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2200 - Merrel Johnson Engineering Inc - Public Works Construction Inspection Services
EMF • tO0041 O CIVIC. PRIDE 17 41CpRPpRATED 1q99 PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES JOHNS®N_ENd WALL' '; , 1. PARTIES AND DATE. This Agreement is made and entered into this 9/1' day of ( ,ems , 201& (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 Merrell-Johnson Engineering, Inc. with its principal place of business at 22221 US Highway 18, Apple Valley, CA 92307 ("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 construction inspection 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 public works construction inspection services consulting services necessary for the Project MERRELL-JOHNSON ENGiwuERING, INC. Page 2 of 11 ("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 September 30, 2018 to June 30, 2019, 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 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 MERRELL-JOHNSON ENGiivnERING, 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 the 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. Brad S. Merrell, 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 necessay 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 Consultant's 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 MERRELL-JOHNSON ENGiivwERING, 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 theperformance 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 e , su t.p osaL i.: .., - .o, fa es.eprensesTe - . `e 7`ee'ed !®rr � rdr ® ;FCft Atic an Doll r { 1 -.010 o O@ per,:, . =Q Extra Work may behauthorized, 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. Thestatement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, • MERRELL-JOHNSON ENGINEERING, INC. _. Page 5 of 11 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. 3.5.1.1 Grounds for Termination. City may, by written notice • MERRELL-JOHNSON ENGINEERING, INC. Page 6 of 11 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 pompensation. 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: Merrell-Johnson Engineering, Inc. 22221 US Highway 18 Apple Valley, CA 92307 Attn: Brad S. Merrell, Principal Tel: (760) 256-2068 CITY: City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Attn: Rafael M. Fajardo, P.E. Tel: (626) 569-2151 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, MERRELL-JOHNSON ENGiw.ERING, 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 anyway 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 MERRELL-JOHNSON ENGINEERING, INC. Page 8of11 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. MERRELL-JOHNSON ENGINEERING, INC. Page 9of11 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. MERRELL-JOHNSON ENGNERING, 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] r , MERRELL JOHNSON ENGINEERING, INC. Page 10of 10 CITY OF ROSEMEAD (CONTRACTOR) : : 1/4i, \\Alilkk 06-1 t\la_ loria Molleda, City Manager D to Date Name: d F FF S . RgizNg Attest: 44! Title: Cc c aE.-r:�St. Ericka Hernandez, City Clerk Dat [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONSULTANT REQUIRED) Approved as to Form: Date ar �u `I`i =//� `�- 019:1`° / r Name: M I''e' Rachel H. Richman Date City Attorney Title: teriL '.11,F-kii— MERRELL JOHNSON ENGINEERING, INC. Page 10 of 10 CITY OF ROSEMEAD (CONTRACTOR) By By: Gloria Molleda, City Manager Date Date Name: Attest: Title. Ericka Hernandez, City Clerk Date Corporation, TWO [If Corpora . SIGNATURES, President OR Vice .President AND Secretary AND CORPORATE SEAL OF CONSULTANT REQUIRED] ..: Approved as to Form e / ae /0 / L. 1110,ALL : l Name:' `ache) H. Richman Date City Attorney TI . EXHIBIT A SCOPE OF SERVICES/ HOURLY RATES A-1 . . ) • MerrellJohnson, City of Rosemead Public Works Construction Inspection Services RFP No. 2018-17 Rosemead, CA Proposal to Provide Public Works. Constru_c_titm Inspection Services Prepared For: City of Rosemead Prepared By: Merrell Johnson Companies • MerreHJohnson e June 27,2018 City of Rosemead Attention: City Clerk 8838 East Valley Boulevard Rosemead, CA 91770 Subject: Proposal for Public Works Construction Inspection Services City of Rosemead, 8838 East Valley Boulevard, Rosemead, CA Ladies and Gentlemen: We are pleased to provide the following proposal to provide on-call construction inspection and permit issuance services for Citywide Community improvement projects (CIP)that encroach into the public right-of way. Thank you for your consideration. Our hourly/unit rates