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CC - Item 6E - Staff Report - Approval of Professional Services Agreement for PW Inspection Services p ROSEMEAD CITY COUNCIL PRLDE STAFF REPORT \ TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER 1-11 DATE: APRIL 24. 2018 SUB.IECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC WORKS INSPECTION SERVICES SUMMARY For the past several years, the City has utilized consulting firms to perform public works inspection services for encroachment permits and major capital projects involving street. landscaping, transportation, and utility improvements. For the last three years, the City has had Professional Service Agreements (PSAs) with SCB Inspections and Pine Creek for these services. These PSAs will expire on June 30, 2018. As a result, staff has completed the bidding process for a new three year PSA with a consultant for public works inspection services and is requesting that the City Council award it to the lowest responsive bidder. DISCUSSION The City requires public works inspection services for Capital Improvement Projects (CIP). and permitting and inspection services for commercial and private projects that require encroachment into the public right-of-way. PSAs allow staff to retain consultants for specialized services that are regularly needed for various projects. Many cities utilize these types of PSAs to help supplement City staff with additional expertise on large. detailed projects. In addition, PSAs allow staff to streamline the permitting process and expedite project delivery. Currently, the City has PSAs with two outside consultants to perform public works inspection services. As the current PSAs are nearing expiration. staff developed a Request for Proposal (REP) for a new public works inspection PSA. The RFP was issued by staff on February 28, 2018. and on March 14, 2018, the City Clerk's Office received eight (8) scaled proposals for public works inspection services. Staff reviewed each proposal for completeness, understanding of the scope of work, experience, and cost. Included below is a summary of all proposals received, organized by hourly rate. RANK CONSULTANT LOCATION BID AMOUNT 1 SCB Inspections Arcadia $73/hr. 2 CEJ Walnut $85 - $100/hr. ITEM NO. 6E City Council Meetine_ April 24, 2018 Page 2 of 3 RANK CONSULTANT LOCATION BID AMOUNT 3 Infrastructure Engineers Brea $89 -$100/hr. 4 Transtech Engineering Chino $95 -$115/hr. 5 Onward Engineering Anaheim S100/hr. 6 Merrel Johnson Apple Valley S105/hr. plus S75 travel time for 4 hours round trip 7 SA Associates Arcadia $108 - $205/hr. plus .58 cents per mile,and printing and postage cost plus additional 15% 8 GH & Associates Diamond Bar $115- $127/hr. 4 hr.minimum After reviewing all submitted proposals and investigating the consultants' backgrounds. staff finds SCB Inspections to be the lowest, responsive proposer. SCR Inspections has been providing public works inspection services for more than seven (7) years and is one of the City's current consultants. Throughout the term of their current PSA, SCB Inspections has exceeded the expectations of staff in providing public works inspection services for encroachment permits and CIP projects. The consultant coordinates effectively with staff from the Public Works Department and actively participates in City events, including as a sponsor of the City's annual Public Works Day event. Upon Council approval, the City Manager will enter into a PSA with SCB Inspections to provide public works inspection services for a three year term, with an option to extend the PSA for two (2) additional one-year periods. The new PSA will begin on July 1. 2018. STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a three(3) year PSA with SCB Inspection, with an option to extend the PSA for two (2) additional one-year periods. to provide public works inspection services at an annual cost not to exceed $150,000. FISCAL IMPACT The cost for the public works inspection services will be based on the hourly rate included in Attachment B. The PSA does not commit the City to expend a specified amount for this service, however, the PSA shall have a not to exceed value of 150,000 per fiscal year. Funding is provided through several sources, including general funds. transportation funds, grant funds, gas tax funds, etc. STRATEGIC PLAN IMPACT—None PUBLIC NOTICE PROCESS City Council Meeting April 24,2018 Page 3 of 3 Prepared by: Submitted by: /// afael M. Fajardo, P.E. City Engineer Michelle Ramirez, Dine or of Public Works Attachment A: Request for Proposal Documents (Available in the City Clerk's Office) Attachment B: Proposal from SCB Inspections Attachment C: Professional Service Agreement Attachment D: SCB Insurance Certificate E M O9 Q , � It Attachment A Request for Proposal Documents (Available in the City Clerk's Office) E''pp�,44 a KAKI, mn, • 4.0.,...T.04) Attachment B Proposal from SCB Inspections March 14, 2018 City of Rosemead Attn: City Clerk 8838 East Valley Boulevard Rosemead, CA 91770 SUBJECT: PROPOSAL FOR PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES SCB Inspections is pleased to have the opportunity to submit this proposal for the Public Works Construction Inspection Services. SCB Inspection has more than 11 years of extensive experience in civil engineering, Federal and State projects, capital improvement projects and construction management. Experience includes management of Federal and Caltrans administered projects including Safe Routes to School, Highway Safety Improvement Programs, and STPL. Capable to manage and coordinate all construction activities in regards to safety, quality and cost. I have worked with city employees and with the community in Rosemead, and, I believe I can bring a high standard of professional quality and technical excellence to the City SCB inspections will provide services for the aspects required for this contract as per the scope of work. The proposed pricing shall be valid for a minimum of three (3) years. The contract will managed by myself ai the following location: SCB Inspections/Sole proprietor 2952 spruce court