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HomeMy WebLinkAboutCO 2025-101 - Onward EngineeringPSA with professional liability insurance (Design) Page 1 Last Revised: 01/11/2018 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 20 day of August, 2025, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and Onward Engineering, a California Corporation (“Consultant”). RECITALS A. City has heretofore issued its request for proposals to perform the following design professional services: Inspection Services for Haven Avenue Overcrossing Fencing Project (“the Project”). B. Consultant has submitted a proposal to perform the professional services described in Recital “A”, above, necessary to complete the Project. C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein. D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1.Consultant’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and design professional services described in Recitals “A” and “B” above, including, but not limited to Inspection Services for Haven Avenue Overcrossing Fencing Project, all as more fully set forth in the Consultant’s proposal, dated July 31, 2025 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a ! "          City of Rancho C ucamonga CONTRACT NUMBER 2025-101 PSA with professional liability insurance (Design) Page 2 Last Revised: 01/11/2018 revision or revisions to Consultant’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s City Manager without amendment. 1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, Exhibit “A” 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be one (1) year and shall become effective as of the date of the mutual execution by way of both parties ’ signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of three (3) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $10,400 (Ten thousand four hundred dollars), including all out of pocket expenses, unless additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City ! "          PSA with professional liability insurance (Design) Page 3 Last Revised: 01/11/2018 shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City’s representative shall be Marlena Perez, Principal Engineer, or such other person as designated in writing by the City (“City Representative”). It shall be Consultant’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Muhammad Ataya, Vice President is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant’s Representative shall be responsible during the term of this Agreement for directing all activities of Consultant ! "          PSA with professional liability insurance (Design) Page 4 Last Revised: 01/11/2018 and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City. 6. Consultant’s Personnel. 6.1 All Services shall be performed by Consultant or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code. 6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no ! "          PSA with professional liability insurance (Design) Page 5 Last Revised: 01/11/2018 circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes ! "          PSA with professional liability insurance (Design) Page 6 Last Revised: 01/11/2018 on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. 9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant ! "          PSA with professional liability insurance (Design) Page 7 Last Revised: 01/11/2018 shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 Design Professional Services. To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 11.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for which or whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined in California Civil Code § 2782.8(c). The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault. 11.2 Other Indemnities. With respect to claims and liabilities which do not arise in connection with the performance of professional services by a “design professional”, as that term is defined in California Civil Code Section 2782.8(c), including, but not limited to, those claims and liabilities normally covered by commercial general and/or automobile liability insurance, and to the maximum extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Damages”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual for which or whom Consultant shall bear legal liability) in the performance of this Agreement, except to the extent the Damages arise from the active or sole negligence or willful misconduct of any of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the ! "          PSA with professional liability insurance (Design) Page 8 Last Revised: 01/11/2018 Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs as they are actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. . 