Loading...
2200 - MTGL, Inc. - FY23-24 Residential Street Resurfacing Project No. 21035PROFESSIONAL SERVICES AGREEMENT DATA REPORT EVALUATION OF EXISTING PAVEMENT THICKNESS BY MEANS OF CORING SERVICES FOR FY23-24 RESIDENTIAL STREET RESURFACING PROJECT NO. 21035 MTGL, INC. PARTIES AND DATE. This Agreement is made and entered into this 2nd Day of November, 2023 (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 MTGL a California corporation with its principal place of business at 2992 E. La Palma Avenue, Suite A, Anaheim, CA 92806 ("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 data report evaluation of existing pavement thickness by means of coring for street pavement rehabilitation project 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 professional data report evaluation of existing pavement thickness by means of coring services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. MTGL Page 2 of 17 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 data report evaluation of existing pavement thickness by means of coring necessary for the Project, herein referred to a "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 for a six (6) month period from the Effective Date shown above 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. MTGL Page 3 of 17 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. 3.2.5 City's Representative: The City hereby designates the City Manager, 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 Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultants Representative: Consultant hereby designates Daniel Richardson, 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 professional 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 represents 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 MTGL Page 4 of 17 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. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable 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 indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage 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 Consultant 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 its 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 and shall not exceed Twenty -Two Thousand Four Hundred Seventy Dollars ($22,470) and in accordance with consultant's revised proposal dated October 30, 2023. Consultant's proposal is hereby incorporated and found in Exhibit A. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. MTGL Page 5 of 17 3.3.2 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 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 anytime 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, at 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" 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 to the extent they are applicable to Consultant. 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. MTGL Page 6 of 17 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 least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ 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: MTGL 2992 E. La Palma Ave., Suite A Anaheim, CA 92806 Attn: Steven Koch Tel: (714) 632-2999 CITY: City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or 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. MTGL Page 7 of 17 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. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City 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 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 costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. MTGL Page 8 of 17 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 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. MTGL Page 9 of 17 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. 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 MTGL Page 10 of 17 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] MTGL Page 11 of 17 CITY OF ROSEMEAD Ac*X jr CAY Maeaasi Bert jCirn, City Manager MTGL, Inc. p13 By` Date Name: Michelle Elliott Attest: Erieka Hernandez, City Clerk Date3 Approved as to Form: 11/2/2023 Title: Chief Executive Officer/Secretary [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] mom mamr-Aw Name: Isaac Chun Rachel Richman Date City Attorney Title: Vice President, Engineering MTGL Page 12 of 17 EXHIBIT A SCOPE OF SERVICES Attached iEOTECHNICAL ENGINEERING CONSTRUCTION INSPECTION MATERIALS TESTING ENVIRONMENTAL OFFICE LOCATIONS October 20, 2023 Revised October 30, 2023 MTGL Proposal No.: P -23-801R1 ORANGE COUNTY Leonardo Martinez, Public Works Inspector MTGL Branch: Anaheim CDXVORATE BRANCH City of Rosemead S, .E , 8838 East Valley Boulevard 7A a_cos Rosemead, California 91770 T_b. 714,- . Fay » Subject: PROPOSAL FOR A DATA REPORT EVALUATION OF EXISTING PAVEMENT THICKNESSES SAN D15Go City of Rosemead, FY 23-24 Residential Street Resurfacing Project Rosemead, California 7742 Lq::,. References: O 1. KMZ file titled FY 23-24 ZONE 3 — RESIDENTIAL PVMNT REHAB, 10-12- 23, sent via email October 13, 2023. 