Arcadia,CA 91006 SCB Inspections provides the right experience and project understanding to successfully assist the city of Rosemead Public Works Department, in the Capital Improvement projects for the following financial years 2018-2021. Sincerely, _ Steve Beer 626-940-7413 pwinspector64@gmail.com SCR Inspections Approach and Methods SCB Inspections recognizes the importance to successful project completion. I'm Detail oriented towards specifications of each individual contract needs. Excellent Time management between each contract places a key role in a successful project. Please note below I will be the sole member for this contract performing all tasks at 100%of my attention to the city Personal Role Availability Steve Beer Inspector 100% As Mentioned in the above description I will be the sole manager of each project giving it the hands on and detail that each project needs backed by my experience and working with others to ensure stability for each project Steve C. Beer 2952 Spruce Ct Arcadia, CA 91006 Omit: pvi pector64@gmall.c® Phone: (626)940-7413 Public Works Inspector EDUCATION • Santiago Canyon College:2005-2007 Public Works Courses • Pacific College,Santa Aria,CA 1987 Certificate in Paralegal Studies. SKILLS PROFILE Microsoft Office Package,Including Microsoft Project Green Book Cal Trans Specifications and Standards LA County Standards PROFESSIONAL Public works certificate in progress Santiago Cayon NPDES Public Certificate EXPERIENCE OVERVIEW Public Works Inspection having more than 11 years of extensive experience in civil engineering, capital improvement projects and construction management. Experience includes management of Federal and Caltrans administered projects including Safe Routes to School,Highway Safety Improvement Programs,and STPL.Capable to manage and coordinate all construction activities in regards to safely,quality and cost. JOB EXPERIENCE City of Rosemead (Contractor) 2009-Present Public Works Inspector • Manage Public Works and Encroachment permits issued to contractors for work related to private development and residences for work related to driveways,sidewalks,sewer laterals,etc. • Manage Publw Works and Encroachment permits for work done by public utilities within City right of way. • Prepare inventories and infrastructure reports: sidewalk Inventories, catch basin inventories, inspect public requests of damaged infrastructure. • Perform project inspection and management for annual capital improvement projects. Duties include contractor coordination,maintenance of all project paperwork,and day-to-day inspection and oversight of project in field. • Construction Management for Federal and Caltrans funded projects and coordination with Caltrans auditors Representative Projects Rosemead Civic Plaza Project, Phase I, II, III - Downtown Plaza. Inspection. Project included reconstruction of existing parking lot in concrete and installation of new lighting and landscaping.Also,constructed new public plaza area including specialty concrete,three water features,extensive landscaping,and decorative lighting. Project Budget:$2.7M Montebello Blvd./Towne Center Drive Resurfacing and Median Enhancements.-Inspection. Project included cold milling,ARHM overlay,miscellaneous concrete work and landscape median modifications.Project Budget:$750k Federal Safe Route to School -Walnut Grove Avenue Enhancement Project. - Inspection. Project included the construction of new landscaped median,sidewalk installation&replacement,traffic signal upgrades,striping modifications and street lighting.Project was Federally Funded.Project Budget:$850k Hellman/San Gabriel Intersection Improvement- STPL. - Inspection. Project included the removal of existing AC intersection and construction of 9-Inches PCC pavement including colored crosswalk, traffic signal upgrade, landscape improvements and striping modifications.Project was Federally Funded.Project Budget:$500k Parks- Inspection. Parks projects Jay Imperial, Zapopan and Rosemead Park. Including extensive landscaping decorative lighting new walking paths and construction of new basketball courts.Projects over $ million Mission Drive Street Resurfacing Project- Inspection. The project consisted in 2-inch Rubberized Asphalt Overlay, sidewalk removal and replacement, curb ramps, Flashing in Pavement Markers including Radar Feedback Signs and appurtenances.Project completed in two phases.Project Budget:$1.2M Catch Basin inserts/Modification for NPDES-Inspection.Project consisted of installation of trash excluder devices in catch basins for NPDES compliance.Project,in two phases,completed the retrofit of approximately 400 catch basins. Steve C.Beer Page 1 Earle!Wells Sidewalk Project-la-Project included sidewalk installation,retaining curb and walls and tree planting.Project Budget:$400,00 Garvey Street Resurfacing project-Project included cold milling,ARHM overlay,miscellaneous concrete work, landscape modifications,Striping and traffic signal loops.Project Budget:$700K Federal Safe Route to School—Savannah School.—Inspection. Project included the construction of new landscaped median, sidewalk installation 8 replacement, traffic signal upgrades, striping modifications and street lighting. Project Budget:$6601( Hellman/Delmar Improvement — STPL. — Inspection. Project included the removal of existing AC intersection and construction of 9-Inches PCC pavement including colored crosswalk,traffic signal upgrade,landscape improvements and striping modifications.Project was Federally Funded.Project Budget:$600K Public Works Inspector-W illdan Engineering,City of Industry,CA 2006-2009 Representative Projects. City of Rosemead-responsible for monitoring permits within the city limits which included driveways sidewalks, sewer laterals and tree planting. City of Paramount-provided public works inspection for the street resurfacing project.Observed cold milling,ADA ramp construction,sidewalk replacement and rubber asphalt paving. City of Upland- provided inspection for the Verizon work in the public right-of-way, which included rock sawing, and boring for placing conduit. City of Hawaiian