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant. 11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. (4) Professional Liability insurance in a form approved by the City, having an extended reporting period of not less than ! "          PSA with professional liability insurance (Design) Page 9 Last Revised: 01/11/2018 three (3) years after completion of the Services which shall provide protection against claims of professional negligence arising out of Consultant’s performance of the Services and otherwise complying with all applicable provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and ! "          PSA with professional liability insurance (Design) Page 10 Last Revised: 01/11/2018 agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant’s insurance and shall not contribute with it. (3) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy, required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated ! "          PSA with professional liability insurance (Design) Page 11 Last Revised: 01/11/2018 A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub- subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. ! "          PSA with professional liability insurance (Design) Page 12 Last Revised: 01/11/2018 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: Marlena Perez, Principal Engineer If to Consultant: Onward Engineering 300 South Harbor Boulevard Suite 814 Anaheim, CA 92805 Attn: Muhammad Ataya, Vice President 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. ! "          PSA with professional liability insurance (Design) Page 13 Last Revised: 01/11/2018 17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. ! "          PSA with professional liability insurance (Design) Page 14 Last Revised: 01/11/2018 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Consultant Name: Onward Engineering By: ______________________________ Name Date ______________________________ Title City of Rancho Cucamonga By:________________________________ Name Date _________________________________ Title By: ______________________________ Name Date ______________________________ Title City of Rancho Cucamonga By:________________________________ Name Date _________________________________ Title (two signatures required if corporation) Vice President President Mayor ! "           #    #   #  PSA with professional liability insurance (Design) Page 15 Last Revised: 01/11/2018 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE ! "          design smarter. build better. 300 South Harbor Boulevard Ste. 814, Anaheim, CA 92805 714.533.3050 www.oe-eng.com Lelani B. Gnaster, Assistant Engineer July 31st, 2025 Department of Engineering Services City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 SUBJECT: LETTER PROPOSAL FOR THE HAVEN AVENUE OVERCROSSiNG FENCiNG PROJECT Onward Engineering (OE) is pleased to present this leer proposal for The Haven Avenue Overcrossing Fencing Project. OE has provided the City of Rancho Cucamonga with inspection services for over 12 years. We understand City expectations and our inspectors are familiar with the VPM Software that the City utilizes for reporting. This project intends to install access deterrent fencing at an overcrossing on Haven Avenue. The project is a short 10 working days with work expected to start in September, 2025. Because of this duration, the assigned inspector will depend on the exact start date, but we have pinpointed 3 inspectors who are possibilities for that time-frame. First of all, is Chris Boren. Chris has over 18 years of experience as a construction inspector, including currently providing the City of Rancho Cucamonga with inspection services. Chris will be the primary choice here if the schedule permits. Second is Je Eaton. Currently, Je Eaton is slated for an Overlay Project starting early August. Depending on the Contractor’s schedule, this project may fit within a time when that project is not very active. Finally, we propose Joe Zamarripa. Joe has inspected in the City of Rancho Cucamonga in the past as a substitute. His current assignment is slated to end at the end of August, and his next project will not start until October. Therefore, he should be open for a short-term inspection in September. All three resumes are aached. We feel that this approach and the familiarity of our proposed inspectors makes us an excellent fit on this project. All of our proposed inspectors are familiar with Virtual Project Manager (VPM) and will submit all notes and pictures to VPM. Our fee estimates 80 hours, per the City’s Request for Estimate. CONSTRUCTiON iNSPECTOR 10 working days 8 hours per day = 80 hours 80 hours $130 per hour = $10,400 total I will diligently act as your advocate and as an extension of your sta. If you have any questions or require additional information, please feel free to contact me at (714) 533-3050, or by email at muataya@oe-eng.com. Thank you, Muhammad Ataya, MPA VP & Operations