeZ , PE, ICBO
39 years of
experience
60%
available
BS:
PE:
aCi:
iCBo:
Civil Engineering, CalPoly, Pomona
Professional Engineer, #66929
Concrete Field Testing
Building Inspector, #89482
Bilingual English & Spanish
ConSTRUCTI on InSPECT oRS
mIcHaeL nguYen
33 years of
experience
100%
available
aa:
60 UniTS:
16 yEaRS:
Industrial Technology ,
CalPoly, Pomona
Mechanical Engineering ,
CalPoly, Pomona
Construction Inspector,
The County of Orange
cHrIs bOren
17 years of
experience
100%
available
6/22
lEvElS
I & II:
Public Works Inspector
EXPERIENCE
Federal Funding/Caltrans/
Nuclear Densometer/Public
Outreach
JOe ZamarrIPa
32 years of
experience
100%
available
7/22
CERTIFIED Public Works Inspector
Santiago Canyon College
carLOs LOPeZ
41 years of
experience
100%
available
12/23
aa:
4 yEaRS:
16 yEaRS:
Civil Engineering Technology ,
LA College
Supervising Inspector
The County of Orange
Senior Inspector
The County of Orange
mark Luera
42 years of
experience
100%
available
STUDiES: Public Works Interpretation
& Estimation
Citrus College
cHarLes “cHuck” stagner
42 years of
experience
100%
available
ExPERiEnCE: SWPPP: Qualified
Stormwater Pollution
Prevention Planning.
OSHA: Occupational
Safety & Health
rasHId sYed, MPA
40 years of
experience
100%
available
12/22
BS:
Ba:
mPa:
Civil Engineering ,
Hyderabad Polytechnic Institute
Public Administration, CSULB
Public Administration, CSULB
tIm stanLeY
33 years of
experience
100%
available
2/23
STUDiES:
Cal
TRanS:
Public Works Inspector/Computer
Technology/Business Admin.
CERTIFIED-375:AC Pavement
In-Place Density/ 201:Sample
Preparation/ 539:Concrete
Sampling/ 533:Ball Penetration
rObert VaLLe, QSP, CISEC
39 years of
experience
100%
available
11/22
qSP:
CiSEC:
30 yRS:
Qualified StormWater Pollution
Prevention Plan Practitioner #26670
CERTIFIED Inspector: Sediment &
Erosion Control #2075
Public Works Construction Inspector
The County of Orange
SUB-C onSUlTanT
muHammad ataYa, MPA
14 years of
experience
50%
available
BS:
mPa:
Poliltical Science , CSULB, 2008
Public Administration , CSULB, 2010
CERTIFIED Construction Management,
UCLA, 2010
maJdI ataYa, PE
40 years of
experience
60%
available
BS:
mPa:
PE:
Civil Engineering , CSULB, 1981
All Course Work , CSULB, 1993
Professional Engineer, #39392
was Deputy Director of Public Works
was City Engineer - City of La Habra
PRInCIPal & PRImaRy ConTaCT
vP & oPER aTIonS managER
C.S.
nOOrZaYgeO
GEOTECHNICAL INVESTIGATION
NoorzayGeoNoorzayGeo
maiHan nOOrZaY,
ms, Pe, ge
Principal Engineer
(951) 264-9023
[email protected]
16817 Rainy Vale Avenue, Riverside, CA
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
5 JustIn smeets, PE, PLS, QSD | CONSTruCTiON MANAGEr
PE: Registered Civil Engineer #78314 | BS: Civil Engineering-CSUF, 2007 | PLS: Professional Land Surveyor #9293 QSD/QSP: Qualified Storm Water Pollution Prevention Plan Developer #00852
BACKGROUND
Justin has 18 years of experience in Civil Engineering Design, Municipal Engineering and Facilities Design, Construction Management and Construction Administration. Using AutoCAD Civil 3D, Justin manages and develops engineering plans and specifications, mapping, executing land development and grading design projects, conducts earthwork calculations, and incorporates typical designs. He is proficient in Federally Funded projects and he is familiar with the Caltrans Local Assistance Procedures Manual. Justin has successfully taken multiple projects from the initial federal funding application, to the Preliminary Environmental Study, to E-76 approval, and all the way through construction of audited federally funded construction projects. He has experience managing construction projects and handles planning and running kick-off meetings with the contractor, reviewing project submittals, RFIs, CCOs, checking contractor invoices against field quantities, and coordinating daily construction details with the contractor and inspector. He has completed multiple SWPPPs and erosion and sediment control plans per the latest Construction General Permit.
EXPERIENCE
7-yEaR annUal RESIDEnTIal RoaDWay REHaBIlITaTIon
The City of diamOnd bar
Justin was the Construction Manager to the City of Diamond Bar on their annual arterial and residential roadway maintenance projects for an annual period of 7 years. Years 2010 and 2011 were awarded as separate contracts. The City awarded us an additional 3-year contract for 2012–2014. In 2015, the City of Diamond Bar awarded us yet another annual rehabilitation project. The project sizes and costs were: 2010: 11.8 miles of arterial & residential streets ($908 K), 2011: 19 miles of arterial & residential streets ($1.8 M), 2012: 10 miles of arterial & residential streets ($1.1 M), 2013: 13 miles of arterial & residential streets ($1.3 M), 2014: 14.5 miles of residential, arterial & collector streets ($1.8 M), 2015: 14 miles of residential, arterial & collector streets ($1.75 M) and 2016/2017: 16.6 miles of residential and collector streets ($1.58 million). The general scope of work for each year’s project included localized R&R patching, grind and overlay, cape and slurry seal, traffic loops, traffic striping, and required heavy traffic phasing and traffic control review. OE assisted the City through the project bidding phase, developing text and stipulations for the bid package to ensure contractor availability during the desired working months. Due to freeway proximity, coordination with Caltrans to obtain encroachment permits for the City on four of these projects was essential. aRRoyo DRIvE ImPRovEmEnT PRoJECT
The City of mOntebeLLO
Justin provided turnkey construction management and inspection services to the City of Montebello. The project limits are on Arroyo Drive from Astra Drive to Glen Avenue. This project includes pavement rehabilitation (2”-3” grind and overlay), ADA ramp, curb and gutter, and driveway repairs, storm drain improvements, and associated improvements. The budget for this project is $1,239,085 made up of STPL Funds ($1,063,000) Measure R ($146,045) and Prop C ($30,040) funds, and full compliance with all applicable requirements was essential. The project limits on the north side are adjacent to the back-lot of St. Joseph’s Salesian Youth Retreat Center and Don Bosco Technical Institute. Coordination for parking access was vital. The Astra Drive neighborhood (cul-de-sac) and Potrero Heights Park and Community & Senior Center at the west end of the project limits also required coordination, since the parking lot and residential neighborhoods can only be accessed from Arroyo Drive.
aDa aCCESS RamPS PRoJECTS
The City of rancHO cucamOnga
Justin provided Construction Management services to the City of Rancho Cucamonga for a consecutive 3 year period on the FY 17-20 ADA Access Ramps Projects. These projects included approximately 292 total ADA ramps which required custom designs for each ramp. The FY 17/18 project included approximately 125 ADA ramps, with 43 additional ramps added by the City. The FY 18/19 project included approximately 112 ADA ramps, with 15 additional ramps added by the City. The FY 19/20 project includes approximately 55 ADA ramps.
The ramp work on these projects were completed on an expedited schedule and with short turnaround times.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
6 LudY smeets, PE | CONSTruCTiON MANAGEr
PE: Registered Civil Engineer #37221 | BS: Civil Engineering- CSULB, 1979 | MA: Military Science - A&M, 1990 US ARMY: Command & General Staff College - 1989
BACKGROUND
Ludy has over 39 years of civil engineering experience with focus on Project Management and Construction Management. He also has experience in the design of civil engineering projects such as street, sewer, water, and storm drain projects. Ludy has management level experience working in public works departments in cities throughout Southern California. His experience includes public agency budgeting, project implementation, project design, PS&E development, contract bidding, award administration, construction management and project closure reporting. He has selected, directed and managed consultants, architects and engineers as required in order to meet public works department goals and objectives, and he provided project management for federally funded projects, and state funded projects.
EXPERIENCE
aRRoyo DRIvE nEIgHBoRHooD ImPRovEmEnTS
The City of mOntebeLLO
Ludy supplied Construction Management services to the City of Montebello. The project limits are on Arroyo Drive from Astra Drive to Glen Avenue. This project includes pavement rehabilitation, ADA ramp, curb and gutter, and driveway repairs, storm drain improvements, and associated improvements. The budget for this project is $1,239,085 made up of STPL Funds ($1,063,000) Measure R ($146,045) and Prop C ($30,040) funds, and full compliance with all applicable requirements was essential. The project limits on the north side are adjacent to the back-lot of St. Joseph’s Salesian Youth Retreat Center and Don Bosco Technical Institute.
Coordination for parking access was vital. The Astra Drive neighborhood (cul-de-sac) and Potrero Heights Park and Community & Senior Center at the west end of the project limits also required coordination, since the parking lot and residential neighborhoods can only be accessed from Arroyo Drive. nEIgHBoRHooD STREET/SlURRy SEal REHaBIlITaTIon - PHASE III The City of Laguna beacH
Ludy lent his skills in providing full Construction Management and Inspection Services for the City of Laguna Beach. The project covered the span of three phases in three years. The project limits for included two areas:
Area A-Coast Royal, and Area B-South Laguna Village. These areas are in South Laguna Beach, from the neighborhoods between West Street and 10th Avenue/Sunset Avenue. The work included variable grind and overlay in some areas, and Type I Slurry Seal in other areas, along with new traffic signal poles. Lastly, the project encompassed parkway and curb and gutter improvements, and signage and striping. Due to local residents, OE provided an informative Web Page, Web Maps and a Telephone Hotline for updates and information.
RoSECRanS avEnUE ImPRovEmEnT PRoJECT
The City of manHattan beacH
Ludy provided the City of Manhattan Beach with Construction Management services. The limits of the project was on the major arterial of Rosecrans Avenue, from Aviation Boulevard to Village Drive. This segment of roadway is approximately 4,200 linear feet, and the roadway condition varied, with rutting, blocking, and alligator cracking found throughout. Rosecrans Avenue sees heavy daily traffic volume, and it is an important thoroughfare in the City, so it had a high-profile identify. The project entailed cold milling and rubberized asphalt concrete overlay, installation of Tensar GlasPave50, double adjustment of manholes, pavement marking/ striping, installation of traffic loops, multiple commercial driveway upgrades, and access ramp upgrades at 8 locations. All eastbound lanes including the left turn pockets of Rosecrans Avenue from Aviation Boulevard to Village Drive were part of the project limits.
STREET ImPRovEmEnTS aT vaRIoUS loCaTIonS (CIP 186 & 190) The City of HermOsa beacH
Ludy provided Construction Management services for the City of Hermosa Beach. The purpose of the project was to restore the surface integrity of the streets, improve the ride quality and safety, as well as mitigate any potential hazards by means of pavement resurfacing. The project included 5,135 feet of full depth street repairs, 3,186 tons of grind and overlay rehabilitation, and 38 ADA Ramp upgrades, along with various sidewalk repairs. OE also provided the City with community coordination by means of establishing public accessable online web maps to inform and update the public on the project, as well a the distribution of public notifications.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
7 ed fernandeZ, PE, ICBO | CONSTruCTION MANAGEr
BS: Civil Engineering, CalPoly, Pomona, 1997 | PE: Registered Civil Engineer #66929 ACI: Concerte Field Technician | ICBO: Concerte Building Inspector #89482
BACKGROUND
Ed has more than 42 years of experience in major construction projects in both the public works sector and private development, 10 years of administrating and inspecting municipal construction projects. Ed’s expertise includes: construction of roadways, storm drain facilities, traffic signals, streetscape, parks, and bridge structures. He is extremely familiar with the process of construction management and construction inspection. In the past he has served as an Owner’s Representative, Associate Project Engineer, and Senior Inspector, namely for the City of Irvine, and Construction Supervision, earning him a diverse experience in the Civil Engineering field. He manages all aspects of the construction project, from the pre-construction meeting to the final acceptance and accounting, as well as managing contract documents, plans, specifications, and code requirements. He was also responsible for reviewing the daily, weekly, and critical path work schedule for potential delays or conflicts, and communicating any potential issues to the contractor. Eduardo also has experience with multi-agency coordination, and working with Caltrans, the County, and utility companies.
