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BUTIER ENGINEERING, INC.
A-2019-171 �V/17 ti 1J ® OCT 15 2019AGREEMENT TO PROVIDE CONSTRUCTION ENGINEERING SERVICES p, W q (t ) FOR THE SAN LORENZO SEWAGE LIFT STATION PROJECT THIS AGREEMENT is made and entered into this 1 st day of October, 2019 by and between Butier Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Cit7r'). RECITALS A. On June 14, 2018, the City issued Request for Proposal No. 18-049, by which it sought a contractor to provide construction engineering services for the San Lorenzo Sewage Lift Station Project. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-049. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services that were described in the scope of work that was included in RFP No. 18-049 and that is attached as Exhibit A, and as further delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total sum to be expended tinder the term of this Agreement, including any extension periods, shall not exceed $550,000. This sum is comprised of (1) base amount of $479,572 and (2) an approximate 15% contingency of $70,428 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 8 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2022, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two 1-year periods upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Contractor 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 "tnaintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, slid other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Doculnents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insrred(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurrance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e, The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (it) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. Page 3 of 8 £ If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other poisons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attoriey's fees, for infringement of any United States' lotters patent, trademark, or copyright contained in the work product or doewnents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by Page 4 of 8 law, from the date of final payment to Contractor under this Agreement, All such records and invoices shall be clearly identifiable, Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of lilce importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall riot have''interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana Page 5 of 8 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Mark M. Butler Vice President/Chief Financial Officer Butier Engineering, Inc. 17822 E. 17th Street, Suite 404 Tustin, CA 92780 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the torms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or Page 6 of 8 remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportari ty employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venire for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 7 of 8 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 0 tW+��+.; APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: W68,$V. 7 n M. Funk Assistant City Attorney RECOMMENDED F PROVAL uad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Name: r'- J V—) Title: �-/n -Fo Page 8 of 8 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORT{ CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CONSTRUCTION ENGINEERING SERVICES FOR SAN LORENZO SEWAGE LIFT STATION RFP NO.: 17-115 Introduction and Background: The City desires to engage a professional consultant to perform construction engineering services for the San Lorenzo Sewage Lift Station project. The consultant shall provide three individuals to act as Project Manager (PM), Inspector, and a Contract Administrator (CA), and serve as an extension of City staff to assist in the overall delivery of this project, including pre - construction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and warranty phase. The consultant team will report directly to the City's Construction Manager or his authorized representative, City staff may assist in managing construction and will oversee the work of the Project Manager, Inspector, and Contract Administrator. The estimated constriction cost for the San Lorenzo Sewage Lift Station project is $6 million. The City anticipates advertising construction bids in the early fall 2018, and starting construction by late 2018. Total construction duration for the project is anticipated to be 14 months. Description of Work: The required services by the Project Manager, the Inspector and the Contract Administrator may include the following: The PM shall be a registered engineer in the State of California and shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in sewer lift station construction management. The Inspector and tie Contracts Administrator should have relevant experience in sewer lift station construction management and certifications that affirm the experience. 2. Prior to the start of the project, the PM shall be responsiblo for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub- contractors have a valid City Business License. Once determined, a staff report will need to be generated to recommend the award of a Construction Contract. City of Santa Ana RFP 18-049 Page Al-1 3. The PM shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals"), Shall transmit the Submittals to City staffing for review and approval, and shall establish and implement procedures for expediting the processing and approval of Submittals. 4. Attend pre -construction meeting and schedule and conduct weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes, 5, Shall be responsible for ensuring that all building permits and special permits, if required are obtained and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project. 6. Shall review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress. 7. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component. 8. Monitor the contractor's safety program. Take necessary steps to ensure the job site conditions are in compliance with OSHA regulations. 9. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. 10. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. It. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents, 12. The individuals, Project Manager, Inspector and Contract Administrator, shall City of Santa Ana RFP 18-049 Page Al-2 not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts. 13. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems which may arise. 14. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. 15. Maintain, at the job site, records of contract documonts including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as - built records. 16. Evaluate the completion of the work of the contractor and make recommendations to the City when work is ready for final inspection. Assist the City in conducting final inspections. 17. Facilitate and coordinate inspection by representatives of other agencies. 18. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants. 19. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. 20. Shall monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. 21. The PM shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the City of Santa Ana RFP 18-049 Page Al-3 warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project. City Responsibilities: I. Provide a testing laboratory for special inspection and material testing and other quality assurance program as required by the contract documents. 