Manager, Onward Engineering On w a r d E n g i n e e r i n g : D e s i g n S m a r t e r . B u i l d B e t t e r . ! "          CHRIS BOREN CONSTRUCTION INSPECTOR 17 YEARS OF EXPERiENCE YYYYYYYYYYYYYYYYYYYYYYY EEEEEEEEEEEEEEEEEEEEEARARARARARARARARARARARARRARARARARARARARARARARARAAASSSSSSSSSSSSSSSSSSSSSSSSS OFOFOFOOFOOFOFOFOFOFOFOFOFOF OF OFOF FOF OOOOOFOFOFOFOFOFOF EXEXEXEXEXEXEXEXEXEXEXEXEXEXXEXEXEXEXEXEXEXEXEXXPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPRRRRRRRRRRRRRRRRRRRRRRRiiiiiiiiiiiiiiiiiiiiiiENENENENENENENENENENENENENENNENENENEENENENENENECECECECECECECECECECECECECECECECCECECCECECECECECEC FiELDS OF EXPERTiSE: ROADWAY ADA RAMP PAVEMENT DRAINAGE RESIDENTIAL QUALIFICATIONSQUALIFICATIONSQUALIFICATIONS LEVEL’S I & II: Public Works Inspector • EXPERIENCE: Capital Improvement Projects; Federal Funding; Caltrans Coordination; Nuclear Densometer Work; Encroachment Permits BACKGROUNDBACKGROUNDBACKGROUND Chris is a Construction Inspector at Onward Engineering. He has a variety of certifications and has taken part in multiple training programs over his 17 years of experience. His experience includes a plethora of projects, and he advocates safety and quality at the jobsite. His accuracy and efficiency in the field ensure a successful project. Chris’ work will always include making sure that the contractor is efficient with his time and acting in the best interest of the City as their advocate in the field. EXPERIENCEEXPERIENCEEXPERIENCE RAMONA AVE. STORM DRAIN AND PAVEMENT REHABILITATION PROJECT,RANCHO CUCAMONGA Chris provided inspection services to the City of Rancho Cucamonga on the Ramona Avenue Storm Drain & Pavement Rehabilitation project. The project limits were from Foothill Boulevard to South of the Pacific Electrical Trail. The project included the installation of approximately 1,000 LF of 60” RCP, construction of 3 manhole structures, installation of 2 laterals and catch basins, as well as a junction structure. 19TH ST. HELLMAN AVE. PAVEMENT REHABILITATION, RANCHO CUCAMONGA Chris provided inspection services to the City of Rancho Cucamonga on the 19th St. Hellman Avenue Pavement Rehabilitation project. The project limits were from Haven Avenue to West City Limit, and Hellman Avenue from Baseline Road to 19th Street. The project included a Grind and Asphalt Rubber Hot Mix (ARHM) overlay, adjustments to manholes, water valves, and gas valves. It also included the installation of traffic loops, traffic signs, striping, and traffic signal video detection. In addition, the project called for traffic control for the duration of the project. HERMOSA AVENUE PAVEMENT REHABILITATION, RANCHO CUCAMONGA Chris provided inspection services to the City of Rancho Cucamonga on the Hermosa Avenue Pavement Rehabilitation project. The project limits were from Main Street to Arrow Route. The project included an Asphalt Rubber Hot Mix (ARHM) overlay, asphalt concrete pavement, cold plane, adjusting manholes, and water valve covers. It also included installing traffic signal detector loops at Hermosa and Arrow, and another set of traffic signal detector loops at Feron Blvd. and Hermosa Ave. This project also required extensive traffic control. BRISTOW PARK NEIGHBORHOOD REHABILITATION PROJECT, COMMERCE Chris provided inspection services on this CDBG-funded project roadway project in the City of Commerce. The Bristow Park Neighborhood Rehabilitation Project was constricted by the I-5 Freeway to the north, BNSF Railroad to the south, the City of Los Angeles Boundary to the west and the 710 Freeway to the east. The project covered approximately 4,900 LF of roadway. During the design phase a cost-benefit analysis was conducted to provide the RESUMES The Haven Avenue Overcrossing Fencing Project for The City of Rancho Cucamonga 2 ! "          City with multiple rehabilitation alternatives, including conventional full-depth reconstruction, Asphalt Rubber Aggregate Membrane (ARAM), Asphalt Rubber Hot Mix (ARHM), Inter-layer Systems and Cold-In-Place Recycling (CIR)/ Full Depth Reclamation. Multiple design coordination meetings were additionally held between the City, OE and other stakeholders during design to ensure the most complete design possible. A combination of full-depth reclamation and reconstruction and Grind & Overlay was the selected rehabilitation method. Construction also included replacing damaged sidewalk, installing 25 new ramps and upgrading 13 more to meet ADA compliance, reconstruction of cross- gutters, and replacing street signs, trimming tree roots and installing barriers. RESIDENTIAL AREA 1B & ARTERIAL ZONE 7 ROAD MAINTENANCE PROJECT, DIAMOND BAR Chris was the Inspector in the City of Diamond Bar. Areas 1B and Zone 7 consisted of 8.9 miles of residential streets, 1.3 miles of collector streets, and 2.5 miles of arterial roadways. For the annual project OE