EXPERIENCE
JEffREy RoaD gRaDE SEPaRaTIon aT BnSf/mETRolInK RxR
The City of irVine
Ed served as the Construction Manager for the City of Irvine, involving BNSFand Metrolink RxR. The project scope involved lowering Jeffrey Road under the Metrolink tracks, eliminating the at-grade crossing and constructing a railroad bridge. Other project features included widening Jeffrey to three lanes in each direction, constructing a raised median and a pedestrian bridge (which also serves as a utility crossing for oil and gas lines), and landscaping improvements. The additional lanes were constructed in each direction for a smooth flow of traffic, for use of the new bicycle/pedestrian bridge crossing over Jeffrey Road to bypass train and vehicular traffic, and to reduce noise for the nearby three residential communities, an elementary school, and almost forty businesses in two regional shopping centers. Additionally, ten separate utility companies were involved in the relocations. A major challenge was to maintain access through the construction site without compromising the safety of workers and the public. A lighted two lane detour road with concrete barrier separators was constructed around the site area to provide a pedestrian/bicycle walkway, and dewatering systems were ran 24 hours a day to ensure the construction area remained dry and construction could continue until a pump station was installed and operational. A roadway under drain system was also installed at the low point of the undercrossing and connected to the pump station to keep the roadbed subgrade dry. The next priority was to ensure there would be as little disruption to rail traffic as possible, where a two-track detour was constructed, consisting of approximately 7,200 feet of track. This allowed passenger and freight trains to continue operating at normal speeds through the construction zone until the railroad bridge was complete.
As the single CM, Ed facilitated continued dialogue with the community, who’s contact details were included in all project-related materials. Ed also attended construction meetings to insure questions and complaints received timely and accurate responses. The public could also access regular updates on the provided website, stakeholders received monthly project updates and construction notices, and meetings were made with residents and area businesses. The result was strong public support for the project.
CamPUS DR. REHaBIlITaTIon JamBoREE RD. To maCaRTHUR BlvD.
The City of irVine
Ed provided Construction Management to the City of Irvine to rehabilitate Jamboree Road, from MacArthur Boulevard to Campus Drive. Jamboree Road is a principal arterial roadway which provides northeast/southwest access through the western portions of the City of Irvine, it is also a major thoroughfare for beach traffic and toll roads. It is critical to note that the northern half of Jamboree Rd. in the project limits is within the City of Newport Beach, which required OE to actively coordinate with the City and obtain approval for the final design of the project. The work included the preparation of cross sections to determine the limits of edge grinding for ARHM overlay. The scope of work also included 6,270 tons of 10inch Full Depth AC, redesigning and detailing nine ramps and two Right Turn Pork Chop Islands to meet ADA compliance, traffic loop installation, and installation of video detection at 2 intersections. Due to funding deadlines, the city required an expedited design for the project.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
8 cHrIs bOren | CONSTruCTiON iNSpECTOr
LEVEL I & II: Public Works Inspector
EXPERIENCE: Federal Funding/Caltrans/Nuclear Densometer/Public Outreach
BACKGROUND
Chris is a Construction Inspector at Onward Engineering. He has a variety of certifications and has taken part in multiple training programs over his 17 years of experience. His experience includes a plethora of projects, and he advocates safety and quality at the jobsite. His accuracy and efficiency in the field ensure a successful project. Chris’ work will always include making sure that the contractor is efficient with his time and acting in the best interest of the City as their advocate in the field.
EXPERIENCE
SToRm DRaIn & PavEmEnT REHaBIlITaTIon PRoJECT
The City of rancHO cucamOnga
Chris provided inspection services to the City of Rancho Cucamonga on the Ramona Avenue Storm Drain & Pavement Rehabilitation project. The project limits were from Foothill Boulevard to South of the Pacific Electrical Trail. The project included the installation of approximately 1,000 LF of 60” RCP, construction of 3 manhole structures, installation of 2 laterals and catch basins, as well as a junction structure. 19TH ST. HEllman avE. PavEmEnT REHaBIlITaTIon
The City of rancHO cucamOnga
Chris provided inspection services to the City of Rancho Cucamonga on the 19th St. Hellman Avenue Pavement Rehabilitation project. The project limits were from Haven Avenue to West City Limit, and Hellman Avenue from Baseline Road to 19th Street. The project included a Grind and Asphalt Rubber Hot Mix (ARHM) overlay, adjustments to manholes, water valves, and gas valves. It also included the installation of traffic loops, traffic signs, striping, and traffic signal video detection. In addition, the project called for traffic control for the duration of the project.
HERmoSa avEnUE PavEmEnT REHaBIlITaTIon
The City of rancHO cucamOnga
Chris provided inspection services to the City of Rancho Cucamonga on the Hermosa Avenue Pavement Rehabilitation project. The project limits were from Main Street to Arrow Route. The project included an Asphalt Rubber Hot Mix (ARHM) overlay, asphalt concrete pavement, cold plane, adjusting manholes, and water valve covers. It also included installing traffic signal detector loops at Hermosa and Arrow, and another set of traffic signal detector loops at Feron Blvd. and Hermosa Ave. This project also required extensive traffic control.
2013/14 loCal STREET PavEmEnT REHaBIlITaTIon SlURRy SEal The City of rancHO cucamOnga
Chris provided inspection services to the City of Rancho Cucamonga on the Local Street Pavement Rehabilitation Project. This project required an overlay of various streets in the City of Rancho Cucamonga.
The scope of work included a Type II Slurry Seal, routing, with rubberized and AC crack filling, weed abatement, the installation of plastic thermo markings, and striping. The work was done on an area of approximately 625,371 SY.
CHIno HIllS PaRKWay & CHIno avEnUE REHaBIlITaTIon - STPL FUNDED The City of dIamOnd bar
Chris was the construction inspector for the City of Diamond Bar for this STPL-funded project. The site spanned 1.25 miles along Chino Hills Parkway, from the north city limit to the south city limit, and Chino Avenue, from Chino Hills Parkway to the eastern city limit. The scope included grind and ARHM overlay, 783 SF of local R&R, and minimal PCC curb, gutter, and sidewalk replacements. A constructability review was conducted prior to construction commencing, and noted several additional reconstruction areas along with several ramp upgrades to add to the scope. In addition, paving was coordinated to be completed at night to minimize traffic congestion.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
9 tIm stanLeY | CONSTruCTiON iNSpECTOr
COURSES: Public Works Inspector/Computer Technology/Business Administration CALTRANS CERTIFIED: 375:AC Pavement In-Place Density/ 201:Sample Prep./ 539:Concrete Sampling
BACKGROUND
Tim is a Public Works inspector with 32 years of experience working almost exclusively as a Public Works Inspector for a variety of Cities including the Cities of Anaheim, La Quinta, Murrieta, Mission Viejo, Fremont, and Hawthorne. Tim’s experience includes projects of all sizes. His accuracy and efficiency in the field ensures a successful and well-documented project, from construction through closeout. Tim’s work will always include making sure that the jobsite is safe and that the contractor is efficient with his time. He has worked on community facilities, and roadway projects including traffic signal, storm drain, sewer and water projects. His experience and familiarity with Caltrans makes him a valuable addition to any Public Works Inspection team.
EXPERIENCE
anTonIo PaRKWay & lonE HIll avEnUE ImPRovEmEnT PRoJECT
The City of san dImas
Tim was the inspector on the City of San Dimas’ Arrow Highway and Lone Hill Avenue Improvement Project.
The project limits included the Arrow Highway and Lone Hill Avenue intersection-Lone Hill Avenue from 500 feet north of Arrow Highway to Cienega Avenue, and Gladstone Street from Monte Vista Avenue to San Dimas Avenue. The scope of work included 2,364 CY of excavation, removing 1,268 LF of concrete curb and gutter, 6,229 SF of concrete sidewalk, and 965 LF of curb, constructing river rock cobble paving in the medians on Arrow Highway, installing 7,299 tons of asphalt concrete pavement, constructing Class II aggregate base, and cement-treated base. Furthermore, the project entailed 10,332 SF of cold-milling to 2-inch depth of asphalt concrete pavement, constructing 8 inches of PCC curb and gutter, 6 inches of PCC curb and gutter, a commercial driveway, 5-foot-wide PCC sidewalk, and 12 curb ramps. In addition, the work involved adjusting the landscape and irrigation system on the medians, installing traffic signals on Arrow Highway at the Lone Hill intersection, removing 5 trees, installing Asphalt Rubber Hot Mix, installing 31 traffic loops, adjusting water and gas valves and manholes to grade, relocating traffic signal pull boxes, and installing a catch basin.
anTonIo PaRKWay & la PaTa avEnUE WIDEnIng PRoJECT
The County of Orange
Tim served as second senior inspector to the County of Orange on the high-profile Antonio Parkway and La Pata Avenue Widening project. The $25 million dollar project spanned 1.5 miles, from Ladera Ranch to 1,000 feet south of Ortega Highway, and included 1,000 LF of bridgework across San Juan Creek. Antonio Parkway was widened from four to six lanes, and the bridge was widened by 40 feet to accommodate the two additional lanes of traffic. Bridgework included parkway improvements, a raised median, channel bank revetment at the south abutment, compaction grouting, and structural testing. Roadway and bridge widening occurred concurrently and included grading and cement-treated soil, 3,691 LF of RCP storm drain, riprap for environmentally friendly drainage filtering, dry utility installations, 4,993 PVC pipe, utility conduits, 4 fire hydrants, traffic signal improvements and loops, signing and traffic striping, and 448 LF of retaining wall with 42,000 pounds of steel reinforcement.
CREnSHaW BoUlEvaRD REConSTRUCTIon PRoJECT
The City of LOmita
Tim served as inspector to the City of Lomita for the Crenshaw Boulevard and Lomita Boulevard Intersection Reconstruction and Lomita Boulevard Resurfacing Project. This project called for approximately 2,325 cubic yards of reconstruct in the intersection of Crenshaw Boulevard and Lomita Boulevard. A small portion of this intersection (west) was within the City of Torrance, so interagency coordination was essential.
This project involved resurfacing on Crenshaw Boulevard in both directions, south (approximately 1,056 linear feet) and north (approximately 325 feet), and resurfacing on Lomita Boulevard from the Crenshaw Boulevard intersection east to Narbonne Avenue (around 2,700 feet).
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
10 mIcHaeL nguYen | CONSTruCTiON iNSpECTOrEIT:
AA: Industrial Technology-Cal Poly, Pomona | 60 UNITS: Mechanical Engineering-Cal Poly, Pomona 16 YEARS: Construction Inspection, The County of Orange
BACKGROUND
Michael has accomplished over 31 years of experience in public works inspection. 16 of Michael’s 31 years of experience involved working for the County of Orange, where he started as a Construction Inspector and rose up to the highest attainable position in the County’s inspection series as a Supervising Construction Inspector (recently changed to Administration Manager I). As part of his responsibilities, Michael provided daily construction reports, drafted daily documenation of project on-site labor activities, equipment use and hours worked; measured, calculated, and recorded all construction measurements and quantities; implemented safety on the construction site; ensured NPDES compliance for State and regional Water Quality Control Boards; and captured site and work in progress photos. While at the County of Orange, he was dubbed The Slurry King due to his ability to document and track quantities in such a precise way.