provided herein shall remain valid for a minimum of 3 years. Rates after thethree-contract term may be adjusted in proportion to the change in the Consumer Price Index for the Los Angeles Basin at the time, subject to a 2.5% maximum increase per year. If selected, our firm will provide the required insurance documents, endorsements, and performance bond in the amount of the contract. Originally established as Kenyon. Engineering, Inc., Merrell-Johnson Companies (MJC) has been serving Southern California since 1957. With a comprehensive multi-disciplined offering including civil, structural, and geotechnical engineering; land surveying; materials testing and special inspection, storm water permitting and reporting; and construction management and inspection, including public works inspection, our experienced staff is ready to support your projects from concept to completion. We appreciate the opportunity to be of service and look forward to the successful completion of this project. Sincerely, Merrell Engineering Company, Inc. ' 7 ; Brad Merrell P.E./Principal Engineer Contents Contract Organization and Staffing Resumes Approach to Staffing & Service Delivery Directly Related Experience • Cost Data Key Contacts Brad S. Merrell, PE, Principal Jeff S. Burns, Division Manager e/brad.merrell@merrelljohnson.com e/ieff.burns(c�merrelljohnson.com Andrea Scott, Dispatch Chris Langdon, Estimator e/andrea.scott@merrelljohnson.com e/chris.langdon@merrelljohnson.com Office Locations . Merrell Engineering Division Merrell Johnson Company Testing Laboratory/Inspection Engineering/Survey Office 16091 Kamana Road 22221 US Highway 18 Apple Valley, CA 92307 Apple Valley, CA 92307 t/ (760) 256-2068 • t/ (760) 240-8000 • June 27,2018 • City of Rosemead Proposal for Public Works Construction Inspection Services Page li • Contract Organization and Staffing Currently serving as the consulting City Engineer for the Cities of Monrovia, Barstow, and Needles, Brad Merrell, Principal Engineer and Co-founder of Merrell Johnson Companies (MJC) leads a team of.engineers and designers, construction managers, public works inspectors, and materials testing/inspection personnel. Mr. Merrell is joined by our Principal Surveyor and Co-founder, Mr. Craig Johnson, who leads our efforts to provide the same quality assurance and quality control on the survey/staking and mapping portions of projects. Merrell Engineering is a Division of Merrell Johnson Companies (MJC) and is the focus of this proposal. This arm of MJC provides the geotechnical engineering, engineering geology, materials testing laboratory, and construction inspection and testing services for the firm. Our Public Works inspection, including materials testing and inspection, and permit issuance services are led by Jeff Bums, Division Manager. Working under the oversight of Brad Merrell, Principal Engineer, and, when applicable, James Stone, Geotechnical Engineer, Mr. Bums is responsible for the management and operations of MJC's testing and inspection division, including our materials testing laboratory, special inspectors, and construction inspection staff. Project management and coordination duties will be provided by Chris Langdon, Project Manager/Estimator and Andrea Scott, Project Coordinator/Dispatcher. Clayton Garrison manages our multi-accredited testing laboratory(AMRL, CCRL, DSA, USAGE). Sean Best, our lead inspector, will provide the day-to-day construction inspection and permit issuance duties.. His services will be augmented as necessary by Fidel Martinez, Jason Best, and Larry Cook. All four have extensive experience providing-PublicWorks-inspection;including-materials-testing/inspection;and -----�-- ' reviewing CCTV sewer surveys. Field technicians would work under the supervision of the above fourinspectors when simple soil compaction and/or concrete testing services are needed. June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 1 The following Organization Chart illustrates our key personnel that will be assigned to this project. Additional staff and technicians, not shown in the Chart, will be utilized as needed. Brad Merrell,:PE Principal, • Jeff Burns i James.Stone, GE Division Manager Geotechnical Engineer Chris Langdon Sean Best Clayton Garrison Andrea Scott Project Manager Lead Inspector Lab Manager Project Coordinator Larry Cook Fidel Martinez Jason Best Inspector Inspector Inspector Resumes • Professional Staff.and Key Personnel The Merrell Engineering Division's team of highly qualified professionals and multi-certified inspectors and technicians provide a wealth of knowledge and __.