2. PDF file titled FY 23-24 RESIDENTIAL REHAB ANALYSIS, PROJECT LIMITS, iNwmEmE„E sent via email October 13, 2023. IIA67 PAI"'S:;.. H raE,, 3. KMZ file titled FY 23-24 ZONE 3 — RESIDENTIAL PVMNT REHAB, WITH Bv<m� z� MTGL CORING LOCATIONS 10-18. Pie --"9. , 922 1; Tel: 5i` Ess. 41-11. - ;;,_,_ «E Dear Mr. Martinez, In accordance with your request, MTGL, Inc. is pleased to submit this revised proposal for a data report for the subject project. The scope of work includes the evaluation of C,C/LA/1wv,Nn EmAlxe existing pavement thicknesses by means of coring at selected locations within the DsrATa� project sites. ^cOJASi.29i'� This revised proposal is based on review of the referenced documents and email SAN DiEso DisrATce correspondence with you initiated on October 13, 2023. Based on our review and s?e3aZvAc correspondence, we understand the project will generally consist of pavement rehabilitation by means of cold mill and overlays. The referenced PDF file provided the street segments considered in this project. MTGL's scope of work will include evaluating the existing pavement section (i.e., thickness and general composition) by coring the pavement at locations shown on the revised KMZ file sent with this proposal. If aggregate base is encountered below the cored pavement, an estimate of Miml aggregate base thickness will also be provided. Page 1 City of Rosemead MTGL Proposal No. P-23-801111 FY 23-24 Residential Street Resurfacing Proiect October 30. 2023 SCOPE OF SERVICES Our services will consist of coordination, field exploration, a review of the compiled data and preparation of a written report containing the findings of our field investigation. FIELD INVESTIGATION AND OFFICE RESEARCH Our field investigation and office research will consist of: • Site reconnaissance to better understand and coordinate coring and sampling. • Obtaining no -fee permits for traffic control and pavement coring from the City of Rosemead. • Providing limited traffic control consisting of traffic cones and MTGL staff monitoring traffic. • Coring the asphalt concrete (AC) in 50 locations. • Logging of the cores and aggregate base section, including obtaining measurements and photographs. • Collecting the extracted cores, transporting to MTGL's materials laboratory, and placing them on hold for 30 days. • Patching the surface with Aquaphalt® or high strength rapid -set concrete. ENGINEERING REVIEW AND REPORT PREPARATION The results of our field and laboratory programs will be evaluated and presented in a written report summarizing our conclusions regarding the following: • Location of extracted pavement cores. • Thickness of each core and general layering composition. • Field description of material encountered beneath the cored pavement. If aggregate base is encountered, an estimate of aggregate base thickness will also be provided. • Photographs of the cores. The scope and fee presented herein does not include plan review and commentary, or other design development services. If additional services are required, please submit a request to our office to provide a separate proposal with additional scope and fee. Our recommendations will be consistent with sound engineering and geologic practices and shall incorporate federal, state and local laws, codes, ordinances and regulations which, in our professional opinion, are applicable at the time that our professional services are rendered. Page 2 City of Rosemead MTG� Proposal No. P-23-80181 FY 23-24 Residential Street Resurfacing Project October 30, 2023 SCHEDULE We are prepared to begin scheduling our work immediately upon receipt of your signed authorization to proceed. The site reconnaissance can be performed within 1 week of NTP. Field explorations can begin upon receipt of encroachment permit from the City of Rosemead. Based on experience with similar projects, this schedule assumes that field work (site reconnaissance and coring) can be completed within 5 days. Engineering review and initial report preparation will be completed within two weeks of finishing the field work. TERMS We propose to perform the previously described services on a lump sum basis in accordance with the attached fee schedule. Our estimate of charges for the proposed services are as follows: Invoices for our services will be rendered at the completion of the work and upon completion of the report. Invoices are due and payable upon presentation. Should the duration of the job exceed one month, monthly invoices may be presented for services performed. Any amount not paid within 30 days of the date due will bear interest at a rate of 18% per annum. In the event legal action is instituted to enforce this agreement, the prevailing party will be entitled to reasonable attorney fees. During the course of our work, it may be necessary to change the scope of our work due to unforeseen conditions. If such a change in the scope of work becomes necessary, which will increase the charges, we will notify you with a change order to obtain your written authorization before proceeding. Page 3 City of Rosemead MTGL Proposal No. P-23-80181 FY 23-24 Residential Street Resurfacing Project October 30, 2023 CLOSURE Thank you for the opportunity to submit this proposal. This proposal will be valid for 90 calendar days. We look forward to working with you on this project. If the terms indicated in our offer are acceptable, we can begin our work upon receipt of your notice of acceptance and authorization to proceed. If you have any questions regarding this proposal, please contact the undersigned. Respectfully Submitted, MTGL, Inc. Daniel Richardson, P.E. Senior Engineer I Engineering Manager ay Rowerdink, E.I.T. Senior Staff Engineer Attachments: Schedule of Fees Basis of Charges Page 4 Authorized by: City of Rosemead Signature /y jeI?,4ti l�tA Print Name Finances Dii�v`•�- 647in tMrtAayz,— Titl� , Date 111112-043 MTGL Fee Schedule for Prevailing Wages Effective July 1, 2023 -July 1, 2024 PROFESSIONAL SERVICES yy:= •+.;. 