2. Process progress payments upon receipt of approved payment requests from the resident engineer/inspector. 3. Finnish copies of construction documents, including plans and specifications. 4. Communicate with other consultant to review shop drawings and submittals, respond to requests for information and revise plans if needed. 5. Provide a field office for the Project Manager, the Inspector and the Contract Administrator, 6. Coordinate with the CM and serve as liaison with other City departments Fee Proposal: In addition to Section III.B3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The cost proposal must include the projected staff hours, hourly rates, unit prices and reimbursable expenses for the project, as follows: [I] Itemized estimated breakdown for services for construction engineering services for the duration of construction. The breakdown should include pre -construction services, construction services, and warranty period services. a. Personnel costs -.Itemized to show the following: 1. Personnel by classification/responsibilities, 2. Hourly rate for each classification. 3. Estimated hours for each personnel category. 4. Subtotal cost for each category. 5. Total estimated personnel cost. Page Al-4 6. Include percent breakdown availability for each of the classifications The estimated construction duration stated above is for the purpose of cost estimate only. The length of time requiring Consultant's services will be dependent on the construction progress. For services under this category, the Consultant shall be paid according to hourly rates set forth herewith and the actual hours of service. b. Estimated reimbursable Expenses: 1, Costs of supplies and materials (itemized). 2, Travel - Transportation and per diem or subsistence listed separately, if any. 3. Any other direct charges. 4. Total estimated reimbursable expenses. For services under this category, the Consultant shall be paid according to the rates set forth herewith and the actual reimbursable expenses. c. Subtotal of a and b, [Il] Contingency services for each month after the original construction contract time: Services under this category will be provided when requested by the City, and the Consultant shall be paid according to hourly rates set forth herewith and the actual horns of service. For the purpose of comparison, each proposer shall use the same number of hours: 500 hours for the Project Manager, the Inspector and the Contract Administrator, The subtotal of this category shall be calculated as follows: Proposed Hourly Rate Hours Total Project Manager $ /Hr. 500 Inspector $ /Hr. 500 Contract Administrator $ /Hr. 500 City of Santa Ana RFP 1 B-049 Page At-5 Proposal for RFP No. 18-049 Construction Engineering Services for the San Lorenzo Sewage Lift Station Proposal to Provide Construction Engineering Services for the San Lorenzo Sewage Lift Station p RFP No. 18-049 Due: July 31, 2018 Cnrrstraellon N/arragers, Consulting Engineers SECTION A Cover Letter SECTION B Firm & Team Experlence SECTION C Understanding of Need SECTION D Relevant Project Experience SECTION E References SECTION F Scope of Services and Schedule SECTION 0 Certifications Section A. Cover Leger July 26, 2018 City of Santa Ana Attn: Tyrone Chesanek Public Works Agency 20 Civic Center Plaza 31 Floor Reception, Ross Annex Santa Ana, CA 92701 Subject: RFP No, 18.049—Construction Engineering Services for the San Lorenzo Sewage Lift Station Project Dear Mr, Chesanek; Butler Engineering, Inc. (Butler) is pleased to present five (5) hard copies of Its proposal accompanied by one (1) digital file on a labeled USB Flash Drive for the above stated subject. Per the RFP instructions, we have also provided one (1) hardcopy of our Fee Proposal in a separate envelope. Our submittal is fully responsive to the RFP and Addendum Nos, 1 and 2. The Butier Team offers several distinguishing qualifications and a proven record of performance to the City of Santa Ana. To address the demands of the San Lorenzo Sewage Lift Station Project, we have assembled a team that has provided services on some of the largest waterlwastewater capital improvement projects in Southern California. Contract Agreement Statement We have reviewed the Contract Agreement and concur with any and all provisions as contained in the Agreement attached in the RFP as Attachment 2 in the Appendix. Established Relationship with City of Santa Ana Butler is currently providing CM and inspection services for OCWD's Mid -Basin Injection Project. The project, which is located within the City of Santa Ana's 87-acre Centennial Park, includes the construction of four (4) groundwater Injection wells. Our team is coordinating closely with the City and Santa Ana Unified School District. In addition, Butler performed numerous coordination meetings with the City's Public Works, Building, and Parks & Recreation Departments during the construction of OCWD's Groundwater Storage Program. The Program Included eight (8) wells within the OC groundwater basin, two of which were located in the City of Santa Ana. Team Member Firm Butler and ON -SITE Technical Services, Inc. have a 14-year working relationship on major water capital Improvement projects for Orange County Water District (OCWD), Metropolitan Water District (MWO), West Basin Municipal Water District (WBMWD), and San Diego County Water Authority (SDCWA). Butler and ON -SITE have completed 15 major projects and numerous operation upgrades for SDCWA and WBMWD, The most recent pump station project that was performed as a team was OCWD's $20,5 million Burris Pump Station Project —Phase 2. ON-SITE's domestic and international expertise in the inspection and testing of equipment is unmatched. They conduct quality assurance Inspection services on structural steel, pump stations, recycled water facilities, pipelines, and engineered equipment manufactured at various domestic and international facilities on a daily basis. City of Santa Ana, Public Works Agency Construotlon Engineering Services for the ...;,:, San Lorenzo Sewage Lift Statton, RFP No. 18-049 Unique Team Features • Professional Relationship with the Design Team ---Butler has developed a strong working history with the Designer of Record. Butler and Tetra Teoh—specifically, Mr. Tom Epperson — have nearly 25 years of project history, Our firm has provided CM and Inspection services on several large, multi -phase projects designed by Tetra Tech, including the City of Tustin's Rawlings Reservoir Replacement and City of Anaheim's Nohl Canyon Water Storage Tank projects. In addition, our firms recently worked together on OCWD's Burris Pump Station Project —Phase II. Our long-standing relationship with Tetra Tech and Mr. Epperson will make the development of our management approach more efficient and cost effective. • IT Infrastructure and Project Documentation —Butler will provide a sophisticated IT Infrastructure. This web -based platform allows project information to be disseminated via the internet using Proeere as a cloud -based construction project management software. The program affords the project team with 24/7 visibility into project status and a centralized, comprehensive platform to manage all vital project data. The platform will allow us to create "dashboards" specific to the user. This will allow the City