__._experience to_our.ptoj.e�ts_�elow._is_a_iist of ke_y_.pers noe_l_wi_th_tb_e exile ien_c_e and qualifications necessary to provide the needed Public Works construction inspection services. We have an understanding of the needs of a culturally diverse community having worked for years for the Cities of Barstow, Needles, Monrovia, and the County of San Bernardino—all of which serve multiple cultures. June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 2 • Professional Staff Brad S. Merrell, PE, Principal Engineer As Principal Engineer, President and Co-founder of Merrell-Johnson Companies, Mr. Merrell brings over 30 years of hands-on experience to our clients. Mr. Merrell's professional experience has` ranged from private development to municipal government, responsible for Land Development Services for the City of' Las Vegas, and working as the Consulting City Engineer for the Cities of Barstow,.Monrovia, and Needles. • Mr. Merrell, a graduate of Cal Poly Pomona, is registered as a professional engineer in the States of California, Arizona, and Nevada as well and a General Building Contractor maintaining both Class A and B licenses. To further enhance the company's technical expertise, Mr. Merrell maintains certifications in inspection, QSD, QSP, and Nuclear Safety and Testing. Mr. Merrell possesses unique qualities that have made him a proven leader and an asset to any team. His role on all projects is to ensure that the standards of the client, the governing agency and Merrell-Johnson will be upheld on all projects. James J.Stone,.RGE, RCE, Consulting Geotechnical Engineer Mr. Stone has been working for over 40 years in the Geotechnical Engineering field. He has extensive experience with projects in both the private and public sectors. Mr. Stone received his B.S in Civil Engineering from the University of Santa Clara and his M.S. in Geotechnical Engineering from San Jose State University. Mr. Stone is registered as a Professional Civil Engineer and a Geotechnical Engineer from the State of California. Mr. Stone prepares all the Geotechnical Investigations for Merrell Johnson Companies, including oversight and directions of the associated field exploration work. June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 3 conn C. Schwartzkopf, P.G, C.E.G., P.G.P., Consulting Geologist / Geophysicist With over 30 years of professional experience, Mr. Schwartzkopf has been involved with numerous geologic, geophysical, ground penetrating radar, and geotechnical studies. Mr. Schwartzkopf is a State of California licensed Professional Geologist, Certified Engineering Geologist, and Professional Geophysicist. He is also Registered Geologist in the State of Arizona. Mr. Schwarlzkopf provides all the Geologic Studies for Merrell Johnson Companies. In addition to his geologic services, Mr. Schwartzkopf has extensive ground penetrating radar experience. • Materials Testing and Inspection Staff Jeff Burns, Merrell Engineering Division Manager As Division Manager, Mr. Burns offers 15 years of industry experience to our clients and is responsible for the management and operations of the Merrell fid. Engineering Division of Merrell Johnson Companies. With experience as a laboratory manager, field technician, special inspector, and project manager, he provides direction of projects and staff, project procurement, and maintains hands-on involvement in all aspects of work, including special inspection, field testing, laboratory testing, and report preparation. The following is a list of Mr. Burns' certifications. ACI Concrete Field Testing Technician Grade I NICET Level I,Soils ACI Strength Testing Technician NICET Level I, Concrete ICC Reinforced Concrete Special Inspector NICET Level I,Asphalt ICC Structural Masonry Special Inspector CPN Nuclear Safety Course for Nuclear Gauge ICC Fireproofing Special Inspector CPN Radiation Safety Officer June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 4 • Christopher D. Langdon, Estimator/Project Manager As Merrell Engineering Division's estimator, Mr. Langdon prepares the proposals and cost estimates for the Division. In his role as Project Manager, he assists the firm's engineers in preparing reports and provides management and direction of field testing and personnel. • Certified in multiple disciplines and with 40 years of testing/inspection experience, Mr. Langdon provides our clients with extensive experience in field