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HomeMy Public PortalAbout06) 7.E. Consultant Services Agreement with Geo-Advantec, Inc.AGENDA ITEM 7.E. MANAGEMENT SERVICES DEPARTMENT DATE: December 4, 2012 MEMORANDUM TO: Honorable Mayor and City Council FROM: Jose E. Pulido, City Manager O� By: Kristi Twilley, Project Manager SUBJECT: CONSULTANT SERVICES AGREEMENT WITH GEO-ADVANTEC, INC. RECOMMENDATION: It is recommended that the City Council: a) Approve a $243,000 consultant services agreement with Geo-Advantec, Inc. (Attachment "A") for inspection services associated with the Rosemead Boulevard Safety Enhancements and Beautification Project; and b) Authorize the City Manager to finalize and execute said agreement with Geo-Advantec, Inc. BACKGROUND: 1. On August 29, 2012, the City issued a Request for Qualifications and Proposals (RFPIRFQ) for inspection services pertaining to the Rosemead Boulevard Safety Enhancements and Beautification Project (Rosemead Project) (Attachment "B"). 2. On September 10, 2012, the City received proposals from the following firms: Berg & Associates, Geo-Advantec, Geocon, Infrastructure Engineers, CBM Consulting, SA Associates, Sandy Pringle Associates, Pacifica Services, and Willdan Engineering. 3. In September 2012, staff interviewed three companies: Geo-Advantec, Inc.; Willdan Engineering; and Pacifica Services. Selection criteria employed during the interview was conducted pursuant to the Quality Based Selection Method, in which the companies provided their qualifications with selection made by that only. Subsequent to that ranking, fee proposals were opened and negotiated. City Council December 4, 2012 Page 2 4. On October 4, 2012, Geo-Advantec, Inc. was selected as the preferred firm; their fee envelope was opened with costs negotiated by the Rosemead Project management team. 5. On November 6, 2012, the City Council approved a construction services agreement with Los Angeles Engineering as the general contractor for the Rosemead Project. ANALYSIS: Over the past two years, the City has worked diligently to bring the Rosemead Project to fruition. With construction set to begin next month, inspection services are necessary to ensure the project is built per specifications and all applicable building codes. The proposed agreement with Geo-Advantec, Inc. provides construction inspection services during the Rosemead Project's 16- to 18 -month duration. Key services to be conducted by the company include: • Inspection services to ensure compliance with code, plans, specifications and overall quality construction required by the project. • Assisting the Rosemead Project management team in scheduling all required special inspections, tests, and testing laboratory visitations. • Inspecting and verifying that the general contractor's "as -built" record documents are updated monthly prior to processing the contractor's monthly payment request. • Maintaining liaisons with all parties, including regulatory agencies and governing bodies, as necessary to maintain project continuity. • Submitting on a daily basis, an inspection report to the Rosemead Project management team with information including, but not limited to: contractor activities, verbal instructions; inspections done by regulatory agencies; and record of work or material in place that does not correspond with project drawings and specifications. • Detailed reports or requests for clarifications whenever corrective change is necessary in field construction that deviate from project drawings and specifications. • Preparing a list of incomplete or unsatisfactory items (i.e., a punch list) to the Rosemead Project management team when the contractor's work or a designated portion thereof is substantially complete. City Council December 4, 2012 Page 3 A detailed scope of the proposed work is provided in Attachment "C". Tasks performed by the firm will be performed on independent, as -needed basis as required by the Rosemead Project construction team. CONCLUSION: It is recommended that the City Council approve the professional services agreement with Geo-Advantec, Inc. The firm will provide necessary inspection services to ensure the Rosemead Project is built per specifications and all applicable building codes. FISCAL IMPACT: There is no fiscal impact associated with the recommended agreement. Funding for the services were allocated as part of a $5.39 million allocation of Proposition C funds for the Rosemead Project, as approved by the City Council on November 6, 2012. ATTACHMENT: A. Proposed Consultant Services Agreement B. RFPIRFQ for Inspection Services C. Service Proposal from Geo-Advantec, Inc. ATTACHMENT A The City of Temple City Management Services Department Request for Proposal Construction Inspection Services Rosemead Boulevard Safety Enhancements and Beautification Project City Project No. P08-11 Federal Project No. CML -5365(007) Requested by: Jose Pulido, City Manager Management Services Department 9701 Las Tunas Drive City of Temple City, California 91780 Phone: (626) 285-2171 Fax: (626) 285-8192 August 29, 2012 Prepared by: Vanir Construction Management, Inc. 1 Table of Contents Page Purpose and Background................................................................3 Scopeof Work..............................................................................3 Responsibility of the City..................................................................5 Proposal Contents and Information...................................................6 Evaluation of Proposals..................................................................7 Appendix A — List of Applicable Documents Appendix B — Sample Inspector Agreement and Insurance Requirements For all federally -funded projects the following additional items shall be considered part of the Contract: Appendix C — Required Certification by Inspector with Proposal 1. Disclosure of Lobbying Activities 2. Non -Collusion Affidavit Appendix D — Required Certification by Inspector and City after Contract Signature 1. Certification of Inspector City of Temple City Management Services Department Request for Proposal for Construction Inspection Services for the Rosemead Boulevard Safety Enhancements and Beautification Project City Project No. P08-11, Federal Project No. CML -5365(007) I. PURPOSE AND BACKGROUND The City of Temple City is requesting proposals from qualified and experienced field inspection professionals and materials testing laboratories to provide Construction Inspection Services and Materials Testing for the above named federally -funded project in the City. The services are anticipated to be full time for the duration of the construction work. The purpose of this Request for Proposals (RFP) is to provide the City with the assurance that this project is constructed in substantial compliance with the plans and specifications and that all local, state, and federal provisions (where applicable) required due to the specific funding requirements are adhered to. An important objective is to maintain a high quality level of Construction Inspection services through appropriate documentation and workflow methodology in the most cost-effective manner possible. Qualified entities are invited to submit written proposals for consideration in accordance with this request. These services will be conducted under a contract with the City of Temple City, hereinafter referred to as "City" and the Inspection entity is hereinafter referred to as "Inspector'. The contract will be regulated according to the provisions of all State and local laws and ordinances that are applicable, including compliance with California Labor Code, Section 1775. Proposed Schedule of Events Issue Request for Proposal Proposal due Inspector Selection City Awards Contract Notice to Proceed II. SCOPE OF WORK August 31, 2012 September 10, 2012 September 14, 2012 October 2012 October 2012 The Scope of work is to provide the necessary Construction Inspection Services to the City in accordance with all provisions within this RFP. These services will be needed during the course of the construction work from the date of the Notice -to -Proceed to the contractor, through completion of 3 construction. Inspector shall provide a dedicated full time person or persons as needed to provide inspection services for this specific project which is funded with local and Federal funds. The Inspector shall be a Caltrans -certified inspector. A detailed list of the scope of work is listed in the sample Agreement form, Attachment B. The Inspector shall attend the Preconstruction meeting as well as the Community Meeting for the project scheduled by the City's Project Manager, and coordinate with the City, Architect, Engineer(s), the contractor, Labor Compliance Officer, utility companies, and other parties or agencies involved in the construction. The Preconstruction meeting will address job site safety, labor compliance, permit requirements and critical items of work. The Community Meeting will be a presentation of the project to the community and an opportunity to field questions from citizens. The Inspector shall attend the weekly construction meetings scheduled by the City's Project Manager. The Inspector will provide a daily inspection report for the Project Manager, which includes project progress, weekly plan, pending issues, and potential issues. The Inspector will coordinate with the Materials Testing Laboratory all provision for pick up and drop off of samples, material testing data, correspondence, and other contractor information. All original hard copy project records shall be provided on a weekly basis to the City for review, oversight, and record keeping. The Inspector is to obtain, review, and document all communications, material tags, invoices by material testers and contractors, verify and deliver them to the Project Manager for approval. The Inspector shall be the designated contact for all communications and coordination between the Materials Testing Laboratory and the contractors, material testers and other parties involved with the construction. The Inspector shall conduct all work and perform all work and documentation to comply and be in accordance with the provisions of Caltrans' latest Local Assistance Procedures Manual (LAPM) and the 2009 Greenbook Standard Plans and Specifications. The Inspector shall ensure the project is in accordance with all the Project Documents and special provisions. It is anticipated that Inspector shall provide the necessary construction inspection services of City project from the date of Notice -to -Proceed through the end of construction, as mentioned above. However, additional project related duties such as bid document review, pre -construction meeting, and project closure documentation and review will also be required. Although reference is made to chapter 16, "Administer Construction Contracts" and Chapter 17, "Project Completion" of the LAPM, specific attention and clarification is directed to the following key provisions the City requires that Inspector adhere to, review, report or address as required in the duties of the Inspector for the project. The Inspector is expected to be proactive in the prosecution of his duties. This clarification does NOT suggest that any items specifically not mentioned are precluded from the scope of work. Chapter 16: 1. Project Inspection. 2. Pre -Construction Conference. 3, Contract Time, 4. Subcontractors. 5. Engineers Daily Reports. 6. Project Files. 7. Construction Records and Accounting Procedures. 8. Safety Provisions. 9. Labor Compliance. 10. Equal Employment Opportunity. 11. Contract Change Orders. 12. Quality Assurance Program; the County has a QAP that the Inspector shall use to coordinate all material testing required for the project. The City shall provide and contract separately with a material testing firm to conduct material testing and another firm to conduct the Independent Assurance testing required. The Inspector shall coordinate with these firms to ensure all project material testing is performed, all certifications are completed and the work is performed in accordance with the plans and specifications. 13. Contract Claims. 14. Traffic Safety in Highway and Street Work Zones. 