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PW 2017 Storm Damage Repairs Engineering AssistanceAGREEMENT FOR PROFESSIONAL SERVICES WITH PARK ENGINEERING, INC. FOR ENGINEERING ASSISTANCE IN CONNECTION WITH THE 2017 STORM DAMAGE REPAIRS This Agreement is made and entered into this of AUALAM , 2018, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PARK ENGINEERING, INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional services are required for inspection services in connection with the 2017 Storm Damage Repair for 21 San Pablo, 80 Upper Toyon, and 70 Irwin; City Project Numbers 11330, 11329, and 11308 respectively; and WHEREAS, the CONTRACTOR is well qualified for and has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Jaemin Park is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide the services outlined in CONTRACTOR'S proposal for "2017 Storm Damage Repair" dated July 26, 2018, marked as Exhibit "A," attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONTRACTOR as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. )-)-3--}-HI w 013IGiNAL 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown in CONTRACTOR'S "Cost Proposal for Construction Inspection Services", included within Exhibit "A" attached and incorporated herein, in a total contract amount not to exceed $74,055.50 Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one year commencing as of August 13, 2018 and ending on August 12, 2019, or on such earlier date when the work shall have been completed. Upon mutual agreement of the parties, and subject to the written approval of the City Manager, the term of this Agreement may be extended for an additional period of up to one(I) year(s). 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the perfonnance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. z 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 3 Except for professional liability insurance and worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or 5 relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: 5 TO CITY's Project Manager: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Bill Guerin Public Works Director 111 Morphew Street San Rafael, CA 94901 Jaemin Park Park Engineering, Inc. 372 Village Square Orinda, CA 94563 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JI SC UTZ, Ci M ger ATTEST: V-`96'� LINDSAY LARA, City Clerk 8 CONTRACTOR By: Name: Jae in Park Title of C rporate Offi r: President And By: c Name: �CfRtkJ Title of Corporate Officer: APPROVED AS TO FORM: let- p ROBERT F. EPSTEIN, City Attorn 1` Exhibit A Statement of Qualifications to Provide City of San Rafael CONSTRUCTION INSPECTION SERVICES FOR THE 2017 STORM DAMAGE REPAIR July 26, 2018 Submitted By.• PARK ENGINEERING 4. July 26, 2018 Submitted By.• PARK ENGINEERING July 26, 2018 Hunter Young, P.E. Senior Civil Engineer City of San Rafael 111 Morphew Street San Rafael, CA 94901 RE: Construction Inspection Services for 2017 Storm Damage Repair Project City Project No. 11308, File No. 16.01.285 Dear Hunter, Park Engineering, Inc. is pleased to submit this proposal to provide construction inspection services for the 2017 Storm Damage Repair Project, multiple locations. We appreciate the opportunity to continue to work with the City on this project. James Beauchamp will be the construction inspector who will support the City on this project. He will provide the day to day construction inspection and perform all the required duties including, preparing daily diary reports, interviewing contractor employees for EEO purposes, measuring quantities, coordinating with the contractor for all aspects of the work including traffic control, utility work, safety, and ensuring contract for acceptance of completed work by the City. As principal in charge, I will provide oversight to the construction inspector as well as provide any other needed support to the City. Our team can meet the challenges anticipated on this project and will ensure that the work is successfully completed in accordance with all local, state and federal regulations. Our team has the necessary technical expertise, as well as soft skills required to complete this project for the City of San Rafael. We have read and will comply with City's sample Professional Service Agreement without changes. Should you have any questions or need additional information, please do not hesitate to contact me. I can be reached at 372 Village Square, Orinda, CA Orinda Office 94563, ipark@park-ens.com and (925) 818-3756. 