was tasked with providing a design for rehabilitating the streets in a manner that meets the City’s tight budget. Each street was individually inspected to determine the most cost effective remedy. The scope of work entailed 29,000 SY of chip seal, type II slurry seal, 5,235 tons of AC overlay, 210,000 SF of cold milling the existing pavement to a variable-depth of 6’ from the edge of the gutter, removal and replacement of 2,249 tons of AC pavement, adjusting 127 manhole frames and covers, and 147 water & gas valve covers, and installing 6 traffic loop detectors. Furthermore, an elementary school was within the project limits, which made scheduling and phasing for both the pavement and striping operations essential in order to provide safety and accessibility from beginning and end of the school day. CRENSHAW BLVD. & LOMITA BLVD. INTERSECTION IMPROVEMENT PROJECT, LOMITA Chris provided inspection Services for this arterial roadway and intersection rehabilitation project in the Cities of Lomita and Torrance. As a joint agency project, it required extensive coordination with both the City of Lomita and Torrance in order to ensure success of the project. The project limits spanned 1,300 LF on Crenshaw Boulevard to the north and south of Lomita Blvd., and 2,900 LF on Lomita Blvd. from Crenshaw Blvd. to Narbonne Avenue. The construction included 4,800 tons of ARHM overlay, 1,500 tons of AC base paving, field identification and reconstruction of failed pavement areas, PCC curb ramp, sidewalk and curb and gutter replacements, traffic signal modifications including the installation of a new video detection system and the rewiring of the intersections, and roadway signing and striping improvements. The project also included chairing and presenting at a community coordination meeting in order to disseminate project information. In addition, the project required working with the Contractor and the City to negotiate field quantity reductions and change orders which created a large amount of project savings on the job. ROSINI & ROSEWOOD REHABILITATION PROJECT-PHASE I, COMMERCE Chris provided inspection services to the City of Commerce on the Rosini & Rosewood Neighborhood Roadway Rehabilitation project. This politically-sensitive residential reconstruction project took place just south of I-5 and north of heavily traveled Washington Boulevard. During the design, a thorough pavement investigation was conducted, which included an inventory of potential parkway improvements which were prioritized to ensure maximum utilization of the City’s available budget. Our team presented several options to the City with a cost-benefit analysis. This heavily deteriorated roadway was reconstructed utilizing Full-Depth Reclamation, 14” of roadway was excavated, and a 10” section was treated with cement. The construction entailed replacing curb and gutter and sidewalk, as well as ensuring that ramps met ADA standards. LOCAL STREET PAVEMENT REHABILITATION & SLURRY SEAL, RANCHO CUCAMONGA Chris provided construction inspection services to the City of Rancho Cucamonga on the Local Street Pavement Rehabilitation Project. This project required an overlay of various streets in the City of Rancho Cucamonga. The scope of work included a Type II Slurry Seal, routing, with rubberized and AC crack filling, weed abatement, the installation of plastic thermo markings, and striping. The work was done on an area of approximately 625,371 SY. RESUMES The Haven Avenue Overcrossing Fencing Project for The City of Rancho Cucamonga 3 ! "          JEFFREY EATON, QSP CONSTRUCTiON iNSPECTOR 35 YEARS OF EXPERiENCE YYYYYYYYYYYYYYYYYYYYY EEEEEEEEEEEEEEEEEEEEARARARARARARARARARARARAAARARARARARARARARARAAASSSSSSSSSSSSSSSSSSSSSSS OFOFOFOOOOFOFOFOFOFOFOFOFOF OF OFOFOFOFOFOOOFOFOF OF OFOFOOF EXEXEXEXEXEXEXEXEXEXEXEXEXEXXEXEXEXEXEXEXEXEXEXXPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPRRRRRRRRRRRRRRRRRRRRRRRiiiiiiiiiiiiiiiiiiiiiENENENENENENENENENENENENENENNENENENENENENENENEECECECECECECECECECECECECECECECECCECECECECECECECEC FiELDS OF EXPERTiSE: ROADWAY WATER BRIDGE PARK RESIDENTIAL QUALIFICATIONSQUALIFICATIONSQUALIFICATIONS QSP Qualified SWPPP Practitioner •35 YRS. PUBLiC WORKS CONSTRUCTiON The County of Orange • AS: CONSTRUCTiON MANAGEMENT Santiago Canyon College •3 YRS. STUDY & COMPUTER SCiENCE California State University, Fullerton, ‘01-’04 BACKGROUNDBACKGROUNDBACKGROUND Jeffrey Eaton is a long-time experienced and motivated construction inspector, having acquired successful employment with many reputable companies. Jeffrey has also recently obtained an AS degree in Construction Management from Santiago Canyon College. Jeffrey has accumulated 35 years of experience in public works construction for the County of Orange alone, with 11+ years of that in serving as a construction inspector for County Capital Improvement Projects, which