15. Construction Engineering Review by the State; Inspector is expected to participate in a final walk through meeting with Caltrans and the Contractor after the Final Report of Expenditures and Final Invoice has been prepared. This may be after the work is substantially completed. Chapter 17: 1. Final Inspection procedures for Federal -Aid Projects. 2. As -Built Plans. 3. Report of Expenditures — Inspector shall provide the necessary forms, summaries, reporting documentation and information, certifications and exhibits from contractor and his own firm or City's inspector so that City can prepare and provide the Final Report of Expenditures. Upon project completion, all records are to be compiled in a three ring binder, prominently labeled on the face and spine with the title Rosemead Boulevard Safety Enhancements and Beautification, City Project No. P08-11, Federal Project No. CML -5365(007) to serve as a record of the project. Photographs of the work site prior to commencement of work, during construction, and after completion of construction are to be included in the record of the project. Additionally, a copy of the record of the project is to be provided in Portable Document Format (PDF) on one USB "thumb" drive. It is requested that responders submit a not to exceed fee based on hours worked to perform the services set forth in the scope of work. Provide a clear breakdown of the costs by phase including staff or by item, by hour. No subcontractors shall be utilized without prior authorization by the City. It is anticipated that work will also occur on weekends and after-hours. III. RESPONSIBILITIES OF THE CITY 1. The City will direct the development of the project, provide management oversight, and conduct administrative arrangements. 2. The City will pay an agreed upon amount normally within 30 days after receipt of an invoice. City will retain 10% of each invoice until completion of project. Completion of project is when a Notice of Completion is recorded by the County Clerk/Recorder for the construction acceptance by City. 3. The City will provide dedicated workplace facilities and a conference room for all project -related meetings with the City, the Architect, the Engineer(s), the contractor, and the public. 4. The City reserves the right to perform any portion of the scope of work by City personnel or other inspectors should the City determine it would be in the best interest of the City to do so. IV. PROPOSAL CONTENTS AND INFORMATION Proposal should be typed, organized and concise, yet comprehensive. A. General Requirements 1. Provide a cover letter. 2. State the interpretation of the work to be performed. State a positive commitment to perform the work in the required manner and time frame; include a basic summary; and demonstrate an understanding of the project. Provide a statement that the offer is valid for at least a ninety (90) day period. 3. Provide the name(s) of the primary and/or alternate individuals authorized to respond to this RFP. Include titles, mailing addresses, e-mail address, and phone number. 4. The Inspector is representing itself as a qualified professional in Construction Inspection Services. Therefore, it is acceptable to submit recommendations and comments for consideration on format, process, schedule, and additional content of projects. The City will consider comments and recommendations; however is not required to select any of the recommendations or comments. 5. Expensive bindings, colored displays, promotional materials, etc., are neither necessary nor desired. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. B. Table of Contents Include a table of contents with identification of each section and page number. C. Summary of Qualifications and Experience 1. State whether the firm is local, regional, national or international. 2. Identify the owner(s) of the firm and legal status (sole proprietor, corporation, etc.) 3. Give the location of the office from which work is anticipated to be done and the number of employees of the company. 4. Identify the qualifications and resumfs of all individuals who will be associated with this service. Include professional registrations and affiliations. 5. Summarize specific experience and qualifications for similar and related projects. Provide detailed knowledge and experience in working on projects that require adherence to the Local Assistance Procedures Manual, i.e. federally -funded projects. Describe the services previously performed such as construction management and inspection work. List at least 3 references with contact information. D. Analvsis of Effort/Methodoloav 1. Describe the approach for how the work will be performed. The proposal shall indicate any specific techniques or methodology to be utilized. 2. The proposal shall include a sample project timeline with specific tasks envisioned for Construction Inspection services, including staffing. 3. Indicate what participation, data and products will be requested from the City. 4. Indicate deliverables to be provided and when. E. Cost and Fees 1. Develop costs and fees for the services requested. Costs and fees are to be submitted in a separate sealed envelope. Costs should be organized for full time hourly rates. Such hourly rates should be fully burdened or loaded, including full compensation for all overhead and profit. Billing rates shall include provision for normal office costs, including but not limited to office rental, utilities, insurance, cell phone or radio, equipment, normal supplies and materials, in-house reproduction services, and local travel costs. As much as possible, a fixed fee lump sum breakdown by phase of the construction based on billable hours is desirable. 2. Submit itemized hourly fee schedule for additional services beyond the scope of work. 3. Costs and Fees must be provided within a separate sealed envelope within the submittal of the proposal. V. EVALUATION OF PROPOSALS The City will utilize a one-step selection process. The City will determine if qualifications are met in reviewing the proposals. Once the proposals are reviewed and the qualifications considered, recommendations will then be submitted to the City Manager for approval. The City reserves the right to select any Inspector who is determined qualified and may not correlate to a number 1, number 2, or even number 3 ranked Inspector. The City reserves the right to reject any and all proposals submitted and/or request additional information for clarification. Submit one (1) original, three (3) copies, and one (1) electronic copy in Portable Document Format (PDF) on a USB "thumb" drive or CD ROM, of the proposal clearly titled: Rosemead Boulevard Safety Enhancements and Beautification, City Project No. P08-11, Federal Project No. CML -5365(007), delivered in a sealed envelope addressed as follows, no later than 6:00 P.M. on Monday, September 10, 2012, to: Jose Pulido, City Manager City of Temple City 9701 Las Tunas Drive City of Temple City, California 91780 Attn: Kristi Twilley, P.E. — Project Manager 7 A pre -proposal conference is not scheduled for this project. Clarification desired by a respondent relating to definition or interpretation shall be requested in writing with sufficient time to allow for a response, at least 72 hours prior to the date RFPs are due. Oral explanation or instructions shall not be considered binding on behalf of the City. Any modifications to this solicitation will be issued by the City as a written addendum. The City will not consider proposals received after the specified time and date. An amendment is considered a new proposal and will not be accepted after the specified time and date. Any contract resulting from this RFP will be financed with funds available to the City from local and Federal funds. This RFP does not commit the City to award a contract or pay any costs associated with the preparation of a proposal. The City reserves the right to cancel, in part or in its entirety, this solicitation should this be in the best interest of the City. Questions concerning the proposal should be directed to Kristi Twilley, P.E., Project Manager, with the City of Temple City (626) 285-2171, ext. 2329, or via electronic mail: Kristi.TwillevO,vanir.com 8 Appendix A - List of Applicable Documents 1. Caftrans' The Local Assistance Procedures Manual a. Chapter 16 "Administer Construction Contracts" b. Chapter 17 "Project Completion" These chapters can be found at http:I/www.dot.ca.ciov/halLocalProarams/lam/laom.htm 2. 2009 Greenbook: a. Standard Plans and Standard Specifications b. Construction Manual 3. Bidding Documents (Notice to Contractors) and plans and specifications for the construction work referred to for this project may be viewed on-line by going to A&I Reprographics DFS: http://dfs.aandireoro.com and clicking on the Public Project tab. A&I Reprographics can also be contacted at 1-800-233-8435 or bid@aandireproxorn. 4. Quality Assurance Program - The City's Quality Assurance Program is included in the Specifications for the project. Appendix B - Insurance Requirements and Sample Inspection Services Agreement INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. Consultant shall provide the following scope and limits of insurance: 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (4) 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 must 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 3 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 3 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above. (3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of not less than $1,000,000 per accident. (4) Professional Liability: $1,000,000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City. 2. General Liability and Automobile Liability Coverage. 10 (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insured as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied 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, or employees. (2) Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance. (3) 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. (4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. 3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be declared to and 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. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder or to fulfill the indemnification provisions and requirements of this Agreement. 11 AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES FOR THE CITY OF TEMPLE CITY Rosemead Boulevard Safety Enhancements and Beautification Project This agreement entered into this 'h day of , 2012, by and between , (hereinafter referred to as "Inspector") and the City of Temple City (hereinafter referred to as "City") for the construction of the Rosemead Boulevard Safety Enhancements and Beautification Project. WHEREAS, the City is undertaking the construction of Rosemead Boulevard Safety Enhancements and Beautification Project, and WHEREAS, the City is in need of a special expert to conduct inspection of the road enhancements and beautification construction or alteration as required pursuant to the California Department of Transportation; and WHEREAS, Government Code authorizes the City to contract with persons especially trained, experienced, certified and competent to perform special services and advice in such areas; and WHEREAS, Inspector represents that he is specially trained and licensed and possesses the requisite skills, experience, education and competency to perform such inspection services for the City; NOW THEREFORE. the parties do mutually agree as follows; I. Recitals. The recitals set forth above are expressly made a part of this Agreement. 2. Emnlovment of Inspector. The City hereby engages Inspector, and Inspector agrees to perform the professional inspection services as an Independent Contractor and not as a City Employee. 