372 Village Square Orinda, CA 94563 Sincerely, Tel: 925-257-2508 Fax: 925-401-7030 Emeryville Office Jaemin Park, PE 3960 Adeline Street, #3 President Emeryville, CA 94608 Tel: 925-257-2508 Fax 925-401-7030 EXPERIENCE & TECHNICAL COMPETENCE SIMILAR PROJECT EXPERIENCE Park Engineering, Inc. has completed projects of a similar nature for various local and transportation agencies. Our experience is demonstrated by the following projects: Construction Management and Inspection Services - City of San Rafael, Public Works Department, San Rafael, California Description: Park Engineering is currently working with the Public Works Department on various improvement projects. Park Engineering staff have provided construction management / support services for the following projects: 2016/17 Resurfacing Project Park Engineering is currently providing a construction inspector for this roadway improvement project that also includes concrete curb & gutter work with new & improved compliant curb ramps. 2nd Street & Grand Ave Intersection Improvement Project, City of San Rafael, CA - Provided a construction inspector for this traffic signal improvement to this busy intersection with new & improved curb ramps while widening the northbound approach on Grand Ave. The project also upgraded and replaced all the traffic signal components. Client Contact Kevin McGowan, PE Asst. Public Works Director City of San Rafael (415) 485-3389 Contract Value projects range from $30K to $2M Dates of 2013 — Present Services (Park Engineering, Inc.) 2005-2013 (experience of key staff) Key Personnel Steve Patterson, PM/RE Jaemin Park, PM/RE Dave Baker, Inspector Chris Kinser, Inspector Regional Transportation Safety Enhancement Project prepared the City's busy downtown / transit area for the arrival of the SMART train. Work includes traffic signal upgrades and extensive sidewalk & curb ramp improvements. Other projects include: ■ H Street Roadway Improvements ■ 3rd and Union Improvement Project ■ Canal Street Pump Station Repair Project 1309 5th Ave Demo & Parking Lot Construction Terra Linda Pool House Renovation San Pablo Avenue Complete Streets Project, City of San Pablo, California Description: Park Engineering, Inc. is providing construction management services to the City of San Pablo for San Pablo Avenue Complete Streets Project, which is a roadway improvement project including streetscape and pavement rehabilitation. The Project is located along San Pablo Avenue between Rivers Street and Hilltop Drive. The project is to improves San Pablo Avenue for all roadway users by adding Class 2 bike lanes in both directions of travel, constructing sidewalk along the western side of San Pablo (southbound direction) from Rivers Street to Hilltop Drive and from Rivers Street to Lancaster Drive along the eastern side (northbound direction). Two new retaining walls will be constructed from Rivers to Lancaster and a new soil nail wall will be constructed just north of Robert Miller Drive to allow the roadway to be widened sufficiently to accommodate the new facilities for non - motorized roadway use. Additional improvements include storm drains, new Page 1 City of San Rafael Construction Inspection Services for 2017 Storm Damage Repair PROJECT ORGANIZATIION & KEY PERSONNEL electrical, standard and decorative street lighting, new trees and landscaping, and grinding and HMA overlay of majority of the roadway. The project was funded by federal grants funds and local funds for a total combined construction value of $5.3M. The project limits are in both the City of San Pablo and City of Richmond, requiring coordination with both cities. Services Provided: Park Engineering, Inc. is providing the City of San Pablo, construction management services, which includes resident engineering, construction inspection, and materials testing and source inspection. Construction administration includes reporting, documentation and invoicing for federal funding. Also representing the City during Caltrans audits. Client Contact Leck Soungpanya Senior Public Works Inspector (510) 215-3067 lecks@sanpablo.gov Dates of Tawfic Halaby, PE Service Senior Civil Engineer City of Richmond tawfic_halaby@ci.richmond.ca.us Project Value (510) 621-1612 Dates of 2017-2019 Service Jaemin Park, PM/RE Project Value $5.3M construction cost Key Personnel Jaemin Park, PM/RE Mike Johnson, Const. Inspector Chris Kinser, Const. Inspector On -Call Construction Management and Inspection Services - Contra Costa County Public Works Department, Contra Costa County Description: Park Engineering's key personnel provided construction management and inspection for County public works projects through an on-call Construction Management and Inspection contract. The team worked on several federally funded public works as well as privately funded developer projects, such as new subdivision construction and the expansion of PARK'M. :. local roadways and arterial improvements. Projects include: ■ San Pablo and Wildcat Creeks Levee Remediation FEMA mandated levee remediation to