EXPERIENCE
aSPHalT ovERlay RESURfaCIng of vaRIoUS STREETS - PHASES I, II, III, & IV The County of Orange
Michael served as Inspector on phases I through IV of this project located in unincorporated portions of Orange County. The scope of work for all of the locations consisted of hand patching and removal and replacement of the damaged sections of asphalt concrete pavement, cold milling, placing asphalt concrete leveling course, pavement fabric and asphalt concrete, CRM Binder, Asphalt Rubber Hot-Mix (ARHM), Tire Modified Asphalt Concrete (TMAC) overlay, constructing asphalt concrete berms, reshaping shoulders, tree trimming, adjusting manholes, water valves, sewer clean-outs, meter boxes, and survey monument wells. The areas in Phase I were located within the Cities of Placentia, Yorba Linda, Rossmoor, Midway City, Anaheim, North Irvine, Aliso Viejo, and the canyon areas. The areas in Phase II were located within the Cities of Anaheim, Cowan Heights, El Modena, Fountain Valley, Fullerton, Midway City and Tustin and additionally involved the reinstallation of traffic detector loops. The areas in Phase III were located within the Cities of Red Hill, Santiago Canyon, and Tustin Foothills. The areas in Phase IV were located within the Cities of Anaheim, Buena Park, El Modena, Garden Grove, Olive Heights, Orange Park Acres, and Yorba Linda and additionally consisted of constructing and retrofitting ADA access ramps and the reinstallation of traffic detector loops. Notices to Residents were hand-delivered and no parking signs were posted prior to start of work. Michael coordinated with local law enforcement for no parking violations within construction zones, performed daily reports, and processed progress payments. aREa 6 RESIDEnTIal & CollECToR STREET SlURRy SEal ovERlay & REHaBIlITaTIon The City of dIamOnd bar
Michael served as Inspector to the City of Diamond Bar on the Area 6 Residential and Collector Street Slurry Seal Overlay and Rehabilitation Project. The project limits included 63,360 feet (12 miles) of residential and collector streets located within Area 6 with work involving slurry seal and overlay work. Michael provided effective communication with the City, updated RFIs, submittals, and CCO Logs, and helped ensure compliant work with the Contractor and inspector. Michael also participated in public outreach services to the affected neighborhoods to ensure a seamless construction process and maintain a positive public outlook for the City of Diamond Bar.
nEWPoRT BoUlEvaRD SIDEWalK gaP CloSURE aT gREEnBRIER RoaD The County of Orange
Michael served as Inspector on this $356,431 dollar project at Greenbrier Road. The work involved constructing a sidewalk 100 feet along Newport Boulevard and consisted of a Modified Caltrans Type I Retaining Wall, a wing wall, return walls, a Caltrans Type V Retaining Wall, curb ramp, and a concrete cross gutter. Michael was actively involved in coordinating with all project stakeholders, reviewed and approved drafted change orders, assisted in facilitating RFI responses, and periodically reviewed daily reports and reviewed and approved progress payments.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
11 cHuck stagner | CONSTruCTiON iNSpECTOr
SWPPP: Qualified Stormwater Pollution Prevention Planning | OSHA: Occupational Safety & Health
BACKGROUND
Charles “Chuck” Stagner is a long-time experienced construction inspector with over 42 years of experience that also includes his work in serving as a foreman and a superintendent when required.
His strong leadership skills as developed through his work history and past experiences has made him accustomed to handling diverse responsibilities and resourcefully implementing his job tasks while on any given project. As part of his experience, Chuck has obtained in-depth knowledge of California State and County Public Works regulations and procedures, including knowledge in the California Manual on Uniform Traffic Control Devices (MUTCD), California Stormwater Pollution Protection Plans (SWPPP) and Occupational Safety and Health Administration (OSHA) guidelines. Chuck has also overseen the everyday activities of public works and private projects, including all aspects of project cost controls, estimating and bidding, scheduling of equipment, and employees and business activities on as high as $1 million dollar pojects. He has the ability to work independently, or as a team player working with individuals at all levels. Chuck ambitiously desires to utilize his skills and experience in the construction field and help provide leadership to others.
EXPERIENCE
CalTRanS, PRIvaTE & PERmIT PRoJECTS
The City of HuntIngtOn beacH
Chuck provided construction inspection services in implementing construction improvements and rehabilitation on civil roadways and streets within the City of Huntington Beach. The work was conducted on behalf of Caltrans on public permitting and private projects that consisted of maintaining budget controls, responding to and making recommendations on RFIs and RFQs, and conducting weekly and monthly meetings. On these civil road improvement projects, Chuck was tasked with verifying that each project accurately followed the California Manual on Uniform Traffic Control Devices (MUTCD), California Stormwater Pollution Protection Plans (SWPPP) and Occupational Safety and Health Administration (OSHA) guide lines throughout the construction process. Chuck also coordinated and consolidated between stakeholder agencies and the contractor, effected residences and local businesses as the main contact liason.
gRaDIng, PavIng & UTIlITy REloCaTIon PRoJECTS
The City of cHatswOrtH
Chuck provided his skills and abilities in construction inspection services to the Los Angeles County Public Works Department within the City of Chatsworth, where he also would serve in the capacity of both a foreman and superintendent. For these projects, the work consisted of roadway grading and paving, as well as underground utility relocations and retaining structure work. Part of the work Chuck was tasked with required schedule drafting and adjustments, reviewing and making recommendations on as-built plans, verifying billing, coordinating with sub-contractors and coordinating with utility agencies. Chuck also held Business Management Professional certification through the course of his services.
UnDERgRoUnD UTIlITy InSTallaTIon anD PS&E
The City of anaHeIm
Chuck served as the Construction Foreman as well as providing construction inspection services within the City of Anaheim where he oversaw Public Works projects. In this capacity, Chuck worked closely alongside the Project Manager on establishing, verifying and implementing project quantities and billings.
Additional responsibilities included monitoring project scheduling, oversight of wet and dry underground utility installation, monitoring and coordinating with the subcontractors alongside up to 25 employees.
These projects required a complete understanding of the job specifications, RFI’s, and OSHA requirements.
A highlight project included the $11 million dollar Cathedral City Project, DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
12 mark Luera | CONSTruCTiON iNSpECTOr
Public Works Interpretation & Estimation, Citrus College
BACKGROUND
Mark Luera is a public works inspector with over 16 years of experience involving a variety of public works projects. His education at Citrus College involved coursework on Public Works Plan Interpretation and Estimations which entailed plans and estimate time interpretation alongside public works material, labor and equipment standards and requirements. He is thoroughly familiar with County of Orange Public Works regulations, codes and process. His experience also includes working for the County of Los Angeles and City of Manhattan Beach as an Inspector, delivering exceptional multi-tasking capabilities with effective time management techniques. His responsibilities involved inspection of roadway, catch basin and storm drain reconstruction and repair, verifying conformity to plans and specifications, retrieving samples, compiling and reviewing materials, labor records, preparing test specimens and assisting and conducting field tests. Mark additional handled the inspection of concrete and asphalt installation, responded to contractor submittals, schedules, and requests, and verified compliance of pollution measures for the interest of public safety. Mark concurrently worked in the field permit offices, issuing permits for encroachments within the County right-of- way, where he interacted with the public, developing public outreach experience by answering questions and resolving complaints and providing input for local and public agencies. In demonstrating strong communication skills and ability to establish a rapport with the public.
EXPERIENCE
loTUS avEnUE PavEmEnT PRESERvaTIon
The County of LOs angeLes PubLic wOrks
Mark served as Construction Inspector for the County of Los Angeles Public Works Department. The goal of the project was to preserve 8.9 miles of residential roads located in the community of East Pasadena bounded by Del Mar Boulevard, Rosemead Boulevard, Huntington Drive, and the Cities of San Marino and Pasadena. The scope included pavement prep-work, parkway improvements, concrete panels along roadways and driveway approaches, and curb ramps upgrades. The proposed construction work involved micro-milling to improve road ride-ability, scrub seal to seal existing cracks, and slurry seal to preserve the pavement and provide a smoother, more finished driving surface. Mark provided project cost estimations, document preparation including environmental study documents, and preliminary design.
PEllISER vIllagE ConCRETE RESToRaTIon
The County of LOs angeLes PubLic wOrks
Mark served as Construction Inspector for the County of Los Angeles Public Works Department on the Pelliser Village Concrete Restoration Project, located at Banducci Road, from Stallion Springs Drive to Pelliser Road. Mark was responsible with overseeing project cost estimations, pavement and striping installation, rehabilitation, repair and improvement, and document preparation. This safety and complete street component project consisted, in general, of paving approximately 1.3 miles of roadway shoulders.
The goal of the project was to help alleviate the PM-10 problem in the area, create added safety for motorists and avoid potential accident-risk situations by providing a paved surface that would allow for easier vehicle handling, while also providing additional driving correction roadway and reduce “run off the road” type of accidents.
WEST PUEnTE vallEy faIRgRovE avEnUE PavEmEnT RESToRaTIon The County of LOs angeLes PubLic wOrks
Mark provided Construction Inspection services located at the West Puente Valley community bounded by the City of La Puente, Sunset Avenue, Fairgrove Avenue and Willow Avenue. The goal of the project was to preserve 6 miles of residential roads and included sidewalk, crosswalk and landscape safety rehabilitation and repair, pavement rehabilitation, new ADA curb ramp installation, pavement prep-work and preservation, parkway improvements, curb ramps upgrades, and traffic signal, lighting and signage rehabilitation and repair. The proposed work included micro-milling to improve road ride-ability, scrub seal to seal cracks, and slurry seal to preserve the pavement and provide a smoother, more finished driving surface.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section B: Firm’s Qualifications, Experience and Background 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
13 maiHan nOOrZaY, mS, PE, gE, qSD, qSP
PRINCIPAL ENGINEER
qUalifiCaTionS
BS: Civil Engineering ( specializing in Structural Engineering ) - University of California, Irvine, 2007 MS: Civil Engineering ( specializing in Geotechnical Engineering ) - Cal Poly Pomona, 2014 PE: Registered Civil Engineer - #C77901 | GE: Geotechnical Engineer - #3085 | QSD/QSP: Qualified SWPPP Developer & Practitioner #23878 | Radiation Safety & Nuclear Gauge aBoUT
Maihan has over 15 years of experience serving as a Project Manager and Project Engineer. His experience involved projects that included roadways, bridge structures, freeway widenings, parking structures, and landfills. His tasks on these projects involved project plans and specifications review to verify consistency with the soils report, review of daily field reports and laboratory test results to verify the accuracy of the project plans and specifications, and technical and budget oversight during construction. His field experience includes field observations, monitoring, and testing of grading operations that included fill and backfill placement, subgrade preparations for foundations and pavements including overexcavation requirement verification, in-situ BAT permeameter testing, rammed aggregate pier installation quality assurance, forensic distress inspections, Cast-In-Drilled-Hole (CIDH) borehole logging and quality assurance, and oversight of investigation drilling operations. Maihan has also completed hundreds of soils reports for various conventional structures including implementation of subsurface exploration programs, assignment of laboratory testing, engineering analysis, and final report preparation. He has laboratory management experience performing characterization and construction soils tests as needed.
ExPERiEnCE
gREE n TREE B oUlE vaRD To yaTES R oaD ExTEnSIon PRoJECT
VICTORVILLE, CA
As the Project Engineer, Maihan prepared the Materials Report for Green Tree Boulevard to Yates Road Extension Project in Victorville, California. The project extended from 500 feet west of Green Tree Boulevard from its intersection with Hesperia Road and continued east over the BNSF railroad tracks to merge with Ridgecrest Road and Yates Road. At the western limit, the alignment also included a portion of Hesperia Road from approximately 400 feet north of its intersection with Green Tree Boulevard to Coad Road to the south. At the eastern limit, the project alignment split and continued onto Yates Road, heading north to its intersection with Park Road and extending south on Ridgecrest Road to approximately 1,000 feet south of Chinquapin Drive. The project scope of services included reviewing available reports prepared by project personnel, a field investigation and associated laboratory testing, engineering analysis and preparation of the Materials Report suitable for submission to Caltrans. lEnWooD R oaD gRaDE SEPa RaTIon PRoJECT
BARSTOW, CA
Maihan was the Quality Assurance Manager on the $32 million dollar Lenwood Road Grade Separation Project as part of the Alameda Rail Corridor East Project for the City of Barstow. The project was intended to facilitate the flow of both vehicular and freight rail traffic though the City of Barstow. This project developed a grade separated crossing along Lenwood Road over the existing BNSF tracks. The improvements include the widening of Lenwood Road from two lanes to four lanes between Main Street and Jasper Road.
The grade separation allowed for improved emergency response time and reduced congestion and in turn improved the air quality of the surrounding area. Maihan provided Quality Assurance management involving testing services for construction materials at the direction of the Project Managers of Simon Wong Engineering. The scope of work included compaction, concrete and materials testing of many aspects of the project such as mechanically stabilized earth walls, structural fill and embankment, and sewer improvements.