3. Administrator of Agreement. The City Manager shall represent City for purposes of administration of this Agreement. The Inspector shall communicate with the City through Vanir Construction Management. Inc.. as the City's Construction Manager on this project and the City's Representative at the Construction Site. 4. Scope of Services. Inspector shall provide to City inspection services in accordance with all applicable California Department of Transportation's Codes and Regulations in connection with the construction of the Rosemead Boulevard Safety Enhancements and Beautification Project. Inspector shall act under the direction and supervision of the Project Manager and shall be responsible to the City's Governing Board. Inspector shall discharge said duties in a manner satisfactory to the City, the Construction Manager, and the Architect. The duties of Inspector shall include, but not be limited to the following: a. Continuous Inspection Requirement, The Inspector must have actual personal knowledge, obtained by his personal observation of the construction or alteration in all stages of its progress, that the requirements of the plans, specifications and applicable codes and regulations are being exactly and completely executed. When work is carried out away from the site, the Inspector shall have that personal knowledge which is obtained from the reporting of other approved inspectors on the testing or inspection of materials and workmanship for compliance with the plans, specifications or applicable standards. The exercise of reasonable diligence and presence during the construction process to obtain the facts is required. b. Quality Assurance I Quality Control. In addition to the enforcement of the applicable Codes and the California Code of Regulations, the Inspector shall monitor and ensure the quality of materials, equipment and workmanship, as required by the contract documents. c. Schedule of Tests and Inspections. Inspector shall schedule all required tests, special inspections, and testing laboratory visitations required by the Contract documents. Inspector shall observe and record date and times of all test procedures and results. d. Meeting Attendance. The Inspector shall attend every Project meetings as required by the Contract documents and/or requested by the Owner, Architect, regulatory agencies, and Project Manager. Inspector shall provide relevant input pertinent to the subject matter. e. Payment Requests. Inspector shall review and initial the draft of Contractor's pa3ment requests during payment request review meetings. 12 f. Contractor's s -Built Drawings. Inspector shall monitor and regularly review Contractor's as -built drawings in conjunction with the review of the Contractor's payment requests. g. Relations with Architect. The Inspector shall work under the general direction of the Architect. Any inconsistencies or errors in the plans and specifications shall be reported promptly through the Construction Manager to the Architect for interpretation and instruction. In no case, however, shall the instruction of the Architect be construed to cause work to be done which is not in conformity with the approved plans, specifications or written change orders. h. Relations with Construction Manager. The Inspector shall work closely in coordination and cooperation with the Construction Manager. Copies of all communications and reports shall be provided to the Construction Manager in a timely fashion. i. Relations with the Labor Compliance Officer. The Inspector shall work closely with the Labor Compliance Officer in coordinating schedules, field interviews (particularly with night crews), and reconciliation of daily records. j. Job File. The Inspector shall keep a file of approved plans and specifications (including all approved addenda or change orders) on the job at all times, and shall immediately return any unapproved documents to the Architect for proper action. Inspector's file shall also contain records of communications with the Architect, test and verification reports, deviations notices, etc. The Inspector shall have and maintain on the job at all times, all codes and documents referred to in the plans and specifications, Inspector shall submit his project file to the City for permanent record at the completion of project. Inspector may keep a duplicate file for his record. k. Daily Report. The Inspector shall keep a daily report of activity on the construction project including, but not limited to, the weather, the number and type of tradesmen and laborers present, construction equipment present, specific work performed that day, construction material received, documents received, tests performed with results, other inspectors present, pertinent events or problems and questions that potentially affect Contract sum or time, any work or material in place that are non-eompliance, verbal communications and clarifications of the work given to the Contractor, inspections by regulatory agents, and official visitors. Copies of every Daily Report shall be submitted to the Construction Manager on a weekly basis. Upon completion of the project and acceptance by the City, the Inspector's complete daily reports shall be submitted to the City for its permanent records. 1. Inspector's Semi -Monthly Reports. The inspector shall keep both the Architect and the Project Manager thoroughly informed as to the progress of the work by making semi-inonthly reports in writing, in a format to be approved by the Project Manager. Said report shall report all pertinent progress, and shall include all information which may be of interest to the City, the Architect, the Project Manager, and the California Department of Transportation. in. Construction Procedure Records, The Inspector shall keep a record of certain phases of construction procedure including, but not limited to the following: Concrete pouring operations. The record shall show the time and date of placing concrete and the time and date of removal of forms in each portion of the structure. As indicated in the specifications and required by the California Department of Transportation, samples shall be collected for testing. Welding operations. The record shall include identification marks of welders, lists of defective welds, manner of correction of defects, etc. iii. Roadway sub -grade compaction. The Inspector shall monitor and record all compaction activities and keep track of all excavated and backfilled locations under the roadway. All such records of construction procedure shall be kept on the job until the completion of the work. Upon completion of the project and acceptance by the City, these records shall be submitted to the City for its permanent records. n. Deviations. The Inspector shall notify the Contractor and the Construction Manager in writing of any quality concerns and deviations from the approved plans, specifications, and governing codes and regulations which are not immediately corrected by the Contractor when brought to his attention. Copies of such notice shall be forwarded immediately to the Architect, the Project Manager, and the City. o. Punch List. When the Contractor's work or a designated portion thereof is substantially complete, Inspector shall prepare a list of incomplete or unsatisfactory items (punch list) and submit to the Project Manager with a copy to the Contractor. 5. Term of Aereement. The term of this agreement is from the date of the Notice to Proceed 2 for approximately 16 months, or until one of the following occurs: (a) all work under the Final Punch list is completed and accepted by the City; (b) the Notice 13 of Completion is tiled; (c) the project is terminated or suspended by City prior to completion; or (d) the Agreement is terminated pursuant to paragraph 11 below. G. Insnector's Fee. City shall pay to Inspector for the performance of all services rendered pursuant to this agreement the sum of S per hour. Services performed before 7AM or after 5PM will be paid at time and one-half only if such work causes the Inspector to work more than 8 continuous hours. More than S continuous hours of work, Monday through Friday, and all Saturday work will be paid at time and one half. Holidays and Sundays wilt be charged at double time. These sums include all expenses connected with the services performed. It is the InspLetor's responsibility to pay for lodging, travel, secretarial, computer and all other equipment, supplies and miscellaneous expenses in conjunction with the services performed. 7. Method of Pavment. Payments shall be made only upon an invoice properly submitted by Inspector accompanied by related supporting documents. Inspector's statement must have the Inspector's tax identification number. Each invoice shall be approved by the City prior to payment. Invoices shall be submitted monthly on the first day of the month for the prior month, which will be paid by the City within thirty days after acceptance. It is expressly understood and agreed that in no event shall Inspector be entitled to any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. Inspector is prohibited from accepting employment, payment, gift, or any kind service from contractors, subcontractors, vendors or any such agency where a potential conflict of interest may exist. 8. Insnector's Emnlovees and Eauinment. Inspector agrees that he has secured or will secure at his own expense all persons, employees and equipment required to perform under this agreement. Inspector shall be responsible for all salaries, payments and benefits for all of its officers, agents, and employees in performing services pursuant to this agreement. If any arrangement is made whereby employees of the City are used by Inspector and are subject to Inspector's supervision and control, they shall, while engaged in such work, be considered for all purposed as employees, servants, or agents of Inspector and not of the City, and the indemnity provisions hereinafter set forth shall apply. 9. Audit and lnsnection of Records. At any time during normal business hours and as often as City may deem necessary, Inspector shall make available to City for examination, at reasonable locations within the County of Los Angeles, all of Inspector's data and records with respect to all matters covered by this Agreement, and Inspector will permit the City to audit, examine and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this agreement. 10. Insnector's Oualifications. Inspector shall at all times maintain for itself and its employees proper licensing, certification and qualifications to perform the duties of inspection required to enable him to discharge the duties set forth herein. The Inspector shall give written notice to the City, the Project Manager, and the Architect, if in any ways the Inspector may not be qualitied to provide inspection services with personal knowledge and in all such cases when additional inspectors or special inspectors may be required. it. Termination. The City may terminate this agreement should the Inspector fail substantially to perform in accordance with the terns of this agreement, by giving written notice to the Inspector and the Architect. In the event of such termination, Inspector shall be paid pro rata for services performed hereunder for the portion of the month up to the date of termination on his submittal of an invoice as required by paragraph 7 above. In the event of such termination, all finished or unfinished documents and materials which inspector has produced hereunder shall become the sole and exclusive property of the City. City may terminate the Agreement without cause upon ten (10) days written notice to the inspector. In the event of a termination without cause, the City shall pay to the inspector for all services performed under this Agreement, supported by documentary evidence, including payroll records, until the date of notice of termination. In addition, Inspector will be reimbursed for reasonable termination costs through the payment of an amount of 5% of the last payment application as termination costs. This payment is agreed to compensate the Inspector for the actual level of completion reached on the date of termination and is consideration for entry into this termination clause. This Agreement may be terminated by the Inspector upon written notice to the City should health or personal reasons arise that would preclude the inspector from performing the duties of inspection. Inspector hereby expressly waives any and all claims for damages or compensation arising under the agreement, except as set forth in this paragraph. 12. Changes. The City may from time to time require changes in the scope of the services of Inspector to be performed hereunder. Such changes, including any increase or decrease in amount of Inspector's compensation, shall be effective only when incorporated by written amendments to the agreement and signed by both parties. 13. Eoual Onnortunity. The City and the Inspector will not discriminate against any employee or against any applicant for such employment because of age, race, ethnicity, color, religion, physical handicap, ancestry, gender, or national origin. 