testing and inspection. ACI Concrete Field Testing Technician Grade I ICC Soils Special Inspector ACI Strength Testing Technician ICC Reinforced Concrete Special Inspector ' ACI Concrete Transportation Inspector ICC Structural Masonry Special Inspector ACI Masonry Field Testing Technician ICC Structural Steel Bolting Special Inspector ACI Aggregate Testing Technician,Level 1 ICC Pre-Stressed Concrete Special Inspector ACI Concrete Lab Testing Technician 1 &2 ICC Spray-Applied Fireproofing Special Inspector DSA Masonry Inspector(No.6012) CPN Nuclear Safety Course for Nuclear Gauge .Clayton Garrison, Laboratory Manager/ Field Engineer As Quality Control/ Laboratory Manager, Mr. Garrison provides experience in overseeing all laboratory operations and testing ensuring adherence to the highest standards of qualify. Mr. Garrison works closely with Engineers and Project Managers to maintain all qualifications as set forth by organizations such as CBC, ASTM, AMRL (AASHTO), DSA, FM, Army Corps of Engineers, and Caltrans test methods and specifications. ACI Aggregate Testing Technician Level II ACI Concrete Lab Testing Technical Level II ACI Aggregate Base Testing Technician ACI Concrete Strength Testing Technician ACI Field Testing Technician Grade I ACI Concrete Masonry Technician .lune 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 5 Sean Best, Project Manager, Construction Manager/Lead Inspector As project manager and lead inspector, Mr. Best provides our clients with extensive experience in field testing and inspection. Mr. Best worked for many years as an Iron Worker that served to enhance his current work/knowledge as an AWS/CWI certified welding inspector. In addition, , Mr. Best brings years of municipal construction management, inspection and testing experience to our clients, and is an expert in evaluating CCTV sewer surveys and assists our engineering staff in developing the corresponding repair designs. AWS/CWI Certified Welding Inspector ICC Structural Masonry Special Inspector ACI Concrete Field Technician Grade I ICC Structural Steel&Bolting Special Inspector ICC Reinforced Concrete Special Inspector ICC Structural Welding Special Inspector Fidel Martinez, Non-Destructive Testing Technician/ Inspector Mr. Martinez worked many years as a certified structural steel welder that has served to enhance his overall inspection skills, particularly as a AWS/CWI Certified Welding Inspector. Having owned his own non-destructive testing (NDT) business before coming to _ MJC, Mr. Martinez also brings extensive NDT (Ultrasonic Testing and Magnetic Particle Testing) experience to our clients. In.addition to his experience with structural steel, Mr. Martinez brings.many years of experience providing Public Works inspection and materials testing/inspection services of numerous Capital Improvement Projects, most recently for the Cities of Barstow and Monrovia. AWS/CWI.Certified Welding Inspector A.S.N.T NDT Level I, Ultrasonic Testing ACI Concrete Field Technician Grade I A.S.N.T. NOT Level II, Ultrasonic Testing CPN Nuclear Safety Course for Nuclear.Gauge A.S.N.T. NOT Level II, Ma natio Particle Testis June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 6 Jason Best, Inspector As inspector, Mr. Best provides our clients with extensive experience in field testing and inspection. Mr. Best's field experience includes nearly 5 years of soil, concrete, asphalt, and fireproofing testing and inspection services that were needed during construction of the just completed $20OM Replacement Hospital project at Fort Irwin, CA. ACI Concrete Field Technician Grade I ICC Reinforced Concrete Special Inspector ICC Fireproofing Special Inspector • CPN Nuclear Safety Course for Nuclear Gauge Larry Cook, Inspector Larry Cook spent his career working as a Forman for large General Engineering Contracting Companies. Since retiring from Sully-Miller Contracting Co. about 3 years ago, Mr. Cook has been working for MJC as a Public Works inspector inspecting street and infrastructure improvements as part of our contact with the City of Monrovia. Because he has spent his career building streets and infrastructure, Larry brings valuable understanding and insights to our inspection team raising our inspection staffs overall competence level. Approach to Staffing and Service.Delivery Our firm's approach to staffing and services delivery is summarized below: • To initiate testing/inspection services, the client would call or email our office to schedule (at least 24 hours in advance)the