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2200 - CEJ Engineers Inc - Sidewalk Installation Project at Earle and Wells - Design Services c. E b ` S C17 901 4o PROFESSIONAL SERVICES AGREEMENT SIDEWALK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET— DESIGN SERVICES (CEJ ENGINEERS, INC.) 1. PARTIES AND DATE. I This Agreement is made and entered into this 12- day of t)l r , 2016. (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CEJ Engineers, Inc. with its principal place of business at 15859 East Edna Place, Suite 101, Irwindale, CA 91706 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing design services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing general public works and professional engineering services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design CEJ ENGINEERS, INC. Page 2 of 11 services necessary for the Project ("Services"). The Services and hourly rates are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from Effective Date shown above to June 30, 2017, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultants submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable CEJ ENGINEERS, INC. Page 3 of 11 to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. . 3.2.5 City's Representative. The City hereby designates City Engineer, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Joaquin Cervantes, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultants failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. CEJ ENGINEERS, INC. Page 4 of 11 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the entire duration of this Agreement an insurance coverage and policy as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, as specified in the attached Consultant proposal (i.e., hourly rates, expenses, etc.), but not to exceed Forty Thousand Six Hundred Dollars ($40,600.00) per fiscal year. Such payments shall be made on an as-needed basis as directed by the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the CEJ ENGINEERS, INC. Page 5 of 11 subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. CEJ ENGINEERS, INC. Page 6 of 11 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CEJ Engineers, Inc. 15859 East Edna Place, Suite 101 Irwindale, CA 91706 Attn: Joaquin Cervantes Tel: (626) 893-9266 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: City Engineer Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, CEJ ENGINEERS, INC. Page 7 of 11 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or other, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and CEJ ENGINEERS, INC. Page 8 of 11 attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. CEJ ENGINEERS, INC. Page 9 of 11 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. CEJ ENGINEERS, INC. Page 10 of 11 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement; except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] CEJ ENGINEERS, INC. Page 11 of 11 CITY OF ROSEMEAD CEJ ENGINEERS, INC. By: 130-C Y - t0 . ,z . ,te —�� `J z1(P Bill R. Manis, City Manager Date Date Name: .Tt4€ i&i (.(e✓A l-f3 Attest: / Title: `Pfl�lmb`/1 1012 Marc Donohue, City Clerk D to [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to form: Name: 1-01`(191M3 l. rIUek City Attorney Title:V1C% VfLet EXHIBIT A SCOPE OF SERVICES/ HOURLY RATES A-1 August 30, 2016 CRY OF ROSEMEAD Rafael Fajardo City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 SUBJECT: PROPOSAL FOR SIDEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET(RFP NO.1641) Dear Mr.Fajardo. CD Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City's project. CU Engineers specializes in street design and street improvement projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, master plans, and preparing PS&E for various projects in accordance with local and regional standards and policies. Our key personnel has more than 40 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and the Los Angeles County. CEJ's personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program. The CEJ team will provide services for the aspects required for this project as per the scope of work. The following Exhibits are enclosed: _ Exhibit A—Scope of work — Exhibit B—Proposed Fee We believe the CEJ Team provides the right combination of experienced staff;Project understanding,and local knowledge to successfully assist the City of Rosemead with Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 960-0152 or at jervantes@eej-eng.com. Respectfully Submitted, Joaquin Cervantes,P.E. Principal CEJ Engineers,Inc. 15859 E.Edna Pl.,Suite 101 bwindale CA 91706 Engineers•Surveyors•Planners SE aO 15859 East Edna PI.,Suite 101,Irwindale CA.,91706/626-960-0152 