14. Assignment. The Inspector assigned to this project is . Holder of 's Class 1 certification No. . inspector shall not be replaced or transferred without prior written approval of the City. 15. Interest of Inspector. Inspector covenants that it presently has no interest in, including but not limited to, other projects or 14 independent contracts, and shall not acquire any such interests, direct or indirect, which would conflict in any manner or degree with the performance of services required to be perfonned under this agreement. Inspector further covenants that in the performance of this agreement no person having such interest shall be employed or retained by Inspector under this agreement. 16. Ownership and Confidentiality of Material. Any reports, information, data, statistics, forms, procedures, systems, studies or other communication or form of knowledge given to or prepared or assembled by Inspector under this agreement, shall not be subject to private use, copyright or patent other than by the City and shall be kept confidential and not made available buy Inspector to persons not authorized by this agreement without the City's prior approval. 17. Insurance and Hold Harmless. Inspector agrees to maintain such insurance as will fully protect the Inspector, the Construction Manager and the City from any and all claims under any worker's compensation act. In the event a claim under the provisions of the California Worker's Compensation Act is tiled against the Construction Manager and/or the City by a bona fide employee of the Inspector participating under this agreement, Inspector agrees to defend and hold harmless the Construction Manager and/or the City from such claims. 18. Notices. Any notice or notices required or permitted to be given pursuant to this agreement may be personally served or mailed by certified mail, postage prepaid, return receipt requested to the following address: INSPECTOR: (company name) (inspector name) (company address) (company address) (xxx)xxx-xxx Jose Pulido CITY: City Manager 9701 Las Tunas Drive Temple City, CA 91780 (626)285-2171 19. Indenendent Contractor. It is agreed that the City is interested only in the results obtained hereunder, and that Inspector shall perform as an independent contractor with sole control of the manner and means of performing the services required under this agreement, and not as an employee of the City. 20. Notice to Proceed. Inspector is not to proceed with performance of any services under this agreement without first securing written authorization from the City to do so. IN WITNESS WHEREOF, the City and Inspector have executed this agreement effective as of the date written first above. (company name) City of Temple City (company representative name) Jose Pulido (title) City Manager (Tax ID number) 15 Appendix C — Required Certification by Inspector To be Submitted with Proposal • Disclosure of Lobbying Activities • Non -collusion Affidavit Appendix D — Required Certification by Inspector and City after Contract Signature • Certification of Inspector 16 ROSEMEAD BOULEVARD SAFETY ENHANCEMENT and BEAUTIFICATION PROJECT Budget Overview Construction phase expenses budget 3670 W. Temple Ave., #278, Pomona, CA 91768 Total Local & State Funds $ 16,350,508 Total Federal Funds $ 4,317,717 TOTAL FIRM BUDGET $ 20,666,225 Total Encumbrances (pre -con) to date $ (3,662,354) $ 17,005,871 November 2012 19% ROSEMEAD BOULEVARD SAFETY ENHANCEMENT and BEAUTIFICATION PROJECT Traffic Congestion Relief (TCR) funds - quarterly receipts I of State generated sales taxes on gasoline R $ 4221898 $ - $ - Guaranteed Future Fiscal Potential RAC- Rubberized Asphalt Concrete, State reimbursement Year (FYI supplemental $ 110,250 $ - $ Fund Cash in the Bank funds, Allocations. funds, Total per Fund FEDERAL FUNDS K competitive grant awarded _ - $ $ 443,E giYFUND6 - STPL-federal reimbursement funds distributed - -- L Successor Agency Funds $ 1,800,000 $ - $ A annually per capita $ 1,800,000 $ 1,007,813 $ $ 1,007,813 HPLU - federal reimbursement funds earmarked from M funds locally generated by assessment $ 2,000,000 $ - S - $ - $ 2,000,000 General Fund Account: Payment from Caltrans (non - B congressional legislation $ - S 719,920 $ $ - $ 719,920 HSIP - Highway Safety Improvement Program, federal - $ 386,000 Gas Tax Funds $ 1,350,000 $ - $ - $ C reimbursement com(�titive grant $ $ 1,000,000 $ 340,000 $ - $ $ 340,000 federal reimbursement funds secured through $ 4,870,967 $ 784,440 $ - $ 20,668,225 , , No additional grant funds are being pursued at this time 1CMAQ- D LACMTA Cali for Projects $ - $ 2,249,984 $ - $ - $ 2,249,984 IL01.11M FUNDS - ■ Funds are encumbered for the project; Expenses must be paid In advance and submitted for reimbursment - . Annual or other per capita dispersements based on projections A - monthly receipts of County sales taxes for a Funds must be spent within two fiscal years per program JProp transit functions $ 1,500,000 $ - $ - $ $ 1,500,000 C- monthly recelpts of County sales taxes for (Prop F transportation $ 4,939,210 $ - $ 448,000 $ 5,387,210 Measure R - monthly receipts of County sales tax G initiative for transit & transportation $ 483,700 5 - $ 336,440 $ 920,140 IS7ATE FUNDS -- - 1B - State -generated bond funds distributed per rH IProp capita In two allocations $ 1,131,010 $ $ - $ - $ 1,131,010 Traffic Congestion Relief (TCR) funds - quarterly receipts I of State generated sales taxes on gasoline R $ 4221898 $ - $ - $ $ 422,898 RAC- Rubberized Asphalt Concrete, State J reimbursement competitive grant awarded $ $ 110,250 $ - $ $ 110,250 BTA-81cyde Transportation; State reimbursement funds, K competitive grant awarded $ - $ 443,E $ - $ $ 443,E giYFUND6 - - -- L Successor Agency Funds $ 1,800,000 $ - $ $ $ 1,800,000 Lighting 8r Landscaping Assessment District (LLD) - M funds locally generated by assessment $ 2,000,000 $ - S - $ - $ 2,000,000 General Fund Account: Payment from Caltrans (non - N restrictive) s $ 386,000 $ - $ - $ - $ 386,000 Gas Tax Funds $ 1,350,000 $ - $ - $ 1,350,000 Economic Development Reserve $ 1,000,000 $ 11000,000 Total Funds $ 15,012,818 $ 4,870,967 $ 784,440 $ - $ 20,668,225 , , No additional grant funds are being pursued at this time a Call For Projects (CFP) funds ■ Funds are encumbered for the project; Expenses must be paid In advance and submitted for reimbursment . Annual or other per capita dispersements based on projections a Funds must be spent within two fiscal years per program c Funds are direct payment from Caltrans re: relinquishment; non-restrk:tive and designated for specialty soft costs 3670 W. Temple Ave., #278, Pomona, CA 91768 €� 1 AVANT (: A K l) t ATTACHMENT B DRAFT CONSULTANT SERVICES AGREEMENT By and Between THE CITY OF TEMPLE CITY, a municipal corporation and Geo-Advantec, Incorporated AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND GEO-ADVANTEC, INCORPORATED This Agreement for Consultant Services ("Agreement") is entered into as of this 4th day of December, 2012 by and between the City of Temple City, a municipal corporation ("City") and Geo-Advantec, a corporation ("Consultant''). City and Consultant are sometimes hereinafter individually referred to as "Party'' and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City Manager has authority to execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 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 here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the scope of services until such services are complete. LA#48 1a-2021-6581 v] - 1 - SECTION 2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A"' "Scope of Services' and made a part of this Agreement. SECTION 3. ADDITIONAL SERVICES. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit "A" "Scope of Services,"" unless such additional services are authorized in advance and in writing by the City Council or City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Forty Three Thousand and Two Hundred dollars ($243,200), unless additional compensation is approved in writing by the City Council or City Manager. (b) Each month Consultant shall furnish to City an originaI invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -consultant contracts. If the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. Sub -consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the originaI invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's LA #4814-2021-6581 v1 _ 2 _ work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, sections 16 and 17, pertaining to indemnification and insurance, respectively. SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warrants related to Standard of Performance and found in Section 9 of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 7. CONSULTANT'S BOOKS AND RECORDS. (a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination LA #4814-2021-6581 v1 -3 - of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors -in -interest and authorized representatives. SECTION 8, STATUS OF CONSULTANT. (a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or Iiability 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. (b) The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees. or agents except as set forth in this Agreement. 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. (c) 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 such rights. SECTION 9. STANDARD OF PERFORMANCE. 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. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warranties related to Standard of Performance shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. LA #4814-2021-6581 v1 _ 4 _ Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. 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 such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. SECTION 14. CONFLICTS OF INTEREST. (a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. 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 City Manager. 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. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City LA X14814-2021-6581 vi _ S _ relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the scope of work under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. SECTION 15. CONFIDENTIAL INFORMATION; 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 domain 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 City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide 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 officer, 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 attorneys 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, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant 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. SECTION 16. INDEMNIFICATION. (a) Indemnification for Professional Liabilitv. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub -consultants (or any entity or individual that Consultant shall bear the legal liability thereon in the performance of professional services under this Agreement. LA 134814-2421-6581 v 1 - 6 - (b) Indemnification for Other than Professional Liabilitv. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any Iiability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub -contractors of Consultant. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity Agreements with provisions identical to those set forth here in this section from each and every sub -contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (d) Limitation of Indemnification. Notwithstanding any provision of this Section 16 [Indemnification) to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (e) The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 17. INSURANCE. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. LA #4814-2021-6581 v] _ _ The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 14. CONTINUITY OF PERSONNEL. 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. SECTION 20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement. SECTION 21. 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 compensating 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, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the LA #4814-2021-6581 v] -8 _ 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 Section 20. 