to quickly access the project record for key metrics and provide near real time updates of project progress. • Extensive Experience in the Analysis and Defense of Contractor Clalms—Butter's senior staff has been responsible for the administration and defense of complex construction claims. The firm's focus in water gives us a specific case history that aligns CM practices with the type of issues encountered on projects of this size and complexity. • Local Market Knowledge —The Butler team will provide unmatched cost control and estimating services. The firm's strong relationship with the Southern California construction community allows us to provide market price cost estimates. We also have the ability to survey local contractors on the current market environment. This provides our clients with an assessment of the best time to release a project for bidding. The construction management team will be managed out of Butter's corporate office located at 17822 E, 171h Street, Suite 404; Tustin, CA. We appreciate the opportunity to meet the City's project challenges with our most experienced personnel, and are confident that we have assembled a team that will serve the best interests of all project participants. if you have any questions regarding our proposal, please direct them to me for clarification at (714) 832-7222, Respectfully Yours, BI.ITIER Engireering, Inc. Construction Managers, Consulting En eers Mark M. Butter, Jr. Vice President/CFO fS#'1 p r A, COVER LETTER 0 1 Section B. Firm and Team Experience Butler Engineering, Inc. Butler Engineering Inc.'s focus as a firm is to provide third -party construction management services, a commitment we made to our clients 42 years ago. Butler is a Southern California -based firm that services public agencies, special districts, and the private sector in the delivery of heavy civil Infrastructure. Our project expertise Is in pump stations, small and large diameter pipelines, flow control facilities, water productlon wells, water/wastewater treatment facilities, reservoirs, and water quality laboratories. Representative clients include, but are not limited to, the following: • Chino Basin Desalter Authority • Cities of Tustin, Anaheim, San Juan Capistrano, Newport Beach, Huntington Beach, Carlsbad, Escondido, and Vista ■ County of Orange • East Orange County Municipal Water District • Irvine Ranch Water District • Mesa Water District • Metropolitan Water District of S. California ■ Orange County Sanitation District ■ Orange County Water District • San Bernardino Valley MWD ■ San Diego County Water Authority ■ Santa Margarita Water District • South Coast Water District • South Orange County Wastewater Authority • Water Replenishment District of S. California ■ West Basin Municipal Water District Key Personnel Butler Engineering, Inc.'s team consists of 35 skilled project managers, schedulers, estimators, and inspectors who have successfully managed water/wastewater treatment, storage, and transmission projects throughout Southern California. The Construction Management Team is a key link to a successful project. By having the Butler Team serve the City as a single -source of responsibility, the CM and Inspection activities will be well coordinated and delivered efficiently. In addition to our licensed professional engineers, our field engineering staff possess certifications from the following organizations: ■ American Concrete Institute (Field Testing Technicians) ■ American Welding Society (Certified Welding Inspectors) ■ International Code Council (Reinforced Concrete, Prestressed Concrete, Structural Masonry, Soils, Spray -Applied Fireproofing, Structural Steel And Bolting, Structural Welding, Electrical) • NACE International (Level 1, 2 and 3 Certified Coating Inspectors) • Post Tension Institute (Field Technicians) Approach to Managing Personnel We propose to approach this project with a spirit of partnership, This enables us to combine the knowledge, Ideas, and talents of your staff with our construction administration experience, Our core team will be supplemented by as -needed technical and administrative resources provided by Butler. Butler's CM and inspection responsibilities are handled by the project team member best experienced to provide the needed service. Butler does not assign inspection staff to perform project document controls, rather, inspectors focus on implementing the QAIQC program and reports required to document daily activity. Likewise, all project documentation and controls are the responsibility of the Contract Administrator. All projects have a Project Manager assigned to monitor project field staff performance. Following this formula is critical for the Owner's defense in the event of project claims. It is also more cost efficient by matching staff skills to project needs. The Project Director has full access to teams of civil, mechanical, electrical, and structural engineers, specialty consultants, and inspectors through existing relationships and teaming arrangements with local firms. The CM Team is always vigilant during preconstruction, construction, and close-out to meticulously document project activities and minimize contractor claims. BU TIIE , UOdsmwl.. ffow }e,e, coosulmp CnyMa.m EDUCATION MBA, Finance, University of California, Irvine, Graduate School of Management, 1998 Graduate Studies, Civll Engineering, Caldomla State University at Long Beach B.A., Economics, University of Southern California, 1987 B.A., Social Sciences, University of Southern California, 1987 LICENSES I CERTIFICATIONS General Engineering Contractor, State of California, Class A 716863 Registered Construction Inspector, ACIA: Division I Engineering 5572 YEARS WITH FIRM 31 years AVAILABILITY As -Needed Mark M. Butler, Jr,, Project Director Professional Summary Mr, Butler serves as Vice -President and Chief Financial Officer for Butler Engineering. His primary duties include functioning as the primary point of contact between Butler and its clients; contract management; sub -consultant contract management; maintenance of Butler's project information system; development of the firm's field procedural manuals; and staff resource management. Mr. Butler works closely with the field construction management staff to ensure all contract scope requirements are being fully implemented. Mr. Butler also serves as the firm's contact between the field construction management staff/client and the project public outreach effort, when necessary. He has been responsible for generating, distributing, and presenting to numerous public boards and community associations dealing with the impact of construction activity on the local community. Project Experience Project Director, Mid -Basin Injection: Centennial Park Project; Santa Ana, CA; Orange County Water District (Est. Completion: 201$)—The Mid -Basin Injection project consists of the construction of the following: four groundwater injection wells in below grade vaults; a monitoring well at the Heritage Museum site; a purified recycled water injection supply pipeline approximately 5,000 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,000 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four Injection wells; replacement of approximately 9.6 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with shared City and District uses. Butler is coordinating closely with the City of Santa Ana, Santa Ana Unified School District, Heritage Museum, and