Gardens-provided public works inspection for the installation of the safe route to school project,ADA curb ramps and sidewalk replacement Paralegal-Law Offices of Robert Winterbotham,Santa Ana,CA 1991-2006 Duties included: researching and compiling necessary documentation and information for a successful bankruptcy filing. Interviewing clients and discussing with them the bankruptcy process;accurately drafting and compiling petitions for filing. Consistently maintaining and managing over 60 active cases depending on case load.Interacting and communicating with bankruptcy attorneys;continuing education with changes in bankruptcy laws and requirements. Kfeemitie Steve C.Beer Page 2 Please see my extensive work done within the city of Rosemead over the past years. Rosemead Civic Plaza Project, Phase I, II, Ill — Downtown Plaza. Inspection. Project included reconstruction of existing parking lot in concrete and installation of new lighting and landscaping.Also,constructed new public plaza area Including specialty concrete,three water features,extensive landscaping,and decorative lighting. Project Budget:$2.7M City of Rosemead Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Montebello Blvd./Towne Center Drive Resurfacing and Median Enhancements.—Inspection.Project included cold milling, ARI-IM overlay, and miscellaneous concrete work and landscape median modifications. Project Budget: $750k Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Federal Safe Route to School —Walnut Grove Avenue Enhancement Project. — Inspection. Project included the construction of new landscaped median,sidewalk installation 8 replacement,traffic signal upgrades,striping modifications and street lighting.Project was Federally Funded. Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Hellman/San Gabriel Intersection Improvement— STPL. — Inspection. Project included the removal of existing AC intersection and construction of 9-Inches PCC pavement including colored crosswalk, traffic signal upgrade, landscape improvements and striping modifications.Project was Federally Funded. Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Parks— Inspection. Parks projects Jay Imperial, Zapopan and Rosemead Park. Including extensive landscaping decorative lighting new walking paths and construction of new basketball courts. Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Mission Drive Street Resurfacing Project- Inspection. The project consisted in 2-inch Rubberized Asphalt Overlay, sidewalk removal and replacement, curb ramps, Flashing in Pavement Markers including Radar Feedback Signs and appurtenances.Project completed in two phases. Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Catch Basin Inserts/Modification for NPDES—Inspection.Project consisted of installation of trash excluder devices in catch basins for NPDES compliance.Project,in two phases,completed the retrofit of approximately 400 catch basins. Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Earle/Wells Sidewalk Project-Inspection-Project included sidewalk installation,retaining curb and walls and tree planting. Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Garvey Street Resurfacing project-Project included cold milling,ARHM overlay,miscellaneous concrete work, landscape modifications,Striping and traffic signal loops. Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Federal Safe Route to School—Savannah School.—Inspection. Project Included the construction of new landscaped median,sidewalk installation 8 replacement,traffic signal upgrades,striping modifications and street lighting.Project Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 826-569-2150 Hallman/Delmar Improvement — STPL. — Inspection. Project included signal upgrade,the o landscape A AC inn and and construction of 9-Inches PCC pavement including colored crosswalk, gPimprovements striping modifications.Project was Federally Funded. Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Rosemead Skate Park-Inspection Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 City permits-issuing citywide permits pertaining to encroachment permits,tree planting,plan reading and inspection. Rafael Fajardo-City Engineer 8835 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 City of Rosemead Public Works Inspection Services Cost Estimate Sheet Staff Member Title Hourly Wage Steve Beer Owner/Inspector 73.00 STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION STATEMENT OF COMPLIANCE GEM-2503(REV 8/1996) CONTRACTORSUBCONTRACTOR CONTRACT NUMBER SCA Inspections FIRST DAY AND DATE OF PAY PERIOD LAST DAY AND DATE OF PAY PERIOD I do hereby certify under penalty of perjury: (1) That I pay or supervise payment to employees of the above-referenced contractor on the above-referenced contract. All persons employed on said project for the above-referenced time period have been paid their full weekly wages earned,that no rebates have been or will be made either directly or indirectly to or on behalf of said contractor from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the toll wages earned by any person other than permissible deductions. (2) That any payrolls otherwise under this control required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less that the applicable wages rates: (a) ❑ Specified in the applicable wage determination incorporated into the contract; (b) ❑ Determined by the Director of Industrial Relations for the county or counties in which the work is performed;that the classification set forth therein for each laborer or mechanic conform with the work he or she performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency. (4) That fringe benefits as listed in the contract: (a) ❑ Have been or will be paid to the approved plan(s),fund(s),or program(s)for the benefit of listed employee(s), except as noted below. (b) ❑ Have been paid directly to the listed employee(s),except as noted below. (C) ❑ See exceptions noted below. EXCEPTION CRAFT EXPLANATION REMARKS: Sole Source Employee NAME(PLEASE PRINT.) TITLE Steve C BeerOwner SIG E� r- DATE 3-14-18 On federally-funded projects,permissible deductions are