PROPOSAL SIDEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET(RFP NO 16-01) Table of Contents Firm Introduction 3 Qualifications of Project Team 3 Scope Of Work S Project Management S Project Understanding 6 Plans,Specifications&Estimates 7 Project Submittals 9 Bid Period Assistance 9 Engineering During Construction 9 PI,,Suite f ,Irindal• A,910 5 15859 East Edna PL,9ude 101,Irwindale CA.,9110 6/61 6,960.014 Q PROPOSAL SIDEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET(RFP NO.16-01) — _ a Firm Introduction CEJ is a privately-owned engineering corporation that provides a full range of professional civil engineering dedicated to serving public agencies. CU is a certified Small Business Enterprise (SBE) and Disadvantaged Business Enterprise (DBE) that has met the special needs of cities, counties, special districts,as well as state and federal agencies. We offer a full complement of Civil Engineering,Traffic Engineering and Surveying capabilities. Qualifications of Project Team CU Is highly capable and qualified to perform the tasks outlined in the RFP. We are confident that our qualifications listed throughout this proposal will further illustrate our ability to meet the City's expectations for responsiveness,quality,level of service,expertise and commitment. A successful partnership for the type of services being requested by the City of Rosemead involves choosing the appropriate Project Manager and team with diverse capabilities.Team members need the experience and knowledge to quickly resolve design challenges and field issues, but they also need excellent communication skills to interact with the various parties that become involved. Supervision and Team Management CEI offers a qualified team of professionals with the technical qualifications and diverse capabilities necessary to undertake the design for the City's project. The following briefly outlines the responsibilities and qualifications of each of our team members. These individuals are committed to this project for Its duration. Key Personnel Project Manager Joaquin Cervantes, CEJ's proposed Project Mpnaner for this project will remain in this position and as the key point of contact. Mr. Joaquin Cervantes, P.E., has over 18 years of experience. Mr. Cervantes will be assigned as our Project Manager for this project and as Principal of CEl Engineers;he will have the authority to negotiate on behalf of the Company. He has extensive experience with various city capital Improvement projects including several storm drain and flood control projects. He will be the primary point of contact with the City and will he supported by the staff resources of the firm. lie has over eighteen years of civil engineering experience. Mr. Cervantes has assisted in the design and preparation of plans and specifications for street improvements, hydraulics,drainage, engineering planning, flood control,storm drain,sanitary sewer, highway interchange projects for numerous public agencies in Southern California. 6 qQ Pg.3 PROPOSAL SIDEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET(RFP NO.1641) Education: 1995 B.S,Civil Engineering California State Polytechnic University, Pomona, Registration: California No.C70635,Civil Mr. Miguel Espana,E.1.T,QSD,will serve as the lead civil staff design engineer and is a Senior Engineer with CEJ Engineers, Inc. lie has over 18 years of experience in civil engineering specifically in highway, street Improvement, and traffic engineering projects. His experience also Includes highway/street design, alternative studies, utility coordination, Storm water Pollution Control Plans ISWPPP) cost estimating,grading,railroad grade separations,stage construction/traffic handling,and detour plans. Education:1998 B.S,Civil Engineering California State Polytechnic University,Pomona 2001 M.S.Civil Engineering California State University,Long Beach Registration:California E.1.7 Mr. Carlos Unpile, P.L.S., will serve as the lead surveyor, his qualifications include over 16 years of professional work as a Land Surveyor. Mr. Urefla has direct exposure to management of office staff and field staff, sales, client relations, cost estimating and proposal generation, commercial ALTA surveys, control surveys including GPS, Boundary, Topographic, Extensive Construction Calculations, survey research for utility mapping and coordination and project management coordination and implementation. Mr. Urena will be responsible for the design of cross-sectional survey,and topography. and the preparation of right-of-way documents as necessary. Education:2000 B.S,Civil Engineering,California State Polytechnic University,Pomona Registration:Ucensed Land Surveyor