state and federal agencies. Project Director, Edinger Avenue Well —Phase 11 Equipping Project; City of Tustin, Public Works (Estimated Completion: 2016; Value: $4,103,650)—Butier is providing construction management and inspection services for the Edinger Avenue Well - Phase 11 Equipping Project. Construction of the building and equipping of the pump includes installation of a 225 LF of 12-inch diameter CML ductile iron pipe discharge water line; connection to 12-inch ductile Iron watermain; installation of 162 LF of 18-inch diameter C-905 drain line; connection to the existing storm drain; placement of new onsite sewer manhole; installation of 76 LF of 8-inch diameter SDR 26 sewer lateral; and connection to existing OCSD sewer manhole. The scope of work also includes the erection of 2,376 SF of CMU block wail with a metal roof building to enclose the well pump, electrical equipment and chlorine room. The project Is part of the City of Tustin's Water Services Division, which is responsible for the production and safe delivery of domestic water to more than 14,100 service connections through approximately 172 miles of water mains, Butler staff coordinated with several agencies including the City of Tustin, City of Santa Ana, and Caltrans. 1, TIER Mark M. Butier, Jr. tarufrrr�alon Aiynenpr3. Cq�13u/nn{(enylnamfa Project Director Owner's Representative, Agua Hadionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer Replacement; Vista, CA; Cities of Vista and Carlsbad (Completion: 2018; Value $64.2 million) —Butler is performing as the Owner's Representative for the construction of the sewer lift station and interceptor sewer reaches. The project begins at the north shore of the Agua Nedionda Lagoon In Carlsbad and extends a distance of 2.3 miles to the Encina Water Pollution Control Facility. Major project components include the following; 1) Removal and replacement of the existing wood trestle sewer support bridge across the lagoon with a new steel support bridge. The existing 42-inch diameter sewer pipe along the bridge will be replaced with a new 54-Inch pipe; 2) Removal and replacement of the existing Agua Hedionda lift station. The new structure will house replacement motors and pumps, as well as new system enhancements including an emergency generator and bypass motors and pumps, an electrical control building, and odor control facilities; and 3) Construction of a new 30-Inch diameterforce main and a new 54-inch diameter gravity sewer line to Increase system capacity and reliability. The force main will provide 4,000 linear feet of high density polyethylene pipe parallel to an existing line and will connect into 7,000 linear feet of new 54-inch diameter gravity sewer to be constructed in Avenida Encinas from Cannon Road to the Encina Water Pollution Control Facility. Project Director, Orange County Groundwater Storage Program; Orange County, CA (Orange County Water District) --The Orange County Groundwater Storage Program consisted of equipping eight (8) municipal water production wells in the cities of Santa Ana, Anaheim, Garden Grove, Westminster, Cypress, Placentia, and Buena Park. The scope of work for the wells Included site work; Installation of deep well turbine pump and motors, electrical and instrumentation work, disinfection facilities, discharge piping and valving, and off-slte piping and vaiving; construction of concrete block buildings, paving, drainage, fencing, and landscaping; and startup, testing, and training. Mr. White coordinated with building officials, City engineers, and public works departments to learn the organization's - operation, discover the hierarchy, and present solutions tailored to each of the agency's needs. Project Director, Burris Pump Station Project —Phase 2; Anaheim, CA; Orange County Water District (Completion: 2016; Value, $20,585,400)— Mr. Butler oversaw the construction management and inspection services team for the Burris Pump Station Project — Phase 2, Phase 1 included the construction of a portion of the building site and an earthen berm. The berm allows the basin to remain in operation during final construction of the wet well and pump station. Phase 2 consisted of the construction of a new 10,000 SF storm water pump station that uses four conventional vertical turbine pumps installed in a circular wet well. The pump station also consists of new mechanical, electrical, and control systems. An Intake pipe was installed on the slope of the embankment, connecting the new pumps to the intake invert. UUT[ER C.A&ftL,[M mpogero, G Agw,h,g krtyww, EDUCATION B.S., Construction Enginaering, Arizona State University, 1977 Graduate Studies, Arizona State University YEARS WITH FIRM 97 years AVAILABILITY 20% Casey Harris Principal -in -Charge/ Senior Scheduler/ Claims Professional Summary Mr. Harris has over 40 years of varied experience as a project/construction manager, resident engineer, and senior scheduler. As the on-site/owner representative for major municipal, public agency, and special district capital improvement projects, Mr. Harris has successfully managed the construction of mufti -million dollar water and wastewater treatment facilities, pipelines, airports, solid waste landfills, water quality laboratories, and ports. Collectively, this project experience represents over $700 million in construction costs. Mr. Harris is an expert CPM scheduler, has established and implemented effective change order control systems, negotiated change orders with design/build contractors, performed routine shop drawing reviews, and resolved contractor claims. As a Senior Scheduler, Mr. Harris conducts pre - construction scheduling meetings with the owner and contractor to discuss the scheduling specification requirements and format. The meeting facilitates timely submittal, review, and approval of the contractor's baseline schedule and helps to reduce the number of resubmittals. Mr. Harris evaluates and monitors the contractor's baseline schedule, weekly look -ahead schedules, and provides monthly schedule updates, time impact analyses (TIAs), schedule revisions, and as -built schedule submittals. He is also responsible for updating the overall project schedule to reflect actual progress and changes. He identifies slippage of contract activities on the critical path, as well as time sequence problems, early on so that the construction management team may take corrective action. Project F-xperlence Senior Scheduler, Mid -Basin Injection: Centennial Park Project; Santa Ana, CA; Orange County Water District (Completion: 2018; Value: $23.2 million) —The Mid -Basin Injection project consists of the construction of the following: four groundwater injection wells in below grade vaults; a monitoring well at the Heritage Museum site; a purified recycled water injection supply pipeline approximately 5,000 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,000 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four Injection wells; replacement of approximately 9,5 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with shared City and District uses. Mr. Burce is coordinating closely with the City of Santa Ana, Santa Ana Unified School District, Heritage Museum, and state and federal agencies. Constructability, Review and Senior Scheduler, Burris Pump Station Project —Phase 2; Anaheim, CA (Orange County Water District) —Mr. Harris performed civil/structural design review for the Burris Pump Station