Loading...
HomeMy WebLinkAboutAgreementAGREEMENT BY AND BETWEEN TEE CITY OF NATIONAL CITY AND INNOVATIVE CONSTRUCTION CONSULTING SERVICES THIS AGREEMENT is entered into this 15"t day of April, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Innovative Construction Consulting Services, a sole proprietorship (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a general engineering and construction management firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall he performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. $COPE OF SERVICES, The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constnictability reviews, and community outreach. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith 1 City's Mandan! Agreement-2011 revising -1- and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT, Sean E. Gill, Owner, thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND P4YMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $1,000,000 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORD. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 15, 2014. The duration of this Agreement is for the period of April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through April 14, 2017. 2 City's StandaniAgreanent-2011 revision -2- 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld, The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY' S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT C9Nj'RACJOR,. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 3 c'ty's'S1antkai green ent2o11 revision -3- 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANTS agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City bncinFtss license prior to and during performance of any work pursuant to this Agreement. 1 I. J JCENSE5. PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT. is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 4 City's Standard Agreement ment —2011 revision -4- 13. tON-pISCRIMINATIQN PROVISIQrjs. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisionsof this non-discrimination clause. 14. CONFIDENTIAL INFORMATION, The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality, or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of This condition, pursuant to the provisions of Section 14. 1S. INDEMMIICIalQN,41411 HOLD HARMES5. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 5 City'sStandard Ageeme t 2oi1revision -5- 16. WORKRS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and aginat all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. El If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CTTY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 6 City's Standard Agreement-2Ol i revision -6- G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non_ admitted surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and _approved by the CITY' S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. L All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMJNATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the 7 Gigs StaadarclAgnmarent —2011 revision -7- CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail. (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail. facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 8 atr's Standard Agreement —2011 revision -s- To CONSULTANT: Sean E. Gill Owner Innovative Construction Consulting Services P.C. Box 6211 Norco, CA 92860 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by'letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PR, ,VATUNG WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited. to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9 City's Standard Agreement —2011 xesisian -9- 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5.00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. .Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 10 -10- City's Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney JNNOVATWWE. CONSTRUCTION CONSULTING SERVICES 11 -11- City's Standard A ment-2O1► revision Part 1— Required Documentation Cover Letter February 24, 2014 Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 Subject: On -Call Project Support Service for National City's Capital Improvement Program (CIP) Dear Mr. Manganiello, Innovative Construction Consulting Services (ICCS) understands the complexity and challenges of Public Works construction projects. The high visibility of capital improvement projects, along with potential political, budgetary, scheduling and public outreach challenges can cause a much -needed project to be delayed, costing public agencies and tax payers thousands of dollars. As a result, ICCS provides municipal agencies with construction managers and inspectors who thoroughly understand the entire capital improvement process from design, budget and financing, preparation of bid specifications, construction practices, scheduling, final inspections and closeout. ICCS has a team of individuals who pride themselves in providing a high level of service on Public Works projects. In addition, ICCS has a pending audit review for DBE and SBE State Certification. A young and innovative company founded in 2009, JCCS brings leadership, enthusiasm and knowledge, including my past 30 years of experience in the industry, to your organization. ICCS brings the following qualifications that set us apart from other firms: Use of State -of -the -Art Technology and a Focus on Training. We pride ourselves in utilizing the latest technology to assist in the successful completion of Public Works projects. We constantly monitor and explore industry technology and needs, seek ways to expand our level of customer service and support, and seek creative individuals to strengthen our existing team. All of these elements combine to assure you that your projects will be done accurately, efficiently, and in keeping with all industry standards. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 1-2 -12- Part I — Required Documentation • Valuable Contractor and Public Agency Perspectives. ICCS provides a dual perspective with experience from both contractor and agency, which allows us to foresee and resolve dispute situations before they occur. In addition to our experience, our team has worked for and with municipal Public Works Departments, City Manager's Office, Finance Department, and private construction management. ICCS has experience throughout Southern California, Including San Diego. J have had the privilege to work personally with the City of National City over the past two years, providing construction management and inspection on the Citywide Safe Routes to School, Phase Ili - Pedestrian Crossing Project and the Citywide Pedestrian Crossings FY 12-13 Project. During this time, I gained knowledge of the inner workings, expectations and needs of the city, its residents and businesses. Because of my understanding of the project types, city structure, staff, and relationships previously formed, ICCS has a unique ability to assist National City on future projects with little or no downtime for transition, as well as to provide a quicker response to challenges that may arise. This integration would ease the burden of National City's staff everyday duties knowing that projects are being managed with the highest level of care and commitment. 1 am also well aware of National City's policies and procedures, including the high standards set for quality control and quality assurance. Experience gained working with National City has helped me identify needs and opportunities that would allow ICCS to come together with National City and work successfully with one another. National City will receive my direct attention and oversight to all of your needs. I enjoy working with the staff at National City and I know our skills and experience complement the projects and tasks planned in the City's current 5-Year CIP program. I look forward to continued success and representing National City with the most efficient and effective services available. ICCS is committed to opening an office within the San Diego Region in the next year to further expand customer support and commitment. If you have any questions, please feel free to contact me at 951-532-6483 or send me an email at sgill@iccsinc.net. Sincerely, Sean Gill On -Call Project Support Services for National City's Capital Improvement Program (CIP) 1-3 -13- Part 1— Required Documentation Contact Information The key element to success is to know who to contact in case of an emergency or for any other needs that arise. Sean E Gill is the sole owner of ICCS and should be contacted directly 24 hours a day, 7 days a week if anything is needed. I also have staff located minutes away from National City who will respond, with boots on the ground, if an immediate response is needed. I am dedicated to serving the needs of National City at all times. Legal Name Company Legal Name: ICCS (Innovative Construction Consulting Services) Company Legal Status (corporation, partnership, sole proprietor etc.): Sole Proprietor Business Address: PO Box 6211, Norco, CA 92860 Telephone Number: (951) 532-6483 Email Address:sgillPiccsinc.net Contact person in reference to this SOQ: Sean E Gill Telephone Number: (951) 532-6483 Home Number: (951) 278-3717 Email Address: sgill@iccsinc.net In the event of an emergency: Name of contact during non -business hours: Sean E Gill - Owner Telephone Number: (951) 532-6483 Home Number: (951) 278-3717 Email Address: spill@iccsinc.net As a Construction Management firm our office is mobile and our team member/representative will be on site for any project serviced. As with past National City projects, the City Hall building should be utilized for all project meetings. As stated in our cover letter, ICCS is committed to opening an office in the San Diego region in the next year to further expand our customer support and commitment. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 1-6 -14- Part 2 — Team Organization and Key Personnel Staffing J Roles and Responsibilities Plan ICCS has a small multi -disciplinary team of highly qualified professionals that are dedicated to meeting the needs of National City. As the Owner of the company, Sean Gill will be on site regularly or as needed depending on task order requirements and qualifications needed on site. The following is a list of key individuals proposed to National City: Name f Roles and Responsibilities Licenses/Certifications Sean Gill (Owner) • Construction Manager • As -Needed Construction Inspector • SWPPP Inspector • CPM Schedule & Review • Constructability Review • Submittal Review • Cost Feasibility Studies/Review • Bid Proposal Review • Purchasing & Contract Scopes • Construction Inspector Roger Oreb • SWPPP Inspector • Field Interviews "A" General Engineering License & C27 — State of California #671810 Registered Construction inspector Years of Experience 30+ 16+ Briana Noonan Jessica Chin Resumes • Asst. Project Manager • Construction Inspector • Community Outreach • Program Management OP Administration • Field Interviews • Certified Payroll Review • Assisting w%Sewer System Financial Management • Water Quality/NPDES Compliance & Regulatory Development • Certified Payroll Review • Community Outreach Civil Engineer Master's in Public Administration Project Management Certification Resumes of our ICCS team are included on the following pages. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-1 7+ 10+ -15- Part 2 — Team Organization and Key Personnel Sean Gill Construction Management/Inspection Services Professional Summary Sean has more than 30 years of construction management, engineering, and project management experience for a broad range of civil engineering projects involving roads, sewer, water, storm drain, dry utilities, bridge widening, grade separation, water reservoir, sewer lift 1 e 30+ Years of Construction Management, Engineering, and Project Management Experience Project Manager I Construction Manager on 100's of Public Works Projects of all types throughout Southern California, including the San Diego area station, sewer lining, manhole reconstruction, sidewalk, ADA and miscellaneous infrastructure improvements. Sean's experience comes from both the contractor's view point and the owner/owner's rep as he has worked for both. Sean is a high energy, result and goal oriented, highly motivated individual with a proven track record of completing projects on time, under budget with a proactive approach to resolving project matters. He has extensive Primavera scheduling experience with knowledge in cost and resource loading. He is highly experienced in providing claims and conflict resolution, problem solving and decision making as a result and blend of his common sense, creativity, and big -picture views and ideas. When representing Public Agencies, Sean knows what contractors are look for when constructing projects, can provide extensive constructability reviews and provides extensive claims avoidance skills and techniques. Relevant Experience Construction Manager/Contract Inspector, City of National City, CA Provide third party consultant services for Construction Management and Inspection related services for multiple Safe Route to School projects consisting of asphalt paving, curb & gutter, sidewalk, ADA, traffic signage and striping, and other various public improvements. Provide all aspects of CM and Inspection from project pre - construction through close-out. Work closely with City Engineer and communicate with other city staff during construction. Complete all necessary administrative paperwork to satisfy federal funding reimbursement requirements after close-out. Provide community outreach and coordination, submittal review, contract conflict/resolution, evaluation and issuance of ail change orders, dispute/claims resolution and resolve and coordinate any design conflict as needed. Program Manager/Construction Manager, County of Los Angeles, CA Provide third party Program Management and Construction Management services for LA County DPW on all Marina del Rey projects. Projects range from waterline improvements, to various street improvements. Services include pre -design input and plan review, constructability reviews, plan take -offs and cost estimates, assisting with necessary paperwork during pre -construction, construction and close-out phases, including creating and monitoring a master schedule of all projects within Marina del Rey. Evaluate cost changes during construction and provide oversight/assistance and recommendations to Inspection staff during construction activities as needed. Construction Contracts Administrator, City of Riverside, CA As Construction Contracts Administrator, Sean managed more than $300 million in CIP construction projects as well as reviewing and issuing more than 15,000 construction permits. Helped implement CDBG and rubberized asphalt grant funded programs. Managed, directed, planned, supervised and reviewed all aspects of public works inspection, both private and public. Reviewed private plans, issued permits, developed bond requirements/values, capital improvement budgets, preliminary project schedules, project scope, reviewed technical data, contractor schedules, plans and specifications and provided field technical data to inspection staff. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-2 -16- Part 2 — Team Organization and Key Personnel Sean Gill - Relevant Experience (cont'dj Construction Manager/Estimator, Southern California For more than 22 years, Sean worked with various contractors throughout Southern California providing Construction Management and Estimating duties on Public Works projects of all types and sizes including mass grading, underground improvements, wet and dry utilities, surface Improvements, landscape and irrigation, construction of a Hydro Pneumatic Pump Station, Sewer Lift Stations, reservoir tanks, masonry improvements, and several multi -million dollar capital improvement projects. Partial Project List • MontclairTransportation Center$4.5M Placentia's Sports Park Complex, $8.7M • City of Cypress, Lincoln Ave. Beaut. $2.SM • Disneyland Parking Improvements • Hawthorne Blvd, Beautification Imp. $2M • Long Beach Shoreline Drive $4M • Long Beach Queensway Bay $19M • City of Los Angeles Wilshire Miracle Mile Improvements $6.5M • La Brea Tar Pits\Historical May Co. $1.8N1 • Diamond Bar Sports Park Complex $6M • Pomona Sports Park $1.2M • Corona Metrolink Centers at La Sierra and Surface Club • Hyundai Motor America proving ground $23M • Citywide Pedestrian Crossing FY 12-13, National City Citywide Safe Routes to School Ph. III, National City • City of Riverside CIP - 2008 - $130M • City of Riverside Citywide Annual Sidewalk Rehabilitation Project (2007 — 2009) Education & Certification • Cal Poly Pomona, Mathematics Major • Cal Poly Pomona, Construction Management Certification • Cal Poly Pomona, Advanced Construction Management Certification (In Progress) • Cal Poly Pomona, Construction Business Management Certification • Primavera Trained and Certified with 20 years' experience • CMAA—pending on -Call Project Support Services for National City's Capital Improvement Program (CI?) 2-3 Admiralty Way St.. Imp., LACDPW • City of Riverside Citywide Annual Pavement Rehabilitation Project (2007 — 2009) • Monroe Street Improvement Project • Misc. St Rehab. at Various locations 07-08 Green point Ave. Sidewalk Project • Evergreen Cemetery Curb & Gutter, Sidewalk, Street Rehabilitation • City of Riverside Safe Pathways to School Project • Jurupa Grade Separation, Riverside • La Sierra Bridge Overpass/91 Freeway • Central Ave. Street Improvements, Phase II • Riverside Downtown Mall Renovation Improvements { City of Riverside Citywide Annual Sidewalk Rehabilitation Project (07 — 09) • Riverside Citywide Annual Wheelchair Ramp Replacement Project (07-09) • MdR infrastructure Program, LACDPW Admiralty Way Settlement Repair Project, LACDP • "A" General Engineering and C-27 License — State of California CSLB • AQMD Rule 403 Dust Control Program Certificate • CPESC/BMPTrained • Confined Space Entry/SCBATrained • Supervisor Workplace Safety Trained • HASWOPER 40 Hour and 8 Hour Supervisor Trained a -17- Part 2 — Team Organization and Key Personnel Roger Oreb Construction Inspection Professional Summary Roger Oreb brings more than 16 years of experience in public works 16+ Years of Public Works Construction inspection ■ American Construction Inspectors Association -Registered Construction Inspector in Engineering and Public Works inspection methods, construction equipment and techniques, soil and material properties, safety and traffic control procedures and Caltrans standard specifications. He is responsible for performing inspections, and interpreting and enforcing complex engineering plans, specifications, and estimates. He regularly enforces contract provisions, orders and analyzes material tests, recommends progress payments, prepares diaries and progress reports, and coordinates the work of contract inspectors and special inspectors. His experience includes inspection of components such as earthwork operations which includes grading, trench and structural excavations, backfill and all appurtenant shoring and bracing for trenching operations, construction and rehabilitation of street improvements, pavements, storm drainage systems, pump stations, landscaping, parking lots, traffic signals and underground utilities. Roger also performs verification and inspection of the contractor's implementation of the Storm Water Pollution Prevention Program (SWPPP). Relevant Experience On -call Capital Improvement Project Inspection, City of San Clemente, CA Inspector for the construction of various capital improvement program projects throughout the City of San Clemente. Inspector of record for $20M+ in Capital Improvement Projects during the span of 2005-2012 fiscal years. Conducted inspections of curb and gutter, sidewalks, ADA-compliant ramps, driveway approaches, CBGB, CIP, and street work including: ARHM, lime treated sub -grade, striping, traffic loops, SWPPP and traffic control. Additional work included inspection of traffic signal work, street light work for concrete foundations and wiring, and inspection of dry utilities installations. Roger worked closely with City Engineers and the Design Department for seven years providing field inspection and assistance on several projects and produced daily reports, conducted wage interviews, maintained a file for material delivery tickets and verified pay quantities. On -call Capital Improvement Project inspection, City of Irvine, CA COP Public Works Inspector as a consultant to the City of Irvine and was responsible for construction of various Capital Improvements Projects; including storm drain/sewer diversion projects, ADA compliance projects, street light/signal upgrades, asphalt roadway, slurry, striping and sidewalk improvements projects. Produce daily reports, maintained project files and verified pay quantities. Education and License/Certification • Associate of Arts in Water Technology • Associate of Arts in Waste Water Treatment and disposal Associate of Arts in Business Associate of Arts in General and Liberal Studies Division of the State Architect, Assistant Project Inspector San Diego Safety Council, Traffic Control & Flagger Safety American Construction Inspectors Association, Registered Construction Inspector in Engineering and Publics Works American Concrete Institute, Concrete Field Testing Technician Grade 1 Nuclear Density Gauge, Soils and Asphalt Class 111 Water Distribution Certification through the California Health Department On -Call Project Support Services for National City's Capital Improvement Program (CIP) 24 -18- Part 2 — Team Organization and Key Personnel Briana Noonan Community Outreach/Construction Inspection Professional Summary Briana Noonan, graduate from the