defined in title 29,Code of Federal Regulations,part 3,issued by the Secretary of Labor under the Copeland Act,(40 U.S.C.276c). Also,the willful falsification of any oftbe above statements may subject the contractor or subcontractor to civil or criminal prosecution(See section 1001 of title 18 and section 3729 of title 31 ofthe United States Code). ADA Notice For Individuals with sensory disabilities, this document is available in alternate formats. For Information call(916)654-6410 or TDD(916) 654-3980 wwrlte Records end Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. cEM3503 STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION STATEMENT OF COMPLIANCE CEM-2503(REV 8/98)INSTRUCTIONS This statement of compliance meets needs of the state and federal payroll requirements to pay fringe benefits in addition to payment of the minimum rates. The contractors obligation to pay fringe benefits may be met by payment of the fringes to the various preapproved plans,funds,or programs or by making These payments directly to the employees as part of their weekly wage payments. The contractor must show on the face of his or her payroll all monies paid to the employees whether as basic rates or total hourly wage amount in lieu of fringes. The contractor shall report in the statement of compliance that he or she Is paying to others fringes required by the contract and not paid directly to the employees in lieu of fringes. Detailed instructions follow: Contractors required to pay Federal Wage Rates: Such a contractor shall check paragraph 2(a)of the statement to indicate that the wage rates for laborers or mechanics contained in the payroll are not less than the applicable wage rates specified in the applicable wage determination incorporated into the contract. Contractors required to pay the State Prevailing Wage Rates as determined by the Director of Industrial Relations: Such a contractor shall check paragraph 2(b)of the statement to indicate that the wage rates for laborers or mechanics contained in the payroll are not less than the applicable wage rates determined by the Director of Industrial Relations for the county or counties in which the work is preformed. Contractor who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans,funds,or programs in amounts not less than were determined in the applicable wage decisions shall continue to show on the face of his or her payroll the basic hourly rate and overtime rate paid to his or her employees,just as he or she has always done. Such a contractor shall check paragraph 4(a)of the statement to indicate that he or she is also paying approved plans,funds, or programs within the times required for the receipt of those sums, not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c). Contractors who pay no fringe benefits: A contractor who does not pay fringe benefits to an approved plan shall pay a like amount to the employee. This payment can be reported by inserting in the straight time hourly rate column of his or her payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage decision. Inasmuch as it is not necessary to pay time and a half on wages paid in lieu of fringes,the overtime rate shall be not less than one and one-half the basic predetermined rate, plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and payment in lieu of fringes be separately stated in the hourly rate column. In addition,the contractor shall check paragraph 4(b)of the statement to indicate that he or she is paying fringe benefits directly to his or her employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c), Exceptions: Any contractor who is making payment to approved plans,funds,or programs in amounts less than the wage determination required is obligated to pay the deficiency directly to the employees as wages in lieu of fringes. Any exceptions to Section 4(a) and 4(b),whichever the contractor may check,shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as wages in lieu of fringes, and the hourly amount paid to plans,funds,or programs as fringes. E M O 7 M 4. • O tbrhIM 411116.1a- Attachment C Professional Services Agreement CITY OF ROSEMEAD PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 1s'day of July, 2018 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 SCB Inspections,with its principal place of business at 2952 Spruce Court, Arcadia, CA 91006 ("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 public works inspection services to public clients, is licensed in the State of California and is familiar with the plans of the City. 2.2 Project. City desires to engage Consultant to render Public Works Inspection Services for Capital Improvement Projects (CIP), and permitting and inspection services for commercial and private projects that require encroachment into the public right-of-way ("Project") 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 consulting services necessary for the Project ("Services"). The Services 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 July 1, 2018 to June 31, 2021, unless earlier terminated as provided herein. The City shall maintain the option, at its discretion, to extend the contract for two (2)additional one-year periods. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this agreement if necessary to complete the Services. SCB Inspections — Public Works Inspection Services Page 2 of 11 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, and in accordance with the Scope of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultants conformance with the Schedule, City shall respond to Consultant's 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 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. The key personnel for performance of this Agreement are as follows: Steve Beer. 3.2.5 City's Representative. The City hereby designates the Director of Public Works, 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. SCB Inspections — Public Works Inspection Services Page 3 of 11 3.2.6 Consultant's Representative. Consultant hereby designates Steve Beer, or his 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. 