5g,}_i�'-] _ i UNIT g;97 lEABTESfWG-CONCRETE UNIT RATE StaHEngineer/Geologist HR $ I15A0 C39Compressive Strength Concrete Cylinders(6'x 12"J EACH 5 35.00 Project Manager/Engineer/Geologut HR $ 13SDD C39 Compressive Strength- Wine, I6" Max. Diameter) EACH $ 55,00 Principal Engineer/Geoogist HR $ 175.00 OSR..hadstres'di seams 16'x6'7 EACH $ 60.00 Dreftuenon HR $ 70.0 C1S7Concrem,Shrinkage(Setof3) SET 5 350.0 Adminotradve(Per Monthly Invoke) EACH 7% 0374 HandlingCharge- Cylinders Not Broken/Hold EACH Si 10,00 CT 370 Mokture Content EACH S. 70.W 0392 Concrete Trial Batch w/Lab Testing EACH $ 1.100.00 CarrIfu d Payroll leer Pay Parlod) EAOf $ 95.00 C469 Modulus of Elasticity EACH 5 150.0 Steel Chemical Analysis/AWS Weld:Macroetch/Fracture/Bend Test EACH QUOTE C495 Comp.Strength- Lightweight Concrete rill EACH 5 45.00 FIELD I NSPERION PERSONNO �,: L:y 14a - UN;_ pgig_ Handling Charge - Beams Not Broken/Hold EACH $ 50.00 ICC Special Inspector HR $ 125.1%1 C4967ensile Strength, Splitting EACH $ 75.0 Soils/Asphalt Technician HR 5 S25.W U67 Unit Weight(Handened lightweight Concrete) EACH S 50.00 AWS/CWI Welding Inspector HR $ M'DO C1140 SMIUPete Panel Test EACH 5 300.00 NDT Technician/ Fabrication Inspector HR $ 145.00 Core Trimming (In Is boratory) EACH $ SS.O Feld/ubS.panno., HR $ 135.00 EQUIPME15T CHARGES UNIT RATE DSA Masonry/Shotcrete Inspector HR $ ]25,00 LA. Deputy Grading inspector HR $ 145.00 IABTESTING-SOIL UNN RATE 0422 Hydrometer Ana 's EACH 3]SAO D4 a Sieve Analysis of Soil E4CH $ 200.00 0558 Soil Cement- Maximum Derefty EACH $ 300.00 D559 SoilCement - Sample preparation EMIT $ 100,00 D9545peciflc Gravity of Soils EACH $ 125.0 D1140 Materials Finer than R200(Sleve) EACH $ 60.00 DISW Maximum Density EACH $ 290.01) D3883 California Be. dog Ratio (CBR) EACH QUOTE D4829 Expansion Index of Soils EACH $ 135.00 R 216 CA Impact Max Density EACH $ 225.00 CT 216 CA I mpect Rock Correction EACH $ 95.00 _IAB -ASPHALT UNIT RATE D1188 Core Density ParaHlm Coated EACH 5 85.00 015605taillometer-HVEEM EACH $ 290.00 01561 Max Density-HVEEM EACH $ 195.00 D2172 Asphalt Content by Solvents EACH 5 250.00 D3910 We Track Abr asion EACH 5 19500 D5444 Gradation of Extracted Agg EACH 5 275.00 D6307 Asphalt Content by Ignition EACH 5 245.00 D6926 Max Density -Marshall EACH $ 295.00 D6927 Stability and Fow- Marshall EACH $ 375.00 T2D9/D2041 Theoretical Maximum Density EACH 5 150.00 T324 Hamburg Wheel EACH $ 140000 CT 370 Mokture Content EACH S. 70.W eTESTI -MASONRY UNIT RATE M09 Mortar- 2" Cube Compressive Strength EACH $ 90.00 C140 Block- Compresslve Strength EACH $ 7540 C140Blind -Moisture&Absorption EACH S 8000 C140 Block - Una Wag rut &Measuremen is EACH 5 275.00 C426 Block - Linea r Shrinkage EACH $ 180.00 ON MPro, -(2"x4"I Cylinders Comp. Strength EACH $ 35.00 C1019Grout Prisms Compressiue5treogM EACH 5 35.W Handling Charge(Cylinders/Cubes/Prisms) Not Brokan/HDIdS EACH 5 75.00 [1314 CMU Grouted Prbnaa - CDmp. Strength (<B" x B" x 16") EACH $ 180.00 M14 CMU Grouted Prisms -Comp. Strength (>8"x8"x16"1 EACH $ 245M C67 Brick - Boil EACH $ 90.00 C67 Brick- Compressive Strength EACH $ W.W C67 Brick - Mole nine &Absorption EACH $ 85.00 C67 Roofing We Strength Test EAOf S SOM IARTe9TING-SrlEL U.19 RATE Steel Chemical Analysis/AWS Weld:Macroetch/Fracture/Bend Test EACH QUOTE A325 High Strength Bolt, Nut PA Washer Confor uince(Per Assemblyl EACH S 3BDA0 A370 Brinell & Rockwell Hardness Test EACH $ 80.00 A370 Nelson Rud Tensile EACH $ 195.00 A37D Rebar Bend& Tensile Test No. 11 Ba r&Smaller EACH $ 45.00 A615/7D68end Test No 11 Bar a nd Smaller EACH $ 60.00 A615/705Tensile No. 11 Bar and Smaller EACH 5 65.00 A615/706Tensile N0, 14 Bar and urger EACH QUDTE A416 Prestressing Wire, Tension EACH $ 170.00 Sample Preparation (Cutting) EACH 5 SOLD A416 Prestressing Cable (7 Wire)-lield&Tensile EACH S SNDO E5135 Fireproofing Unit Weight EACH S 60.00 EQUIPME15T CHARGES UNIT RATE Air Meer DAY $ '+0.00 Dye Penetrant Equipment DAY $ 50.00 Emissivity Test At EACH 5 50.00 CT 227 Oeanness Value EACH $ 230.00 Ground Rod Equ43m m DAY 5 So= D3744 Durability Index EACH $ 180.00 Jacking Assembly DAY $ 65.E D5821 Flat& Elongated Particles EACH $ 2240 Magnetic Particle Equipment DAY $ 50.00 T335 Crushed Particles EACH $ 17040 Nuclear Density Gauge DAY $ 70.0 Pachometer DAY $ 55.00 IAB TESTING - his UNIT RATE Send Cone Kt DAY S 8D00 C67 Roofhg TBeAbsorpgon EACH S 0.00 Schmidt Hammer DAY $ 4500 C67 Roofing We Strength Test EAOf S SOM SkldmOr.Wilhelm Bolt Cell DAY 5 65.00 Torque Wrench DAY $ SOW Samoa Pldarp amen IGTE Ultrasonic Equipment DAY 5 45.E Piclr up Sampleifipttwge(2hr MMhMRIa) HR $ G$.0D Outside Services Cost .20% Weekend Sample Pick Up Charge (2h, Mip(mum) HR S Bron Basis of Charges and Contract Terms The charges for services and General Terms and Conditions setforth below will govern the provision of services and will co di tista the Contract terms between the Owner or Owner s 0.epre,ama ora (Client) and MTGL, Inc unless the Client and MTG4 Inc. hive esmuted a written contract with respect to such services, In which case the terms and provisions of she written .mract shall supersede. Minimum Field Hourly Charges For Field Technicians. Special