Project —Phase 2 as a part of Butler's construction management agreement with OCWD. The scope of services included report and data review and Phase 2 Design Review at the 75% design stage. Mr. Harris also provided schedule review services under the construction phase of the Burris Pump ®iUTIER fond�nrcrbn Martayocs, Cannulyny £nylnaaYR Casey Harris Principal -In -Charge/ Senior Scheduler/ Claims Station Project, Phase 2 consisted of the construction of a new 10,000 SF storm water pump station that uses four conventional vertical turbine pumps installed In a circular wet well. The pump station also consists of new mechanical, electrical, and control systems. An intake pipe was installed on the slope of the embankment, connecting the new pumps to the Intake invert. Senior Scheduler, Chino II Desalter Concentrate Reduction Facility; Jurupa Valley, CA; Chino Basin Desalter Authority (Completion: 2016— Value: $46.6 million) —Senior Scheduler for the CRF groundwater treatment facility. Both ion exchange (IX) and RO treatment trains are used to treat brackish groundwater from eight wells that also have elevated nitrate concentrations. The project scope included construction of new softening, ciarifieation, filtration, and secondary RO (SRO) treatment and solids dewatering and storage; installation of a now decarbonator; Installation of a new transfer pump with motor with associated VFD and motor controls and discharge piping and valves; installation of new cartridge filters; modification of the existing sulfuric acid chemical system; modification of the existing threshold Inhibitor chemical system; and site modifications, including fencing and gates, yard piping, and storm drain replacement. Senior Scheduler, Carlsbad 50 MGD Seawater Reverse osmosis Desalination Plant and 10-Mile Conveyance Pipeline; Carlsbad, CA; Poseidon Water (Completion: 1212015; Value: $697 miillon)—Mr. Harris provided scheduling services for the new construction of a 50 MGD seawater reverse osmosis desalination plant at the Encina Power Station located in Carlsbad, CA. The scope also included the construction of a 2.5 million gallon product water storage tank; product pump station; and conveyance pipeline to deliver the drinking water produced by the Project to water utilities and municipalities In San Diego County. The 10-mile, 54-inch diameter pipeline was constructed under Interstate 5 Highway and a railroad using a jack and bore tunnel method. Butler staff coordinated closely with the City of Carlsbad, SDCWA, SDG&E, Poseidon and the Coastal Commission during the construction of the tunnel option across Macario Canyon. The pipeline alignment includes over 6,000 feet of tunnels performed by four different tunneling subcontractors. One of the tunnels Is over 1,700 linear feet, 30 feet below sea level, and required a vertical shaft over 80 feet in height. Senior SchedularlRisk Analysis, Groundwater Reliability Improvement Program (GRIP) Advanced Water Treatment Facility Project; Water Replenishment District of Southern California (Value: $too million) —Mr. Harris is providing scheduling and risk analysis services as a part of GHD's Owner's Agent/Owner's Engineer team for the GRIP Advanced Water Treatment Facility Project. As a part of the GRIP Program, an advanced water treatment facility is being constructed to purify 10,000 acre feet (3.25 billion gallons) of tertiary treated (recycled) water annually. The GRIP AWTF is being built on a 5.2 acre property in the City of Pico Rivera, adjacent to the San Gabriel Rfver. The GRIP AWTF will include the following treatment processes; automatic strainer; microfiltration (MF) and reverse osmosis (RO) followed by ultraviolet advanced oxidation (UVAO); cartridgefiltration; decarbonation; and pH adjustment/corrosivity stabilization. BUTIER Consvac�lon Manngara, Cgneultlnp &ngnrosrx EDUCATION M.B.A. and M,S., Finance, University of Denver, Colorado, 2010 B.S., Civil Engineering, University of Nebraska, Lincoln, 2003 LICENSES I CERTIFICATION$ Registered Professional Engineer (Civil), State of California, No. 71736 SOFTWARE PROFICIENCY AutoCAD Land Desktop Development Agtek 3-D Modeling HEC-HMS Storm CAD Flcwmaster A.E.S. (California Hydrology Program) WSPG (California Hydraulic Modeling Program) YEARS WITH FIRM 6 years AVAILABILITY 60% Kyle Morghelm, P.E. Project Manager Professional Summary Mr. Kyle Morgheim is a professional engineer with over 15 years of comprehensive experience in civil engineering and project and construction management, including resource allocation and cost / schedule management of major projects. He has extensive experience In providing PM and CM services for water / wastewater treatment facilities, pump stations, reservoirs, pipelines, transportation, and land development projects from design through construction phases. Mr. Morghoim has strong decision -making, leadership, communication, and technical skills. He is extremely focused on identifying potential problem areas, minimizing Issues, and formulating and executing competent solutions. His project management responsibilities typically include coordinating with agencies and stakeholders; scheduling; preparing and reviewing cost estimates; managing the construction project field office and personnel; full contract administration; leading project meetings; responding to contractor correspondence; negotiating and recommending monthly progress payments; maintaining a daily diary of events; preparing monthly project status reports; and monitoring as -built drawings. Project Experience Assistant Resident Engineer, Rawlings Reservoir Repair and Replacement; Tustin, CA; City of Tustin (Completion: 2013; Value: $12.5 million) —The City's former 4 MG hopper bottom reservoir was taken out of service due to its age and deteriorating condition. After its decommissioning, the City proceeded with the design of two 3.0 MG prestressed circular concrete tanks to replace the reservoir. Prior to bidding, Butier assisted the City with solving construction access and temporary shoring issues. The project originally required the construction of a tie -back retaining wall, which would have extended the project Into an adjacent property. At the City's direction, Butier performed a constructability, review and proposed using a cantilevered shoring system, which would keep the project within the City's property line. In addition, Butier assisted the City in obtaining a temporary construction easement from the adjacent landowner to the north. Use of this undeveloped property provided the Project team with an access road down to the bottom of the tank elevation, as well as laydown and stockpiling areas. Resident Engineer, Chino Desalter Phase 3 Expansion Project; Norco, CA (Chino Basin Desalter Authority) —The Chino Desalter Phase 3 Expansion Project Included the drilling of six (6) additional wells, new raw water and product water pipelines, and expansion of the Chino Desalter's treatment facilities. The scope of the Expansion increased desalter groundwater pumping from the lower Chino Basin to 40,000 acre-feet per year (AF/yr) and provides at least 10 MGD of additional product water capacity. The treatment processes include reverse osmosls (RC), Ion exchange (IC), and air stripping. 