NoorzayGeoNoorzayGeo
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 aPPRoaCH To PRoJECT managEmEnT
The City of Rialto is requesting Project Management
services that will include attending meetings,
assessing and establishing project goals,
strategies, communicating with the City
to keep them apprised of a project’s
status, providing agendas and minutes
for various meetings, preparing and
submitting project scheduling
progress updates, monitoring and
controlling a project schedule
and cost limitations, budget and
quality, along with proactive
general Project Management
services.
By implementing this approach,
we feel that we are pro-actively
making sure of top quality and
successful management of any
given project, as these steps
correlate to the:
Project
Management
Institute
Standards for Project Management.
OE will fulfill the City’s needs and comply
with all statutory and regulatory obligations
with emphasis on safety, quality, schedule
and maximum cost effectiveness. Our team pride
themselves on the quality of the engineering services
provided, making great efforts to assure that each project is of the highest quality, exceeding the needs and expectations of our valued Clients.
qUaliTy PoliCy SySTEm ComPonEnTS
qUalITy aSSURanCE &
qUalITy ConTRol manUal
(Design & Construction Projects )
THE STanDaRD
oPERaTIng PRoCEDURE
THE PRoJECT qUalITy
ConTRol Plan
(The Project & Site Specific QC Plan)
DEfaUlTED oR TERminaTED PRoJECTS
OE has delivered all required services on its projects and does not have any projects on record that has resulted in default and/or termination, nor any excessive delays or liquidated damages imposed.
CommUniCaTion & PRoJECT ConTRolS
OE utilizes a set of technology-based project controls to manage the costs, schedules, and documents, thereby advancing project progress. The following sections demonstrate our ability and competence in delivering our construction management and support services to the City of Eastvale while maintaining document control, safety, and communication with the general public. 3 Direct Execution
Manage Execution
Provide QA
Manage Team
Manage Stakeholders
Distribute Info
execute
5 Close-Out Project
Prep Discoveries
Document Compliance
cLOsing
1 Develop Goals
Visit Job Site
Establish Objectives
Identify Stakeholders
initiate
4 Monitor & Control
Report Problems
Verify Scope
Monitor Scope
Control Schedule
Control Cost
Perform QA
c
O
n
trO
L
2 Define Scope
Select Team
Calculate Budget
Calculate Schedule
Communication
Doc. Control
PLa
n
5 steP
aPPrOacH
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
14 understanding On-caLL cm/insPectiOnc:
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 PRoJECT mEETingS
OE will set up a pre-construction and bi-weekly construction meetings with City staff to discuss the scope of work, objectives, criteria, technical requirements, and project schedule. OE is ready to collaborate and deliver on any given project, and can allocate appropriate resources and withstand external factors. Our team uses Microsoft Teams to collaborate on projects, both internally and with our clients. This allows us to setup live video conferences for status meetings, review plans digitally with the City, and provide clarifications and talk through any issues or concerns. It is important that the scope of work and schedule be reviewed and finalized by the City at the kick-off meeting to ensure a smooth and successful project. OE will also meet with the City in the office or in the field as many times as necessary to reach an understanding of project objectives, schedule, terms of contract and other design related issues.
BID & ConSTRUCTIon SUPPoRT
OE will attend the Pre-Bid Meeting and provide technical assistance and respond to questions concerning the plans and specifications. We will provide ongoing support services during the bid phase. We will respond to RFI’s, making revisions to the PS&E if requested, prepare and issue addenda as required. OE will also attend the Pre-Construction meeting and provide technical assistance and respond to questions concerning the plans and specifications. OE will provide ongoing support services during the construction phase. We will respond to RFIs, make revisions to the PS&E if requested, review and respond to project submittals, prepare and issue field sketches, assist with change order analysis, participate in the final walk through, prepare the project punch list and complete the project “As Built” documents DoCUmEnT ConTRol
OE operates on a HIPAA Certified, enterprise grade, cloud filing system that will be used on all documents and folders to ensure proper documentation and transparency. We map all of the City’s standards, folder structure, templates and document formats and store it on our cloud-based ENTERPRISE account for implementation. This cloud-based account allows for secure, remote access and review of our entire filing system by City staff, to ensure that documentation and filing is done in compliance with the project requirements. Each City staff member attached to the project will be able to select a password which provides access to view, upload, or download any of the project files (PS&E/Schedule/Utility Logs/Field Observations/Daily Reports/Photo Diaries, etc.) without having to change the City’s existing IT framework. This document control system is also compliant with Caltrans’ LAPM filing requirements. Additionally, this flexibility allows the City staff access to the project files anywhere and on any device, as well as provide access to select files (like photos) to other collaborators.
CoST ConTRol
Cost control is a very essential element for the successful delivery of a project, in which OE provides:
aDvanCED finanCial SofTWaRE & aCCURaTE BUDgETS
One of our core corporate philosophies is honesty and transparency, and costs and budgeting is no exception. We use Advanced Financial Software to prepare invoices and reports, which allows the City to request billing statements at any time in the billing cycle. We can also send a real-time report of hours and expenses, letting the City easily compare proposed resources to resources used and/or remaining. The most critical step is making sure the budget is as reliable and as accurate as possible, and falls within the City’s allotted budget. OE prides itself on being flexible and being able to reduce project costs or staying within the budget.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
15 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 .
SCHEDUlE ConTRolS
OE will provide all necessary coordination hours required to ensure that the project remains on schedule. We believe that management requires proactive management in order to address issues before becoming a critical item and to avoid delays and problems. To keep projects efficient, on track, and to maintain transparency, our investment in scheduling tools include Microsoft Project
MICROSOFT
PROJECT and Microsoft Primavera (P6) MICROSOFT
PRIMAVER A along with course work training and execution participation by our in-house staff. When OE is awarded a contract, our team updates the schedule with the Notice to Proceed date. This is then imported into our proprietary solution “Onward Collab” which the City will then have full access to. From there, OE can seamlessly document and assign tasks and subtasks. The result is that the details and the progress of the project would be available at all times to be tracked by the City and by our QA/QC team in real-time. Project Managers are then enabled to assess the workload of every team member at any given time, so that immediate adjustments can be made to the project. The City would then have immediate access to all change details. This system also allows for back and forth dialogue regarding a specific task or subtask and can be centralized and reviewed at any point. Another view that can be utilized is the Board View involving buckets of tasks representing a team member.
PUBlIC oUTREaCH
Having a plan for minimizing interruption, garnering public support, and maintaining a positive public perception throughout construction is critical to the overall success of a project. As such, we place an emphasis on public outreach and the dissemination of project information to affected stakeholders.
We inform the public because it translates to less complaints, safer construction sites, and a smooth construction schedule.
TElEPHonE HoTlinE
The City will be provided with a telephone hotline as the contact number for the duration of the project life cycle. Call logs with caller information, time of call, and voice-mail can easily be tracked, generated and saved. Upon setup, callers are greeted by a brief pre-recorded introduction, after which a vocalized menu will offer helpful project information (ie. street closures, parking restrictions and schedule changes) with the option to be routed to a task specific staff member. This system is customizable, and it works even if phases are handled by different consultants, where the contact person can be changed throughout the course of a project. This means less headaches for the City, and it provides peace of mind to the community, knowing the option to voice their concerns and obtain information is a phone call away.
PUBliC noTiCES
OE produces, supplies, posts, distributes
and updates all public notices (PDFs)that
provide pertinent project information and
updates to effected residents, which we
will prepare for the Contractor on behalf
of the City and distribute to the residents.
These notices are a great way for residents
to be made aware of the project, to actually
read the notices, and to follow any driving or
parking restrictions.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
16 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 infoRmaTivE WEB PagES
OE offers informative web pages hosted on a separate sub-domain linked directly to the City’s website. This allows OE to directly produce and update project information and updates, and dynamic maps (shown below) without requiring City time and resources through the process. The website also includes public notices (PDFs, as shown on the prior page). web page sample
inTERaCTivE WEB maPS
OE supplies interactive and dynamic maps to keep the public informed. Stakeholders can access our maps online for updates on detours, phasing, temporary parking, street closures, and general project information. OE manages and updates the site and content in real-time in accordance with City requirements. This provides the City with easy-to-access content for oversite and to disseminate valuable information.
Casa Loma DrCasa Loma Dr
Gold Rush DrGold Rush Dr
San Leandro DrSan Leandro Dr
S Diamond Bar BlvdS Diamond Bar Blvd
Golden Springs DrGolden Springs Dr
Palomino Dr.Palomino Dr.
ArmitosArmitos PlPl
Prospect Valley DrProspect Valley Dr
BallenaBallena DrDr
Pomona FwyPomona Fwy
T o view project pages and map, please visit:
www.oe-eng.com/dbarea5
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
17 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 oRangE vEST aPPliCaTion
Orange Vest © is a proprietary tool (web application and iOS application) which streamlines and organizes construction documents, built with the inspection team in mind. Orange Vest allows the CM and Inspector to document work in real- time, and to have field quantities, materials, labor, and equipment automatically update Quantity Sheets, Earned Value Charts, Cost Over Time Charts, Quantity Over Time Charts, and Percent Complete Over Time Charts. It also allows the team to proactively monitor bid items that are nearing 75% complete and keep track of any overages.
The Orange Vest © application allows users to generate Field Notifications (Incident Reports), manage Punch-Lists, automatically generate Weekly Statement of Working Day reports, manage Potential Change Orders, Unit Price Change Orders, and Contract Change Orders. On the Construction Management side, it allows users to review and approve/reject submittals and respond to RFIs. The value of this tool is unprecedented. It took our team over 4 years to develop, and it includes input from former County, City, and Public Works Professionals and Supervising Inspectors.
The following showcases further details, features and usages of this tool:
liST of fEaTURES
View project dashboard, prepare comprehensive daily reports, automatically generate weekly statement of working days, view product quantities to approve progress payments, prepare change order leveraged by real team data, access project files, sign and countersign reports, file field notifications and incident reports, submit and review construction submittals, prepare and respond to requests for information, and more.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
18 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 DaSHBoaRD aT a glan CE
The project dashboard provides project’s progress at a glance to see if days are remaining, missing or incomplete daily reports, time has elapsed, the estimated earned value ( automatically updated with each published daily report ), an hour-by-hour weather forecast breakdown, and charting tools and numbers.
DaSHBoaRD: In-DEPTH
There are 3 charts currently available: Cost Over Time (viewed for the project as a whole, or for up to 3 bid items at a time); Quantity Over Time Chart (showing the cumulative & the day/week/month totals as a whole or individually); Percent Complete Over Time Chart (can be viewed or as individual bid items-up to 3 at a time).
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
19 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Daily REPoRTing
The daily report dashboard gives the inspector his daily information at a glance. The top bar allows the inspector to jump into work performed ( to track labor, equipment, and quantities completed ), PCO (potential change orders ), notes, tickets, punch list, and weekly recap.
BiD iTEmizaTion
No more typos or inaccurate bid items. These bid itemizations are pulled directly from the bid sheet which is uploaded to the system as a CSV file ( or manually input ) after which labor and equipment hours are ready to be added to it, or to add quantities performed that day.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
20 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 PRoJECT ClaSSifiCaTionS
Once you add a bid item, select the classification, and the system will filter only the personnel and equipment that fit that classification. You only need to type out the name and description once, and it is available throughout the project. If you prefer to put the name and description first, you can do that and the system will show you a list of classifications assigned to that person and equipment. noTaTion
Notes are easy to input. They can be formatted & rearranged. You can use voice text to dictate your notes when you are in a rush. Then you can edit those notes later if needed. You can also assign notes specifically to a bid item, or you can type them out as general notes.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
21 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 PHoToS managEmEnT
Photos can be snapped within the app, or uploaded from the photo library. Add photos, caption them, and rearrange to tell a visual story. Let Orange Vest © do it for you. Also, the system captures as many photos as you take. Photos that are not included will automatically save as separate image files. qUanTiTy moDUlE
This shows quantities for any time period. You can view the quantities for the “prior period”, “to date:”, or “remaining”. Tapping the bid item provides a drop-down menu showing the breakdown of that bid item.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
22 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 qTy moDUlE BREaKDoWn
The quantity module breakdown shows you the quantities performed for any period selected, along with a breakdown of every day where a daily report recorded work for that bid item.