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. SECTION 22. EXCUSABLE DELAYS. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perfomi due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 23. COOPERATION BY CITY. All public information, data, reports, records, and )!naps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. SECTION 24. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Temple City Attn: City Manager 9701 Las Tunas Drive Temple City, CA 91780 To Consultant: Geo-Advantec, Incorporated Attn: Shawn Ariannia 457 West Allen Avenue, Suite 113 San Dimas, CA 91773 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 25. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder. LA *04814-2021-6581 vi - 9 SECTION 26. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SECTION 27. MODIFICATION OF AGREEMENT. On behalf of City, the City Manager shall have the power to administer and implement this Agreement, including making minor amendments and modifications hereto. No minor amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Manager. No major amendment to or modification of this Agreement, which is defined for purposes of this section to mean any amendment or modification which increases the amount of compensation due the Consultant pursuant to Section 4 [Compensation and Method of Payment] shall be valid unless made in writing and approved by the Consultant and the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION 28. 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 provisions of this Agreement shall not constitute a waiver of any other provision nor 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. SECTION 29. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles. SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 31. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other Agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. LA #4614-2021-6561 v 1 -10- SECTION 32. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. ATTEST: City Clerk APPROVED AS TO FORM City Attorney Its: CITY OF TEMPLE CITY Lo Its: City Manager NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE LA #4814-2021-6581 v - 11 - REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. LA #4814.2021.6581 vl - 12 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On I before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) LA #4914-2021-6591 vi DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On before me, , personally appeared ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hiAerltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER SIGNER 1S REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) L.A#4814-2021-6581 v DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 6876 v1 EXHIBIT "A" SCOPE OF SERVICES Inspector shall provide to City inspection services in accordance with all project plans, specifications, and applicable Building Codes and Regulations in connection with the construction of the Rosemead Boulevard Safety Enhancements and Beautification Project. Inspector shall act under the direction and supervision of the Project Manager and shall be responsible to the City's City Council. Inspector shall discharge said duties in a manner satisfactory to the City, the Construction Manager, and the Architect. The duties of Inspector shall include, but not be limited to the following: a. Continuous Inspection Requirement. The Inspector must have actual personal knowledge, obtained by his personal observation of the construction or alteration in all stages of its progress, that the requirements of the plans, specifications and applicable codes and regulations are being exactly and completely executed. When work is carried out away from the site, the Inspector shall have that personal knowledge which is obtained from the reporting of other approved inspectors on the testing or inspection of materials and workmanship for compliance with the plans, specifications or applicable standards. The exercise of reasonable diligence and presence during the construction process to obtain the facts is required. b. Quality Assurance 1 Quality Control. In addition to the enforcement of the applicable Codes and the California Code of Regulations, the Inspector shall monitor and ensure the quality of materials, equipment and workmanship, as required by the contract documents. c. Schedule of Tests and Inspections. Inspector shall schedule all required tests, special inspections, and testing laboratory visitations required by the Contract documents. Inspector shall observe and record date and times of all test procedures and results. d. Meeting Attendance. The Inspector shall attend every Project meetings as required by the Contract documents and/or requested by the Owner, Architect, regulatory agencies, and Project Manager. Inspector shall provide relevant input pertinent to the subject matter. e. Payment Requests. Inspector shall review and initial the draft of Contractor's payment requests during payment request review meetings. f. Contractor's As -Built Drawings. Inspector shall monitor and regularly review Contractor's as -built drawings in conjunction with the review of the Contractor's payment requests. g. Relations with Architect. The Inspector shall work under the general direction of the Architect. Any inconsistencies or errors in the plans and specifications shall be reported promptly through the Construction Manager to the Architect for interpretation and instruction. In no case, however, shall the instruction of the Architect be construed to cause work to be done which is not in conformity with the approved plans, specifications or written change orders. h. Relations with Construction Manager. The Inspector shall work closely in coordination and cooperation with the Construction Manager. Copies of all communications and reports shall be provided to the Construction Manager in a timely fashion. i. Relations with the Labor Compliance Officer. The Inspector shall work closely with LA -44814 2031-6581 vl A-1 6876 v1 the Labor Compliance Officer in coordinating schedules, field interviews (particularly with night crews), and reconciliation of daily records. j. Job File. The Inspector shall keep a file of approved plans and specifications (including all approved addenda or change orders) on the job at all times, and shall immediately return any unapproved documents to the Architect for proper action. Inspector's file shall also contain records of communications with the Architect, test and verification reports, deviations notices, etc. The Inspector shall have and maintain on the job at all times, all codes and documents referred to in the plans and specifications. Inspector shall submit his project file to the City for permanent record at the completion of project. Inspector may keep a duplicate file for his record. k. Daily Report. The Inspector shall keep a daily report of activity on the construction project including, but not limited to, the weather, the number and type of tradesmen and laborers present, construction equipment present, specific work performed that day, construction material received, documents received, tests performed with results, other inspectors present, pertinent events or problems and questions that potentially affect Contract sum or time, any work or material in place that are non-compliance, verbal communications and clarifications of the work given to the Contractor, inspections by regulatory agents, and official visitors. Copies of every Daily Report shall be submitted to the Construction Manager on a weekly basis. Upon completion of the project and acceptance by the City, the Inspector's complete daily reports shall be submitted to the City for its permanent records. 1. Inspector's Semi -Monthly Reports. The inspector shall keep both the Architect and the Project Manager thoroughly informed as to the progress of the work by making semi- monthly reports in xA riting, in a format to be approved by the Project Manager. Said report shall report all pertinent progress, and shall include all information which maybe of interest to the City, the Architect, the Project Manager, and the various funding agencies involved. m. Construction Procedure Records. The Inspector shall keep a record of certain phases of construction procedure including, but not limited to the following: i. Concrete pouring operations. The record shall show the time and date of placing concrete and the time and date of removal of forms in each portion of the structure. As indicated in the specifications and required by the engineer, samples shall be collected for testing. ii. Welding operations. The record shall include identification marks of welders, lists of defective welds, manner of correction of defects, etc. iii. Roadway sub -grade compaction. The Inspector shall monitor and record all compaction activities and keep track of all excavated and backfilled locations under the roadway. All such records of construction procedure shall be kept on the job until the completion of the work. Upon completion of the project and acceptance by the City, these records shall be submitted to the City for its permanent records. n. Deviations. The Inspector shall notify the Contractor and the Construction Manager in writing of any quality concerns and deviations from the approved plans, specifications, and governing codes and regulations which are not immediately corrected by the Contractor when brought to his attention. Copies of such notice shall be forwarded immediately to the Architect, the Project Manager, and the City. o. Punch List. When the Contractor's work or a designated portion thereof is substantially LA #4814-2021-6581 rel A-2 6876 v1 complete, Inspector shall prepare a list of incomplete or unsatisfactory items (punch Iist) and submit to the Project Manager with a copy to the Contractor. VII. AMENDMENT The Scope of Services, including services, work products, and personnel, are subject to change by mutual Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance, Consultant shall comply with the Scope of Services as indicated above. LA #4814-2021-6581 v] A-3 EXHIBIT "B" COMPENSATION I. Consultant shall use the following rates of pay in the performance of the Services: A. Insoector of Record (IOR) $95/hour B. Principal Geotechnical Engineer (GE) $150/hour C. Registered Civil Enaineer (PE) $115/hour D. Office Staff Engineer $90/hour E. Drafter $60/hour F. Administrative $40/hour II. Consultant may utilize subcontractors as indicated in this Agreement and with written authorization from the City Manager or his designee. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all supplies properly charged to the Services. C. Line items for all travel properly charged to the Services. D. Line items for all equipment properly charged to the Services. E. Line items for all materials properly charged to the Services. F. Line items for all subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed $243,200, as provided in Section 4 of this Agreement. L4 #4 814-2021-6581 vi B-1 EXHIBIT "C" INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: 1. Minimum Scone of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code I "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (4) 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 must 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 3 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 3 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above. LA 44814-2021-6581 v C -I (3) Workers" Compensation and Employer's Liability: Workers" Compensation as required by the Labor Code of the State of California and Employers Liability limits of not less than $1,000,000 per accident. (4) Professional Liability: $1,000,000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City. 2. General Liabilitv and Automobile Liabilitv Coveraizes. (1) City, and its respective elected and appointed officers, officials, and employees 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, occupied 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, or employees. (2) Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance. (3) 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. (4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. 3. Workers' Compensation and Emnlover's Liabilitv Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant. LA #4814-2021-6581 v C-2 C. Other Reauirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be declared to and 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. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. LA #4814-2021-6581 v C-3 GeotechnicalEngineering EchrthquakeEngineering -Engineering Geology 0, Ir mfww�wl 3V IJ I 71r, or -jr 1W k, Ab ft 111110 -a lGeow-Advantec Inc. GeotechalcalEngiuueering. Earthquake Engineering. Engineering Geology City of Temple City Project No.: P08-11 Date: September 7, 2012 Proposal No.: 12-1018 Hourly Proposed Rate for the Proposed Inspector Our proposed hourlv rate for the services outlined in our uronosal and to be performed by our Pronosed inspector. Mr. Ronald Hanson is $105/hr. for the work performed durine reeular work shifts. The Drovosed fee is an inclusive rate and includes travel time from our office/inspector's resident to the iobsite. Compensation will be calculated based on actual time spent (hourly) and actual cost of reimbursable expenses incurred in such performance, with prior approval of Vanir CM. As requested, the following table provides our proposed rates for additional possible services beyond the scope of the work outlined in the subject RFP: SCHEDULE OF FEE FOR OTHER POTENTIAL REQUIERED (OUT OF SCOPE) SERVICES TASK/SERVICE HOURLY RATE I EXAMPLES OF OUT OF SCOPE $/Hour WORKS/SERVICES Principal Geotechnical 150 Technical consultation, reviewing and Engineer (GE) commenting on any technical issue Registered Civil Engineer 115 Technical consultation, technical review of (PE) documents Office Staff Engineer 90 Assisting the project team in document preparation and control, close out, ... Drafter 60 Drafting Administrative 40 close outs, document control, miscellaneous office supporting tasks We understand that any "out of scope service" shall be requested by the City/Project manager, and the consultant is not allowed to perform any of these kinds of services, unless authorized by the client. The above provided fees remain valid for 90 days from September 10, 2012. GAi's regular work days during the week are Monday through Friday. Monday through Friday overtime hours equal tol.5 times regular rate shall apply after eight (8) hours of work per day. Premium time hour's equal to 2 times regular rate shall apply after twelve (12) hours per day. Saturday overtime hours are 1.5 times the contracted hourly rate. Sundays and Holidays work hours rates are 2.0 times the contracted hourly rate. Regular and overtime hour charges shall be in one-hour increments. Respectfully Submitted, Geo-Advantec nc. $ Shawn Arian ia, Y.1~., U.E. President Geotechnical Engineering Earthquake EiignieeHng Engineering Geolok, PROPOSAL FOR "CONSTRUCTION INSPECTION SERVICES" FOR THE CITY OF TEMPLE CITY Project: Rosemead Boulevard Safety Enhancement and Beautification The City of Temple City, California City Project No.: P08-11 Federal Project No.: CML -5365(007) PREPARED BY: GEO-ADVANTEC INC. 457 WEST ALLEN AVENUE, SUITE 113 SAN DIMAS, CALIFORNIA 91773 PROPOSAL NO. 12-1018 SEPTEMBER 7, 2012 Mr. Jose Pulido, City Manager 9701 Las "Punas Drive, Temple City. CA 91780 Attn: Ms. Kristi Twilley, P.E.-Project Manager Subject: Proposal for "Construction Inspection Services" for Rosemead Boulevard Safety Enhancement and Beautification Project City Project No,: P08-11 Federal Project No.: CML -5365 (O07) Dear Mr. Pulido: Geo-Advantec Inc., (GAI), appreciates the opportunity to provide our Company's proposal for the subject project. Geo-Advantec is capable of providing a full time inspector who will hold the required certifications/qualifications pertaining, to the Scope of the project. Our team in GAT brings together key elements of service such as professionalism. industry experience, pro -active management and all the skills necessary to successfully satisfy our client's needs. This proposal provides the summary of our scope of the work. proposed rate. and insurance certificate and introduces our proposed inspector for the project with discussing his resume, experiences, and qualifications. Our office is located within about 15 miles from the Cite and our proposed Resident Inspector (RI), is a local person, living within less than 5 miles from the: Citv. This enables us to provide a better, faster, and lower cost services for this project and the: ready availability of the RI for the project would become an advantage during the course of construction. It would be our great pleasure to work with your organization and the City of Temple on this outstanding project. Should you have any question, please contact undersigned at (909) 305-0400 or SAriannia@GeoAdvantee.com. Respectfully Submitted, � J Shawn Ariani a. MSCE, PE, G1•. President/C.E.O. Contents 1. PROJECT UNI)ERSTANDING:.................. 1 2. FIRM NAME. AND INFORMATION ..................... 2 3. THE PROPOSED INSPECTOR'S QUALIFICATIONS AND EXPERIENCES ...........................2 3.1 General Qualifications .................. 3.2 Certificates and Professional Licenses: ............ 3 3.3 Work Experiences on Similar Projects .............. 3.3.1 Garden Grove Freeway Improvements for the SR -22 Freeway: .............. ......3 3.3.2 Del Amo Blvd. Extension, T-30 Phase 2: 3.3.3 LACCD: West Los Angeles College 2nd Access Road ..................... 4 ................... 3.3.4 City of Brea — Birch Street Alley Improvements ............... .......4 3.3.5 References: 5 .......................................................... 4. METHODOLGY AND APPROACH: ...................... 5 ............................................. 5. PROPOSED RATE ............................................... 8 ................................................................. 6. INSURANCE ....................... 1. PROJECT UNDERSTANDING The subject project consists of streetscape enhancements on Rosemead Boulevard, to improve safety and aesthetics within the Temple City right-of-way over approximately 2 miles of road, from the southern city limit with the City of Rosemead at the UPRR railroad bridge, to the northern city limit with the County of Los Angeles at Callita Street. As we understand, in general the project features include the following; • Removal and replacement of existing sidewalks, asphalt pavement, concrete pavements, curb and gutters, curb ramps and existing short retaining walls • Construction of localized decorative pavements and crosswalks • Removal and replacement of drains and installation of new drain system • Installation of new irrigation system lines + Improvement of underground utilities • InstaIlation of traffic signals and traffic signs • Construction of Bus Shelter + Median Hardscape • Installation and improvement of street and pedestrian lightning The estimated duration of the project is 16 to 18 months and the engineer's estimate for this project is about $13M to $15M. It is our understanding that we will perform as an independent consultant and on an as -needed basis, as required by the City of Temple's (City) Project Manager. GAI will provide the Project Resident Inspector (RI) for the project. The introduced RI will work on an as -needed basis with the assumption of working full time for the majority of the construction duration, i.e. 16 to 18 months. The main role of the RI is to assure the City about the compliance of the delivered project with the required and applicable codes and standards. In this regard the inspector is required to conduct all the works and prepare all the documentation in accordance with the provisions of Caltrans' latest Local Assistant Procedures Manual (LAPM) and the 2009 Greenbook Standard Plans and Specifications. The inspector will manage all the inspection services at the site and will coordinate for all necessary on-site special inspection services that should be conducted through materials testing firm. Geo-Advantec Inc. Proposal No.: 12-1018 Page 1 We are certain that the extensive experience of our Proposed RI in conducting consulting. and insaection services for the Proiects of similar size and nature, in combination with the relevant uualifications, and our firm's ability in supportina the Rl's Held needs, will satisfv the nroiect and the client's needs. 2. FIRM NAME AND INFORMATION Geo-Advantec provides a full range of responsive and quality geotechnical engineering and engineering geology services for all phases of projects from conceptual design phase through construction phase. Our team of geotechnical engineers, geologists, field and laboratory technicians, and inspectors with a wide range of skills has worked on public and private sector projects including educational and municipal buildings, roadways and transportation related structures, public infrastructure facilities, and residential, commercial, and industrial facilities and structures throughout Southern California. The corporate office of Geo-Advantec Inc. (GAI) is located at 457 W. Allen Avenue. Suite 113. San Dimas CA 91773 and is a local/regional business, located at about 15 miles from the Citv. Mr. Shawn Ariannia, the president of Geo-Advantec, is the authorized Person to negotiate. finalize. and bind the contract between GAI and the Citv. }ie will be reachable at (909) 305- 0400, which is the office number for GAI, his cell Phone. (310) 365-6091, or e-mail address. SAriannia(@,,GeoAdvantec.com. 3. THE PROPOSED INSPECTOR'S QUALIFICATIONS AND EXPERIENCES 3.1 General Qualifications We propose Mr. Ronald Hanson, P.G., R.E.G., as the Resident Inspector for the project. Mr. Hanson is a California Registered Geologist and a Certified Engineering Geologist, with over 28 years of experience in performing geological/geotechnical investigations, and construction inspection services for major projects. Mr. Hanson has been involved in numerous large -size public and private projects. Mr. Hanson's qualifications and certifications, as well as his extensive experience are discussed hereafter and fulfill the needs of this project and assure the City about the quality of services they receive. Geo-Advantec Inc. Proposal No.: 12-1018 Page 2 3.2 Certificates and Professional Licenses Mr. Hanson earned his Bachelor of Science in Geology Degree from University of California, Los Angeles, in 1984. He is also a Professional Geologist and a Certified Engineering Geologist in the State of California. The followings are the list of certificates and licenses that Mr. Hanson holds: • Professional Geologist (Board for Professional Engineers, Land Surveyors and Geologists) • Certified Engineering Geologist (Board for Professional Engineers, Land Surveyors and Geologists) • ICC Certified Soils Special Inspector (ICC; International Code Council) • CalTrans Certified Inspector • Deputy Building Inspector -- Soils/Grading (City of Los Angeles) • Nuclear Gauge Operating Certificate Copies of the aforementioned certificates and his resume are provided in "Attachment 1". 3.3 Work Experiences on Similar Projects During his professional career, Mr. Hanson has managed, monitored, and inspected numerous projects, among them several projects with the scope and administrative structures similar to the Rosemead Boulevard project. He has enormous work experience and familiarity with the Caltrans testing specifications and standards, Caltrans Local Assistant Procedure Manual (LAPM), The Greenbook Standard Plans and Specification, The California Building Code (CBC), Caltrans Test methods (CT) and ASTM testing procedures. The following is a summary list of some of recent similar projects in which Mr. Hanson was involved: 3.3.1 Garden Grove Freeway Improvements for the SR -22 Freeway The SR -22 Freeway Design -Build project included construction/widening of the freeway to accommodate a 12 -mile HOV lane addition in each direction and auxiliary lanes for multiple ramps and interchanges, 22 widened bridges, 9 replacement bridges and 3 new bridges. The work was performed under Caltrans jurisdiction and all the tests and inspections were performed per the Caltrans specifications. For the duration of the construction, Mr. Ronald Geo-Advantec Inc. Proposal No.: 12-1018 Page 3 performed as a Caltrans certified inspector and at the same time, he supervised a team of Caltrans certified inspectors. 