work. • Our field personnel will check-in with the client's representative upon arrival and then, before leaving the site, will ask the client's representative to review/sign his daily report (prepared on an iPad) that will document the days testing/inspection service/results and the hours spent on the jobsite. • The daily and test reports will be immediately uploaded to our Cloud service (Box). A link will be provided to the client that will allow access to June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 7 all our reports and test results throughout the duration of the project. Email or paper copies of our reports will be provided upon request. For continuity of service,we will assign the same technicians/inspectors to the project whenever possible. ' Directly Related Experience MJC has provided services to a variety of clients, including municipalities, county governments, Caltrans, military installations, hospitals, school districts, mining, and private entities. Directly related experience has included recent on-call service contracts with the City of Monrovia, The City of-Barstow, and the City of Needles. MJChas provided services during the construction of numerous other Capital Improvement projects on a project by project basis. A summary of our recent and noteworthy projects is provided below, along with their relevant contacts. On-Call Projects City of Monrovia— Citywide Infrastructure Improvements Contact:Sean Sullivan, Public Works Division Manager(626) 932-5522 MJC, performing as the contract City.Engineer, is currently providing full- time construction management, including testing and inspection to augment the design and surveying services provided by our Engineering/Surveying Division. MJC prepared a 5-year Capital Improvement program for the City that is currently being implemented. The City-wide improvements are being implemented to reconstruct/rehabilitate the City's aging infrastructure, including streets, sewer, water, and drainage elements. Prior to the construction, our firm evaluated all the City streets and prepared repair and pavement design recommendations as needed. The City's sewer system was also: evaluated using CCTV surveys. MJC evaluated the CCTV surveys and prepared recommendations for sewer line point repairs and cast-in-place lining of existing pipe. As the reconstruction/rehabilitation work is progressing, MJC is providing the construction management and quality assurance testing/inspection services. June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 8 • City of-Barstow— Citywide Infrastructure Improvements Contact:Curt Mitchell(760) 255-5102 • MJC; performing as the contract City Engineer, has for many years. provided the City of Barstow with consulting services, from pavement evaluations and design, to construction management and quality control testing/inspection for numerous street improvement and sewer rehabilitation projects throughout the City. Daily observation of backfill and frequent compaction testing and materials sampling, as well as' quality control testing for asphalt, and concrete are performed. We are pleased to continue to provide our services on several current projects. • City of Needles— Citywide Infrastructure Improvements Contact:David Brownlee (760)326-2113, Ext. 313 • MJC is in its second year of providing on-call services to the city of Needles, California. Our fir again functions as the City's engineering and surveying staff. The City is recognized as a "disadvantaged community," and as such a.major role for our team is the preparation and processing of applications for Grant funding. With a half-dozen projects already under our belt, we further provide county type services, including map checks, plan checks, and conditions for issuance of encroachment permits. MJC represents the approval entity for two major highway projects, the interstate 40 Connector and the Needles Highway Extension projects. • County of San Bernardino,Architecture and Engineering Department Contact Levi Oveson (909) 838-9128 MJC is just completing its second 3-year term as an on-call civil engineering and surveying consultant to the County of San Bernardino's Architecture and Engineering Department. We are currently on our sixth year of service and have submitted a proposal to extend our services into an additional 3-year contract. MJC has been.fortunate to have had the opportunity to assist the County with exciting_projects including major improvements to the Sheriffs West Valley Detention Center, the