MINIMIZE CHANGE ORDERS
In providing full-service construction management and inspection services, we will minimize change orders and make sure that the change order costs are precise and practical by determining the necessity of the change order, reviewing a material and labor breakdown to verify accuracy, and check to see that all equipment, labor, and material quotes meet current market-rates.
Da Ily PH oT o DI aRIES
will be prepared daily, and will
be available to City personnel at
the start of the next working day
or sooner. The proprietary tool
will also make this faster, with
City staff having access to the
photos as part of the actual DCR
at the close of every day’s work
activities.
qUan TITIES
will be updated daily, pulling
information from all published
DCRs. The City can login and
see Quantities at any point in
the project. Alerts at 75%, 100%,
and overages will go to all City
personnel and our CM team so that
we can be proactive in managing
the work of the Contractor.
maTERIalS TICKETS
will be scanned and available at
the start of the next working day.
fIE lD noTI fICa TI on S
will be prepared in real-time and made available to the City.
They include incident report details, date, time, and weather, and any corrective action necessary.
WEEK ly ST aTE mEnT of W oRKI ng Day S
will be automatically prepared every Sunday utilizing the data in the DCRs and will be forwarded to the City’s Construction/ Project Manager for review.
Da Ily Con STRUCTI on REPoRTS
will be prepared daily, and will be available to City personnel at the start of the next working day. In addition, OE uses a proprietary construction reporting tool called Orange Vest, which makes the DCR, Photo Diary, Quantities, and Potential Change Order items available in real-time. As soon as the daily construction is completed, the Inspector will publish this report and the City will have access to it.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
23 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Cm & inSPECTion SCoPE of WoRK
PHase 1: PRE-C0NSTRUCTiON
DELIVERABLES Meeting Agenda Meeting Minutes.
PRE-ConSTRUCTion m EETing
1 The Construction Manager will arrange and conduct pre-construction meetings and answer questions for the City, residents and businesses.
The Construction Inspector will attend pre-construction meetings and answer questions as needed.
DELIVERABLES Plans Specifications Markup
ConSTRUCTaBiliTy REviEW
2 The CM will review the PS&E to become familiar with the project. The CM will run the initiation of project controls at this phase as well as review and comment on the Contractor’s preliminary schedule, submittals, and notifications to utilities. The CM will arrange and conduct pre-construction meetings and answer questions from the City and businesses. The CM will meet with the inspector to review the contractor’s plans for traffic control, detours, shutdowns and access for emergency vehicles.
The Inspector will review the PS&E and become familiar with the Contractor’s preliminary schedule while making suggestions to the CM. The inspector will also Allows our team to convey all project specific information and key items and allows the OE team to gain a clear understanding of the project requirements and City goals.
BENEFITS
DELIVERABLES RFI Responses RFI Log
Rfi CooRDinaTion
3 The CM will review RFI’s, samples, shop drawings, and coordinate with the project designer for interpretation. The CM will also conduct meetings with the Contractor to discuss and resolve any RFIs.
The Inspector will assist with background and clarifications, and provide field data for necessary RFI information.
Quick & accurate responses to Contractor to minimize delays.
BENEFITS
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
24 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 DELIVERABLES Submittal Log Stamped Submittals Submittal Recommendations SUBmiTTal REviEW
4 The CM will process and track submittals, shop drawings, change orders, and revisions, and review estimates for reasonableness and cost effectiveness.
The Inspector will provide aid with background, clarifications, and provide field information as necessary.
Checks that all contractor materials and notices comply with PS&E.
BENEFITS
DELIVERABLES Paper & Digital Copies of Construction Documents ConSTRUCTion D oCUmEnTaTion
5 OE will work with the City to implement a system for organizing, tracking, filing, and managing paper/electronic correspondence including letters, information requests, submittals, contracts, reports, O&M manuals, progress payments, and change orders, etc. The CM will establish job control documents: DCRs, weekly & bi- weekly status reports, weekly statement of working days, construction change orders, certified payroll records and labor compliance documents. The CM will receive, log, and document monthly construction payments, material receipts, weigh certificates, and material submittals
The Inspector will coordinate with the CM for all project records, including: DCRs, correspondence, submittals, Contract Change Orders (CCOs), progress payments, Lab and Field Test Reports, Materials Delivery Tickets and Compliance Certification, Progress Reports, Progress Photos, and Meeting Minutes, guarantees, certifications, affidavits, leases, easements, deeds, O&M manuals warranties, and all other necessary documents. This information is made available to the City in real time using our cloud- based system Box Enterprise.
PHase 2: CONSTRUCTiON
DELIVERABLES Meeting Agenda Meeting Minutes Weekly Statement of Calendar Working Days Report
mEETingS
6 The CM will schedule and conduct weekly progress and dispute resolution meetings as necessary to discuss contract issues, procedures, progress, problems, CCOs, submittals, RFIs, deficiencies and schedules. These meetings will be conducted weekly at the initial stages, and then may transition to biweekly.
The Inspector will attend progress meetings to communicate, coordinate and resolve any issues that may arise at the job site.
Provides open discussion about milestones & issues which are then applied toward verifying City PS&E compliance.
BENEFITS
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
25 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 DELIVERABLES Construction Schedule Updates 4-Week Look-Ahead Schedule SCHEDU lE REviEW
7 The CM will review schedule updates. The CM will compare work progress with planned schedule and notify the Contractor of any slippages and pursue options to get the Contractor back on schedule. The CM will obtain weekly updates from Contractor that incorporate progress, weather delays, and CCO impacts. The CM will assist the City in negotiating time extensions and submit monthly progress reports to the City with a narrative on the progress and complete an Earned Value Analysis, and review and verify quantities of work.
The Inspector will review construction progress schedules regularly, verify schedules are on track, identify deviations, and ensure corrective actions are taken to bring the project back on schedule.
Provides a solid baseline schedule for planning and analysis of the project.
BENEFITS
DELIVERABLES Monthly Report
monTHly STaTUS REPoRTS
8 The CM will prepare monthly reports highlighting project progress, CCO’s, cost issues, and schedule.
WaTER qUaliTy anD SWPPP
9 The Inspector shall monitor and enforce the Contractor compliance with Water Quality Control Plans. The Inspector will also oversee Contractor’s Storm Water Pollution Prevention (SWPPP) responsibilities.
Clear communication and records to Contractor.
BENEFITS
DELIVERABLES Community Coordination Records ( Includes Business Name, Contact, Phone Number & Address ) Discussion Notes, Date & Actions Taken CommUniTy CooRDinaTion
10 The CM shall serve as primary contact and authority for this task. Respond to questions and concerns of community, and coordinate with the Inspector to ensure project notices and signs are updated. The CM will assist the City with coordinating services of other consultants and review Public Notices to ensure accuracy and to avoid business impacts. The CM will notify the City’s Project Manager with any significant issue, and work with the Inspector to compile a log of all queries and discussions with business community.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
26 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 The Inspector will work with the Contractor to update signs within project limits, and coordinate with the Contractor, safe and acceptable access to adjacent businesses during construction. The Inspector will coordinate the mitigation of construction impacts with all necessary parties, and ensure all Public Notices are distributed to each business affected by the project.
Minimizes construction impact to residents and businesses.
BENEFITS
DELIVERABLES Daily Reports Weekly Statement of Working Days Daily Photo Diary Image File Video File
ConSTRUCTion in SPECTion
11 The CM will work closely with the Construction Inspector and review Daily Construction Reports (DCRs) provided by the Inspector.
The Inspector will prepare DCRs and WSWD, monitor compliance with City’s Construction Demolition & Recycling Ordinance, review soil compaction and materials testing certifications of compliance, coordinate with the City regarding quality of work completed, take photos and video prior, during, and after construction and prepare Daily Photo Diaries. The Inspector will prepare field blue-line set of drawings to incorporate Contractor record drawing markups. Lastly, assist in monthly progress payment recommendations by making measurements of bid items.
Checks active jobsite monitoring with documentation and project progress. Also, provides notes on labor, weather, progress, key items, and field observations. Clear documentation of existing condition, progress of construction, and final field conditions.
BENEFITS
DELIVERABLES Traffic Control Notes
TRaffiC ConTRol
12 The Inspector will coordinate with the CM and will provide inspection of traffic- related work and installations, monitor traffic control to maintain pedestrian and vehicular safety, with minimal disruption, safe access, control of traffic, and provide inspection of all traffic-related work.
Allows us to maintain safe traffic flows during construction.
BENEFITS
DELIVERABLES Safety Infraction Reports
JoB SafETy ComPlianCE
13 The CM will work with the contractor to implement job safety procedures in compliance with CAL-OSHA requirements, and monitor Contractor’s compliance with established safety protocol.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
27 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 The Inspector will monitor job safety procedures in compliance with CAL-OSHA requirements, monitor the Contractor’s compliance with established safety program, document deficiencies and hazards, and investigate, report on accidents, observe construction safety, public safety and convenience, and report discovered problems to the City.
Produces a safe and successful construction project from inception to completion.
Also, verify full Federal, State and local safety standard compliance.
BENEFITS
DELIVERABLES Change Order Notes & Recommendations.
CHangE oRDERS
14 The CM will establish, implement and coordinate systems for processing all contract change orders; review and evaluate, via an independent cost estimate, cost proposals submitted by the contractor for all contract change orders; negotiate CCO and prepare using City’s standard format and give recommendations; perform quantity and cost analysis for negotiation of CCOs; analyze any additional claims and perform claims administration including monitoring, logging, and tracking claim status; & evaluate cost reduction proposals to provide recommendations to the City.
The Construction Inspector will maintain data for change orders and record information regarding time of dispute, time of notification by contractor.
Provides a clear documentation review and recommendation for change orders to maximize value of contract.
BENEFITS
DELIVERABLES Verification of Accurately Kept Records of the Quantities Installed Provide Feedback
PRogRESS PaymEnTS
15 The CM will track quantities of work completed for progress payment, develop & implement procedures for review & process of progress payment applications, assist the City with review, certification, and process of payments. The CM will keep track of monthly progress and access the contractors’ progress payment applications. If the CM notes any discrepancies, the differences will be negotiated with the contractor before processing payments through the City’s PM.
Provide accurate measurements of work completed by the Contractor.
BENEFITS
DELIVERABLES Contractor Certified Payroll Pecords) Construction Manager Payroll Review Notes Employee Interview Forms & Reports
laBoR ComPlianCE
16 The CM will monitor compliance with Prevailing Wages and ensure compliance with Federal Labor Laws & the Davis- Bacon Act. The CM will ensure contractors submit certified payroll reports and that labor and hours reported by the Contractor match DCRs.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
28 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 The Inspector will conduct field construction employee interviews & verify/ document job-site posting of wage rates & labor compliance posters.
Checks for full grant funding compliance.
BENEFITS
PHase 3: POST-CONSTRUCTiON
fInal WalK-THRoUgH & I nSPECTI on
17 The CM will recommend and conduct a final inspection with the City Staff and project design consultant.
The inspector will conduct final inspections, close-out encroachment & construction permits.
Confirmation to stakeholders of work having been completed.
BENEFITS
DELIVERABLES Inspector’s & Contractor’s Red-Lines Designer Coordination Records Final As-Built Documentation
aS-BUilT PlanS
18 The CM will maintain as-built work records and activities during construction and will transmit Contractor and IOR red-lines for incorporation into as-built plans, review plans to ensure accuracy and quality, and deliver as-built drawings to City.
The Inspector will review the Contractor’s as-builts daily and verify the Contractor keeps these records up to date throughout construction, and will coordinate the preparation and submittal of as-builts.
Representation and documentation of field changes made during construction along with accurate records.
BENEFITS
DELIVERABLES Preliminary & Final Lists Inspector’s Non-Compliance Notices & Notes PUnCH liSTS
19 The CM will issue preliminary & final punch lists, and monitor and follow-through with Contractor until completion of punch list items. The CM will review and distribute the Inspector’s notes regarding non-compliant work items and recommend mitigating procedures. The CM will also finalize the bid items, claims, change orders, punch list items, correct shop drawings, and oversee the completion of record drawings Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
29 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 The Inspector will prepare in-progress punch lists at completion of each project phase until completion. The Inspector will direct and notify contractors about non- compliance and correct compliance problems as discovered Clear communication and records to Contractor. All non-compliant items are noted and fixed prior to notice of completion.