1RUTIER C.n.M, wMl .gm, tens klq knpnosrs Kyle Morghelm, P.E. Project Manager Resident Engineer, Millikon 1010 Zone Pump Station; Chino, CA; Chino Basin Desalter Authority (Completion: 2014; Value: $1.3 million) —The scope of work includes the following potable water Improvements: construction of a ventilated CMU Pump Station,198 LF of 16-Inch discharge piping and interconnection to an existing 30-inch transmission line, and 24-inch suction piping and interconnection to an existing 24-inch transmission line; installation of 3 vertical turbine pumps and associated piping, fittings, valves, appurtenances, electrical instrumentation, and controls; and site improvements, including grading and paving and restoration of existing improvements. Technical Advisor, Moffett Drive and Park Avenue Roadway Extension Project; City of Tustin, Public Works (Completion: 2016; Value: $14.5 million) —Mr. Morgheim provided construction management services for the Moffett Drive and Park Avenue Extension Roadway Project. The project included the removal and compaction of 250,000 CY of removal and compaction of soil; 275,000 SF of subgrade preparation and street fine grading; and 4,000 LF of reinforced concrete box storm drain. The project also includes the construction of street improvements, paving, utility installation, signing, traffic installation, landscaping, and irrigation. Approximately 15,000 CY of concrete was used to construct the reinforced concrete box storm drain, which includes lateral storm drains with catch basins. Major dewatering efforts and shoring under the Jamboree Bridge at Moffett Drive presented significant challenges that Butler coordinated with success, Technical Advisor, Peter's Canyon Channel and Moffett Drive Bridge Construction and Street improvements Project; City of Tustin, Public Works (Estimated Completion: 2018)—Mr. Morgheim is providing construction management services for the Peter's Canyon Channel and Moffett Drive Bridge Construction and Street Improvements Project. The scope of work consists of removing the existing bridge and constructing a single span cast -in -place concrete box girder bridge approximately 108 feet in length and 73.25 feet In width. The work also includes an architectural steel arch on each side of the bridge. In addition to the construction of bridge, the work shall include, but not limited to construction of barriers, sidewalks, wing - walls, foundation, railings, structure excavation, backfill, drainage, and bridge lighting. The channel work includes demolition, widening, and relining approximately 5,000 feet of the existing channel within the Cities of Tustin and Irvine. The channel scope of work also includes construction of new storm drain lines, extension of existing storm drain lines, and road undercrossings. Technical Support, Armstrong Avenue & Warner Avenue Extension Phase 2 Street Improvements, City of Tustin (Completion 2015; Value $13.2 million) --Mr. Morgheim provided technical support services for the Armstrong/Wamer Ave. Extension Phase 2 project. The scope of work included roadway Improvements, traffic signals, landscape, dry utility, waterline, and reclaimed water and sewer line construction on the following streets: Armstrong Avenue Extension from Warner Avenue to Barranca Parkway and Warner Avenue Extension from Red Hill Avenue to Tustin Ranch Road. 1IJTIER dunsUastioa Manipms, Gantalthp knglnoarR EDUCATION M.S., Construotlon Management, University of Southern California, Los Angeles, California, 2003 B.S., Civil Engineering, California State Polytechnic University - Pomona, California, 1.995 LICENSES / CERTIFICATIONS Professional Civil Engineer: California (CE59405) AFFILIATIONS Project Management Institute Building Industry Association, Orange County Chapter Urban Land Institute YEARS WITH FIRM 3 years AVAILABILITY As-Noeded Vladimir Burce, P.E. Technical Advisor Professional Summary Mr. Burce is a registered civil engineer with over 23 years of professional experience in project and construction management, including planning, design, resource allocation, and cost/schedule management of major projects. He has extensive experience in providing PM and CM services for water/wastewater treatment facilities, wells, pump stations, storm water detention I retention systems, transportation, parking structures, industrial, educational, residential, and land development projects during the design and construction phases. Mr. Burce has diverse project experience in public works and real estate development. This background provides him with an In-depth understanding of civil engineering disciplines. His professional responsibilities have ranged from feasibility study, geotechnieai, civil design, complex drainage design and regulatory requirements, technical specifications development and preparation of bid documents, design/construotability review, schedule preparation, field Implementation and supervision, and construction management. Relevant Experience Resident Engineer, Mid -Basin Injection: Centennial Park Project; Santa Ana, CA; Orange County Water District (Completion: 2018; Value: $23.2 million) —The Mid -Basin Injection project consists of the construction of the following: four groundwater injection wells in below grade vaults; a monitoring well at the Heritage Museum site; a purified recycled water injection supply pipeline approximately 5,000 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,000 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four injection wells; replacement of approximately 9.6 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with Shared City and District uses. Mr. Burce is coordinating closely with the City of Santa Ana, Santa Ana Unified School District, Heritage Museum, and state and federal agencies. Resident Engineer, Chino II Well Field Equipping of Raw Water Wells Nos. I1-10 and 11.11; Eastvale and Ontario, CA; (Chino Basin Desalter Authority (Completion: 2017; Value: $3.8 million) —Mr. Burce provided resident engineering services for Well Nos. II-10 and II-11. Well II-10 is located on CDA property in the City of Eastvale within Riverside County, Well II-11 (Lot "A") is located on CDA property in the City of Ontario within San Bernardino County. The scope of work included equipping of two water wells Including, but not limited to, the following: construction of 16'8" W x 41'4"L x 16"H reinforced masonry block building; installation of 3,300 gpm vertical turbine stainless steel pumping unit and 600 hp premium efficiency motor, 16-Inch diameter epoxy lined steel discharge header pipe, 12-Inch diameter PUMP to waste piping, 16-inch diameter flow meter, site pressure piping and tubing, valves, taps and Corp stops, pressure gages, 16-Inch diameter C905 PVC underground discharge pipeline, and connection to existing 24-inch HUTIER C"S"Ittm Wwlwt s, Cnnpulting,Enylwnrn Vladimir Burce, P.E. Technical Advisor diameter discharge pipeline; and on- and off -site electrical, including power, control, lighting, underground electrical duct, instrumentation equipment and panels, switchgear, VFD and motor control center equipment, and installation of SCADA equipment, The project Included close coordination with the City of Ontario, City of Eastvale, County of San Bernardino County Flood Control District, Southern California Edison, and local businesses and residents, Resident Engineer, Chino Desalter Reliability Project; Chino, CA; Chino Basin Desalter Authority (Completion: October 2017; Value: $3.8 million) —Butler provided CM and Inspection services for the Chino I Reliability Project located at the existing Chino I Desalter. The project scope