addition of a boat 'washing station at, Park Moabi on the Colorado River, and numerous other projects including parking lots and street improvements. June 27;2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 9 Noteworthy Projects • CDM Smith— Water Treatment Plant and Distribution System, Ft. Irwin, CA Contact:Mark Van Dam -(909) 579-3500 MJC provided Quality Control (QC) testing and inspection services during construction of the$98M USAGE Waste Water Treatment Plant at the Fort Irwin National Training Center. Construction included a Control Building, a Chemical Building, two 1M gallon water tanks, and an assortment of chemical tanks, filtering/clarifying equipment, lime softening filter building, reverse osmosis feed water storage and pump station, brine treatment facility, mechanical evaporator feed tank, concentrate equalization basins, evaporations ponds(lined), lime sludge lagoons, concrete, and ancillary onsite and offsite improvements. MJC's personnel provided the geotechnical testing/inspection, special inspection of the concrete, masonry, and structural steel/bolting. Materials testing and laboratory testing services were also provided. In addition, MJC designed the roller compacted concrete (RCP) mix and performed the QC testing-for the RCP-lined drainage channel that runs the length of the project • Turner Construction Company—Fort Irwin Replacement Hospital, Ft. Irwin, CA Contact:Adam DiMuria (480)396-6394 MJC provided the Quality Control (QC) testing and inspection services during construction of the $200M USAGE Replacement Hospital at the Fort Irwin National Training Center. The Hospital required 3.5 years to construct and included the multi-story hospital/clinics building, central utility plant, ambulance shelter, helipad, concrete paved parking, patient parking trellises, exterior roadways, solar array, and ancillary onsite and offsite improvements: MJC's personnel provided the geotechnical - ' - testing/inspection; special-inspection-of-the-concrete;masonry; structural steel/bolting, asphalt, and fireproofing. Materials testing and laboratory testing services were also provided. June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 10 Cost Data The following table lists our cost data for the likely services that will be required to perform the Public Works construction inspection services for this project, including the likely laboratory tests. A complete list of all our services is presented in our Schedule of Fees, included in our bid packet. We understand the field testing and inspection services are subject to prevailing wage requirements. Staff Member Title Hourly/Unit Rate Brad Merrell, PE Principal Engineer $165.00 James Stone, GE Geotechnical Engineer $165.00 Jeff Bums Division/Project Manager $125.00 Field Inspector $105.00 Chris Langdon Project Manager $125.00 Field Inspector $105.00 Andrea Scott Project Coordinator $40.00 per day of service SeanµBest°u Fieldnspector $-105:00- Fidel.Martinez Field-Inspector-, • t$105 00' JasonBest, field Inspector $105:007= LarryCook Field-Inspector $105:00 Field.PersonneL Tavel Time $75:00 (4 hours round trip) Travel Time is not subject to overtime charges Field Personnel Per Dium Cost of hotel plus$25.00 per day 2R Drilling Co. Drill Rig $500 mobilization plus $225.00 per hour Equipment-------- .Coring Trailer. -.-. -- ---.-$100.00_perday. . - Clayton Garrison Laboratory Manager $110.00 Laboratory Test Maximum Density of Soil & $165.00 (D1557) Aggregate Base Laboratory Test Sieve Analysis of Fine and $115.00 (C136) Coarse Aggregates Laboratory Test Theoretical Maximum $125.00 (CT309) Density of Bituminous D2041 Mixtures , June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 11 r J I I •Staff Member Title Hourly/Unit Rate Laboratory Test Bulk Specific Gravity and $190.00 (CT308) Density of Bituminous Mixtures(Hveem) Laboratory Test Asphalt Content of Hot Mix $275.00 (CT382)(D6307) Asphalt, %Asphalt& Gradation Laboratory Test Compressive Strength of $25.00 (C39) Concrete Test Cylinders Laboratory Test Flexural Strength of $80.00 (C78) Concrete(Beam) Laboratory Test Bulk Specific Gravity and $45.00 (D1188)(D2726) Density of Core We bill a minimum of 4 hours a day, plus travel time, field services are provided. Premium rates apply to overtime, holidays, weekends, and night work. Premium rates are not applied to travel time. June 27,2018 City of Rosemead Proposal for Public Works Construction Inspection Services Page 12 • 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 inscope 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 reservesthe 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 ____.........140 MERRENG-01 AUSTINA 'A� DATE ) CE .IFICATE OF LIABILITY INS = .,ANC0/9/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 License#0E67768 CONTACT Erica Wilson IOA Insurance Services PHONE 858 754-0063 50233 FAX No): 574-6288 4370 La Jolla Village Drive (A/C,ANo,Ext):.