called for encroachment permits, subdivisions, job order contracts, and Caltrans projects. Jeffrey has recently come out of retirement, having last served as a Senior Construction Inspector with a current certificate for Qualified SWPPP Practitioner (QSP). In his previous experience involving public works projects, Jeffrey was involved in/responsible for testing and inspecting construction materials, performing geotechnical investigations, and pavement design and rehabilitation. EXPERIENCEEXPERIENCEEXPERIENCE BEMiS ELEMENTARY SAFE ROUTES TO SCHOOL IMPROVEMENT PROJECT (CiTY PROJECT NO. 240805), RiALTO Jerey provided Construction Inspection services to the City of Rialto on the Bemis Elementary Safe Routes to School Improvement Project with the purpose of enhancing pedestrian safety and accessibility for students, as well as the surrounding community. The project involved the construction of curb ramps, sidewalks, driveways, parkway improvements, and signing and striping across multiple corridors, including: • Acacia Avenue between Victoria Street & Valencia Street • Eucalyptus Avenue between Victoria Street & Madrona Street • Etiwanda Avenue between Acacia Avenue & Pepper Avenue • Holly Street & Primrose Avenue intersection • Madrona Street between Eucalyptus Avenue & Pepper Avenue • Valencia Street between Acacia Avenue & Primrose Avenue • Van Koevering Street between Acacia Avenue & Pepper Avenue • Victoria Street between Acacia Avenue & Pepper Avenue The work required proactive coordination and diligent oversight, compliance with contract specifications, City standards, and project timelines, which was critical to ensuring timely completion before the start of the new school year. PAVEMENT ANALYSiS & iNVESTiGATiONS, SANTA ANA Jeffrey provided construction inspection services and supervised engineering technicians in the process of performing pavement analysis and investigations in the City of Santa Ana. Additional work for Jeffrey included performing the pavement analysis using ground penetrating radar and a falling weight deflectometer, and the design RESUMES The Haven Avenue Overcrossing Fencing Project for The City of Rancho Cucamonga 4 ! "          work for overlay thicknesses for the County’s resurfacing projects. Jeffrey also reviewed plans and specifications for The County Public Works Projects in which he wrote geotechnical and materials reports for the County geotechnical engineer, in which involved design work requiring compliance to The County Standard Plans and Greenbook Specifications. Further design work included traffic control plans using the MUTCD, and further geotechnical investigations involved field techniques such as drilling, site reconnaissance, and visual inspection. Lastly, Jeffrey assisted the geotechnical engineer and engineering geologist in inspecting the Seven Oaks Dam periodically, lending a geotechnical engineer point of view. ROADWAY REHABiLiTATiON DOCUMENTATiON & DRAFT REPORTiNG, SANTA ANA Jeffrey was tasked with evaluating and analyzing designed road structural sections for rehabilitation, writing Materials Reports for geotechnical projects, subdivisions, and arterial highways, and writing street rehabilitation reports for County and City road projects. This included reports on strategies for rehabilitation, along with mapping removals and replacements, including measuring quantities. Jeffrey was also involved in the design and implementation of various computer applications and drafting boring logs, project exhibits, and maps. RiGHT-OF-WAY AND PROPERTY PERMiTS iNSPECTiON, ORANGE COUNTY Jeffrey provided construction inspection services on public works construction projects involving work in The County of Orange Right-of-Way and County Property Permits. This included inspecting various permits for homeowners, utility companies, developers, and businesses. Jeffrey also reviewed engineering plans for permit construction, which required the use of the County’s CPP system. Jeffrey further inspected the subdivision work, which included curb and gutter, sidewalk, paving, storm drain, catch basins, landscaping, grading, and utility installment. Jeffrey also performed grading inspections in subdivision construction for private property projects, which included inspecting mass grading in subdivision, retaining walls, and building foundations, along with reviewing certificates of compliance from engineers and contractors, and reviewing grading plans and geotechnical reports. Jeffrey made sure to perform the daily entries into the department’s APPS system. OSO PARKWAY BRiDGE AT SR-241 CALTRANS PROJECT, ORANGE COUNTY Jeffrey served as the Lead Construction Inspector on Oso Parkway Bridge at SR 241 Caltrans Project. The project involved the inspection of temporary traffic control, paving, grading, storm drain, traffic signals, striping, post