BENEFITS
DELIVERABLES Non-Compliance Notes
non- ComPlianCE iTEmS
20 The CM will review and distribute the Inspector’s notes regarding non-compliant work items and recommend mitigating procedures for fixing non-compliance. The CM will also finalize the bid items, claims, and change orders.
The Inspector will direct and notify contractors about non-compliance and correct compliance problems as discovered.
DELIVERABLES Completion Recommendations Report Final Report of Completion ComPlETion REC ommEnDaTionS
21 The CM will evaluate completion of work and recommend final inspection. This includes preparing the Report of Expenditures Checklist and necessary attachments.
The CM will also provide support for construction claims analysis and litigation and will be available for any audits including internal City audits.
The Inspector will provide notes and concurrence to the CM regarding completion of all field work.
Verifies that work items are completed as specified.
BENEFITS
DELIVERABLES Final Progress Payment Notice of Completion Final Report PRoJECT ComPlETion REPoRT
22 The CM will review and process request for final payment and release retention; develop a reasonable cost control system to include regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes and identify variances between costs; file Notice of Completion; prepare final report; review project records.
The Inspector will confirm final field quantities to the CM. The Inspector will provide complete measurements and calculations to administer progress payments and make recommendations for payments.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
30 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 During our many years of Construction Management and
Inspection experience, we’ve come to understand that
success comes through a solid QA/QC plan, implemented
at the onset of a project. OE implements protocol
from a detailed QA/QC manual that defines
roles, responsibilities, expectations, review
requirements, and quality standards of all
documents and procedures within the firm’s
organization.
Our team brings considerable experience
with keeping projects on track - experience
gained on many public works construction
projects in Southern California.
We believe it is imperative that we have a full
understanding of the timeline of each project,
from beginning to end. We can personally build
CPM schedules and handle the monthly updates
with the responsible agencies.
Our Construction Managers will hold
meetings with the contractor to discuss
the status of the schedule and
identify any potential roadblocks or
challenges. They will review each
monthly update promptly and
provide comments or acceptance
after receipt of the submittal from
the Contractor.
We make a point, at the start of
every project, to specifically tailor
the QA/QC program and work plan to
the specific project needs. OE’s team
approach to project controls is to achieve
estimating, cost control, and scheduling
objectives through conscious planning and
execution of the work, and through the
continuous monitoring of cost, schedule,
quantities, and performance.
We’ll
monitor the
contractor’s
Quality
Control
Program.
We’ll
provide quality
assurance and
inspections to verify
work is accurate and
in compliance with
applicable standards
and regulations.
Reports will be kept in
tracking submittals, tests
performed, samples taken,
non -compliance reports,
and inspection/
testing associated
with non-
compliant
work. Our CMs &
Inspectors will review
the contractor’s weekly
and daily schedules
before work begins each day
and closely coordinate with
the Contractor to establish
an understanding of
the critical activities
and work to be
inspected.
ConSTRUCTIon
managEmEnT
qa & qC
PRovIDE
construction
teams with the control
tools and documents to
accurately estimate, plan,
and monitor work to meet
the project’s cost,
schedule, quantities,
and performance.
faCiliTaTE
communications
to provide the City
with the long-term
visibility necessary
to make proactive &
informed decisions.
iDEnTify
opportunities in a
timely fashion so impacts
to cost, schedule, quantities,
and performance are realized and
minimized or avoided. The primary
focus is early identification of
opportunities or potential risks,
then finding alternative solutions
to quickly implement corrective
actions.
imPlEmEn T
tools and documents for control
to support the process of Change
Management and the preparation/
review of change orders for City
approval. The Change Management
Control is used for early warning and
approval control of deviations
in engineering cost, cost of
material and equipment,
and construction
during all phases.
GOALS
wE SET TO
ACHIEVE wHILE
PRO-ACTIVEL Y
MANAGING THE
V ARIOUS ASPECTS
OF PROJECT
CONTROLS.
Section C: Understanding On-Call CM, Inspection and Materials Testing Services 300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
31 DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section D: References and Experience
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
32 Cm & inSPECTion ExPERiEnCE
Our experience is primarily on street and roadway improvements, including grind and overlay, reconstruction, maintenance (slurry and crack sealing), widening, beautification, traffic improvements, and pedestrian accessibility improvements. Our experience also extends to water, sewer, storm drain, and park improvement projects, as well as water main utilities check and relocation, drainage and sewer maintenance and reconstruction.
A summary of our projects related to CM and inspection includes the following:
Albert Mendoza, PE, Deputy Director of Public Works | 323-887-1200 x469 [email protected] | 1600 W Beverly Boulevard, Montebello, CA. aRRoyo DRivE ImPRovEmEnT PRoJECT
The City of
monTEBEllo
2021
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Rash Syed Ignacio Ochoa
OE provided turnkey construction management and
inspection services to the City of Montebello. The
project limits are on Arroyo Drive from Astra Drive to
Glen Avenue. This project includes pavement rehabilitation (2”-3” grind and overlay), ADA ramp, curb and gutter, and driveway repairs, storm drain improvements, and associated improvements. The budget for this project is $1,239,085 made up of STPL Funds ($1,063,000) Measure R ($146,045) and Prop C ($30,040) funds, and full compliance with all applicable requirements was essential. The project limits on the north side are adjacent to the back-lot of St. Joseph’s Salesian Youth Retreat Center and Don Bosco Technical Institute. Coordination for parking access was vital. The Astra Drive neighborhood (cul-de-sac) and Potrero Heights Park and Community & Senior Center at the west end of the project limits also required coordination, since the parking lot and residential neighborhoods can only be accessed from Arroyo Drive.
Beth Overstreet, Engineering Manager | (310) 618-3074 [email protected] | 20500 Madrona Avenue, T orrance, CA 90503 DoWnToWn PEDESTRian ImPRovEmEnT PRoJECT - T-115
The City of
ToRRanCE
2018-2019
DATE
PROJECT
TEAM
Majdi Ataya Justin Smeets Rash Syed
OE provided Construction Management and Inspection to
the City of Torrance. The project seeks to provide a more attractive pedestrian environment along Cravens Avenue
from Carson Street to Torrance Boulevard. The work encompassed construction of uniform, spacious, and ADA-compliant sidewalks, new decorative LED street lights, improved landscaping, roadway pavement rehabilitation, new curb and gutter, benches, bike racks, and pedestrian signage. The water mainline located under the sidewalk was relocated under the roadway to provide improved access for future repair work.
The work also included replacement of the sidewalk, curb and gutter, and curb ramps; roadway repair; and replacement of traffic signs.
Mark Trestik, Assistant City Engineer | (949)497-0300 | [email protected] 505 Forest Avenue, Laguna Beach, CA. 92651
STREET & SlURRy SEal REHaBiliTaTion - PHASES I, II, III The City of lagUna
BEaCH
2017-2020
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Mike Nguyen Tim Stanley Rash Syed OE provided full Construction Management
and Inspection Services for the City of
Laguna Beach on Phases I, II, and III of this
project. The project limits for Phase I (2017) were split into three areas: Area A (Skyline) included 934,523 sf, Area B (Lower Bluebird Canyon) included 158,057 sf, and Area C (Summit Drive) included 185,961 sf.
The project limits for Phase II (2018) covered three different regions: Area A: Canyon Acres Drive/Arroyo Drive/Woodland Drive/Laguna Canyon Frontage Road, Area B: Residential streets in downCity (Loma Terrace, Y Place), and Area C: streets between Thalia Street and Cress Street. The project limits for Phase III (2019) included two areas, Area A: Coast Royal, and Area B: South Laguna Village. These areas are in DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section D: References and Experience
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
33 South Laguna Beach, from the neighborhoods between West Street and 10th Avenue/Sunset Avenue.
The work included variable grind and overlay in some areas, and Type I Slurry Seal in other areas. There was 2,562 square feet of French Drain that was installed in Area A. A 4-inch drain line was connected to a catch basin in Area A as well. The specifications also called for new traffic signal poles at the Skyline Drive, Crestview Drive, and Fern Street Intersections. Lastly, the project encompassed parkway and curb and gutter improvements, signage and striping. Due to the residential element involved, OE provided Web Maps and a Project Hotline for affected residents, keeping them updated and informed through out the life of the project.
Lorenzo Rea, Assistant Engineer | (714) 765-6893 | [email protected] 400 E. Vermont, Anaheim, CA. 92805
nEigHBoRHooD RESiDEnTial STREETS ImPRovEmEnTS-PHASES I & II The City of
anaHEim
2016-2019
DATE
PROJECT
TEAM
Majdi Ataya Ed Fernandez Ignacio Ochoa Tim Stanley
OE provided Construction Management and
Inspection Services for the City of Anaheim on this
project which encompassed street improvements
on a number of residential neighborhoods. The goal of this project was to restore surface integrity, improve the ride quality and safety of the residential streets, and mitigate any potential trip and fall hazards.
These large-scale residential neighborhood rehabilitation projects involved parkway improvements by resurfacing the pavement, removal and replacement of ADA access ramps, sidewalk, curb, cross gutters and concrete aprons, pavement markings, signage and driveway approaches. The project scope of work for Phase I, as split into thirteen neighborhood areas, included: 1 Athena-Omega involving 191,416 sf of asphalt reconstruction & 63,422 sf of slurry seal; 2 Biscanye including 109,760 sf of asphalt reconstruction & 110,483 sf of slurry seal; 3 Devonshire with 245,498 sf of asphalt reconstruction; 4 Jerillee Lane entailing 312,892 sf of asphalt reconstruction & 63,422 sf of slurry seal; 5 Key Lane/ Westchester including 933,402 sf of asphalt reconstruction & 664,515 sf of slurry seal; 6 La Reina involving 554,186 sf of asphalt reconstruction; 7 Rowland with 48,714 sf of asphalt-reconstruction & pavement resurfacing; 8 West-Westmont Drive involving 1,795,739 sf of slurry seal & 756,645 sf of asphalt reconstruction; 9 Tanglewood included 339,901 sf of asphalt reconstruction, 358,598 sf of slurry seal, & 18,255 sf of sidewalk improvements. In addition, 65 new trees and 30 tree removals were made for the interest of this neighborhood; 10 Rio Bravo with 306,997 sf of asphalt reconstruction, 294,712 sf of slurry seal, 14,029 sf of sidewalk improvements, & 51 new trees with 24 removals; 11 Academy/Bel Air involving 263,302 sf of asphalt reconstruction, 201,012 sf of slurry seal, 4,256 sf of sidewalk, & 30 new trees with 6 removed; 12 Gaymont/Elm Lawn entailed 397,521 sf of asphalt reconstruction, 201,012 sf of slurry seal; 12,842 sf of sidewalk, 3,187 lf of curb/gutter, & 71 new trees with 15 removals; 13 Greenleaf-Hampton with 1,073,430 sf. of reconstruction, 494 tree trimmings, 15 removals & 75 new trees. The project scope of work for Phase II, as split into three neighborhood areas, included: 1 Kings Court Neighborhood involving 1.1 million sf of grind/cap & 1.1 million sf of slurry seal; 2 Velare Neighborhood with 260,677 sf of grind/cap & 327,499 sf of slurry seal; 3 Sabina involving 152,605 sf of grind/cap & 185,494 sf of slurry seal. Coordinating with the local residents was essential on these projects.
Romeo David, PE, Civil Engineer | (909) 477-2740 x4070 | [email protected] 10500 Civic Center Drive, Rancho Cucamonga, CA 91729
UPgRaDE lEfT TURn PHaSES flaSHing yElloW aRRoW Signal-7 loCaTionS The City of RanCHo
CUCamonga
2020-2021
DATE
PROJECT
TEAM
Majdi Ataya Chris Boren
OE provided inspection services for the City of Rancho Cucamonga that entailed removing and replacing the existing left turn signal to flashing yellow arrow at 7 locations (4 on Day Creek Blvd. and 3 on Base Line Rd.) as well as modifying existing medians at Base Line and Spruce (westbound left), Day Creek and Victoria Park (northbound and southbound left), and Day Creek and Silverberry (northbound and southbound left). The median modifications include 4’ shifts to increase and improve sight distance.