raise freeboard to 100 year flood requirements. Work involved installation of sheetpile walls, levee fill, concrete walls, and HMA pavement to raise levee roads. The project required close environmental monitoring and coordination with various entities including East Bay Regional Park District and County Flood Control District. The project was funded by local County funds and State funds. Giaramita Street Rehabilitation Sidewalk replacement and roadway rehabilitation work consisted of sidewalk improvements, curb ramps, curb, gutter, valley gutter, pavement conform, storm drain improvements, slurry seal, signing, and thermoplastic striping. The project was funded by local County funds and federal Block Grant Funds. Bollinger Canyon Bridge over Japonica Creek (Federally Funded), South Dougherty Road Bridge and North Dougherty Road Bridge Multiple concrete roadway bridges, culverts and animal crossings, new signal installation and activation, and traffic control. Widening of existing roadways from two to four lanes with signal and utility upgrades and civil and landscaping reconfigurations. Client Contact Warren Lai, PE Deputy Director Contra Costa County (925) 313-2180 Dates of 2015 to Present Service (Park Engineering, Inc.) 2003-2013 (experience of key staff) Project Value Various, $2M to $25M Fee $500K Key Personnel Jaemin Park, PM/RE Steve Patterson, RE Adele Ho, PM James Beauchamp, RE/Inspector Dave Baker, Inspector Andy Bodo, Inspector Mike Johnson, Inspector Page 3 City of Son Rafael Construction Inspection Services for 2017 Storm Damage Repair PROJECT ORGANIZA MON & KEY PERSONNEL KEY PERSONNEL Park Engineering is a DBE firm that brings an experienced construction inspector, James Beauchamp, to represent the City for this improvement project(s). We specialize in providing construction management and inspection services to public agencies for projects just like this. Our team is knowledgeable of Caltrans, Federal and Greenbook requirements, and has experience completing comparable projects and will meet all the City's Quality Assurance Plan requirements. Jaemin Park, PE will be the Principal in Charge providing oversight and managing Park Engineering resources and ensuring City staff have the qualified personnel they need to successfully complete the project. Jaemin will perform regular check -ins with City staff to ensure satisfied results. Jaemin has over 26 years of experience providing project management, construction management, construction administration, and design of highway, bridge, building and public works infrastructure projects throughout California. He has worked with state, regional and local agencies in the capacity of project principal, project manager, resident engineer, structures representative, construction inspector, project engineer, and design engineer. He has contributed to numerous constructability / bid - ability reviews and value engineering studies, as well as provided claims analysis, mitigation and resolution support to state, regional and local agencies. Jaemin is an expert in federally funded projects including HSIP, CML, HBP, HERR, ARRA, SRTS, NTPP, and TIGER funds. His experience will be beneficial for potential federal restrictions related to FEMA involvement on these walls. James Beauchamp, EIT, will be the Senior Construction Inspector. James has spent over 19 years in the construction industry working as a construction inspector for many Bay Area city and county public works departments and transportation agencies, including Caltrans, BART and VTA. He is proficient in the execution of construction administration and contracts, roadway rehabilitation, retaining wall improvements, utility relocations, as well as construction inspection at the city, state and federal agency levels. James has excellent public relation skills and working with local homeowners. James has extensive experience working with local agencies on federal and local funded projects. WORK PLAN Park Engineering will support the City by providing construction inspection for these retaining wall projects. We will perform all the duties required in the RFP, including, but not limited to the following: Perform all field inspection activities to monitor compliance with the contract plans and specifications. Record all items of work, labor, equipment, materials incorporated, materials tested, traffic control utilized and any other pertinent information in a daily diary for permanent record. • Monitor all field work for contract compliance and document with daily reports and pictures. • Work closely with City staff on project schedule, field progress and issues. • Prepare supporting quantity calculations for work performed, including any contract change orders, and progress pay estimates on a monthly basis. • Maintain