included the following: new building built on to the existing Chino I Desalter facility; new RO train tied Into the existing feed water, permeate, concentrate, and CIP piping manifolds; modification of the existing sulfuric acid chemical system by replacing two existing metering pumps and furnishing and installing two metering pumps; trench overflow constructed and connected below the air gap that conveys water to the brine line; slurry seal all existing and new asphalt surfaces; coating of the exterior of the existing process building to match the new process building exterior coating system; and coating of all existing trenches, Construction Manager, Chino II Desalter Concentrate Reduction Facility; Jurupa Valley, CA; Chino Basin Desalter Authority (Completion, 2016—Value: $46.6 million) —Butler provided CM and inspection services for the CRF groundwater treatment facility. Both Ion exchange (IX) and RO treatment trains are used to treat brackish groundwater from eight wells that also have elevated nitrate concentrations. The project scope Included construction of new softening, clarification, filtration, and secondary RO (SRO) treatment and solids dewatering and storage; installation of a new decarbonator; installation of a new transfer pump with motor with associated VFD and motor controls and discharge piping and valves; installation of new cartridge filters; modification of the existing sulfuric acid chemical system; modification of the existing threshold inhibitor chemical system; and site modifications, Including fencing and gates, yard piping, and storm drain replacement. 11BUTI ER cwsl ..00" MON04,s, co salaho G"Qlna , EDUCATION Construction Apprenticeship, Rio Hondo College; Whittier, CA,1981 Construction Management, Pasadena College; Pasadena, CA,1978 LICENSES / CERTIFICATIONS ICC Reinforced Concrete Special Inspector No.5057063 Exp, 0113112019 American Concrete Institute Field Testing Technician - Grade I Certification Exp. 11/1512019 YEARS WITH FIRM 1s years AVAILABILITY 100% Bart Crawford Lead /nspeator Professional Summary Mr. Bart Crawford came to Butler from the Metropolitan Water District, Los Angeles, where he spent over five years as an Inspector. His heavy construction experience and knowledge of methods and equipment have facilitated an expertise In concrete and steel structures, various types of form work, bridge construction, controlled blasting, pre -stress, earth wort, roadway improvements, rock bolting, reinforcing steel, tunneling, metal decking, architectural/interior finish. As an inspector for Butler, Mr. Crawford works primarily on water capital improvement projects, Including water and wastewater treatment plants, pipelines, pump stations, and reservoirs. His inspection duties typically Include utility/agency coordination, submittals, RFI and field memo responses, interpretation of drawings and general correspondence with design engineer. His background includes 18 years of union Carpentry. Mr. Crawford provides both pipeline encasement construction and pipeline inspection experience to water projects. Pipeline work has involved piping for filtration plants, domestic water lines and reservoirs. Pipe material has Included CML&C and ductile iron. Experience has also included flow measure and flow metering for 144" and 66" lines, and tunneling. Project (Experience Lead Inspector, Groundwater Reliability Improvement Project (GRIP) Advanced Water Treatment Facility Project; Water Replenishment District of Southern California (Value: $100 million) —Mr, Crawford Is providing field Inspection services as a part of GHD's Owner's Agent/Owner's Engineer team for the GRIP Advanced Water Treatment Facility Project. As a part of the GRIP Program, an advanced water treatment facility is being constructed to purify 10,000 acre feet (3.25 billion gallons) of tertiary treated (recycled) water annually. The GRIP AWTF is being built on a 6.2 acre property in the City of Pico Rivera, adjacent to the San Gabriel River. The GRIP AWTF will include the following treatment processes: automatic strainer; microfiltration (MF) and reverse osmosis (RO) followed by ultraviolet advanced oxidation (UVAO); cartridge filtration; decarbonation; and pH adjustment/corrosivity stabilization. Lead Inspector, Chino Creek Wall Field Equipping -Wells 1-16, 1-17, and I- 18; Chino, CA; Chino Basin Desalter Authority (Completion: 2013; Value: $1.6 million) —Provided inspection services for the Equipping of Chino Creek Well Field Wells 1-16, 1-17 & 1-18 project. The groundwater wells were equipped as part of the CDA Phase 3 Expansion Project. In addition to well equipping, the project included the installation of 626 LF of 8" diameter HDPE corrugated storm drain pipe and the grading and paving of the well sites. Coordination with other projects was required, Including connection of well discharge lines to the Chino Creek Well Field Raw Water Pipeline. The project also involved coordination with the City of Chine to secure the required permits. HUTIE GarwNur.Uon /duna9nr¢, CbnAnffinNGrtpinaara Lead Inspector Lead Inspector, Edward C. Little Water Recycling Facility Phase V Design -Build Expansion; El Segundo, CA (West Basin Municipal Water District) —Provided inspection services for the Phase V Design -Build project, West Basin expanded Title 22, Barrier Water and Low Pressure Boller Feed water treatment processes. The Phase V project involved expanding the Title 22 pretreatment capacity by 10 MGD to achieve a total treatment capacity of 40 MGD, along with expanding the Barrier Water production from 12.5 MGD to 17.5 MGD and the Low Pressure Boller Feed water production from 1.7 to 2.2 MGD to serve Single -Pass RO water to NRG's El Segundo Power Plant. The Phase V project addressed numerous capacity expansion and treatment process upgrades. The project included Ozone-Microfiltration Pretreatment Process; West Coast Barrier; El Segundo Power -Low Pressure Boiler Feed Water; Title 22 Facility -High Rate Clarifier Expansion; Title 22 Pump Station; Chemical Facilities; and miscellaneous civil work. Lead Inspector, Chino It Desalter Concentrate Reduction Facility; Jurupa Valley, CA; Chino Basin Desalter Authority (Value; $46.6 million; Completion: 2015)—Mr. Crawford was the Lead Inspector for the CRF groundwater treatment facility, which is one of two plants managed by the Chino Baeln Desalter Authority. Both ion exchange (IX) and reverse osmosis (RO) treatment trains are used to treat brackish groundwater from eight wells that also have elevated nitrate concentrations. The project scope Included construction of new softening, clarification, filtration, and secondary RO (SRO) treatment and solids dewatering and storage; installation of a new decarbonator; installation of a new transfer pump with motor with associated VFD and motor controls and discharge piping and valves; installation of new cartridge filters; modification of the existing sulfuric acid chemical system; modification of the existing threshold inhibitor chemical system; and site modifications, including new fencing and gates, yard piping, and storm drain replacement. Resident Engineer, Chino Desalter Reliability Project; Chino, CA; Chino Basin Desalter Authority (Completion: October 2017; Value: $3.8 million) --Butler provided CM and Inspection services for the Chino I Reliability Project located at the existing Chino I Desalter. The project scope included the following: new building built on to the existing Chino I Desalter facility; new RO train tied into the existing feed water, permeate, concentrate, and CIP piping manifolds; modification of the existing sulfuric acid chemical system by replacing two existing metering pumps and furnishing and installing two metering pumps; trench overflow constructed and connected below the air gap that conveys water to the brine line; slurry seal all existing and new asphalt surfaces; coating of the exterior of the existing process building to match the new process building exterior coating system; and coating of all existing trenches. IBU TIER C0401110 nMamie,. 