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. SCB Inspections — Public Works Inspection Services Page 4 of 11 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit C 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 lifesaving 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 at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred fifty thousand ($150,000) annually, with a maximum hourly rate of$73.00. 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 provide since the initial commencement date, or since the start of the subsequent billing periods, ass 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. SCB Inspections— Public Works Inspection Services Page 5 of 11 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. 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 seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated for all direct service hours on work- in-progress for those services which have been adequately rendered to City; however, in no event shall the City be obligated to pay more than the total amount of the Contract. 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. SCB Inspections — Public Works Inspection Services Page 6 of 11 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: SCB Inspections 2952 Spruce Court Arcadia, CA 91006 Attn: Steve Beer, Owner Phone: (626) 940-7413 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Director of Public Works Phone: (626) 569-2158 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, 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. SCB Inspections —Public Works Inspection Services Page 7 of 11 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 Attorneys Fees. If either party commences an action against the other party, either legal, administrative or otherwise, 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 attorney's 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, official 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. SCB Inspections — Public Works Inspection Services Page 8 of 11 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. 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. SCB Inspections — Public Works Inspection Services Page 9 of 11 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 sub-consultants 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. 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) SCB Inspections— Public Works Inspection Services Page 10 of 11 CITY OF ROSEMEAD SCB INSPECTIONS By: By: Gloria Molleda City Manager Name: Attest: Title: Ericka Hernandez City Clerk (If Corporation, TWO SIGNATURES, President or Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED) Approved as to Form: By: Name: Rachel Richman Burke, Williams & Sorensen, LLP City Attorney Title: EXHIBIT A SCOPE OF SERVICES CONSULTANTS PROPOSAL A-1 V t 1 { Iii March 14,2018 City of Rosemead Attn:City Clerk 8838 East Valley Boulevard Rosemead,CA 91/70 - pp II i SUBJECT:PROPOSAL FOR PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES SCR Inspections is pleased to have the opportunity to submit this proposal for the Public Works Construction Inspection Services. I SCB Inspection has more than 11 years of extensive experience in civil engineering, Federal and State projects,capital improvement projects and construction management. Experience includes administeredmanagement of i-ederal and Cagrans ptojects Safe Safely improv menti Prog ams,and STPL.Capableto manage and coordinateRoutes allconst to h ctionl9hway activities In regards to safety,quality and cost. I have worked with city employees and with the community In Rosemead,and,I believe I can bring a high standard of professional quality and technical excellence to the City SCB inspections Will provide services for the aspects required for this contract as per the scope of work. The proposed pricing shall he valid for a minimum of three (3)years,The contract will managed by myself at the following location:CB Inspections/Sole proprietor 2952 spruce court Arcadia,CA 91006 SCB Inspections provides the right experience and project understanding to successfully assist the city of Rosemead Public Works Department,in the Capital Improvement projects for the following financial years 2018-2021. Sincerely, Sieve Beer 626.940-7413 pwinspector64Cgmail.com I 1 I i i SCR Inspections Approach and Methods SCR Inspections recognizes the Importance to successful project completion. I'm Detail oriented towards specifications of each Individual contract needs. Excellent Time management between each contract places a key role in a successful project. Please note below I will be the sole member for this contract performing all tasks at 100%of my attention to the city Personal Role Availability Steve Beer Inspector 100% As Mentioned in the above description I will be the sole manager of each project giving it the hands on and detail that each project needs hacked by my experience and working with others to ensure stability for each project Steve C. Beer 2952 Spruce CC Arcadia, Ce 91006 Mardi: pvinepeator6400noll.cam _. • _ Pbo0e: (626)940-7433 1� Public Works Inspector ( EDUCATION • Santiago Canyon College: ln5 • Pacific Colleg ,S A ,CA 1967 Certificate in Pe alegol Studies. SKILLS PROFILE Microsoft Office Package,Including Microsoft Project Green Book Cal Trans Specipcellons and Standards lA County Standards PROFESSIONAL Public works cerllllal0 In progress Santiago Cayon NPDES Public CennBcete EXPERIENCE OVERVIEW Public Works Inspection having more than 11 years of extensive expellence In veli engineering, capital Improvement ects Including Safe Rallies ttoorSchool,Highways Safety imprienet rovement ment Pudes nagement of rogams and STPL.Capable and to manage and cos administered ordinate eX construction amlvllles In regards to safety,quality and cost. JOB EXPERIENCE 2009-Present CUTofWodcs (Contractor) Public Wenn Inspector • Manage Public Works and Encfoacmnou permits issued to contractors to work related to private development and residences for work related to driveways,skim/Mks,sower laterals,etc, • Manage PubboWorks and Encroachment permits for work done by public hMbs in es wiImvain Myrighright of way. ay.public • Prepare Inventories and Infrasiuolure repods: skmva& Inventodee, requests of damaged Infrastructure. • Perform project Inspection and management for annual capital improvement projects.Dulles InGude contractor • coordination,maintenance of ell Construction Management for Federal and ect Cal ns fundend d projects and coordinatlioction and on withlCtallrenss project uditorsd Representative Projocte RoeotMead civic Plaza Project, Phase I, II, III -Downtown Plaza. In sato Project included reconstruction of existing parking lot In concrete and Installation of new lighting and landscaping.Also,constructed new public pima area Including specialty concrete,three water features,extensive landscaping,and decorative lighting. Project Budget:$2.7M Montebello Blvd.I Towne Center Drive Resurfacing and Median Enhancements.