CPU),California,License No.8234 Staffing Availability CU recognizes that the key to successful project execution is dependent upon the key personnel and how they will manage their time to participate in the project.CU will dedicate the appropriate staff on the projects and Insure that the staff has the required schedules to be able to properly execute the project. Below is a table indicating the staff availability. Key Personnel Role Availability Carlos Alvarado,P.E CA/QC 10%to25% Joaquin Cervantes,P.E Project manager 60%to 80% Miguel Esparta,E.1.7 Design Engineer 60%to 80% Carlos Urena,PLS Land surveyor 50% CSE O Py.a PROPOSAL SIDEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET(REP NO.16-01) As demonstrated in the above descriptions of our key personnel,CO is proposing experienced personnel that will provide best practices to every task.Our key personnel,backed by experienced support personnel,are assigned lead roles to ensure continuity across all services. Scope Of Work The following tasks will give a detailed description of the professional services Included in this Scope of Work and our Project Approach. Project Management The team management and close coordination with all parties involved In the project is critical to the successful completion of any project. CU takes pride in the high level of service we provide to our clients. Three key elements to successful project management include a Project Kick-off Meeting, and Project meetings. Project Kick-off Meeting A Project Kick-off Meeting will be scheduled to include the decision makers and policy enforcement staff from the governing agencies and utility companies associated with this project(Project Team). Project Meetings CU will attend project meetings as required. We anticipate we will need to attend a total of 3 meetings (kick-off and 2 design meetings). Quality Control Approach The primary and most Important fundamental aspects to the execution of any construction contract is the adherence to an established Quality Assurance/Quality Control(QA/QC)plan. CE1 proposes Carlos Alvarado as QA/QC manager for all task orders. He has over 40 years of experience hi management and oversight of public agency projects.These OA/QC procedures are implemented from initial scoping through agency review and approval. As the QA/QC manager,Carlos Alvarado's responsibilities will include the following: • Review project scope,schedule,and budget after the kick-off meetings, Y Review progress at critical stages of the project, ) Make technical suggestions, • Provide management recommendations, > Review deliverables prior to submission S O Pg. 5 PROPOSAL SIDEWAK INSTALLATION PROJECT AT EARLEAVENUE AND WELLS STREET(RFP NO.16-01) ➢ Review the overall project to make certain the projects standards are being achieved Project understanding CEd conducted a field review of the two(2)streets within the Project limits.The project is located at Earle Avenue from Mission drive to Wells street and Wells street from Earle Street to Delta street. The Improvements include grading, removals and Installation of new sidewalk, retaining curbs, driveway and curb gutter reconstruction,tree planting and appurtenant Improvements.The following describes the scope of work for each of the streets: Fade Avenue—IMbsion Drive to Wells Street.) Earle Avenue is a two lane road, classified as Residential Street. It Is 40 feet wide with a total distance of approximately 1,600 LF. Existing Conditions: There is currently no sidewalk on both sides of the street and large sections damaged driveways and curb and gutter. Proposed Scope Our Initial assessment is to constructs new sidewalk on both sides on the street and remove and replace large sections from curb to curb at locations where severe cracking is observed. The City's construction budget will determine the extent of the repairs,sidewalk and curb and gutter replacement. CEJ will prepare conceptual design for the proposed hardscape and landscape improvements as well a preliminary construction cost estimates to adequately assess the extent of the construction improvements as shown on the RFP. Wells Street—(Earle Avenue to Delta Avenue.) Wells Street is a two lane road, classified as residential Street. It is 40 feet wide with a total distance of approximately 350 LF. Existing Conditions: There is currently no sidewalk on the north side of the street along the project limits. Proposed Scope: Our initial assessment is to constructs new sidewalk on the north Street and remove and replace large sections from curb to curb at locations where severe cracking is observed. In order to meet ADA requirements,the construction of the sidewalk within the project limits will require