inspectors or any onsite (field) materials tesfing services: 4 hours: i -hour minimum charge up to the first four hours mwork. a hours: 8 -hour minimum charge for over four lours of work, spot eight hours. Projest time occruedied.despodol toponof travel tlme. Scheduling & Cancellations • A 24-hour notice is required when scheduling an dispersion or technician. A two-hour show -up charge will be applied to any service canceled the same day of service. • Verbal request will be Considered authofirmon m perform billable work. Client shall designate members) of staff who have authorityfo request services and notify MTGL in writing & their authorial rept esenmtive. Otherwise all service requests are billable. Travel Charges & Mileage • For projects outside a Spittle radius from the nearest MTGLfadihy, $0.58 per excess instead and from the project will be charged for inspectors antl technicians, • When project related equipment is required to be transported to and from the project site, lime antl mileage for inspectors antl field technicians will be billed on a poi tal to portal basis. • For all projects, $0.56 per mile rate and applicable travel time will be charged portal m pi for engineers. Consultants. and supervisor from the laboratory to the project Site and return Overtime Rates Laboratory Testing • Work performed in eecess of 8 hours per day and/or up to eight (8) hours on Saturdays will be • A2-0our minimum material sample pick-up charge with an hourly rate of 565 will be billed billed at 1.5 times the unit rate. in addition to the prices quoted for testing. • Wor it performed on Sunday, recognized holidays, or in excess of eight (8) hours on Saturdays will be billed at 2.0 times the unit late A20%sumhargewillbeappliedforlab ma rytestsperformedona5awrdayor Sunday. • Work performed by field or bbor wScaffputslde of normal business hours(5:00 AM -5:00 PMj will be subjectts the above Overtime rates. Administrative Charges •All admtntstrative costs including report distribution are billed at 5%c Me monthly invoice total. • Canned payroll requests will have a processing fee applied for each project billed at $95 per Payroll week. Anticipated Costs • MTGL estimates a budget to assktthe client with Facie required inspections and testing based upon information provided by the client fell ability to perform well the estimated budget relies heavilyon theaccuracy of the Information provided, as well as the cooperation of clients management stall. Quoted laboratory test rates assume samples are free of hazardous materials. Handling and testing of samples Containing hazardous materials will Include addltionaI Costs. Weekend Sample Pick -Ups In order o be in strict conformance with testing star n Cards, it may be required that weekend pick. ups be performed (e.g. concrete specimens Cast on Friday must be picked up Curing weekend to be in conformance with ASTM C31 requ king specimens to be moved to their final curing location within 46 hours of cesting.j Applicable charges lot weekend work will apply when this IS required. Should these charges not be authorized then MTGL will not be held responsible for any negative consequences for non -Forfar mance Terms of Payment • Invokes for all services will] be submitted monthly. These invokes are due in full upon presentation to client. Invoices outstanding over 45 days are considered past due and will be subject to a finance charge of 1.5%of the unpaid balance each caw nth. • Project actual budget Lands may vary. Estimated budge[ hours are based upon 40 hours a week, • All invoice errors or necessary corrections shall be br ought to the attention of MTGL within 30 8 hours a day, Monday -Friday. Client shall monitor the percermge of work remaining to assure days of receipt of invoke. Thereafter. customer, acknowledges invoices are Fort ect and van it. inspections and testing Is not greater than the estimated budget and adjusts the contractofs labor and Scheduling to maintain the work completion schedule. • MTGL restores the rigor w terminate its 5aortas to a customer without notice if all Invoices are not current. Upon such termination ofservices, the entire amount acov ed for all services •Clientrecognues and agrees that a" 'Anticipated costs,""budget estimates,"or lit a likethat performed shall 'unmediately become due and payable, Customer waives any and all claims may be prepared by MTGL are NOT "guaranteed maximums," lump sums: or'nmaocviceed against MTG4IN subsalaries,affiliates, servants and agent- for termination of wort: on a¢ouet of Soleic". Client win be invoiced to ran work performed and only for work performed based on theseterdes. MrIGL's working conditions and hours as an attachmentto their contact • In the event of any litigation arising from or related to amagreement to provide services •Additionally, any weekly overtime hours, Saturday or Sunday, double Shift, and/or nightsh(R whether verbal or written, the prevailing party shall be eddiled to recover from the nor -prevailing differential for slid p steel inspection are NOT included in MTGL's proposal. parry all reasonable costs incurred, including staff time. court costs, orri her fees and all other related espenses in such litigation. Additionally, in the event of anon- adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the overrating party. Reimbursable Expenses & Outside Services Prevailing Wage • Heavy equipment subcontactorfees and expenses, supplemental insurance, travel, Please note that all inspector andtechnicfan rates will increase every July 1. with the Stare of shipping outside reproduction, and other reimbursable expenses will be Invoiced at met plus California Prevailing Wage Increases. 