University of New Hampshire in Civil Engineering also served In the New Hampshire Air National Guard for 8 years where she developed her communication and engineering skills. During the past 10 years, Briana expanded her construction knowledge and experience in the private sector through various positions in the Business Development and Engineering and Inspection fields and volunteers her free time to Engineers Without Borders. Briana has excellent organizational skills, excels in Community Outreach and can provide Project Management and Construction Inspection support. Relevant Experience Field Inspector/Contract Administrator, Bureau Veritas, San Diego, CA For the past three years Briana has gained extensive field experience on a variety of projects throughout Southern California by providing Field Inspection on the following projects: Ivanpah Solar Electric Generating Facility located in the Mojave Desert, the City Wide Safe Routes to School Project for National City and the Sunrise Powerlink with SDG&E. lvanpah included nightly inspections of all of the construction throughout the jobsite, including work performed by the electricians, pipe fitters, ironworkers, insulation, boilermakers and general maintenance and coordinating with the foreman of each discipline. National City and SDG&E required observing and monitoring daily grading activities, removal of existing infrastructure, placement of concrete curb & gutter, asphalt, sidewalk, miscellaneous electrical work and signage and striping. Maintained field quantities and reported any issues to the Construction Manager. She facilitated meetings with the client, contractor, school administration and local residents as needed. Her exposure to such diverse projects has excelled her experience level In a very short time. Business Development Associate, MacDonald -Bedford, San Diego, CA Responsible for Business Development and Marketing in the western region. Successfully submitted several proposals to various Federal Agencies induding Naval Facilities Engineering Command and the United States Army Corps of Engineers. Attended conferences and networking events to develop relationships with potential partners and clients while maintaining relationships with existing partners and clients. Responsible for targeting potential leads, pursuits and proposals. Bachelor of Science in Civil Engineering • Excellent Communication skills • Registered Engineer in Training Project/Field Engineer, Various Locations Provided civil engineering technical support on various Capital Improvement projects to verify scope, and prepare RFP's at various military installations. Participated in site visits to military installations to meet with the end user and gather the necessary information required to complete RFP's. Reviewed dvil engineering plans for accuracy, coordinated with the design engineer requests for information, coordinated with the military base utility office to locate underground utilities and provide oversight of surveyors, demolition contractor, underground contractors for sewer, water, storm, gas, electric utilities and monitored grading inspections. Surveyed building pads and gravity fed utility trenches, designed drainage and grading plans, concrete structures for foundations and slabs in coordination with utilities and dvil infrastructure. Gathered data for topography, property lines, foundation setting, and existing conditions. Performed geotechnical studies and analyzed soils layers. Education & Registration • Bachelor of Science in Civil Engineering; University of New Hampshire On -Call Project Support Services for National City's Capital improvement Program (CiP) 2-5 • Registered Engineer in Training • Secret Security Clearance -19- Part 2 — Team Organization and Key Personnel Jessica Chin Project Finance, Environmental Regulatory Development and Compliance Professional Summary Jessica Chin has 10 years of project financing, budgeting, community outreach, and environmental regulation development and compliance. / ■ Master's in Public Administration Team Leader US Environmental Protection Agency — Water Quality Standards Certification Federal Emergency Management Agency — Floodplain She has worked in the City Manager's Office, Finance Department and Public Works Department, with responsibilities of municipal performance metrics, program outreach, community liaison, and preparation and implementation of the municipal operating and capital budgets. In addition, led NPDES MS4 permit negotiations for the largest municipality in the permit area, developed and implemented TMDL compliance requirements for multiple TMDL impairments, negotiated the statewide construction permit and oversaw implementation and compliance of the $5.5M NPDES MS4 program, including staff training, facility and project compliance and reporting. Relevant Experience Environmental Compliance (Storm water, Wastewater, FOG, regulatory permitting, compliance monitoring, inspections and reporting) —City of Riverside, CA As the primary contact for the City of Riverside's $5.5M storm water pollution prevention program she led the City's involvement with multiple Total Maximum Daily Load (TMDL) requirements, pathogen and nutrient impairments in various watersheds, including negotiation of compliance requirements and assurance that all compliance monitoring, inspections, and reporting requirements were met. As the City's lead negotiator for the current Municipal Separate Storm and Sewer System (MS4) permit, she represented the largest municipality in the permit area, excluding the unincorporated county, and advocated municipal needs and challenges that were not priorities to other types of agencies. She was strongly involved with the California Storm water Quality Association's (CASQA) analysis and negotiation for the statewide Construction Permit, led task groups and provided an analysis of compliance feasibility and preparing CASQA comments. Finance Management — City of Rockville, MD and City of Riverside, CA Jessica prepared the detailed budgets for both a $64M citywide operating and $275M capital budget. Having received specialized training in capital project financing and budgeting, became a budget reviewer for the Government Finance Officers' Association. After initiating a program audit, she identified opportunities and implemented the changes to realize a 60% ongoing increase in enterprise revenue. Diligent about contract compliance, she ensured that annual allocation of contract tasks met both regulatory compliance and contractually agreed cost limits, reducing member agency cost expenditures over 40%. She administered the annual citywide cost allocation and user fees program and implemented the first increase in sewer rates and fees in nearly twenty years. Implementation of new sewer rates and fees required cross -department coordination to adjust sewer billing rates for nearly 100,000 customers. Project Management — City of Rockville, MD and City of Riverside, CA Current with innovation and advancement in new technology, Jessica was responsible for evaluating and implementing new software programs, such as work and asset management software ($3.5M value) and permit management software ($100,000 value) and coordinating with the various departments for pre -implementation and upgrade testing, user issue resolution, and recommendations. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-6 -20- Part 2 -- Team Organization and Key Personnel Relevant Experience (cont'd) Community Outreach — City of Rockville, MD and City of Riverside, CA At the City of Rockville Jessica represented the City Manager's Office at neighborhood meetings 'and as the facilitator for community and staff outreach projects. She met with neighborhood liaisons and community groups to communicate the status of City projects, respond to questions and concerns, and provide follow-up. Similarly, at the City of Riverside, Jessica led public outreach and communication for Public Works construction projects cumulatively costing over $IDDM, including, public notice distributions, primary response to public inquiries and comments via phone, email and public meetings. Education & Certification • Water Quality Standards Certification - US Environmental Protection Agency • Floodplain Management Administration Certification - Federal Emergency Management Agency • Project Management Certification - University of California, Riverside • Master's Degree in Public Administration - University of Kansas • Bachelor's Degree Political Science with a Minor in Public Policy - University of California, Los Angeles On -Call Project Support Services for National City's Capital Improvement Program (CIP) 2-7 -21- Part 2 — Team Organization and Key Personnel Organizational Chart The organizational chart below depicts the diversity of the ]CCS team and numerous roles each individual can offer to National City saving time money with minimal staffing. Sean Gill Chnitruct ti ri ;p6ttrir'; Sean Gill Roger Oreb Briana Noonan hid ItitirsaI;Seri i Sean Gill Roger Oreb Briana Noonan Jessica Chin ICCS' goal is to provide Construction Management and inspection Services while integrating the additional services proposed, can save the City time and money before construction begins. On -Call Project Support Services for National City's Capital Improvement Program MCIR) 2-8 -22- Part 3 — Experience and Technical Competence List of Disciplines and General Services Proposed ICCS has reviewed the Request for Qualifications for the On -Cali Project Support Service for National City's Capital improvement Program (CIP) and is pleased to submit and request consideration for the following disciplines/Scope of Services; Construction Management & Inspections • Community Outreach • Contract Management (Including QA/QC, value engineering, assistance with bid preparation and review, response to RFI's, construction support and preparation of record drawings) a Project Management • Constructability Reviews • ADA and Universal Design - Compliance and Inspections • Federal Audit Preparation • Utility Coordination (including Rule 20A & Joint Trench) • CPM Scheduling and Review • Certified Payroll • Environmental Compliance (Storm water, Wastewater, FOG and HAZMAT — regulatory permitting, compliance monitoring, inspections and reporting) • Sewer System Management (Financial Administration, including Annual Sewer User Billing and Tax Roll Preparation) Based on the projects identified in the RFQ and listed on the National City website under the Capital Improvement Program 2013-2017, ICCS is confident in the ability to provide Construction Management and Inspection services to 40% of the projects proposed for Park & Recreation and 14% of projects proposed for infrastructure. In addition, our team can work closely with City staff and/or consultants to assist in a variety of other services identified above. Reviewing plans and specifications prior to bid and working with engineers