and enforce safety awareness for the protection of workers and public • Review all necessary sampling and testing of materials for the project, performed by the Contractor, in accordance with the specifications and ensure that all materials meet the contract requirements. • Attend any progress or public meetings as requested. • Conduct interviews of field personnel for EEO / Labor Compliance monitoring. • Work closely with City Staff on final punchlist and acceptance of the contract work. • Assist City Staff as needed on various project administration tasks. Page 4 City of San Rafael Construction Inspection Services for 2017 Storm Damage Repair PROJECT ORGANIZA MON & KEY PERSONNEL JAMES BEAUCHAMP, EIT, CONSTRUCTION MANAGER / CONSTRUCTION INSPECTOR Years of Experience 19 Education B.S. Civil Engineering, Cal Poly San Luis Obispo, 1999 Certifications and Training Engineer in Training (EIT) #646, Jan -2006 Class 1 Operator —Water Treatment Confined Space Certified Key Qualifications 40 -Hour HazMat Certified Class 2 Operator — Water Distribution James Beauchamp has spent over 19 years in the construction industry working as a construction inspector for Caltrans and other public and transit agencies on public works and highway construction projects. He is proficient in the execution of construction contracts, as well as construction inspection at the city, state and federal levels. His experience includes oversight for projects that include concrete bridges & retaining walls, pipeline, water and sewer, water treatment, roadway and freeway HMA installation, pile driving, new and existing city intersection and streetscape construction/rehabilitation, and utilities. James believes in giving his best to his work, and works diligently to complete projects successfully, on time and within budget. He can work independently with the contractor and as a member of a team to get the project to a successful completion. Representative Project Experience • 2017 Annual and Measure J & L Paving Rehabilitation Project, City of Orinda, CA - $10M James was the Assistant Resident Engineer/Construction Inspector on this citywide pavement rehabilation proejct. The project work consisted of improvements occurring on 65 different streets within the City. Roadway rehabilitation was primarily through Full Depth Reclamation with an HMA overlay, extensive drainage and concrete curb & gutter replacement work. Other work consisted of utility adjustments, replacement of HMA dikes & swales and roadway delineation. The project was locally funded with the use of both City funds and Contra Costa County Measure funds. • On -Call Construction Management and Inspection (Dougherty Valley Development), Contra Costa County, San Ramon, CA James was Resident Engineer for County Public Works on a variety of projects ranging in construction cost between $100,000 and $20,000,000. These were federally funded projects and developer funded projects and consisted of County oversight and inspection of brand new city roadways, traffic signal installations, various types of box culvert construction, concrete box girder bridge construction, parks, schools, storm drain and new utility installations. Some specialty projects included the construction new schools (K-12), high school artificial turf soccer field, and parks. Responsibilities also included overseeing day to day construction activities, supervising both County and consultant inspectors, and coordination with developers, utility companies, local City representatives, and closeout acceptance with the Town of San Ramon and Contra Costa County. • Moraga Road Utility Undergrounding, Sidewalks & Pavement Resurfacing Projects, Town of Moraga, CA - $2.7M James was the Assistant Resident Engineer/Construction Inspector on these three projects for the Town of Moraga that were construction simultaneously. ✓ Utility Undergrounding, $13M A Rule 20A project with PG&E for the Town to convert existing overhead utilities to new underground facilities along one of the main roadways for the Town. Work consisted of extensive daily traffic control for vehicles and pedestrians to perform the installation of new joint trench and utility vault systems. Work performed not only for PG&E, but also AT&T and Comcast relocation to Page 5 City of Son Rafael Construction Inspection Services /or 2017 Storm Damage Repair PROJECT ORGANIZA MON & KEY PERSONNEL underground facilities. Close coordination with utility crews was also necessary for each utility performing their conversion work to underground, while maintaining service to the existing residents along Moraga Road. The project also required coordination with other Town construction projects along Moraga Road and for projects utilizing Moraga Road as their project's detour. ✓ Bicycle & Pedestrian Improvements, $160k A federally funded project to construct about 300 LF of sidewalk to connect two critical side streets along Moraga Road. Project required reconstruction of residential driveways, coordination with the local post office and the Town's concurrent Utility Undergrounding Project. ✓ Resurfacing Project, $800k A federally funded project that will remove and replace the top 3 -inches of existing Moraga Road from St. Mary's Road to Draeger Road. With the majority of the project consisting of only a 2 -lane road, daily one-way traffic control will be required to complete the contract work on one of the Town's busiest roadways. Advance notice and monitoring of traffic control will be critical to the community outreach on the project. Concrete curb ramps, base failure repairs, slurry seal and final pavement delineation will also be a part of the contract work. This project is anticipated to start in early spring of 2017. South Trunk Sewer Line: Forensic Exploration and Rehabilitation, City of Dixon Public Works, Dixon James was the construction inspector for the City of Dixon's $2 million project to excavate and evaluate the reasons their 3- year- old,1 million dollar 42" VCP sewer main was never used. The main was found to have an influx of ground water 10 times over acceptable rates. James was responsible for overseeing the replacement construction of all (30 each at approximately 20' deep) manholes, which were cast in place bases with 60"/84" to 36" pre -cast, T -lock lined segment towers, as well as localized segment linings and pressurized joint grouting. Work was conducted throughout the winter, thereby requiring a massive dewatering effort and SWPPP management. Included in the project was the coordination of all third party individuals (involved with the original construction) interested in observing the excavation, forensics and testing of the original system. James was requested to give a deposition on the forensic results determined from the excavation and removal of the existing system and he participated in the resulting court proceedings as an expert witness for the City of Dixon. Major efforts were conducted to project endangered species on or adjacent to this project. Mokelumne No.3 Aqueduct Seismic Upgrades, East Bay Municipal Utility District (EBMUD), Holt, CA James was a construction inspector for the $30 million seismic upgrading on the No. 3 -10 ft. diameter, above- ground Mokelumne pipeline, which was the largest of three pipelines that transported water from the Pardee Dam across the San Francisco Bay Delta wetlands. James performed field inspections and negotiated pile acceptance for the 60'x 12" steel 'H' pile driving operations to reinforce the existing pile caps, the construction review of the expanding pile caps, as well field support for the installation of new seismic cross bracing and dampener systems. He was also responsible for SWPPP management. Major efforts were conducted to project endangered species on or adjacent to this project. Page 6 City of San Rafael Construction Inspection Services for 0 2017 Storm Damage Repair Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Conttnitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of San Rafael 2. Contract DBE coal: 0% 3. Project Description: Construction Inspection Services for the 2017 Storm Damage Repair W 4. Project Location: San Rafael, California 5. Consultant's Name: Park Engineering, Inc. 6. Prime Certified DBE: I;X 7. Description of Work, Service, or Materials Supplied 8. DBE Certiffcallon Number 9. DBE Contact Information 10. DBE /o Construction Management & Inspection 41711 Park Engineering, Inc. 372 Village Sq., Orinda, CA 100 Local Agency to Complete this Section 11. TOTAL CLAIMED DBE PARTICIPATION 100 % 17. Local Agency Contract Number: 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE Is required. ?"_� 7/26/18 20. Local Agency Representative's Signature 21. Date 12. Preparer's Signature 13. Date Jaemin Park, PE 925.818.3756 22. Local Agency Representative's Name 23. Phone 14. Preparer's Name 15. Phone President 24. Local Agency Representative's Title 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For Individuals with sensory disabilities, this document Is available In alternate formats. For information call (916) 654 6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual EXHBIT 10-Q Discosure of Lobbying Activities Park Engineering does not have any lobbying activities to report Exhibit 10-Q Disclosure of Lobbying Activities DISCLOSURE OF LOBBYING ACTIVITIES CUMPLETE THIS FURM TO DISCLUSE LU1313YINU AU -1 M-1 IES FUMWAN F l U 3I U.J.G. 1351 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a, contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year quarter E loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier , if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program NamelDescription: CFDA Number, if applicable g. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (if individual, lost name, first name, MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheel(s) if necessary) II. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) S actual ❑ planned a. retainer b, one-time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee 8 b. in-kind; specify: nature a deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheets) if necessary) 15. Continuation Sheet(s) attached: Yes No 16. Information requested through this farm is authorized by Title 31 U S C Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or -- entered into This disclosure is required pursuant to 31 U.S.C. Print Name: Jaemin Park, PE 1352 This information will be reported to Congress semiannually and will be available for public inspection. Any Title: President person who fails to file the required disclosure shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure 825.818.3756 6/15/18 Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Page 10-77 LPP 06-02 May 1, 2006 ENGINEERING 372 Village Square Orinda, CA 94563 (925) 257.2508 m 4— m m A vi N Y dJ L a - v N 0 E c a v Q 00 v o L ++ C :3 7 ( E`J m EE .—Q H m L N �= m vi C C m E Q E O u +- O Qo m N m cL 041 t 0 Q U a L — v Q o a E m ,o a� tw U C L .Y L O (n i7 O 'a n 7 U C C 0 QJ v � m H N � Ln vi vi C 0 u � L ON m O O O O L L m O D tLn 0 d O i O a L O LD O + v1 O u d m N m O +n G! Lr1 w fL0 Lri m ao w I m J 'v� m O O tY o0 Ln O a m m -tn a� c uo C C w O Q /+ m {mi H U 7N CC m u m CU 41 Co c tntA E v Zf0 Q vi N Y dJ L a - v N 0 E c a v Q 00 v o L ++ C :3 7 ( E`J m EE .—Q H m L N �= m vi C C m E Q E O u +- O Qo m N m cL 041 t 0 Q U a L — v Q o a E m ,o a� tw U C L .Y L O (n i7 O 'a n 7 U C C 0 QJ v � m H N City of San Rafael Construction Management Services for Grand Avenue Pathway Connector City Project No. 11173; Federal Project No. CML -5043(039) EXHIBIT 10-H (Example 11 Consultant Park Eneineerina. Inc. Contract DIRECT LABOR Classification Name Range Sr. Construction Inspector James Beauchamp NA Sr. Construction Inspector (O.T.) James Beauchamp NA Fringe Benefits Indirect Costs Overhead General and Administrative FEE (Profit) OTHER COSTS Travel Costs Equipment and Supplies (Itemize) Other Direct Costs: (Itemize) Subcontractor Costs (See Fee Schedule) TOTAL COST o. Date July 26, 2018 Actual Hourly Hours Rate Total 560 @ $58.00 $32,480 20 @ $87.00 $1,740 Subtotal Direct Labor Costs $ 34,220 Anticipated Salary Increases $ 0.00 Total Direct Labor Costs $ 34,220 Rate Total 38.77% $ 13,267.09 Total Fringe Benefits $ 13,267.09 36.78% $12,586.12 33.86% $11,586.89 Total Indirect Costs $ 24,173.01 7% $ 2,395.40 $ N/A $ Included Total Other Costs $0.00 $ 74,055.50 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-111 COST PROPOSAL Page 3 of Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. 'Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of federal Reuulations fait 31 - Contract Cost Principles and Procedures 5. 33 Code of I'eder•il Reuulations Pait 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal [Uuulations fart 9904 - COSI ;\ccounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Jaemin Park, PE Title *: President Signature : I Date of Certification (mm/dd/yyyy): Email: ]park@park-eng.com Address: 372 Village Square, Orinda, CA 94563 Phone Number: 925.818.3756 07/26/2018 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Construction Inspection Services Page 3 of 9 January 2018 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shawn Graf Extension: 5347 Contractor Name: Park Engineering, Inc. Contractor's Contact: Jaemin Park Contact's Email: jpark@park-eng.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a elate. b. Email contract (in Word) & attachments to City 8/1/2018 ® SG Atty c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise and comment on draft agreement 8/14/2018 ® LG 2 City Attorney and return to Project Manager 8/14/2018 ® LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Forward at least two originals of final agreement to 3 Project Manager contractor for their signature 4 * Project Manager When necessary, * contractor -signed agreement ® N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval CONTINUE ROUTING PROCESS WITH HARD COPY PRINT 5 Project Manager Forward signed original agreements to City ❑ Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed % �! agreement 20 % 7 City Attorney Review and approve insurance in PINS and, and bonds (for Public Works Contracts) l n I 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and ?i2 1 _ 1 forwards copies to Project Manager p /� -3- T�f � �;