construction BMP’s, temporary BMP’s, a concrete barrier, The Midwest Guardrail System, overhead sign structures, roadside signs, toll road booth structure removal, toll plaza construction (with jointed plane concrete pavement), bridge pile driving, temporary soil nail shoring, bridge abutment, and a bridge approach slab. Jeffrey additionally assisted the structure inspector for a bridge construction inspection. Other tasks Jeffrey performed included writing daily inspection reports, preparing weekly statement of working days, preparing monthly progress payments, and reviewing submittals and RFI’s, along with reviewiing extra work bills, and maintaining a professional working relationship with the Resident Engineer, Structure Inspector, Caltrans Permit Coordinator, Transportation Corridor Agency, Design Engineer, and the general public. OCPW CAPiTAL iMPROVEMENT PROJECTS, ORANGE COUNTY Jeffrey provided construction inspection services on Capital Improvement Projects for County of Orange Public Works (OCPW) on work that included arterial highway construction, storm drain construction, slurry seal, asphalt concrete overlay, landscaping, flood control construction, and structural concrete. Part of Jeffrey’s tasks required the review of plans, special provisions, and estimates for various types of projects, writing contract change orders, preparing progress payments with quantity calculations, reviewing contract submittals and RFI’s, reviewing extra work bills, preparing weekly statement of working days, and producing daily inspection reports. Jeffrey also conducted preconstruction meetings and weekly progress meetings, along with inspecting Job Order Contracting maintenance projects, and performing NPDES compliance inspections on all projects. DANA POiNT HARBOR DREDGiNG PROJECT, DANA POiNT Jeffrey provided construction inspection services as the Lead inspector on the Dana Point Harbor Dredging Project in the City of Dana Point. The project required inspection work on dredging within Dana Point Harbor, the installation and removal of temporary pipeline from the harbor to Capistrano Beach for sediment deposit, the grading of dredged material at Capistrano Beach and Baby Beach (DPH), coordinating with OC Survey on calculating quantities, and inspecting temporary BMP’s. RESUMES The Haven Avenue Overcrossing Fencing Project for The City of Rancho Cucamonga 5 ! "          JOE ZAMARiPPA CONSTRUCTiON iNSPECTOR 30 YEARS OF EXPERiENCE YYYYYYYYYYYYYYYYYYYYY EEEEEEEEEEEEEEEEEEEEARARARARARARARARARARARAAARARARARARARARARARAAASSSSSSSSSSSSSSSSSSSSSSSS OFOFOFOOOOFOFOFOFOFOFOFOFOF OF OFOFOFOFOFOOOFOFOF OF OFOFOOF EXEXEXEXEXEXEXEXEXEXEXEXEXEXXEXEXEXEXEXEXEXEXEXXPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPRRRRRRRRRRRRRRRRRRRRRRRiiiiiiiiiiiiiiiiiiiiiENENENENENENENENENENENENENENNENENENENENENENENEECECECECECECECECECECECECECECECECCECECECECECECECEC FiELDS OF EXPERTiSE: ROADWAY ASPHALT PAVEMENT CALTRANS WIDENING QUALIFICATIONSQUALIFICATIONSQUALIFICATIONS CERTIFIED: Public Works Construction Inspector, Santiago Canyon College BACKGROUNDBACKGROUNDBACKGROUND Joe is a Public Works Inspector with 30 years of experience in construction as an Inspector. His typical duties have included providing daily construction reports, documenting labor and equipment on-site each day and hours worked; measuring, calculating, and recording all construction quantities, and taking work and site photos. Joe’s experience includes projects of all sizes. His accuracy and efficiency in the field ensures a successful and well-documented project, from construction through closeout. His work includes making sure that the jobsite is safe and that the contractor is efficient with his time. EXPERIENCEEXPERIENCEEXPERIENCE LOCAL STREET IMPROVEMENT FOR FY 2023-2024 & 2024-2025, GARDENA Joe provided Construction Inspection services on the Local Streets Improvement, FY2023-24 and 2024-25 Project for the City of Gardena. The project locations comprised of approximately 64 predominantly residential streets consisting of work that included furnishing all labor, materials, tools, equipment, appurtenances and incidentals for the removal and disposal of existing asphalt pavement; placement of ARHM overlay; slurry seal; adjustment of access openings; reconstruction of curb and gutter, sidewalk and cross gutters and ADA curb ramps; removal and installation of trees; and traffic striping and signage and related work in accordance with the Plans and Specifications. The project had a duration life of 60 working days at a budget of approximately $2,998,420.00. MARiNA HiLLS DRiVE PAVEMENT REHABiLiTATiON PROJECT, LAGUNA NiGUEL Joe provided Construction Inspection services for the City of Laguna Niguel on the Marina Hills Drive Rehabilitation Project. The project limits were on Marina Hills Drive and the work entailed grinding and 2” ARHM