during design will increase our ability to save National City money and reduce public inconvenience during construction. For most disciplines and general services proposed, ICCS identifies an overlap of service and skills. One perfect example of this overlap is the task of obtaining signed Right -of -Entry agreements from residents during design, which we consider as a part of Community Outreach. During past projects for National City, our Construction Manager has gone to the residents after regular business hours to obtain signatures on those agreements. Since the CM is familiar with the project design and understands the need for the entry agreement, who better to meet with the residents to explain the improvements coming forth and gaining that personal trust early on. This level of service exceeds what the people of National City anticipate, and from our experience is greatly appreciated. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 3-1 -23- 10:111117 Part 3 — Experience and Technical Competence Disciplines and General Services Matrix Proposed Staffing Sean Gill Roger Oreb Briana Noonan Jessica Chin ✓ ✓ ✓ Disciplines and General Services E 0 ✓ ✓ ✓ ✓ ✓ V ✓ ✓ ✓ V As shown in the matrix above, the diversification of our team allows us to perform multiple disciplines and services with minimal staff. Our team takes pride in knowing they have the ability to multi -task, providing efficient and effective work product. On -Call Project Support Services for National City's Capital Improvement Program (CIP) 3-2 -24- Innovative Construction'Consul ing Services P.O. Box 6211 Norco CA. 92860 Phone (951) 532-6483 s '(i iccsincnet Asst. Project Manager Project Manager Construction Manager SWPPP Review Sr. Scheduler Administration Analyst Certified Payroll Renew Contract Administrator Word Processor Deposition Court Appearance NATIONAL Cm SCHEDULE OF RATES & FEES Effective January 1, 2014 Professional Services Per Hour $106 PW Inspector (Prevailing Wage) $147 PW Inspector (PW) - Overtime $147 Inspector (Std. Rate) $125 Inspector (Std. Rate) - Overtime $130 St Inspector $92 Sr. Inspector - Overtime $90 Specialty Inspector $145 Specialty Inspector - Overtime $75 SWPPP Monitoring/Inspection Litigation Support Services $220/Hr., 4 Hour Min. $250/Hr., $1,000 Min. $119 $158 $109 $146 $127 $167 $135 $177 $112 Rates listed above include all necessary resources labor, equipment, materials, incidental reports and related calculations, and transportation required to provide project services proposed. Ali rates are based on a 4 hour minimum for each work day. If any additional services are required, please request the classification and a rate can be calculated for those services. Construction & Project Management i inspection I Claim Processing/Analysis I CPM Scheduling i Time Impact Analysis 1'S4VPPP Preparation I Car true ability Reviews -25- Les Amass Metropolitssi p�� One Plana 213.922.2metromet Tel ih� Los Angeles, CA 9coaao-xg� rnetro.net etro CALIFORNIA FORNIA UNIFIED CERTIFICATION PROGRAM March 12, 2014 Mr. Sean E. Gill innovative Canafruclfan Consulting Sonless P.O. Box 5211 Noroo,Celfiomia 92860 CUCP M89B Metro File # 57 RE; Disadvantaged Business Enterprise Certification Deer Mr. Sean E. eft We are pleased to advise you that alter careful review of your application and supporting documentation, the Los Angeles County Metropolibm Transportation Authority (Metro) has determined that your firm meets the eliglblfty standards to be certified as a Disadvantaged Business Enterprise (DBE) as required under the U.S. Department of Transportation (U.S. DOT) Regulation 49 CFR Part 28, as amended. This certification will be recognized by all of the U.S. DOT recipients in Celtfomla. Your firm will be listed in the Caiikenle Unified Certification Program - (CUCP) database of certified DBEs under the fallowing specific areas of expertise that you have Identified on the NAICS codes form of the application package: b1AiCS {28 pmacriptlon 237310 Highway, Sty and Bridge Construcilon (Construction Management) 237110 Water and Sewer Line and Related Structures Construction (Construction Management) Your DBE certification applies only for the above codes. You may review your firm's information in the CUCP DBE database which can be accessed at the CUCP's website at wyw.califorajaucp.org, Any additions and revisions must be submitted to Metro for review and approval. In order to ensure your continued DBE status, you are muired to submit an annual No Change Declaration Form (which will be sent to you) along with supporting documentation. If no changes are noted, then your DBE status remains current. If there are changes, Metro will review to determine continued DBE eligibility. Please note, your DBE status remains in effect unless Metro notifies you otherwise. Should any changes occur that could effect your certification statue prior to receipt of the No Change Declaration Four, such as changes in your firm's name, businesennafting address, ownership, management or control, or failure to meet the applicable business sine standards or personal net worth standard, please notify Metro Immediately. Failure to submit forms and/or change of information will be deemed a failure to cooperate under Section 26.109 of the Regulations. Metro reserve the right to withdraw this certification B of any time it is determined that it was knowingly obtained by false, misleading, or Incorrect information. Your DBE certification is subject to