grading,retaining walls and new driveway construction for the four homes. SE Pg.6 PROPOSAL SIDEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET(REP Na 16-01) Structural calculations. In addition,Structural Calculations will be prepared for the proposed retaining wall along this segment of homes. Structural calculations will be prepared and submitted to the City for review and approval. Plans,Specifications &Estimates Task 1-Field Condition Assessment 1.1 Prepare a field survey to assess the physical conditions and utilities within the project area. 1.2 Meet with City staff to define and clarify the work plan and project elements and obtain all project data from the City.We will review all City-supplied information and neighborhood concerns. 1.3 We will coordinate with all utility companies to determine underground, surface, and overhead facilities. CEL Comply with the City-adopted "Utility Coordination Procedures." Determine where Interfaces with existing facilities will occur as a result of the future of this project. In addition,we will consult with affected utility companies and resolve any conflicts. We will prepare a utility log and include findings in our biweekly status reports Task 2-Topographic Survey 2.1 Perform topographic surveys at the necessary locations as necessary to design the intended improvements. CFJ will establish horizontal and vertical ground control necessary to produce a 1"=40' scale digital topographic map within the street right-of-way and beyond the street right-of- way where required. 2.2 CD will establish existing and proposed controls including centerline, street geometries, and right- of-way throughout the project limits. Elevations will be based on the Los Angeles County Department of Public Works(LACDPW). 2.3 We will provide a topographic map showing detailed survey at 1"=40'scale using AutoCAD on 24" X 36" sheets. The map will show all existing conditions, will identify all features include BCR, ECR, flow-lines, centerlines, angle points, top of curb, spandrels, pavement striping, utilities, structures, walls, trees and landscape, underground and surface utilities, poles, hydrants, catch basins, signs, valves,manholes. Task 3-Construction Plans The Plans,Specifications, and Estimates will conform to the City of Rosemead's standards and practices. Ca PROPOSAL SIDEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET/REP NO. 16-01) CEJ will provide clear, concise, and complete drawings with Latest version of AutoCAD and CNII3D software. The design will be plotted using permanent drafting ink on mylar,and drafted on twenty-four inch by thirty-six inch(24"x36")mylar sheets. The plans will be prepared under the supervision of a Civil Engineer registered in the state of California who will sign the final plans. The original drawings and the electronic data of these drawings will be submitted to the City,along with a CD In AutoCAD format upon completion. The construction plans will Incorporate the following: 3.1 CD will conduct all necessary research to establish precise location of all utilities and utility easements for each project. CEJ will provide the utility with a preliminary notification/request for current Information letter and up to three relocation notices via certified mall CU will consult with affected utility companies requiring relocations,and resolve any conflicts,keeping City staff informed in writing, including the possibility of undergrounding utilities presently on poles along the project area. Comply with Caltrans' "Manual on High and Low Risk Underground Facilities within Highway Rights-of- Way. Construction plans will Include telephone numbers of utilities and other affected agencies; power poles;driveway approaches;edge of pavement;water service relocation and/or installation if necessary; sewer manhole cover and water valve cover adjustment if necessary; and other utility's that are of benefit to the design of the project. 3.2 CEJ will prepare and submit a final construction cost estimate. Preliminary construction estimates will be updated monthly and will be submitted to the city as design work progresses. CEJ will prepare a final detailed engineer's estimate prepared in Microsoft Excel spreadsheet format that includes the bid items described within the contract specifications. The estimate will be based upon recent bid prices for similar projects as maintained by CU and Caltrans. Backup quantity calculations will be provided showing detailed computations for accuracy of the quantities upon request. 