This project also included replacing the controller, and minor paving and striping.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section D: References and Experience
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
34 Prem Kumar, City Engineer | (310) 802-5300 | [email protected] 3621 Bell Avenue, Manhattan Beach, CA. 90266
RoSECRanS avEnUE RESURfaCing PRoJECT The City of
manHaTTan
BEaCH
2020-2021
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Mike Nguyen
OE provided the City of Manhattan Beach with Inspection services on the Rosecrans Avenue Improvement Project.
The limits of the project was on the major arterial of
Rosecrans Avenue, from Aviation Boulevard to Village Drive. This segment of roadway is approximately 4,200 linear feet, and the roadway condition varied, with rutting, blocking, and alligator cracking found throughout. Rosecrans Avenue sees heavy daily traffic volume, and it is an important thoroughfare in the City, so it had a high-profile identify. The project entailed cold milling and rubberized asphalt concrete overlay, installation of Tensar GlasPave50, double adjustment of manholes, pavement marking/striping, installation of traffic loops, multiple commercial driveway upgrades, and access ramp upgrades at 8 locations. All eastbound lanes including the left turn pockets of Rosecrans Avenue from Aviation Boulevard to Village Drive were part of the project limits. Construction work was performed at night, adding another level of complexity.
Kimberly Molina Young, Senior Civil Engineer ( now in the City of Fontana ) (909) 350- 7632 | [email protected] | 16489 Orange Way, Fontana, CA 92335 7-yEaR annUal RESIDEnTIal RoaDWay REHaBIlITaTIon The City of DiamonD
BaR
2010-2018
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Rash Syed Chris Boren Tim Stanley Mike Nguyen Rash Syed OE provided Construction
Management and inspection
services to the City of
Diamond Bar on their annual arterial and residential roadway maintenance projects for an annual period of 7 years. Years 2010 and 2011 were awarded as separate contracts. The City awarded us an additional 3-year contract for 2012–2014. In 2015, the City of Diamond Bar awarded us yet another annual rehabilitation project. The project sizes and costs were: 2010: 11.8 miles of arterial & residential streets ($908 K), 2011:
19 miles of arterial & residential streets ($1.8 M), 2012: 10 miles of arterial & residential streets ($1.1 M), 2013: 13 miles of arterial & residential streets ($1.3 M), 2014: 14.5 miles of residential, arterial & collector streets ($1.8 M), 2015: 14 miles of residential, arterial & collector streets ($1.75 M) and 2016/2017: 16.6 miles of residential and collector streets ($1.58 million). The general scope of work for each year’s project included localized R&R patching, grind and overlay, cape and slurry seal, traffic loops, traffic striping, and required heavy traffic phasing and traffic control review. OE assisted the City through the project bidding phase, developing text and stipulations for the bid package to ensure contractor availability during the desired working months. Due to freeway proximity, coordination with Caltrans to obtain encroachment permits for the City on four of these projects was essential.
Daniel Gruezo, Civil Engineer | (310) 318-0661 x2279 | [email protected] 415 Diamond Street, Redondo Beach, CA 90277
InglEWooD avEnUE & flaglER lanE RESURfaCing PRoJECT The City of REDonDo
BEaCH
2020
DATE
PROJECT
TEAM
Majdi Ataya Tim Stanley
OE provided Construction Inspection services to the City of Redondo Beach on the Inglewood Avenue and Flagler Lane
Resurfacing Projects. The project limits are on Inglewood Avenue between Grant Avenue and 190th Street (3,800 linear feet) and on Flagler Lane from 190th Street to Beryl Street (1,060 linear feet) adjacent to the Dominguez Park and Redondo Beach Dog Park. The project includes asphalt and concrete removals, street resurfacing, driveway and alley approaches, cross gutter and spandrel construction, ADA curb ramp construction, utility adjustment, cross gutter replacement, slot paving, signing and striping, tree removal and installation, seal coating, traffic loop detector installation, and other items per plans and specifications.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section D: References and Experience
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
35 Raymond Contreras, Project Manager | (714) 990- 7763 | [email protected] 1 Civic and Cultural Center, Brea, CA 92821
THE TRaCKS aT BREa TRail PRoJECT
The City of
BREa
2016-2017
DATE
PROJECT
TEAM
Majdi Ataya Justin Smeets Tim Stanley
OE provided engineering, constructibility review, inspection, and public outreach services to the City of Brea on this landmark project. What was once a railroad and train depot, was constructed into a 50-acre linear park across four miles. “The Tracks” features a two-way bike trail, with a separate pedestrian path, nine fitness stations, two bike repair stations, seating areas with shade structures, benches, drinking fountains, restrooms, along with interpretive signs along the trail that offer information and photographs on the area’s history, butterfly gardens and low water landscaping.
The trail extends across 6 different segments - Segment 1 was 0.6 miles long, winding through Arovista Park, crossing Imperial Highway, and heading north and traveling through the flood control channel west of downCity; Segment 2 was 0.3 miles, traveling east to Brea Boulevard; Segment 3 was 0.8 miles long, extending from Brea Boulevard and angling southeast to State College Boulevard; Segment 4 was 0.7 miles, running from State College under the 57 freeway and east to Birch Hills golf Course entrance; Segment 5 was 0.6 miles, winding through the golf course to Kramer Boulevard; and Segment 6 was 0.9 miles, running from Kramer Boulevard to the La Floresta perimeter trail.
Kimberly Young , Sr. Civil Engineer (now in the City of Fontana) (909) 350- 7632 | [email protected] | 16489 Orange Way, Fontana, CA. 92335 gRanD avE. BEaUTifiCaTion PRoJECT, fED-HPlUl-5455 (016) The City of DiamonD
BaR
2016
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Rash Syed
OE provided construction management and inspection
services to the City of Diamond Bar for the Grand Avenue Beautification Project. The project consisted of traffic signal equipment replacement, landscape and irrigation improvements, decorative crosswalks, and asphalt pavement rehabilitation of Grand Avenue at Diamond Bar Boulevard and Grand Avenue at Longview Drive.
New decorative traffic signal poles and mast arms were installed within in the existing right-of-way.
Several signal foundations required removal and, due to utility locations, the placement of temporary signal equipment to place a new foundation in the same location. Two of the signal foundations required re-design and engineering calculations due to utility conflicts. A decorative City monument sign was installed east of the Longview Drive city limit, and decorative pre-cast concrete posts and wood rails were installed along the sidewalks and median islands. This was tied together with irrigation, landscaping, tree wells with tree grates including in-ground up-lighting for the parkway trees, and median landscaping with DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section D: References and Experience
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
36 decorative rocks set in a concrete bed. Work also included the installation of decorative sidewalks and ADA ramps with colored concrete and decorative pavers at each intersection. Due to the traffic volume on Grand Avenue, this work was scheduled and coordinated in two phases: inside and outside lanes over two weekends. The removals began on Friday evening, concrete was formed and poured on Saturday, pavers were installed on Sunday, and full traffic operations were restored for the Monday morning peak traffic. The work was completed on time.
T aylor Abernathy, Civil Engineer | (949) 461-3490 | [email protected] 25550 Commercentre Drive, Lake Forest, CA 92630
nEigHBoRHooD PaRK REnovaTionS-CHERRy PaRK - PW 2017-17C The City of laKE
foREST
2021
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Robert Valle
OE is providing Construction Management and inspection
services to the City of Lake Forest on this neighborhood park located on Cherry Avenue, bound by Jeronimo Road
to the west, Trabuco Road to the east, Los Alisos Boulevard to the south, and El Toro Road to the north.
The work entails grading, landscaping, irrigation, site furnishings, a redesigned play area with resilient surfacing, new playground equipment, and a new shade structure.
Michelle Licata, Principal Civil Engineer | (310) 318-0214 [email protected] | 1315 Valley Drive, Hermosa Beach, CA 90254 STREET ImPRovEmEnTS-vaRioUS loCaTionS (CIP 186 & 190) The City of HERmoSa
BEaCH
2021-2022
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Tim Stanley
OE provided Construction Management and Inspection
services for Street Improvements at Various Locations
through out the City of Hermosa Beach. The purpose of
the project was to restore the surface integrity of the streets, improve the ride quality and safety, as well as mitigate any potential hazards by means of pavement resurfacing. The project included 5,135 feet of full depth street repairs, 3,186 tons of grind and overlay rehabilitation, and 38 ADA Ramp upgrades, along with various sidewalk repairs. OE also provided the City with community coordination by means of establishing public accessable online web maps to inform and update the public on the project, as well a the distribution of public notifications.
Eric Villagracia, PM | (562) 902-2373 | [email protected] 15515 Phoebe Avenue, La Mirada, CA. 90638
alonDRa BlvD. TRaffiC Signal & RoaDWay imPRovEmEnTS
The City of
la mi RaDa
2021
DATE
PROJECT
TEAM
Majdi Ataya Joe Zamarripa
OE provided inspection services to the City of La Mirada on this project which covered nearly 1.75 miles of roadway on Alondra Boulevard between Valley View Drive and Mottley Drive. The work entailed traffic signal installations and upgrades, AC pavement reconstruction, cold milling, asphalt rubber hot mix overlay, Type 2 slurry seal, removal and replacement of damaged curb, gutter, cross gutter, sidewalk and curb ramps. Construction will also include adjustment of manholes and water valves, traffic signing, striping, markings, and raised pavement markers.
Romeo David, PE, Associate Civil Engineer | (909) 477-2740 x4070 [email protected] | 10500 Civic Center Drive, Rancho Cucamonga, CA 91729 fy 17-20-125 UniqUE aDa aCCESS RamPS DESignS The City of RanCHo
CUCamonga
2017-2020
DATE
PROJECT
TEAM
Majdi Ataya Chris Boren Joe Zamarripa Mike Nguyen Tim Stanley OE provided Design Engineering and
Construction Inspection services to the City
of Rancho Cucamonga for a consecutive 3
year period. These projects included approximately 292 total ADA ramps which required custom designs DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section D: References and Experience
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
37 for each ramp. The FY 17/18 project included approximately 125 ADA ramps, with 43 additional ramps added by the City. The FY 18/19 project included approximately 112 ADA ramps, with 15 additional ramps added by the City. The FY 19/20 project includes approximately 55 ADA ramps. The ramp work on these projects were completed on an expedited schedule and with short turnaround times.
Albert Mendoza, PE, Deputy Director of Public Works | 323-887-1200 x469 [email protected] | 1600 W Beverly Boulevard, Montebello, CA. n. ConCoURSE avE. STREET ImPRovEmEnT PRoJECT, fy 2020-21 The City of
monTEBEllo
2021
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Joe Zamarripa
OE is providing construction inspection services on the N. Concourse Avenue Street Improvement Project for the
City of Montebello. The project limits are on N. Concourse Avenue from W. Madison Avenue to W. Beverly Boulevard. The work entailed a grind and ARHM overlay, and concrete improvements including gutter, driveway approaches, curb ramps, and sidewalk segments within the project limits.
Albert Mendoza, PE, Deputy Director of Public Works | 323-887-1200 x469 [email protected] | 1600 W Beverly Boulevard, Montebello, CA. vaRioUS STREETS ImPRovEmEnT, fy 2020-21 (CIP no. 881)
The City of
monTEBEllo
2022
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Mike Nguyen
OE provided construction inspection services to the
City of Montebello on this project. There are five street segments included in this project. These five segments
are (1) Minson Way, from Sycamore Street to the Cul-Du-Sac; (2) Allston Street, from W. City Limit to W. Olympic Boulevard; (3) Medford Street, from Allston Street to 18th Street; (4) Millis Street, from Kensington Way to Medford Street; and (5) Kensington Way, from Olympic Boulevard to Allston Street.
The work included variable grind and ARHM overlay, full reconstruction for heavily deteriorated areas, construction of a concrete alley intersection, and PCC improvements covering cross gutters, sidewalk, curb and gutter, driveway approaches, curb ramps, and brick pavers.