20%. Outside services w111 be billed at coat plus 20% unless billed directly to and paid for by Client. Our professional englnearli geology, and impeNon services are performed in accordance with the Current standards of practice in the industry. No other warranty or representation, express or implied, is made err intended. MTGL Page 13 of 17 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. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract' language will not be accepted. 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. 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. 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. MTGL Page 14 of 17 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 omissions of the consultant and "Covered Professional Services" as designated in the policy must 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 Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Acceptable insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 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 (or otherwise consistent with the insurer's endorsement). 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. MTGL Page 15 of 17 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. A ten (10) day notice to City shall apply to nonpayment of premiums. 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 (except Professional Liability and Workers' Compensation) 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 MTGL Page 16 of 17 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. MTGL Page 17 of 17 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this 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. OFFICE LOCATR3N5 ORANGE COUNTY CORPORATE BRANCH 2992 ]";, F=.bv; $UI{E A Anaheiry CA .92-0-, Tel: 7-M-2.2651 Far 7-45&d,2974 SAN DIEGO IMPERIAL CGUI•IT, 7742 Afp: is''ri,e Saii'Dlegr. CA 921 L6 Fa' 266 PR': X90 INUANG EFIGIRE )446.' Merl -ti.:, "-Vmay buik•Irg RA ,CA 9zs2S Tel: 9i_" -I @5:.49-3 Fa>•. T'i. 5"4565 0C/LA/lOw4o EMPIRE D15PATCH . &JG.491.295'i SAN DIEGO DisPATCH 8P&8J-A.'MO October 20, 2023 Revised October 30, 2023 Leonardo Martinez, Public Works Inspector City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 GEOTECHNICAL ENGINEERING vONSTRUCTION INSPECTION MATERIALS TESTING ENVIRONMENTAL MTGL Proposal No.: P -23-801R1 MTGL Branch: Anaheim Subject: PROPOSAL FOR A DATA REPORT EVALUATION OF EXISTING PAVEMENT THICKNESSES City of Rosemead, FY 23-24 Residential Street Resurfacing Project Rosemead, California References: 1. KMZ file titled FY 23-24 ZONE 3 — RESIDENTIAL PVMNT REHAB, 10-12- 23, sent via email October 13, 2023. 2. PDF file titled FY23-24 RESIDENTIAL REHAB ANALYSIS, PROJECT LIMITS, sent via email October 13, 2023. 3. KMZ file titled FY 23-24 ZONE 3 — RESIDENTIAL PVMNT REHAB, WITH MTGL CORING LOCATIONS 10-18. Dear Mr. Martinez, In accordance with your request, MTGL, Inc. is pleased to submit this revised proposal for a data report for the subject project. The scope of work includes the evaluation of existing pavement thicknesses by means of coring at selected locations within the project sites. This revised proposal is based on review of the referenced documents and email correspondence with you initiated on October 13, 2023. Based on our review and correspondence, we understand the project will generally consist of pavement rehabilitation by means of cold mill and overlays. The referenced PDF file provided the street segments considered in this project. MTGL's scope of work will include evaluating the existing pavement section (i.e., thickness and general composition) by coring the pavement at locations shown on the revised KMZ file sent with this proposal. If aggregate base is encountered below the cored pavement, an estimate of aggregate base thickness will also be provided. Page 1 City of Rosemead MTGL Proposal No. P-23-801111 FY -23-24 Residential Street Resurfacing Project October 30. 2023 SCOPE OF SERVICES Our services will consist of coordination, field exploration, a review of the compiled data and preparation of a written report containing the findings of our field investigation. FIELD INVESTIGATION AND OFFICE RESEARCH Our field investigation and office research will consist of: • Site reconnaissance to better understand and coordinate coring and sampling. • Obtaining no -fee permits for traffic control and pavement coring from the City of Rosemead. o Providing limited traffic control consisting of traffic cones and MTGL staff monitoring traffic. • Coring the asphalt concrete (AC) in 50 locations. • Logging of the cores and aggregate base section, including obtaining measurements and photographs. • Collecting the extracted cores, transporting to MTGL's materials laboratory, and placing them on hold for 30 days. • Patching the surface with Aquaphalt® or high strength rapid -set concrete. ENGINEERING REVEw AND REPORT PREPARATION The results of our field and laboratory programs will be evaluated and presented in a written report summarizing our conclusions regarding the following: • Location of extracted pavement cores. • Thickness of each core and general layering