3.3.2 Del Amo Blvd, Extension, T-30 Phase 2 The proiect was federally funded in hart and administrated by the Citv of Torrance. The applicable codes and STANDARDS for testing and inspection was a •p �, z d combination of CalTrans standards and test methods, California Building Code ` 'o " "`o (CBC), and the Public Work Construction Specifications (Greenbook) which refers ���DsN'riP' to ASTM standards. The project included construction of the new 4 -lane roadway (Del Amo Blvd.) between Crenshaw Blvd. and Maple Ave., and the widening of an existing segment of Del Amo between Maple Avenue and Prairie Ave. Construction also includes a new bridge over the BNSF Railway's mainline tracks, MSE retaining walls, drainage improvements, relocation of railroad spur track and reconstruction of affected off-site facilities. The estimated construction value is $13.5 — 15 million. Mr. Hanson supervised the monitoring, testing, and inspection of the first phase of the project performed during 2010-2011. 3.3.3 LACCD: West Los Angeles College 2"d Access Road West Los Angeles College lies between Los Angeles County and Culver City. The project consisted of construction of a new half mile access road connecting w _ Jefferson Boulevard to Sophomore Drive with and included mass grading of cut and fill slopes up to 30 feet and 20 feet respectively, as well as construction of bridges, retaining and sound walls, removal and replacement of storm drains, and landscaping. Mr. Hanson performed as the registered engineering geologist for the project and supervised the grading testing and inspection of the project. The monitoring, construction inspection, and materials testing included subgrade and base material and asphalt concrete paving monitoring and compaction testing. 3.3.4 City of Brea —Streets and Alleys Improvements Mr. Hanson supervised the team of field technicians who performed field geotechnical and asphalt inspection for different improvements within the City. As an example of one of these Geo-Advantee Inc. Proposal No.: 12-1018 Page 4 projects was improvement and replacement of the alley north of Birch Street for approximately 1000 linear feet. The project consisted of removing and replacing portions of an existing alley including new portland cement concrete (PCC) pavement and asphalt concrete (AC) pavement sections, The new alley included a concrete valley gutter down the centerline of the alley, as well as doweling new concrete sections into existing sections. 3.3.5 References The following is the list of three references for Mr. Hanson: I- Mr. Lewis Hubbert, Director of Maintenance, Palos Verdes Unified School District Phone Number: (310) 780-4707 2- Mr, Arash Abbasian, Project Director, Vanir Construction Management, Palos Verdes School District, Phone Number: (310) 704-8090 3- Mr. Craig Bilezerian, City of Torrance Engineer, (310) 618-3054 4. METHODOLGY APPROACH AND OUR SCOPE OF WORK It is our understanding that we will perform as an independent consultant and on an as -needed basis, as required by Vanir Construction Management ("Vanir CM") and the City of Temple's (City) Construction Manager. GAI will provide the Project Resident Inspector (RI) for the project. Based on our review performed on the available documents, as well as our experience from similar projects, we believe that as a minimum, the scope of work for the Resident Inspector (RI) will include the followings: 1. Providing resident inspection services to insure compliance with code, plans, specifications and overall quality control required by the project. Issuing corrections and notifying the City and Construction Manager, in writing, if work does not conform to the contract documents 2. Assisting the Construction Manager and the City in scheduling all required special inspections, tests, and testing laboratory visitations required by the Contract documents. Observing; and recording dates and times of all test procedures Geo-Advantec Inc. Proposal No.: 12-1018 Page 5 3. Inspecting and verifying that Contractor's As -Built record documents are updated monthly and prior to processing the Contractor's monthly payment request 4. Maintaining liaison with the A/E, Construction Manager, Testing Lab, City and other regulatory agencies and governing bodies as necessary to maintain project continuity 5. Submitting, on a daily basis, an inspection report to the Construction Manager, including the following information: 5-1) Activities performed by the Contractors, and areas where work is performed 5-2) Manpower assigned to each Contractor and Subcontractor 5-3) Weather conditions 5-4) Equipment and materials delivered to the site 5-5) Construction equipment and vehicles utilized 5-6) Nature and location of the work being performed (starting and completion dates for various portions of the work) 5-7) Verbal instruction 5-8) Inspections done by representative of regulatory agency 5-9) Note occurrences or conditions that might affect Contract Sum or Contract Time 5-10) A list of visitors to the site, titles, and reason for visit 5-11) A List of telephone calls made or received, and a substantial outline of the nature of such calls, including statements or commitments made during the call and identification of the parties calling 5-12) Record of any work or material in place that does not correspond with the drawings or specifications, as well as resulting action taken, a list of any other problems or abnormal occurrences that arise during each day including notations of any particular lack of activity on the Contractor's part, and a note of corrective actions taken Geo-Advantec Inc. Proposal No.: 12-1018 Page 6 6. Reviewing and monitoring Contractor's construction methods and procedures during all construction activities, including earthwork, concrete placement, masonry erection, welding procedures, etc. 7. Attending all meetings as requested in contract documents and requested by City/Vanir CM, i.e., billing, specification review, coordination, weekly progress meetings, and etc. 8. Assisting the Construction Manager and City in scheduling all required tests, and testing Iaboratory visitations required by the Contract documents and observing and recording dates and times of all test procedures 9. Inspecting, verifying and documenting Contractor's delivered equipment and materials to insure that they meet submittal and specification requirements. Such inspection must occur within 48 hours of Contractor's delivery of equipment to the job site 10. Submitting to the Construction Manager, in a timely manner, a detailed report or request for a clarification whenever any corrective change is necessary in field construction that will result in a variance from the drawings or specifications as originally issued 11. Reviewing the Contractor's Payment Requests at billing meetings 12. Preparing a list of incomplete or unsatisfactory items via a "punch list" for the City and submitting it to the Construction Manager when the Contractor's work or a designated portion thereof is substantially complete 13. Assisting the City in reviewing of Contractor's Submittals, upon request 14. Delivering all inspection records and project correspondences to the City upon completion of the project 15. Cooperating with the City and Construction Manager to develop an inspection plan for the construction of the project prior to the commencement of the work Our approach is based on effective communication with the project delivery team and the client as well as pro -active performance and we are certain that extensive experience of our proposed RI in conducting consulting and inspection services for the proiects of similar size and nature, in combination with his relevant qualifications, will satisfy the project and the client's needs. Geo-Advantec Inc. Proposal No.: 12-1018 Page 7 5. PROPOSED RATE Our proposed hourly rate for the services outlined in the RFP and this submittal, to be performed, by our proposed inspector, Mt. Ronald Hanson, is provided in a separate envelop, which is submitted within this proposal. 6. INSURANCE A copy of our insurance certificate is attached. We carry General liability, workers compensation, and professional liability insurances in the amount shown on the attached certificate. The summary of our coverage is: 1. Public Liability and Property Damage Insurance in an amount of not less than $1,000,000 per occurrence, with a $2,000,000 general aggregate 2. Professional Liability in an amount of $1,000.000 per claim and $1,000,000 annual aggregate 3. Business Automobile Liability in an amount of $1,000,000 per occurrence 5. WORKING HOURS GAI's regular work days during the week are Monday through Friday. Monday through Friday overtime hours equal tol.5 times regular rate shall apply after eight (8) hours of work per day. Premium time hour's equal to 2 times regular rate shall apply after twelve (12) hours per day. Saturday overtime hours are 1.5 times the contracted hourly rate. Sundays and Holidays work hours rates are 2.0 times the contracted hourly rate. Regular and overtime hour charges shall be in one-hour increments. Geo-Advantec Inc. Proposal No.: 12- 10 18 Page 8 ATTACHMENT I Resume of Mr. Ronald Hanson Professional Licenses and Certificates Ronald C. Hanson R.G., C.E.G EDUCATION: B.S. in Geology, California State University, Los Angeles (1984) Graduate courses in Geology at California State University, Los Angeles • Courses included: Hydrogeology, Engineering Geologry, Geomorphology, Photogeology and Tectonics REGISTRATIONS AND CERTIFICATIONS: • California Registered Geologist #5143 • California Certified Engineering Geologist # 1841 • South Coast Geological Society • Association of Engineering Geologists • City of Los Angeles Deputy Grading Inspector • ICC Special Soils Inspector • Caltrans Certified Grading Inspector EXPERIENCES SUMMARY: More than 27 years of experience in performing geological/geotechnical investigations, geologic inspections, field inspection and testing for major projects and in preparing of geological reports Worked on numerous grading operations and was the head Geologic Inspector of the CC Ranch project in Castaic, CA, a large project that consisted of four million yards of soil being moved. Performed geologic mapping for fault evaluations at the Seven Oaks Dam Project and has worked on the widening of the Garden Grove Freeway (State Route 22) inspecting fill slopes, sub -grade preparation and over excavation of unsuitable material, and verify compliance of performed work with project specifications. EXPERIENCE: • Geo-Advantec Ina, CA (June 2012 -Present) Principal Engineering Geologist / Field Operations Supervisor Responsible for management and supervision of all field monitoring and testing, including field inspection for earthwork projects and supervising field technicians for monitoring projects within the public and private sectors. • Koury Geotechnical Services, Inc., CA (2004-2012) Senior Engineering Geologist Performed geologicaVgeotechnical investigations and prepared geological reports. Performed field and office geotechnical engineering tasks and supervised field technicians for monitoring projects within the public and private sectors. Worked as a deputy and field inspector as needed for various types of projects. Performed field inspection services for SR -22 Freeway under Caltrans jurisdiction and supervised a team of up to 20 field Caltrans certified inspectors. " Pacific Drilling and Geology (1990-3003) Engineering Geologist Owned and operated the company. Operated bucket auger drill rig and worked as a consulting geologist for a variety of geotechnical and geologic firms. Performed fault investigations, seismic hazard evaluations, geologic inspections, and preliminary subsurface engineering geology investigations. " Hakimian Engineering (1987-1990) .Project Geologist Worked as the head geologist of the company's projects. Scheduled personnel and equipment, performed site investigations, performed extensive research, reviewed air photo and wrote numerous reports and recommendations of field findings. Performed geologic inspections and other related activities. i j f � ii j"j! 1 i• Ifjii `l;;I � ; 7.•� ijj# IIii�T�ffl�l]i�l�Tif fl lTll�ifiir�tf--IfilT�fil. ii�liitf[1�1��E�, �ii�i� 0 -= _= OMNI i j f � ii j"j! 1 i• Ifjii `l;;I � ; 7.•� ijj# IIii�T�ffl�l]i�l�Tif fl lTll�ifiir�tf--IfilT�fil. ii�liitf[1�1��E�, �ii�i� 'i;j�f-f-�li''',�j;l`•��li;,,;� ;.:iii,; }i F, l 0 2,0 yJ 0 r w wW Ci) ' C7 'i;j�f-f-�li''',�j;l`•��li;,,;� ;.:iii,; }i F, l a O 0 0a F=� Xm L: Remove your new Pocket Cert if i c ate Board for Professional Engineers, Land Surveyors, and Geologists from the receipt portion a f1 d carry 2535 Capitol Oaks Drive, Suite 30o Sacramento, CA 95833-2944 it with you at aLL times. 