-Inecdon.Project Included cold milling,ARHM overlay,miscellaneous concrete work and landscape median modifications.Project Budget:$750k Pectoral Safe Route to School-Walnut Greve Avenue Enhancement Prefect.—jnspec ion. Project Included the c atruclonof lighting.new landscap d Federally Funded.lk Installation Project Budget:replacement track signal upgrades,striping modifications d HallinantSan Gabriel Intersection Improvement-STPL. -Inspection. Project included the removal of existing landscape improveAC tments end stdping modifications.Project was Federally Fiunded.Projecng colored t Budget:$`SOgksswalk,traffic slgnel upgrade, Parks_ tall&Aten Pets projects Jay Imperial, Zapopan and Rosemead Park. Including extensive landscaping decorative lighting newwalking paths and construction of new basketball courts.Projects over $1miNon Mission Drive Street Resurfacing Project e e�ct@R The project consisted in 2-inch Rubberized Asphalt Overlay. sidewalk removal end replacement, rampsFlashing In Pavement Markers Including Radar Feedback Signs and appurtenances.Project completed In two phases.Project Budget:$1.2M Catch Basin InsertsiModIll0ation for NPDES-Inspection..Prroj ct teo the tedogf of Inf tppoonnaltrystallation of a 400 exclud r delvices In catch basins for NPDES compliance.Project,in two phases, p s. imemmuslimemeormillommiti Pagel Steve C Beer ff i Eadel Wells Sidewalk ProjecFlosveclbFProlsol Included sklewak installation,retaining curb and walls and tree planting.Project Padget$400,00 !t Garvey Street Resurfacing project-Project Inokided told milling,ARUM overlay,miecellaneous concrete work, landscape modifications,Striping and tragic signal loops.Project Budget$7001( Federal Safe Route to School-Savannah Sc0ool,-Inspection Project included the construction of new landscaped median. sitlowelk Installation & replacement, traffic signal upgrades, striping modifications and sliest lighting.Project Budget$606K HBllmdnlDellndr improvement-STPL. - invention, Project Included the removal of existing AC intersection and construction of 9-Inches PCC pavement Including colored crosswalk.traffic signal upgrade,landscape improvements and striping modification.Project was Federally Funded.Project Budget;S 600K Pu011c Works Inspector-Wlllden Engineering,City of Industry,CA 20083009 Representative Protects. City of Rosemead-responsible for monitoring permits within the ally limits which included driveways sidewalks,sewer laterals and tree planting. city of Paramount-provided public works Inspection for the street resurfacing prole&Observed cold milling,ADA ramp construction,sidewalk replacement and rubber Shalt paving. City of Upland- provided Inspection for the Verizon work In the public right-of-way,which Included rock sawing end • boring for placing conduit. City of Hawaiian Gartlan-provided public works inspection for the Installation of the safe mute to school waled,ADA curb ramps and sidewalk replacement Pamlegai.Law Offices of RobertWinlerbnthem,Benta Ana,CA 1991-2006 Duties included:researching and compiling necessary documentation and Information fora successful bankmptcy Ding, Interviewing ctlonis and discussing with them the bankruptcy process;accurately drafting end oompiting petitions for Ming. Consistently maintaining and managing over 60 active cases depending on case bad.Interacting and communicating with bankruptcy attorneys;continuing education with changes in bankruptcy laws and requkemente. _. Page , Steve Beer j I ' Please sea my extensive work done within the city of Rosemead over the past years. Rosemead Civic Plaza Project, Phase I, II, Ill — Downtown Plaza. Inspection. Project included reconslacllal of existing parking lot In concrete and installation of new lighting and landscaping.Also,constructed new public plaza area Including'specially concrete three water features,extensive landscaping,and decorative lighting. Project Budget:$2.7M Oily of Rosemead Rafael Fajardo-City Engineer 8838 E.Valley Boulevard Rosemead,CA 91770 626.569-2150 Montebello Blvd. Towne Center Drive Resurfacing and Median Enhancements.—jnspecllon.Project Included cold mllang,ARHM overlay,and miscellaneous concrete work and landscape median modifications. Project Budget: $750k Rafael Fajardo-City Engineer 8830 E.Valley Boulevard Rosemead.CA 91770 626-589@150 nsrul Safe Route to o School Enhancement rProject Inspection the construction newof Mndsc0pad median sidewalk Installation 8replacemetraffic signal striping Modifications and atonal lighting. ioin was Federally Funded. elFajardo-City Engineer alally CityEngser 6630 E,Valley Boulevard Rosemead,DA 91110 626.569-2150 e Hellman/San Gabriel Intersection Improvement—STPL. —Inspection, Project included dlo is rel upgrade,ova lands pe ImpAC rovements and sniping modificalons.Projoctws Federally d construction of 9-Inches PCX9 pavement Including Fundedored crosswalk, g Rafael Fajardo-City Engineer 8833 E.Valley Boulevard Rosemead,CA 91770 626569-2150 Parks— Insp9cloL Parks projects constructionalibn o naw banddelRoleoead Par. Including extensive landscaping decorative Spitting new walking paths and rts Rafael Fajardo-City Engineer 6898 E.Valley Boulevard Rosemead,CA 91770 826569.2150 sted in 2-inch Nitssion DremovalStreet and mpl c