composition. • Field description of material encountered beneath the cored pavement. If aggregate base is encountered, an estimate of aggregate base thickness will also be provided. • Photographs of the cores. The scope and fee presented herein does not include plan review and commentary, or other design development services. If additional services are required, please submit a request to our office to provide a separate proposal with additional scope and fee. Our recommendations will be consistent with sound engineering and geologic practices and shall incorporate federal, state and local laws, codes, ordinances and regulations which, in our professional opinion, are applicable at the time that our professional services are rendered. Page 2 City of Rosemead MTG, Proposal No. P-23-801111 FY 23-24 Residential Street Resurfacina•Ptolect October,30,.2023 SCHEDULE we are prepared to begin scheduling our work immediately upon receipt of your signed authorization to proceed. The site reconnaissance can be performed within 1 week of NTP. Field explorations can begin upon receipt of encroachment permit from the City of Rosemead. Based on experience with similar projects, this schedule assumes that field work (site reconnaissance and coring) can be completed within 5 days. Engineering review and initial report preparation will be completed within two weeks of finishing the field work. TERMS We propose to perform the previously described services on a lump sum basis in accordance with the attached fee schedule. Our estimate of charges for the proposed services are as follows: ESTIMATED COSTS - 50 cot es Field Exploration _ $ 17,810.00 Engineering Review and Report Preparation $ 3,590.00 Administrative $ 1,070.00 Total costs $ 22,470.00 Invoices for our services will be rendered at the completion of the work and upon completion of the report. Invoices are due and payable upon presentation. Should the duration of the job exceed one month, monthly invoices may be presented for services performed. Any amount not paid within 30 days of the date due will bear interest at a rate of 18% per annum. In the event legal action is instituted to enforce this agreement, the prevailing party will be entitled to reasonable attorney fees. During the course of our work, it may be necessary to change the scope of our work due to unforeseen conditions. If such a change in the scope of work becomes necessary, which will increase the charges, we will notify you with a change order to obtain your written authorization before proceeding. Page 3 City of Rosemead MTGL Proposal No. P -23-801R1 FY 23-24 Residential Street Resurfacing Project October 30, 2023 CLOSURE Thank you for the opportunity to submit this proposal. This proposal will be valid for 90 calendar days. We look forward to working with you on this project. If the terms Indicated in our offer are acceptable, we can begin our work upon receipt of your notice of acceptance and authorization to proceed. If you have any questions regarding this proposal, please contact the undersigned. Respectfully Submitted, MTGL, Inc. Daniel Richardson, P.E. Senior Engineer I Engineering Manager ay Rowerdink, E.I.T. Senior Staff Engineer Attachments: Schedule of Fees Basis of Charges Page 4 Authorized by: City of Rosemead Signature Bryati a aA Print Name Fiitern w J91I22rJ» 40'+ OT C4ty N4Aer„e.— Title VI(— /1// Date MTG3 Fee, Sdmodule for Prevailing Wages Effecthw My L 0213 -July 2, 2024 PROFER11 N SMIl£5 Staff Engineer/Gealoost HR 5 mm Ngect Manages/Eiyfneer/Geolgls[ HR 5 "Sm Principal Engineer/G..I HR -$_ 175.00 Draftsperson - - HR 5 70.00 Admink8adve JPer Monthly InWke) - _ 5% Certified Payroll (Per Pay Pwbdl $ 95.00 G- RATE Cg7ltadgn3�geAbsorptbn': EAM $ g0A0 C67 gooMg.T/e5lrwgdllssl - EACH 5 E0m MY im Pick uP5aRM1iTrIP,CINrRR_hr MMimtm?I._. -._ -. $ .65,J30 Weekend 5ample Pick Up Charge (2hr.,MbNR!mi - XR $ 80110 Basis of Charges and Contract Terms The charges for sluices and General Terms and Contiguous value, below will govern the provision of services and will consti a the contract terms between the owner or Ownefs Representative (Client) and ail Inc unless the Client and MTG41nc. have excuted a written contractwith ne panto such slices. In which case the terms and provisions of the written contract shall Supersede. Minimum Field Hourly Charges For Field technicians, Special Inspectors or any all (geld) mateYgg testing services: 4 hours: 4 -hour minimum charge up to the first four hams ofwork. 8 hours: 8 -hour minhnum charge for over four hours ofwark, up to eight hours. Project time omued ncludes portal to piumal sexual time. Scheduling & Cancellations • A 24-hour notice u required when scheduling an inspection or technical • Atwo-hour show -up charge will be applied to any service canceled thestime day ofservice. • Verbal request will be considered autiwruation to perform billable waft`. Client shall designrte members) of staff who have authority to requen services and ready MTGL In we" of their surnamed representative Otherwise all service requests are billable. Travel Charges & Mileage • Forprojecls outside a SPmile radius from the nearest MTGLfatlNty, $058 per excess mile to andfrom the project will be charged forinspctors and technicians. • When rojen rained equipment is required to be transported to and from the project site, time and mileage for inspectors and geld technicians will be billed on