( ) ) Suite 600 • ADDRESS:Erica.Wilson@ioausa.com San Diego,CA 92122INSURER(S)AFFORDING COVERAGE NAIC# • - INSURER A:RLI Insurance Company 13056 INSURED - INSURER B:Continental Casualty Company - 20443. Merrell Engineering Company,Inc. INSURER C: ' P.O.Box 1273 INSURER D: Barstow,CA 92312 INSURER E: - • INSURER F: COVERAGES CERTIFICATE NUMBER: . • 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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE- ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR' INSD WVD (MMIDDIYYYYI (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS-MADE X OCCUR X XPSB0001214 09/01/2018 09/01/2019 DAMAGETORENTED 1,000,000 PREMISES(Ea occurrence) $ X Cont Liab/Sev of IntMED EXP(Any one person) $ 10,000 • PERSONAL&ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEOLOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Deductible $ 0 A AUTOMOBILE LIABILITY (Ea a accidINEDent) SINGLE LIMIT $ 1,000,000 ' X ANY AUTO x PSA0001545 07/30/2018 07/30/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS' BODILY INJURY(Per accident) $ HIRED NON-OWNED • PROPERTY DAMAGE • AUTOS ONLY AUTOS ONLY (Per accident) $ X Comp.:$500 x Coll.:$500 $ A UMBRELLA LIAB X OCCUR -_EACH OCCURRENCE $ 5 000 000 X EXCESS LIAB CLAIMS-MADE PSE0001418 09/01/2018 09/01/2019 AGGREGATE $ 5'000'000 DED RETENTION$ . - - $ A WORKERS COMPENSATION X STATUTE 0TH AND EMPLOYERS'LIABILITY - YIN x PSW0002084 08/01/2018 08/01/2019 1,000,000 ' ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under 1000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , ' B Prof Liab/Cims Made MCH591903657 09/01/2018 09/01/2019 Per Claim 2,000,000 B Ded.:$10K:Per Claim MCH591903657 09/01/2018 09/01/2019 Aggregate 2,000,000 • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES-(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:All Operations City of Rosemead is Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract.Insurance is Primary and Non-Contributory.Waiver of Subrogation applies to General Liability and Workers'Compensation. 30 Days Notice of Cancellation with 10 Days'Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City Rosemead 8838 East Valley Boulevard - A/1s+^-U, wA_n1 . (Rosemead.CA 91770 ' ACORD 25(2016/03) • ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD . • MERRENG-01 AUSTINA '4-�o CERTIFICATE OF LIABILITY INSURANCE DATE01412DIYYYY) 10/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 License#0E67768 NAMEACT Erica Wilson IOA Insurance Services PHONE 4370 La Jolla Village Drive (NC,No,Eat):(858)754-0063 50233 FAX No):(619)574-6288 Suite 600 ADDRESS:Erica.Wilson@ioausa.com San Diego,CA 92122 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Continental Casualty Company 20443 Merrell Engineering Company,Inc. INSURER C: P.O.Box 1273 INSURER D: Barstow,CA 92312 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMMIDDIYYYY1 IMMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PSB0001214 09/01/2018 09/01/2019 DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ X Cont Liab/Sev of IntMED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I XI JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 Deductible $ 0 OTHER: COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO PSA0001545 07/30/2018 07/30/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS _BODILY INJURY(Per accident) $ HIRED NONWNED PROPERTY DAMAGE AUTOS ONLY — AUTOSONLY (Per accident) $ X Comp.:$500 x Coll.:$500 $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE PSE0001418 09/01/2018 09/01/2019 AGGREGATE $ 5,000,000 DED RETENTIONS $ A AND EMPLOYERS'COMPENSATION - X STATUTE EERH YIN PSW0002084 08/01/2018 08/01/2019 1,000,000 ANYIPROPRIETOR PXRTNER E ECUTIVE N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Prof Liab/Clms Made MCH591903657 09/01/2018 09/01/2019 Per Claim 2,000,000 B Ded.:$10K Per Claim MCH591903657 09/01/2018 09/01/2019 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:All Operations Proof of Insurance 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Rosemead — .. .h � 1+__/� 8838 East Valley Boulevard �`S IRosemead,CA 91770 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Merrell Engineering Company, Inc. RU Insurance Company Policy Number: PS80001214 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION it—LIABILITY 1. C.WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury"caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that contract or agreement. hazard", 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by • We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only. Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury"or"property damage"occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II -. and advertising injury"offense is committed. LIABILITY) . . However, if you specifically agree in a contract or • agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 309 02 12 Page 1 of 1 Named Insured:Merrell Engine-. 'company,Inc. Policy Number:PSA0001545 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION H — any person or organization to the extent required of you by a contract executed prior to any"accident"or LIABILITY Coverage, Paragraph AA. Who Is An "loss", provided that the "accident" or "loss" arises Insured Provision: out of the operations contemplated by such contract. Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided you own fifty organization designated in such contract. percent(50%) or more of the business entity and the E. Employee Hired Autos business entity is not separately insured for Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION II -. to a maximum of one hundred eighty (180) days LIABILITY COVERAGE, Paragraph A.1. Who following the acquisition or formation of the business Is An Insured Provision: entity. An "employee" of yours is an "insured" while This provision does not apply to any person or operating an "auto" hired or rented under a organization for which coverage is excluded by contract or agreement in that "employee's" endorsement. name, with your permission, while performing B. Employees As Insureds duties related to the conduct of your business. The following is added to the SECTION II — 2. Changes In General Conditions: LIABILITY COVERAGE, Paragraph A.1.Who Is An Paragraph 5.b. of the Other Insurance Insured Provision: Condition in the BUSINESS AUTO Any "employee" of yours is an "insured" while using CONDITIONS is deleted and replaced with the following: a covered "auto" you don't own, hire or borrow in your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, C. Blanket Additional Insured the following are deemed to be covered "autos"you own: The following is added to the SECTION 11 — LIABILITY COVERAGE, Paragraph A.1. Who Is An (1) or Any covered "auto"you lease, hire, rent Insured Provision: borrow; and Any person or organization that you are required to (2) Any covered "auto" hired or rented by your"employee` under a contract in that include as an additional insured on this coverage individual "employee's" name, with your form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" permission, while performing duties occurs is an "insured" for liability coverage, but only related to the conduct of your business. for damages to which this insurance applies and However, any "auto" that. is leased, only to the extent that person or organization hired, rented or borrowed with a driver is qualifies as an "insured" under the Who Is An not a covered"auto". Insured provision contained in SECTION II — F. Fellow Employee Coverage LIABILITY COVERAGE. SECTION II — LIABILITY COVERAGE, Exclusion The insurance provided to the additional insured will B.5. does not apply if you have workers be on a primary and non-contributory basis to the compensation insurance in-force covering all of your additional insured's own business auto coverage if employees. you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury" or "property damage"occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, D. Blanket Waiver Of Subrogation C. Limit Of Insurance, is amended by the addition of the following: The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" BUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will pay Conditions, 5. Transfer Of Rights Of Recovery any unpaid amount due on the lease or loan for a Against Others To Us: covered"auto", less: • PPA 3000311 Named Insured: Merrell Eng ng Company, Inc. Policy Number: PSW0002084 WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement, provided you that you have agreed with in a written contract executed the contract before the loss to provide this agreement