metal.cmboct inspection,The ramps, fish 8 In Pavement Markers includingRRadar Fee back Signs Overlay, and appurtenances.Project completed In Iwo phases. Rafael Fajardo-City Engineer 8838 a Valley Boulevard Rosemead,CA 91770 626-569-2150 t consisted of of trash uder cCatch Basin atch basins for NPDESocolfication far mpliance.ProjecctES—t,in two phasea,rcompl ted the retrofit of approximately 400 catch basins.es In Rafael Fajardo-Cly Engineer 8898 E.Valley Boulevard Rosemead,CA 91770 626569-2150 Earle)Wells Sidewalk ProjechInspectionarojecl Included sidewalk Installation,retaining curb and walla and tree planting. Rafael Fajerde.CW Engineer 6038 E.Valley Boulevard Rosemead,CA 01770 626569.2150 Garvey Street Resurfacing project-Project Included cold milling,ARHM overlay,miscellaneous concrete work, yy landscape modifications,Striping and traffic signal loops. E Rafael Fajardo-0dy Engineer I1 8038 E.Valley Boulevard Rosemead,CA 91710 626-569-2150 Federal Safe Route to School—Savannah School.—las ection. Projected theons constUetiongofine.of new landst scaped median,sidewalk Installation&replacement,tragic signal upgrades.stripingmelldd Rafael Fajardo-City Engineer 8033 E.Valley Boulevard Rosemead,GA 91770 i 626-569-2150 Sf HollmanIBelmar Improvement—STPL.—flat' . Project included the removal of existing AC Intersection and constaGlon of 9-Inches PCC pavement Including colored crosswalk,traffic signal upgrade,imisoape improvements and striping modifications.Reinitiates Federally Funded. Rafael Fajardo-City Engineer 8830 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 Rosemend Skate Park-Inspection Rafael Fajardo-City Engineer 0638 E.Valley Boulevard Rosemead,CA 91770 626-569-2150 City permits-issuing citywide permits pertaining to encroachment permlia,fres planting,plan roe ding nod inspection. Rafael Fajardo-City Engineer 8838 E,Valley Boulevard Rosemead,GA 91770 G26-569-2160 ii i City of Rosemead Public Works Inspection Services Cost Estimate Sheet Staff Member Title Hourly Wage Steve Beer •. nor r .e- or 73.00 ,_ i • 1 i• i STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION t STATEMENT OF COMPLIANCE I CEM-2503(REV Ole906) --- ."--- CONTRACT NUMBER r%JNiPACTON3UBCANiPA(:TOR SCH Impactions _— -- '— - FWSiDAY AND DATE OFPAY PERIOD TACT DAY AND DATE OF PAY PERIOD I do hereby certify ander penalty of perjury: (€( (1) That l pay or supervise payment to employeca of the above-referenced callbacks.on the above-referenced connect_ Alli erne persons employed on said project for the obovarofercnced time period have been paid their Bull weekly wages corned, rebates have been or ivill bo made dikes directly or indirectly to or on behalf of said contractor floor Iho full weekly wages earned by any person and thatno deductions have been made either directly or indirectly than the MI wages clamed by any person other than permisstble deductions. (2) That any payrolls otherwise under this control required to be aubmitted for the above podod-nm correct nod complete; that the wage maths for laborers ormapplilablcontained dterrmthenotless orpNattheto to cole ntractwagesates (a) ❑Specified in do applicable wage determination incorporated tato the contract; (b) ❑ Determined by the Director of Industrial Rotations for the cooly or enmities ihwhich the worlds performed;that the classification sat forth therein for each laborer or mechanic confoon with the work he or the performed. (3) That any apprentices employed in the above period are duly registored inn bona fide apprenticeship program registered with a State apprenticeship agency. (4) That hinge benefits as listed in the contract: (a) ❑ }lave been or will be paid to the approved plop(u),fund(s),or progrmn(a)for the benefit of listed employee(s), except as noted Wow, (b) ❑ Have bean paid directly to the listed employee(s),except as noted below. (c) ❑ See eiteepiions noted below. dA s".y^n.s .t . ':.rest ,-may N t4'hhA ``iN, h ;c:N , AF ft I ,S, .';r vh �.�wN;u„,�C/1lRT.l9,. �::� `� � �::...�.%sz�w -s.., 5a�: RU ARKS tote$ome Employee NAME(1'LEAS[PPINT.) TILE &SVC CBeer _ Miter slR` v - - OPTS On fedomlly funded projects,permissible deductions are defaced is Lille 29.Code or Federal Regulations,part 3,issued by the Secretary of Labor under the Copeland Act,(90 U.S:C.27 de). Also,the willful falsification orally of the above Ylatanems may subject'becontractor or subcontractor to civil or criminal prosecution(See section 10D1 of title Ib and section 3429 oftillel I of the Usdtcd States Code). ADA Notice For IMtddeek with senmry 6saelllllns, his document Is avSloAe In Anem ie tassels, For i(P,matbn Sall(010)05dar10 or TOO (016) 6663800 or WRo Rh'adc and Forma Management,1120 N Street,M690.Sacramento,CA 95814. a'dnaes I I I 1 ' ST/6ROF CALIFORNIA•DEPARTMENT OF TRANSPORTATION ; STATEMENT OF COMPLIANCE i CEMQ6e3(REV Nos)INSTRUCTIONS I ibis stalemant of compliance meets needs of the state and federal payroll requirements to pay fringe benefits In addition to It payment of the minimum rates. The contractors obligation to pay fringe benefits may be met by payment of the fringes to the various preapproved plans,funds,or programs or by making these payments directly to the employees as pad of their weekly 1 wage payments. The contractor must show on the face of his or her payroll all monies paid to the employees whether as baste rates or total I hourly wage amount in lieu of fringes. The contractor shall report In the statement of compliance that he or she Is paying to others fringes required by the contract and not paid directly to the employees in lieu of fringes. f Detailed Instructions follow: 1 I Contractors required to pay Federal Wage Rates: 1 Such a contractor shall check paragraph 2(a)of the statement to indicate that the wagerates for wagelvers or mechanoorporated I contained In the payroll are not lees than the applicable wage rates specified in the app Into the contract. Contractors required to pay the State Prevailing Wage Rates as determined by the Director of Industrial Relations: Such a contractor shall check paragraph 2(b)of the statement to Indicate that the wage rotes for laborers or