a portal to portal basis. • For all projects, $0.59 per mile rate and applicable travel time will be charged pard to poral for engineer, consultants. and supervisors from the laboratory 0 the project site and return. Overtime Rates laboratory, Testing • Wakpedormedinmmofghwurspadaymd/orupra eight($)hours onsaturdays Ali be a A2 -hour Minimum material sample pick-up charge with an hourly rate of $85 will be billed billed at lS times the unit race In addthon to the prices quoted for testing. • Woikperformedon Sunday,remgnitedba0dap,orinercessofelght(8)hourson SaNrdays All be billed a 2.0 Uses the unit real • A 20% surcharge will be applied for laboratory Unix performed on a Saturday or Sunday. • Work performed by field or laboratory staff outside ofnormal business hours i SAO AM -5:00 PM) will besub)ento the stuaw ovemme rates. Administrative Charges As ad instutive cots Including report distrill are billed at 5% oFthe monthly Invoice total. • Certified payroll evaluation will have a processing fee applied for each project billed al per payros week. • Ouoted laboratory tantrums assume samples are free of hazardous mate. tag. Handling and testing of samples containing hicardous materials will include additional costs, Weekend Sample Pick -Ups In order to be In sNtt conformance with testing standards, It may be required that weekend pack. ups be performed tag; concrete spectrms est on Friday mart be picked up during weekend to be in conformance with ASTM US requiring specimens to be moved to their final curing location within 48 hour of castioGl Applicable charges for weekend work will apply when the Is required Should these charges not be surnamed then MTGL will not be held responsible fa any negative consequences for non-confomnance. Anticipated Costs Terms of Payment •MTGL estimates a budget to assist the client with code required inspections and antMg based • Invokes for all savlces will be submitted monthly, These Invokes are due in full upon upon information provided by the client MTGL's ability to perform within the estimated budge( presentation W client. Invoices outstanding over 45 days are considered pact due and will be relies heavily on the accuracy of the infomgtlon provided as well as the cooperation ofefgnt's subject to a finance charge of 7.5% of the unpaid balance each month. managemortstaa. • project actual budget tong may vary. Fsdmaad budget hours arc based upon 40 hours a week, • All invoice errors or necessary mrrections shall be a ought to the attention of MTGL within 8 hours a day, Mo,May-Friday. Client Shall mongol the percentage of work remail to assure days of receipt of Invoice. Thereafter, customer, acknowledges invoices are von ad and valid Inspections and noting IN not "ter than the estimated budget and adjust; the national labor and scheduling to maintain the wad completion schedule. • MTGLmeasures the fish[to terminate In services to a customer without notice M all immices are not current Upon such termination otervices, the entire amount accrued for all services •Client reoognL-es and agrees that any-antltlpated costy"budget ssdmatial or the like that performed shall Immediately become due and payable Customer wakes any and all china may be prepared by MTGL are NOT*guaranteed maxImns; "lump sums; of'not-to-ascaed against W64 Its; sobsklintrs, affiliates, servants and agents for termination of work on account of rang". Client con belnvoll for a0 work performed and only for work performed based on these terms. WGL's working conditions and hours as an attachment to ells contract • In the event of any 9tigatlo t arisllg from or related to any agreement in provide services -Mulidomlly, airy weekN overtime ham, Saturday or Sunday, double shift, and/or nlghtshtR whether vabel or written, the prevailing party shag be entded to recover from the non -prevailing differential for shop steel Impaction an NOT Included In MrGVs proposal, party all reasonable coats incurred, including staff tune, court conn,&not trey fees and all other related expenses In such litigation. Additionally. M the nrentaf a non- adjudicative settlement of Tdigazion between the parties or a resolution of dsputa by arbitration, that same process shall determine thaprevatling perry. Reimbursable Expenses & Outside Services Prevailing Wage • Heavy equipment. subcaNactorfees and expemes, supplemental Mmnnce, usual, Phase note that all inspector and tintless rates All increase every July L will the same of shipping, outside repradurtion, and other reimbursable expenses well be involced at cost plus California Prevalling Wage Increases, 20%. Outside services will be billed at mat plus 20% unless billed directly to and paid for by Client. Our proassienal sglceedng, geology, arta Inspection saMces an performed in accordance with the mrrarn standards of prectice In the Industry. No other warranty or represemadon, express or impgd, Is made or Intended. MTGL Page 13 of 17 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. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract' language will not be accepted. 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. 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. 