over 1” AC overlay. Additionally, traffic signal improvements to add video detection on Marina Hills Drive at the Niguel Road and Golden Lantern intersections. Concrete improvements including curb and gutter, ramps, and sidewalks as well as adjusting utilities and striping and signing were required. IMPERiAL HiGHWAY PAVEMENT REHABiLiTATiON FROM VALLEY ViEW AVENUE TO WiCKER DRiVE, LA MiRADA Joe was the Construction Inspector on the Imperial Highway Pavement Rehabilitation Project for the City if La Mirada, from Valley View Avenue to Wicker Drive. This project was federally funded, This project was on Imperial Highway between Valley View Avenue and Wicker Drive. The work entailed AC pavement reconstruction, cold milling, asphalt rubber hot mix overlay, removal and replacement of damaged curb, gutter, and sidewalk. Construction also included adjustment of manholes and water valves, traffic signing, striping, markings LOCAL STREETS REHABiLiTATiON PHASE I (CONCRETE IMPROVEMENTS) ZONE 3, NORWALK Joe served as construction inspector on the Local Streets Rehabilitation Program Phase I (Concrete Improvements) in Zone 3, which is bound by the Union Pacific Railroad to the Northwest, the I-5 Freeway to the Northeast, Imperial RESUMES The Haven Avenue Overcrossing Fencing Project for The City of Rancho Cucamonga 6 ! "          Highway to the South, and Firestone Boulevard to Southwest. The project involves removal and replacement of sidewalk (3,000 SF); curb and gutter (2,600 LF); new and replacement ADA curb ramps (93 ramps and 10 truncated domes); driveway approach repairs (500 SF); cross gutter replacements (29 locations with associated curb ramps); including incidental asphalt work, utility relocations and traffic control. PHASE 6B RESiDENTiAL STREET REHABiLiTATiON PROJECT, LA MIRADA Joe was the Construction Inspector on phase 6B of this Residential Street Rehabilitation Project for the City of La Mirada. The project covered the residential area north of Biola University, bound by Biola Avenue to the west and La Mirada Boulevard to the east, and by Imperial Highway to the north. The work entailed AC pavement reconstruction, cold milling, asphalt rubber hot mix overlay, Type 2 slurry seal, removal and replacement of damaged curb, gutter, cross gutter, sidewalk and curb ramps. Construction also included adjustment of manholes and water valves, traffic signing, striping, markings. VARiOUS STREETS IMPROVEMENT, FY 2020-21 (CIP NO. 881), MONTEBELLO Joe served as construction inspector to the City of Montebello on this project. There are five street segments included in this project. These five segments are (1) Minson Way, from Sycamore Street to the Cul-Du-Sac; (2) Allston Street, from W. City Limit to W. Olympic Boulevard; (3) Medford Street, from Allston Street to 18th Street; (4) Millis Street, from Kensington Way to Medford Street; and (5) Kensington Way, from Olympic Boulevard to Allston Street. The work included variable grind and ARHM overlay, full reconstruction for heavily deteriorated areas, construction of a concrete alley intersection, and PCC improvements covering cross gutters, sidewalk, curb and gutter, driveway approaches, curb ramps, and brick pavers. SLURRY SEAL FOR SANTA GERTRUDES & HiLLSBOROUGH PROJECT (CIP 2021-07), LA MIRADA Joe was the Construction Inspector for the City of La Mirada on the Slurry Seal for Santa Gertrudes and Hillsborough Project (CIP 2021-07). The project limits are on Santa Gertrudes Avenue from Lemon Drive to La Mirada Boulevard (2.4 miles) and on Hillsborough Drive from Alicante Road to Beach Boulevard (0.9 miles). The scope of work includes Type II Slurry Seal as well as digout areas. LOCAL STREETS REHABILITATION PROJECT, NORWALK Joe served as the primary inspector in this Local Streets Rehabilitation Project for the City of Norwalk to rehabilitate multiple street segments within the City. Twenty-one streets with a total of 3.6 centerline miles were included as part of this project. These limits were within the two blocks of Highdale Street between Elaine Avenue and Ibex Avenue and had a PCI rated less than 25 (very poor). The streets were adjacent to Edmondson Elementary School. The replacement of the deteriorated pavement and accessibility ramps was important to improving the safety of the school zone and extending the useful life of the streets. The rehabilitation work involved street repaving which included curb and gutter repairs, slotted cross gutter replacements and pedestrian accessibility ramps at intersection corners to meet current standards. PHASE 3 LOCAL STREETS REHABiLiTATiON (ZONE 24, 27, & 32), NORWALK Joe served as the construction inspector to the City of Norwalk on the 3rd Stage of Construction of the Local Streets Rehabilitation Paving Improvements. The work included three separate City projects (No. 7924-Zone 24. No. 