mechanics contained in the payroll are not less than the applicable wage rates determined by the Director of Industrial Relations for the county or counties in which the work is preformed. Contractor who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans,funds,or programa in amounts not less than were determined In the applicable wage decisions shall continue to show on the face of his or her payroll the basic hourly rate and overtime rate paid to his or her employees,just as he or she has always done. Such a contractor shell check paragraph 4(a)of the statement to indicate s uired fOr e receipt of less than the a mount p edetermined as fringe benefits forr each craft. within Anyexcept on shall ise awns, be noted In Section 4(c). not Contractors who pay no fringe benefits: A contractor who does not pay fringe benefits to an approved plan shell pay a like amount to the employee. This payment can be reported by inserting In the straight time hourly rate column of his or her payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for Bach classification in the applicnble wage decision. Inasmuch as it is not necessary to pay time and alt on or aided paid in lieu of u offri1ges,ts hen strnie rlesale shall l be onot loss than one and one-hall the basic predetermined rate,plusq computation of overtime,it is suggested that the straight time basic rate and payment in lieu of fringes he separately stated in the fhourly rae ringe betrmcolumn.drectly to I lls o haromptoyees. Any excepp4(b) ons shall benot d e statement Indicate that he or she Is paying Section 4(c). • Use of Section 4(c),Exception: Any contractor who is making payment to approved plans,funds,or programs In amounts less than the wage determination required and 4(h),whichever to pay the contle deficiency ractorr may check,shyall be entthe ered ill Section s as wages (c). Enter IntheException cos. Any lumn the cons to rafti,andon enter in the Explanation column the hourly amount paid the employees as wages in lieu of fringes,end the hourly amount paid to plans,funds,or programs as fringes. EXHIBIT B COMPENSATION The total fees for SCB Inspections shall not exceed $150,000 annually, with a maximum hourly rate of$73.00. B-1 { { City of Rosemead Public Weeks impaction Services Cost Estimate Sheet { Staff Member Title Hourly Wage Stove Beer Ownert{fatt for 73.00 EXHIBIT C 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 than$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. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 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. Best's 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. C--1 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 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. C--2 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 self-insured 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. 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. C--3 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 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. C--4 CS E M o- kF • C � Attachment D SCB Insurance Certificate A`ORn CERTIFICATE OF LIABILITY INSURANCE DATE cAmDWYYYYI x/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is art ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Robin Holloway NAME._ Insurance Solutions PHONE (949)348-7400 _ uc rvel 1papl>aa-znlz License #0746539 aoortE Ii35:Robin@ins-solutions.com - 33302 Valle Rd, Suite 200 _ INSURERJSS)AFFORDING COVERAGE NAIC/0 San Juan Capistrano CA 92675 _ INSURERA Travelers Cas_Ins. Co. of Am. 19046 INSURED INSURERS Cali£Onnie Automobile Insurance CO. 139342 Steve Beer Dba Scb Inspections INSURER C: _ -- 2952 Spruce Ct INSURERD: USURER E'. Arcadia CA 91006 INSURERF: COVERAGES CERTIFICATE NUMBER:17-1B All REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT%ATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR - IADDLSUITR1 - POLICY EFF - POLICY EXP LIMITS LTR TYPE OF INSURANCE I IVSD WVOI POLICY NUMBER IMWDOIYWY11MMIY DDYYYI X ICOMMERLWLGENERAL LIABILIN EACH OCCURRENCE S 1,000,000 IDAMA7GETO RENTED 300,000 A _CLAIMS-MADE `I OCCUR PREMISES(Ea occurrence) 6808508x775 5/1/2017 5/1/2018 1 MED EXP(Any one person) $$ 5,000 I PERSONAL S ADV INJURY _$ 1,000,000 6EN1 AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 X POLICY Ta o- , _ LOC PRODUCTS-COMPIDPAGG 8 2,000,000 S I OTHER AUTOMOBILE LIABILITY . COMBINED SINGLE LIMIT S 1,000,000 J8 � - ANY AUTO 'BODILY INJURY(Per person) 'i5 B ALL OWNED I SCHEDULED AUTOS R AUTOS BA040000014148 5/1/2017 5/1/2018 BODILY TY Per awOennys -- AUTOS EO PROPERTY DAMAGE 5 HIRED AUTOS AUTOSTefawldenl)• Then Preven4On AumonN $ UMBRELLA LIAB _OCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS.MADE 'AGGREGATE S TT DED RETENTIONS IS WORKERS COMPENSATION I PER 0TH- AND EMPLOYERS'UABIUTY YIN ' I _..1 STATUTE ER ANY PROPRIETNERIEXWUTVE EL EACH ACCIDENT S OFFICER/MEMBER EXCLEXCLUDED, .NIA Ii Yendatory In NHl E L DISEASE-EA EMPLOYEE S IDESCNPTION OF OPERATIONS beim., E L DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1M,Addftlonal Remarks Schedule.may be attached li more space Le required) Certificate Holder is included as additional insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Farid Hentabli ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E. Valley Blvd Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE P Alessandra/PETERS s^'7 Q --A-.....- (5) -A-.." ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INSO25,xemn 6808808X775 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: - - 04/16/18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s): City of Rosemead 8838 E Valley Blvd Rosemead.CA 91770 Section II —Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury', "property damage", "personal injury'or "advertising injury" caused, in whole or in part, by your ads or omissions or the ads or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG D4 11 04 08 C2008 The Travelers Companies, Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury"or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is tense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1