review at any time. The firm thereby consents to the examination of Is books, records and documents by Metro. Congratulations, and thank you for your irk in the DBE program. Should you have any questions, please contact us at 2'13-9n-2B&_ For Information on Metro contracting opportunities, please visit our website at www:metio.nee. fie n Consultant -- NSW Services Bmr➢Wm*. Cieltisatlim l7 Oa* Ostrom n m,1a®smell$41 +s to Att dq, CAiO0114 41s s,e-site-oeoo Mns41r:aeeo -26- Metro March 12,2014 Los Angles County One Gateway Plaza A orly Las Angeles. CA gools4g¢ �omezz000 Tel Motto File Bd427 Sean E. GUI Inmwativo ronsbrorcUon GAB Sul/ices P.O. Box 0211 tea, California' 02000 Re: Sall Swine** Enterpriee Certification Diu Mr. Sean E. Gip: We are pleased to advise you that after carat Ul review of yaw application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your flrrrr meats the edify standards to be certified as a Smali Business Enterprise (SSE) as required under Metro's SSE Program. Your firm will bested in Metro's SBE database of certified OBEs under the fnitowirg spectlic areas of expertise: MAICS (2007) 237310 237110 Description Highway, Street and Bridge Ctuclian (Construction Management) Water and Steer Line and Related Structures Consbuc0on (Construction Management).- _ Your SBE certification is good for five years from the date of this letter and apples on*t for the above NAICS 2007 codes. My additions and revisions must be submitted to Metro for review end approval. After the five/ear certification period, your entire file will be r W awed in order to ascertain continued SBE aeetllloatlon status. You welt be notified of the pending SBE MMus review and any documentation updates necessary prior to the expiration date. Also, should any changes occur that could affect your certification status prior to refit of the renewal application, such as changes In yourfirm's name, businesaknaiing address, ownership, management or control, or falure to meet the applicable business size standards or personal net worth standard, please notlty Metro immediately. Metro reserves the right to wk idrew tip cerillicahon If at any time it is determined that 1t was knowingly obtained by false, misleading. or incorrect irldfomiattn. Your SSE certification is subjectto review at any time. The firm thereby consents to the examination of iia books, nomads, and documents by Metro. Congratulations, and thank you for your interest in Metro's 813E Program. Should you have any questions, please contact us at21ZI-9220100. For Information on Metro contracting opportunities, plus viitcur of .to at wwwmetrot. I hits Consultant, HSW Service. & Economic Opportunity Department PArdisibi Crillmien a.uaeaa rRIr►rr-:awwm+ ltier-Misfeit4,11a huff Bram �+ riabwrihrlift Mil a for, CA ma Is Alt s*esasaon 1w S11. Q051 -27- A c CERTIFICATE OF LIABILITY INSURANCE DATE(MMOODIYYYY) 0410812014 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 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 Ekno Insurance Services Group Inc. 210 W. Birch St #205 Brea, CA 92821 Llc.# 0E95467 ACT CONNAAME: Jonathan Ekno PHONE .888-569-7220 FAXIAJC.Nab 114-494-8039 E-MAIL ADDRESS: jonathan@eknoinsurance.com INSURERIS) AFFORDING COVERAGE NAIC # , INSURER A: Colony Insurance Company INSURED Sean Gill DBA: Innovative Construction Consultant Services (ICCS) PO Box 6211 Norco, CA 92860 INSURERS: Infinity Auto Insurance INSURER C 4 Scottsdale Insurance INSURER D : Farmers Insurance INSURERS: Hiscox Insurance INSURER F: TIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTRR TYPE OF INSURANCE ADDL INVELWurt SUER POLICY NUMBER POLICY EFF (MMIDDIYYYYI POLICY EXP (1NNJDDA'YYTI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL UABIIJTY Y GL4104965 04/16/2014 _ EACH OCCURRENCE $1,000,000 E TO RENTED PREMISSES a occurrence) $100,000 04/16/2016 MED EXP (Any one person) $ 5,000 CLAIMS-w,DE X OCCUR PERSONAL & AD'/ INJURY S1,000,000 GENERAL AGGREGATE S3,000,000 PRODUCTS-COMPIOP AGO S3,000,000 GEN'LAGGREGATE LIMIT APPUSS PER: X POLICY I— To?, I —LOG $ B AUTOMOBILE }--�- i L LIABILITY ANY AUTO AL ED x X osULED NON -OWNED AUTOS Y 504-42882-1553-001 04115f201404115/2015 COMBINEDfEe SINGLEOGLE UMIT S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Par occident) t PROPERTYDAMAGE (Per accident) $ i C X UMBRELLA LIAR ,.l_ EXCESS LLAB 1 OCCUR CLAIMS -MADE XBS0038581 04/15/2014 EACH OCCURRENCE i 1,000,ODO 04/1512015 AGGREGATE $1,000,000 $ DED I RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETCRJPARTNERIE%ECUTIVE Y!" (MandataryIn EREXCLUDE04 N (Mandalary In NH) If yea, describe under DESCRIPTION OF OPERATIONS below NJA A09470951 04/15/2014 WC STATU- OTH-' TORY LIMITS ER 04/15/2015 E.L. EACH ACCIDENT $1,000,000 ELDIRFASE-EA EMPLOYEE $1,000,000 EL DISEASE- POLICY UMIT S 1,DOD,00D E Professionial Liability (E&O) Y ANE143485614 04/15/2014 04/1512015 Each Occurance- $1,000,000 Aggregate- $1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS i VEHICLES (Attach ACORD 101, AddEionel Remarks Schedule, If more space Is required) City of National City & all related entities, owners, officers, employees, representatives & agents are named as additional insureds on the above mentioned policies TION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950 I SHOULD ANY OF THE ABE DESCRIBEDTHE EXPIRATION DATE S THEREOF, NOTICE CANCELLEDE CDELIVERDIN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jonathan Ekno © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD -26-