976 263-2222 103/{1 101/11 Circ WMf HOARD FOR PROPM10"AI, ENaINEBR9, — _ r\ ` ,_LAND SURVEYOR& .AND GEOLWISTS . -� 91 ':, I M P D R T A N T CUT HERE •• ,..._ 2536 CAPrrC[ CL"It PRWE. surra $00 '`r `? uZ 7 Ht:RE ��� EACItAYEIRO, CA 3 5633-2 944 its 269272 ,+s I. Pleaaa InclUda yntr CWdfICM NUMIal on any enzrepoadeAm to this nfhr CERTIFIED 2. Notify lbn Eoard of any tuttm or addreu rlunfa in rlh ililtll. ENGINEERING GEOLOGM CERTIFICATE 110. FXPPATWU 3 RePmi any Ions of this Cutifiate immodutaly In writing to tho Board. EG IE41 II11bd13 RONALD C. H A N S O N 4. Pleasa sop "A tarry the Pocltat Certificate with yea. 420 W SIERRA MADRE BLVD #F K. Plea", larnimtn your Cnriifidte to avoid damriamoon. SIERRA MADRE CA 91024 ROMAW C. HANSOM CERTIFICATE 110. "PIRATION OATL RFLEIPT no, lSrgnvevry RECEIE HU. EG 1941 11/30/13 129000411 �__–_ 37990DA9 This is your ret:slpt. Please Sava for your records. POOEG "/22/11 Remove your new P o c k e t Cert i f i c a t e Board far Professional Engineers, Land Surveyors, and GeologtsU 2535 Capital Oaks Drive, Suns 300 from the receipt portion and carry Sacramento, CA 95833-2544 it with you at aLL times. SIB 263-2222 /03/11 CU1 HERE BOARD FM PROFESSIONAL 0N6TNeif%% '��� ..—LAND SURYI3YOAS, AND GEOLOGISTS b* I N P 0 R T A N T CUT HER " " UT HERE 268E GPITOL OAKS VAUVE turf! 200 sACRAYFlrro, CA 95e32-2944 1. Plow inciode your Camfinra Number as any corraglonda"ea 4a Ibis offils a►a 2sa-�22a 2. Notify the Board of any a&= at addrom chRW in "ritia& PROFESSIONAL GEOLOGIST CEWWICATE ftp. EXI'MATtoM 3. Raporl any leu d Ibis Cartlfitaw tmawAiately I0 wrlistgl Io the Board. 3143 11/10113 A. please sign and any dw Pod t" C4111firalts with you. RONALD CRAIG HANSON 420 W SIERRA MADRE BLVD #F S. Plum IAmltlAts your Cartirieam to avoid daltniomilon. SIERRA MADRE CA 91024 f101W0 uu1G fWCW 1 CERTIFICATE NO FXPIRATION DAIS MCIFIPT N0. E Srgn�luty ARCEIPT 5143 1 1/3W / 1 S 120SM90 I{ zs}ooyn This is yout receipt Please sive for your records. Pa"EO 64/77/11 jqiP'T• to , I , e -,U I !V-A,�,.O ft'* I — - -.1— — 0. "Z'� A DEPUTY BUILDING tNSP _cense # RONALD C. HANSM so LS,GRADING betWd 6q Cdr of Lue Atmos, Dnpstft a K of 3 and 5.ovt, ATTACHMENT II Evidence of Certificate of Insurance ACCW ►® CERTIFICATE OF LIABILITY INSURANCE 19/0 20 2 "' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RJGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT.--If the eertHleate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the cartificate holder In [tau of such endorsement(s). PRODUCER CONTACT Fina Coolie Cornerstone Specialty Insurance Services, Inc. PHONE,, {714)731 7700 ac NorMdtl ^La773z-7Tso 14252 Culver Drive, A299ADDRESS:tinaPcorners tonespeca-alty.com INSUREERISI AFFORDING COVERAGE MAIC 0 I Irvine CA 92604 INSURERA:Transportation Insurance Co 20494 INSURED INSURERe Valley Forge Insurance Company 20508 GEO-ADVANTEC, INC. INSURERC:Beazley USA Services, Inc 457 West Allen Ave., Ste. 113 INSURER D: I INSURER E: ++I San Dimas CA 91773 IINSURERF: i COVERAGES CERTIFICATE NUMBER 12/13 ALL COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ASURh D NAMED ABOVE FOR T"HE POLICY PERIOD INDICATED- NOTAITHSTANDING ANY REQUIREMENT- TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INER AODL-SUt31t POLICY EFF POLICY EXP j LTR TYPE OF INSURANCE INSR Wyn POLICY NUMBER fItkwho/YYYYI imAlb LYYYY7 LJMIT3 GENERAL LIABILITY EACH OCCURRENCE S 1, 000,OO6 X COMMERCIAL GENERAL AaD rY DAMAGE TO RENTED UT P SfEanenrrenral S 300,000 A = CLAIMS-MARES J OCCUR 5085116874 5/25/2012 5/25/2013 MED EXP WIV.P..) S 10,000 X Acldtl Insrd/Primary Per Endt SB-3001768 AB IPERSONAL3ADVINJURY s 1,000,000 I X Blnkt Waver of Subro EIEQUIRED BT WRITTEN (GENERAL AGGREGATIF S 2,000,000 GENT. AGGREGATE LIMIT APPLIES PER 2ON'TRACT PRODUCTS-OOMPIOP AGG S 2,000,000 POLICY n PfFr I I LOC I 3 AUTOMOBILELIABIUTY uuMslNEornsIN�Lt LIMIT s 000,000 A ANY AUTO �Of3iLY "IJURY (Per psrsdn) $ ALLOWNEED SCHEDULED 5085116874 5/25/2012 5/25/2013 f AUTOS BODILY INJURY (Per rottdsllf) i AUTOS NON-OWNE4 MPERTY DAMAGE S X HIRED AUTOSX AUTOS +I S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS UAR � � CLAIMS-MADE J AGGREGATE DED IRETENTIONS I S B WO KERS COM ENSATION}C I YTAATULi T (OFR AYIN ND EMPLOYERS' LIABILITY ANY PROPRIErORIPARTNERIEXECUTWE' N A E.L EACH ACCIDENT S 1,000,000 OFFfCEuwy kin N) EXCLUDED? � 5085120908 3/25/2012 5/25/2013 E L DISEASE - EA EMPLOYEE 3 11000,000 {Mandatory in NN} It YN, describe under DESCRIPTION OF OPERATIONS Uwuw E L DISEASE • POLICY LIMIT S 11000,000 C PROFESSIONAL LIABILITY V129Ha120101 5/25/2012 5/25/2013 EACH CLAIM $1,000,000 CLAIMS HADE ANNUALAGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {AWeh ACORD 101, Additional Remarks Schedule, if more spats Is tmqulmd) Evidence of coverage in force. Contractual insurance requirements will be addressed at the time the contract is awarded. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PROPOSAL PROPOSAL PROPOSAL PROPOSAL PROPOSAL PROPOSAL AUTHORL:Ep REPRESENTATIVE T_na Cowie/TCOWIE T ACORD 25 (2010/05) Cr 1988-2010 ACORD CORPORATION. All rights reserved. INSr25 Tt� 4f'nRr1 nama and Irwin era ronietnrarl marka of Ar O]Qn ATTACHMENT III Non -Collusion Affidavit Disclosure of Lobbying Activities L,ocx1 Assistance Procedures Manual EXIImn' 12-E PS&E Checklist Instructions Attachment D ATTACHMENT D NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7146) To the CITY /COUNTY of Te fYt , f t DEPARTMENT OF PUBLIC WORKS. In accordance with Title 23 united States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone sball refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,'that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof sball also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. �c- � ILot,wv+ I�r � Ahtnt'0. p�.c; a rit Page 12-27 OB 12-04 June 29, 2012 Local Assistance Procedures Manual EXII1BfT 12-E PS&E Checklist Instructions Attachment F ATTACHMENT F NONLOBBYING CERTIFICATION FOR FEDERAL Alp CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 144r- VI(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal 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, grant, 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 federal agency, it 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 undersigned shall complete and submit Standard Farm -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions, '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 shall be subject to a civil penalty of not less than $10,000 and not more than 5100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. ae-e - AdvankC � Inc- Page n e . OB 12-04 Page 12-31 June 29, 2012 Local Assistance Procedures Manual EXHIBIT ]2-E PS&E Checklist Instructions Attachment 9 ATTACI{MENT G DISCLOSURE OF LOBBYING AC'I'IVI1'IE5 COMPLETE T141S FORM TO DISCLOSE LOBBYING ACf1V[TIF.S PURSUANT TO 31 U,SP.-l352 1. `Fype of Federal Action: Z. Status of Federal Action: 3. Report T ❑ a• contract ❑ a bidloffeNapplication 11a. init' b. gronl b. initial award b. serial change c. coopermtive agreement e. post -award d. loam F Material Change Only: C. loan guarantee year ` quarter loan insurance date of last report 4. Name and Address or Reporting Entity 5. if Repordn ntity in Pio. 4 Is Subawardee, Enter Na and Address of Prime: Prime � Subawardcc Tier if known Congressional District, if known Congressional District, ifknown 6. Federal Department/Agency: 7. Federal Program NamelDescripdon: CFDA Number, if applicable _ 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobby Enllly b. Individuals Performing Services (including (Ifindividual, last name, first nam MI) address ifdiffC=L from No. I Da) (last name, First name, MI) (attach Continuation Shaci(s)ifnecessmy) 11. Amount of Payment (chec II that apply) 13. Type of Payment (check all that apply) S uai planned +_ a. retainer _ b. one-time fee 12. Form of Payment (cb k all that apply): _ C. commission ea. cash _ d. contingent fee b. in-kind; ccify: naturu a deferred value — f. other, specify 14. Brief Descriptio or Services Performed or to be performed and Date(s) of Service, including _^- ofticer(sj empl yee(s), or merriber(s) contacted, for Payment Indicated in Item 1I: (attach Continuation Shtol(s) if necessary) 15. Continuati n Sheegs) atlttchcd: Yes ❑ No 16. Infaro ration uested through this form is authorized by Title 31 U.S.C. Se tion 1352. This disclosure of iobbying reliance Signature• was placed the tier above when his tmns=Wm was made or entered i to. 'This disciosum is required puavmt to 31 Print Name: U.S.C. 13 . This information will he reported to Can grc� semiannu ly and will be availabio for public inspoction. Any person w n fails to file the n�uired disclosureshall be subject rifle: to a civit eealty of not less then 510,000 and not room than 5100,00 forcaebsuch failum. Telephone No.! Date: Authorized for local Reproduction Federal Use Only: Standard Form - LLL Standard Form LLL Rev. 09.12.97 Page 12-33 OS 12-04 Jane 29, 2012 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions .INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an offices 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 a covered federal action. Attach a continuation sheet for additional information if the space on the form is i rradequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information, I . Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. identify the status of the covered federal action. 3. Identify the appropriate classification of this report, If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4, Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. b. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard, 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include pref=ixes, e.g., "RFP -DE -90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made, 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-34 ,tune 29, 2012 OB 1x-04 Local Assistance Procedures Manual PS&E Checklist Instructions FXH1tBIT 12-F. Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the ofiiccr(s) cmployce(s) or Members) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying; official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503, SF -LLL -Instructions Rev. 06-04-411uENDIF)i Page 12-35 OR 72-04 June 29, 2012 LoeRl Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment H ATTACHMENT 11 SECTION 2. PROPOSAL REQUIREMFMTS AND CONDITIONS 2-1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of and the submission of the bid. The bidder's bond shall conform to the bond form in the Bid book for the project and shall he properly filled out and executed. The bidder's bond form included in that book may be used. In conforinance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid book. Signing the Bid book shall also constitute signature of the Noncollusion Affidavit, The Contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations), Part 26 in the award and administration of US DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contracts. 2-1.0 15 --FEDERAL LOBBYING RESTRICTIONS. --Section 1352, Title 31, Uri led States Code prohibits Federal funds from being expended by the recipient or any lower -tier sub -recipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the some purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Bid book. Standard Form - LLL. "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Bid book. Signing the Bid book shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000, All disclosure farms, but not certifications, shall be forwarded from tier to tier until rcrcived by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially effects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: Page 12-37 OR 32-04 June 24, 2412 zkAidil 12-E Attachment H Local Assistance Procedures Mau ual P5&E Checklist Instructions (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action, or (z) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or (3) A change in the officer(s), employces(s), or member(s) contacted to influence or attempt to influence a covered Federal Action. rage 12-3b June 29, 2012 OB 12-04 Ge iechnicalE gineer-in Earthquake &4gineering Engineering e logy 457 West Allen Ave., Ste. 11 San Dimas, Califomia 91773 Phone.- (909) 305-0400 Email: Info@GeoAdvantec.com www.GeoAdvantec.com.