Raymond Velasco, Principal Civil Engineer | (562)-929-5723 | [email protected] 12700 Norwalk Boulevard, Norwalk, CA 90650
PHaSE 3 loCal STREETS REHaBiliTaTion (zonE 24, 27, & 32) The City of
noRWalK
2021-ongoing
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Joe Zamarripa
OE provided Construction Management and inspection
services to the City of Norwalk on the 3rd Stage of
Construction of the Local Streets Rehabilitation Paving Improvements. The work included three separate City projects (No. 7924-Zone 24. No. 7925-Zone 25, and No. 7926-Zone 32). Stage 1 of this project included concrete improvements, and OE provided CM and Inspection services for Zone 32 of that phase. Stage 3 included a variety of pavement rehabilitation methods including full-depth repair, grind and overlay, and slurry seal for Zones 24, 27, and 32. Twenty-one streets with a total of 3.6 centerline miles were included as part of this project. These limits were within the two blocks of Highdale Street between Elaine Avenue and Ibex Avenue which had a PCI rated less than 25 (very poor). The streets were also adjacent to Edmondson Elementary School, requiring careful coordination with the school. The replacement of the deteriorated pavement and accessibility ramps was important to improving the safety of the school zone and extending the useful life of the streets. The rehabilitation work involved street repaving which included curb and gutter repairs, slotted cross gutter replacements and pedestrian accessibility ramps at intersection corners to meet current standards.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section D: References and Experience
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
38 Raymond Velasco, Principal Civil Engineer | (562)-929-5723 | [email protected] 12700 Norwalk Boulevard, Norwalk, CA 90650
loCal RESiDEnTial STREETS REHaBiliTaTion, zonE 19, PHaSE II The City of
noRWalK
2022
DATE
PROJECT
TEAM
Majdi Ataya Ludy Smeets Joe Zamarripa
OE is providing Construction Management services
on phase 2 for the City of Norwalk’s Local Residential
Streets Rehabilitation, Zone 19 Project. The pavement
management zone limits are bound by Stranstead Avenue to the west, Priscila Street to the north, Shoemaker Avenue to the east, and Rosecrans Avenue to the south, containing approximately 37,500 linear feet (7.1 miles) of local road surface slated for rehabilitation. The project is split into two phases:
Phase A for concrete work, and Phase B for asphalt work, with the objective of improving the PCI for residential streets, extending the useful roadway life to at least 20 years, improving drainage, upgrading to safer and easier ride quality streets with greater pedestrian access, minimizing future maintenance costs and enhancing aesthetics. The scope called for the development of PS&E to include a total of 94 ADA curb ramps and 8 slotted cross gutters, along with driveway apron construction, utility appurtenance adjustments and relocation, and signing and striping replacement. OE is also utilizing a state-of-the-art high-speed 3D point cloud laser scanner to conduct surveys of approximately 60 existing centerline monuments for preservation.
Akram Hindiyeh, City Engineer | (714) 998-1500 | [email protected] 17855 Santiago Boulevard, Villa Park, CA. 92861
STREET REHaBiliTaTion PRoJECT
The City of
villa PaRK
2021
DATE
PROJECT
TEAM
Majdi Ataya
OE provided the City of Villa Park with full construction management and inspection services for the FY 19/20 Street Rehabilitation Project and Santiago Boulevard Rehabilitation Project. The project limits include various residential streets north of Taft Avenue as well as a 1.2 mile stretch of Santiago Boulevard from Sycamore Street to North Wanda Road. The project entails both variable and full-width AC cold milling (depending on the location), and ARHM overlay, digouts for AC sections in poor condition, removal and reconstruction of PCC standard curb and gutters and rolled curbs, drainage improvements, adjusting existing manholes and water valves to grade, re-establishment of existing monuments, as well as striping and detector loop replacement.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 Section D: References and Experience
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Request for Proposals (RFP) #22-048 On-Call
CM, Inspection & Materials Testing Services
for The City of Rialto
39 fEDERal fUnDing & STaTE CalTRanS ExPERiEnCE
OE has provided Design Construction Management and Inspection support services on several Federally Funded projects, including ARRA, FHWA, and CDBG projects, and projects requiring Caltrans coordination.
We know the District 7 Caltrans office and we guarantee Caltrans LAPM compliance on any project.
CDBg fUnDED
CommERCE: 1. Rosini/Rosewood Rehabilitation, Phase 1 | 2. Bristow Park Neighborhood Rehabilitation ToRRanCE: 1. City-Wide Bus Stop Accessibility | 2. Sidewalk Repair Handicap Accessibility, I-135 PlaCEnTIa: 1. Sidewalk/Pedestrian Accessibility, Phase II | 2. ADA Accessible Ramps, Phase III HaWaIIan gaRDEnS: Residential Rehabilitation Project
REDonDo BEaCH: Citywide Curb Ramp Improvements, Phase III laKE foREST: ADA Ramp Improvement, Phase II
STPl fUnDED
DIamonD BaR: Chino Hills Pkwy. & Chino Ave. Street Rehabilitation PICo RIvERa: Rosemead Blvd. Rehabilitation Project also REDonDo BEaCH: Aviation Blvd. Rehabilitation Project also DoWnEy: Gardendale St. Pavement Rehabilitation Project
fTa fUnDED
noRWalK: Bus Shelter Replacement Project
la HaBRa HEIgHTS: Los Palomas Dr. Reconstruction
CERRIToS: Studebaker Rd. Street Improvements also
San BERnaRDIno: 1. “E” Street Rehabilitation
HSiP fUnDED
PICo RIvERa: Telegraph Rd. Beautification & Rehabilitation aRRa fUnDED
SanTa monICa: Lincoln Blvd. Pavement Rehabilitation
la HaBRa HEIgHTS: Hacienda Rd. & East Rd. Stimulus Project also lynWooD: 1. Otis St. Improvements Project | 2. Martin Luther King Jr. Blvd. Rehabilitation noRWalK: 1. Bus Shelter Replacement | 2. Studebaker Rd. & Firestone Blvd. Rehabilitation also fHWa fUnDED
la HaBRa HEIgHTS: 1.Hacienda & Fullerton Rd. Realignment | 2. Road Improvement/Slope Stabilization CalTRanS
DIamonD BaR: 1. 7yr. Residential Rehabilitaiton | 2. Area 2 Residential Arterial Zone 1 Rehabilitation noRWalK: . Studebaker Rd./Firestone Blvd. Rehabilitaiton SanTa fE SPRIngS: 1. I-5 at Florence Ave. Widening Project | 2. I-5 Fwy. Water Main Relocation CoUnTy of oRangE: Edinger Ave. Bridge Widening Project
lynWooD: Imperial Highway Rehabilitation Project
SoUTH gaTE: Atlantic Ave. & Firestone Blvd. Intersection Widening BREa: 1. Rails to Trails Project
Oe’s 3
UnIqUE
aPPRoaCHES
1 Our cost control methods that
include planning and executing the
objectives of the schedule by continually
monitoring project cost, quantities,
estimation and performance during
construction.
2 Emphasis on quality and safety and in
maintaining open lines of communication
with the City staff and the public.
3 Developed knowledge and a
working experience through a history
of coordinating with both Caltrans &
Federal Funding departments.
Oe’s CalTRanS
aPPRoaCHES
1 Submit Requests for Authorization
(RFA's) for Preliminary Engineering, Right-of-
Way, and Utility & Construction.
2 Preparation and submitting the Award &
Expenditures Report.
3 Assist in preparing Federal & State
invoices.
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 B-1
EXHIBIT B
FEDERAL CONTRACT TERMS, CONDITIONS, AND REGULATIONS
As used in this Exhibit B, this Agreement may be referred to as the “contract,” and Consultant may be referred to as “contractor.” In performing its Work under the Contract, Contractor must conform to all applicable federal, state, and local c odes, laws, ordinances, rules and regulations, which will have full force and effect as though printed in full in the Contract. In addition to the terms, conditions, performance obligations, and other requirements set forth in the Contract, Contractor mus t comply with the following federal contract terms, conditions, and regulations, which are incorporated by reference in the Contract:
1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964 –1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
41 CFR 60–1.4(b) provides:
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction Work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or a pplicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; l ayoff or termination; rates of pay or other forms of DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 B-2
compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setti ng forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of Workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or Workers' representatives of the contractor's commitments under this section, and must post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will p ermit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 B-3
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction Work: Provided, That if the applicant so participating is a S tate or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in Work on or under the contract.
The applicant agrees that it will assist and cooper ate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will fu rnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility f or, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 B-4
with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
2. Davis–Bacon Act, as amended (40 U.S.C. 3141 –3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non– Federal entities must include a provision for compliance with the Davis –Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR P art 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non–Federal entity must place a copy of the current prevailing wage determination issued by the Dep artment of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non –Federal entity must report all suspected or reported violations to the Federal awarding agency . The contracts must also include a provision for compliance with the Copeland “Anti –Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public Work, to giv e up any part of the compensation to which he or she is otherwise entitled. The non –Federal entity must report all suspected or reported violations to the Federal awarding agency.
3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 –3708). Where applicable, all contracts awarded by the non–Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard Work week of 40 hours. Work in excess of the standard Work week is permissible provided that the Worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours Worked in excess of 40 hours in the Work week. The requirements of 40 U.S.C. 3704 are applicable to construction Work and provide that no laborer or mechanic must be required to Work in surroundings or under Working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
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4. Rights to Inventions Made Under a Contract or Agreement . If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research Work under that “funding agreement,” the recipient or subrecipient must comp ly with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
5. Clean Air Act (42 U.S.C. 7401 –7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 –1387), as amended . Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non –Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 –1387). Violations must be reported to the Federal awarding agency and the Reg ional Office of the Environmental Protection Agency (EPA).
6. Debarment and Suspension (Executive Orders 12549 and 12689) . A contract award (see 2 CFR 180.220) must not be made to parties listed on the government - wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
7. Byrd Anti–Lobbying Amendment (31 U.S.C. 1352) . Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non–Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non–Federal award.
8. 2 CFR § 200.322 Procurement of Recovered Materials . .A non–Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 B-6
during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement pro gram for procurement of recovered materials identified in the EPA guidelines.
9. Certification for Contracts, Grants, Loans, and Cooperative Agreements . The parties to this Contract agree to comply with the provisions of 43 CFR 18, New Restrictions on Lobbying, including the following certification requirements:
In accordance with 43 C.F.R. § Part. 18, Appendix A, each of the parties to this Contract certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been p aid or will be paid, by or on behalf of the parties, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, gran t, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the parties must complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The parties must require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients must certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification must be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
10. Executive Order 13513 of October 1, 2009, Federal Leadership On Reducing Text Messaging While Driving . Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement c ontracts, grants, and cooperative agreements, and other DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 B-7
grants to the extent authorized by applicable statutory authority, entered into after the date of this order, must encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any Work for or on behalf of the Government. Agencies should also encourage Federa l contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 3(a) of this order.
11. Drug-Free Workplace (2 CFR §182 and §1401) . The Department of the Interior regulations at 2 CFR 1401 —Government-wide Requirements for Drug -Free Workplace (Financial Assistance), which adopt the portion of the Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) are hereby incorporated by reference and made a part of thi s Contract. By entering into this Contract, the Contractor agrees to comply with 2 CFR 182.
12. Copeland Anti-Kickback Act (18 U.S.C. 874). Contractor agrees to comply with the Copeland Anti-Kickback Act as supplemented by Department of Labor regulations (29 CFR part 5).
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EXHIBIT C
SCHEDULE OF COMPENSATION
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55 PrIncIP aL
& qa/qc
MANAGER
$150
HOURLY
PLan
CHECKER
$110
HOURLY
PermIt
TECHNICIAN
$50
HOURLY
cLerIcaL
STAFF
$55
HOURLY
traffIc
ENGINEER
$150
HOURLY
PrOJect
MANAGER
$135
HOURLY
PrOJect
ENGINEER
$115
HOURLY
cOmmunItY
COORDINATOR
$75
HOURLY
cIt Y
ENGINEER
$150
HOURLY
dIrect Or
PUBLIC w ORKS
$160
HOURLY
cOnstructIOn
MANAGER
$142
HOURLY
cOnstructIOn
INSPECTOR
$115
HOURLY
$150
$185
OVERTIME DOUBLE OT
HOurLY
rates
OE pays all Construction Inspectors prevailing wage rates in compliance with the requirements set forth by the Department of Industrial Relations (DIR).
DocuSign Envelope ID: C1925D7E-CA6E-44B8-A09C-559FEAC8AD55