7925-Zone 25, and No. 7926-Zone 32). Stage 1 of this project included concrete improvements, and OE provided CM and Inspection services for Zone 32 of that phase. Stage 3 included a variety of pavement rehabilitation methods including full-depth repair, grind and overlay, and slurry seal for Zones 24, 27, and 32. Twenty-one streets with a total of 3.6 centerline miles were included as part of this project. These limits were within the two blocks of Highdale Street between Elaine Avenue and Ibex Avenue which had a PCI rated less than 25 (very poor). The streets were also adjacent to Edmondson Elementary School, requiring careful coordination with the school. The replacement of the deteriorated pavement and accessibility ramps was important to improving the safety of the school zone and extending the useful life of the streets. The rehabilitation work involved street repaving which included curb and gutter repairs, slotted cross gutter replacements and pedestrian accessibility ramps at intersection corners to meet current standards. RESUMES The Haven Avenue Overcrossing Fencing Project for The City of Rancho Cucamonga 7 ! "          design smarter. build better. TASKS DELIVERABLES FINAL WALK-THROUGH •Certify completion recommendations •IOR red - lines •Contractor red - lines •CM coordination records •Final as-built documentation •Non-compliance notes •Completion recommendations •Final report of completion •Final punch list NON-COMPLIANCE ITEMS AS-BUILTPLANS PUNCH LISTS COMPLETION RECOMMENDATIONS FINALPAYMENT REQUESTS SUBMIT PROJECT FILES •Final project files (per LAPM) •As - built drawings •Construction files •Final payment recommendations •CM payroll review notes •Employee interview forms •Employee interview reports •Preliminary punch list •Final punch list TASKS DELIVERABLES PUBLiC OUTREACH •Discussion notes & dates Actions taken TRAFFiC CONTROL •Traic control notes •Signing & striping inspection CHANGE ORDERS •Change order notes •Change order recommendations •Verify accurate records/quantities •Ensure records back-up •Testing reports/Tracking log review/comments/recommendations SURVEY MONUMENTS •Manage/Track/Report survey •Monument documentation SCHEDULE REViEW & TRACK •Construction schedule updates CONSTRUCTiON iNSPECTiON JOB SAFETY COMPLiANCE •Safety infraction reports LABOR COMPLiANCE •Contractor certified payroll records •CM payroll review notes •Employee interview forms •Employee interview reports WATER QUALiTY SWPPP & BMP’S •Weekly work reports CONSTRUCTiON MANAGEMENT SUBMiTTAL REViEW •Submial log •Stamped submials •Recommendations •Includes City tasks •Review & file daily reports •Working day statement reports Issued weekly •Daily photo diary Raw image files (digital) GEOTECHNiCAL/ MATERiALS TESTiNG TASKS CONSTRUCTABiLiTY REViEW DELIVERABLES •Review/recommendations •Comments in writing DRONE CAPTURE •Image file of existing site conditions RFi COORDiNATiON •RFI response log PRELiMiNARY FiELD WALK •Field notes and photos of existing conditions BiD AWARD SUPPORT •Bid analysis MEETiNGS (Pre-bid, preconstruction, and bi-weekly meetings with inspector) •Meeting minutes •Meeting agenda Available to the City Project Manager via Orange Vest or City CMIS: •DCRs, Photo Diaries, and Ticket Reports •Incident Report •Punchlist •Weekly Statement of Working Days & Weekly Recap Report •Bid Item Sheets & Quantity Reports •RFIs and RFI Log •Submials and Submial Log •CCO and Backup Documentation PROJECT FiLES PHASE CONSTRUCTION2 PHASE POST-CONSTRUCTION3PHASEPRE-CONSTRUCTION1 PHASE 1 PRE-CONSTRUCTION TASKS DELIVERABLES MEETINGS (pre-bid, construction, and weekly progress coordination) •Meeting minutes • Review look-ahead schedule PHASE 2 CONSTRUCTION TASKS DELIVERABLES PROJECT SUMMARY • Overview of completed work •Photos •Upcoming Work • Closures & Restrictions SCHEDULE REVIEW & TRACK • • Construction schedule updates CONSTRUCTION INSPECTION •Review & file daily reports •Working day statement (issued weekly). •Daily photo diary •Raw images files (digital) TRAFFIC CONTROL •Tra ic control notes • Signing & Striping JOB SAFETY COMPLIANCE • Safety Infraction Reports CHANGE ORDERS •Verify accurate records/quantities • Ensure records back-up CONSTRUCTION DOCUMENTATION •Project records PHASE 3 POST-CONSTRUCTION TASKS DELIVERABLES FINAL WALK THROUGH/INSPECTION • Certify completion •recommendations PUNCH LISTS •Preliminary punch list • Final punch list NON-COMPLIANCE ITEMS • Non-compliance notes COMPLETION RECOMMENDATIONS •Completion recommend • Final report of completion • Final punch list SUBMIT PROJECT FILES •Final project files (per LAPM) •Final project report •Construction files CONSTRUCTiON iNSPECTiON SCOPE OF WORKCONSTRUCTiON iNSPECTiON SCOPE OF WORKCONSTRUCTiONiNSPECTiONSCOPEOFWORK SCOPE OF WORK The Haven Avenue Overcrossing Fencing Project for The City of Rancho Cucamonga 8 ! "