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. MTGL Page 14 of 17 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 omissions of the consultant and "Covered Professional Services" as designated in the policy must 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 Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Acceptable insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders'Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 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 (or otherwise consistent with the insurer's endorsement). 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. MTGL Page 15 of 17 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 anytime 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. A ten (10) day notice to City shall apply to nonpayment of premiums. 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 (except Professional Liability and Workers' Compensation) 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 MTGL Page 16 of 17 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 Consultants 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. MTGL Page 17 of 17 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this 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. MTGLINC-01 TENUTOD rnvcowr_vc 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDYYYY1 ADDLSUBR 11/212023 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 # OE67768 C NTACT Mandy Murphey IOA Insurance Services is"c°ONr o, Eau: (619) 400-1990 uC, Nol:(619) 574-6288 3636 Nobel Drive Suite 410 1 E- . Mandy.Murpheyfficausa.com San Diego, CA 92122 INSURERS AFFORdNG COVERAGE NAIC p INSURERA:Travelers Property Casualty Company of America 25674 INSURED INSURERB:State Com enation Insurance Fund of CA 35076 INSURERC:Continental Casually Company 20443 MTGL, Inc. I INSURER D: 2992 E. La Palma Ave., Ste. A INSURER E: Anaheim, CA 92806 NSURER F: rnvcowr_vc 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 ADDLSUBR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ppUCY NUMBER POLICY EFF POLICY E%P LIMITS A X COMMERCIAL GENERAL LIABILITY E 8838 E Valley Blvd. Rosemead CA 91770 EACH OCCURRENCE $ 1'000'000 DAMAGE TO RENTED 1,000,000 $ CLAIMS -MADE � OCCUR X X 6802HO20984 911/2023 911/2024 MED EXP (Any one sersorn $ 5'000 X COOL Liab/Sev of Int PERSONAL B ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � jEp7 LOC GENERALAGGREGATE 8 2,000,000 PRODUCTS-COMPIOPAGG E 2,000,000 Deductible I S 0 OTHER: A AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT $ 1,000,000 =='Y Per arson $ X ANY AUTO X X BA2S139998 91112023 1 911/2024 BODILY INJURY Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTNNO.pSSWN p AURTOS ONLY AUOTOS ONLY Per aacRioent IMAGE S S X Canp.: $2,500 X Coll: S2,500 A X UMBRELLA UAB X OCCUR EACH OCCURRENCE 5 9'000'000 AGGREGATE $ 9'000'000 EXCESS UAB CLAIMS -MADE CUP4161 T475 91112023 - 911/2024 DED X I RETENTIONS 01 1 i B WORK ERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERr ECUTIVE OFaRCERMIEEMBER EXCLUDED? (Mandatoryln NH) NIA %t 9278739.23 71112023 71112024 X PER OTH- 1,000,000 E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE 1,000,000 1,000,000 E.L. DISEASE -POLICY LIMIT E If yes, describe under DESCRIPTION OF OPERATIONS below C Prof Liab/Clms Made MCH691879084 911/2023 91112024 Per Claim 5,000,000 C Ded.: $50K Per Claim MCH591879094 91112023 91112024 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACCRD 101, Additional Remarks Scbeduls, may be sNachad if more space is required) Re: All Operations City of Rosemead and 7rsnstech are Additional Insured with respect to General Liability, Auto Liability 8 Umbrella Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability, Auto Liability, Workers' Compensation, Umbrella Liability and Professional Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. CAMCPI I ATInM vert I Irn.w I E nvwEn — --- 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 ofRosemead E 8838 E Valley Blvd. Rosemead CA 91770 ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy No.: 6802HO20984 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or 'personal injury" arising out of "your work' performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the 'personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and 'property damage" occurs and the 'personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period Page 2 of 2 ® 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Name: MTGL, Inc. Policy No.: BA2S 139998 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em_ An Insured, of SECTION 11 — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ® 2015 The Travelers Indemnity company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: E. F. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss": or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 ® 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A 1.b. and A 1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto' and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME MTGL,INC. 2992 E LA PALMA AVE STE A ANAHEIM, CA 92806 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS Page 1 9278739-23 RENEWAL EFFECTIVE July 1, 2023 AT 12:01 AM. Southern AND EXPIRING July 1, 2024 AT 12:01 AM 1374747 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00°% OF THE TOTAL POLICY PREMIUM. PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER SCHEDULE JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED, NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: June 20, 2022 4 AUTHORIZED REPRESENTATIVE 2572 SCIF FORM 10217 (REV, 4-2018) L J— PRESIDENT AND CEO OLD DP 217