3.3 CU will address all comments and obtain final design approval from the City of Rosemead. Task 4-Specifications CU will use the City provided "Boiler Plate' and prepare the project's contract specifications using the latest edition of the Greenbook (Standard Specifications for Public Works Construction). The City will provide a copy of a sample specification for reference. • S ? Pg.8 PROPOSAL SIOEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET(REP NO.16 431) Project Submittals The final plans will be submitted in three (3)submittals and will consist of the following submittals and materials. The 60%submittal materials will include the following: 60%Improvement Plans • Title Sheet with vicinity map, General Notes, Signature Blocks, Legend, Sheet Index, Utility Contact Information. • Utility Plans • Sidewalk Plans, Profiles,Sect ions,Details,and Construction Notes • Construction Plans with base mapping Including survey and utility locations. The 85%submittal materials will include the following: • 85%Improvement Plans • 85%Specifications • 85%Engineers Estimate-Including Quantity Calculations and Cost Data. 100%Final Submittal Material will Include the following Item: • 100% Improvement Plans—On mylar and stamped by the Engineer • 100%Specifications—Stamped by the Engineer • 100%Engineers Estimate-Including Quantity Calculations and Cost Data, Final plans,specifications,and estimates will be provided on"D"size mylar,three sets of copy's and in electronic format to the City on a CD and PDF version. Bid Period Assistance • During the bidding process remain"on-call"to provide analysis and interpretation of the drawings and specifications. When requested to do so, prepare and issue addenda to address concerns of potential bidders. • Attend pre-bid meeting. Engineering During Construction • Attend pre-construction meeting. • Review and approve shop drawings and submittals. • Provide consultation during construction including construction RFQ's and RFV's. 05 0 Pg. 9 PROPOSAL SIDEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET(RFP NO.16-01) • Prepare record drawings(as-built)from record information provided by the contractor. Proposed Fee Proposed fee is enclosed in a separate document.See exhibit"B"attached S 0 Pg.10 EXHIBIT "B" CEJ ENGINEERS, INC. Effective July 1,2018 to June 30,2017 Hourly Rate Schedule ENGINEERING DIVISION SURVEYING DIVISION Principal Engineer 150,00 Senior Surveyor 150.00 Project Manager 140.00 Senior Survey Analyst 135.00 Senior Project Engineer 130.0 Survey Analyst II 120.00 Senior Engineer 115.00 Survey Analyst I 100.00 Associate Engineer 105.00 Survey Party Chief 105.00 Design Engineer 100.00 Field Party(Three) 190.00 Designer/CADD Drafter 95.00 Field Party(The).. 180.00 Clerical/Technical Aide 65.00 Field Party(One)..................................110.00 SISPECTION LANDSCAPE ARCHITECTURE Operations Manager 110.00 Senior Landscape Architect 110.00 Supervising Public Works Observer.........105.00 Associate Landscape Architect 100.00 Senior Public Works Observer 95.00 Public Works Observer 90.00 Construction Manager 110.00 Construction Engineer 85.00 REIMBURSABLE EXPENSES Reproduction....................................Cost SubwnsultaM Services. Cost plus 10% Automobile Transportation..................Current rate Delivery,Freight,Courier.....................Cost Agency Fees ....................................Cost Commercial Travel/Subsistence Cost Adds, bay pYI- Sinn Y added toys me Mg tuts Mrs mew sawed.The sevafedle let mVeet&aNN S we..wa end yse9r be 1d emsW an gat(10%1 abm.i t eerapeneit1 arwnylraarrwm bins�AO Wennoead e.Mlrebpoke beast senidesa telikeen,N malnim.Vdd AN 1.ID1I MI YIel0.4117. deWn n mesa fbe Mad sea—bunvY al daps VIM Cows Rio tea bee LaANd. org Ceu ea N rose en Ow wrndalnr. S � EXHIBIT "B" August 30, 2016 CITY OF ROSEMEAD Rafael Fajardo City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 SUBJECT: FEE PROPOSAL SIDEWAK INSTALLATION PROJECT AT EARLE AVENUE AND WELLS STREET(RFP NO.16-01) Dear Mr.Fajardo, CE.) Engineers is pleased to have the opportunity to submit this FEE proposal for professional engineering services related to the City's project. Proposed Fee Our proposed fee is based on the proposal required format and is not to exceed lump sum fee amount of 440,600 based on established hourly rates. Respectfully Submitted, Joaquin Cervantes,P.E. Prindpal CEJ Engineers,Inc. 15859 E.Edna Pt,Suite 101 Irwindale CA 91706 (626)960-0152-office (626)893-9266—Cell S Q EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend,supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or B-1 omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured B-2 endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. B-3 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this B-4 agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. • B-5