0.ue.Alnp Anyinm"A EDUCATION B.S„ Engineering Technology—Constru ctl on, California State Polytechnic University, Pomona, 2000 AREAS of EXPERTISE CPM Project Scheduling Cost Control Quality Control Construction & Specialty Trade Estimating Cost Valuation Value Engineering Construction Inspections Surveying Structural Design Change Order Negotiation Cost Segregation Studies Project Organization Engineering Management Owner Presentations Project Review YEARS WITH FIRM 4 yea rs AVAILABILITY 20% Bryan Wilson Contract Administrator Professional Summary Mr. Wilson has over 18 years of construction estimating, cost review, inspection, and engineering management experience. He has analyzed and reviewed cost estimates for hundreds of projects ranging from underground pipelines to high-rise office buildings, These projects involved the training and management of engineers and estimators to determine and track construction costs and activities. Mr. Wilson's detailed estimating experience covers all aspects of building and heavy/civil design and construction, including earthwork, structural, mechanical, electrical, and plumbing components. He has conducted numerous physical inspections in order to verify the accuracy and scope of quantities and cost estimates derived from construction blueprints. He also has experience in organizing and tracking requests for information (RFI), project scheduling, negotiating construction change orders, and value engineering analyses. Mr. Wilson's range of professional experience includes working for and with construction management firms, general contractors, architecture and engineering firms, and public accounting and consulting firms. He has also provided asset valuation and classification consulting services to real estate appraisers and construction companies. He has prepared construction cost estimate studies for federal tax depreciation classification.and successfully defended these studies when audited by the Internal Revenue Service. Project Experience Field Engineer/Document Control Specialist, Mid -Basin Injection; Centennial Park Project; Santa Ana, CA; Orange County Water District (Completion: 2018; Value; $23.2 million) —Mr. Wilson is performing as the Document Control Specialist for the Mid -Basin Injection project, which consists of the construction of the following: four groundwater injection wells In below grade vaults, Including all related appurtenances within Centennial Park; a monitoring well at the Heritage Museum site; a purified recycled water injection supply pipeline approximately 5,000 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,000 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four Injection wells; replacement of approximately 9.8 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with shared City and District uses. Mr. Burce is coordinating closely with the City of Santa Ana, Santa Ana Unified School District, Heritage Museum, and state and federal agencies. Field Engineer/Assistant Resident Engineer, Santa Ana River Enhanced Recharge Phase 1A Sedimentation Basin and Pipeline; San Bernardino Valley Municipal Water District (Est. Completion: 2018; Value: $14 mill ion)---Butier (Prime) and GHD (Sub) are providing design, engineering, and CM services for the SARER Phase 1A project, which is located in an undeveloped area near the upper reaches of the Santa Ana River. A new diversion structure and inlet channel is being constructed to divert water to u�r��R Ce,nSvU Manager¢, Canaulllnp bnpirwnrx Bryan Wilson Contract Administrator the new sedimentation basis and the Water Conservation District Canal. The new sedimentation basin will be 200-foot wide and 600-foot long and approximately 10 feet deep. The new pipeline will consist of approximately 1,900 linear feet of 96-inch diameter CMLC welded steel pipe and 1,300 linear feet of 78-Inch diameter CMLC welded steel pipe connecting the new sedimentation basin and the existing 78-inch diameter SBVMWD Foothill Pipeline, Field Engineer/Document Control Specialist, Vista Verde Reservoir Replacement Project —Phase II; Vista, CA; City of Escondido (Completion: 2018; Value $9.5 million) —Mr. Wilson is providing field engineering and document control services for the replacement of the Vista Verde Reservoir. The existing 750,000-gallon steel reservoir, which suffered from Internal corrosion, is being replaced with two 1 million -gallon Type I pre- stressed concrete reservoirs that will be partially buried. The extra capacity for water storage will allow additional development in the area. The scope of work also includes new interconnecting piping, valve structure, grading, paving, site improvements, landscaping, electrical, Instrumentation, and incidentals for a complete and usable facility. The pipeline portion of the project will extend from the existing pump station along Vista Verde Way, up to the Vista Verde Way cul-de-sac (approximately 6,000 Linear Feet). It Includes inlet, outlet and drain line up the hill to the vault structure. Field Engineer/Document Controls, Wineville Extension Recycled Water Pipeline —Segment A; Inland Empire Utilities Agency (Completion: September 2016; Value: $10,609,000)—But€er provided construction management, contract administration, and inspection services for the construction of the Wineville Extension Recycled Water Pipeline, Segment A Is located in the Cities of Ontario and Fontana and within the San Bernardino Flood Control District property. It begins along East Airport Drive beside the east side of the Day Creek Channel continuing to Jurupa Avenue, south along Wineville Avenue to Francis Street, east along Francis Street and Marley Avenue just east of Mulberry Avenue. The construction consisted of the following: 5,464-LF of 24-inch pipe; 13,500-LF of 36-inch pipe; isolating valves; air release and vacuum valve assemblies; and blow -off assemblies. Mr. Wilson managed all financial aspects of project construction, including payment application review and processing, change order drafting and approval recommendation, construction cost estimating, and overall project budget implementation and tracking. Additionally, Mr, Wilson conducted weekly project meetings, reviewed and processed submittals and RFIs, performed field inspections, and coordinated the resolution of construction and contractual Issues. Section C. Understanding of Need PROJECT UNDERSTANDING Based on our review of the project request for proposal and the associated plans and specifications, we understand that the San Lorenzo Sewage Lift Station Project will consist of construction of the following: • Lift station —below ground dry and wet wells • Aboveground CMU block building • Three (3)15 hp dry pit sewage pumps • Piping, fittings, valves, flow meter, in -line grinders, rail and hoist system • HVAC, ventilation and ducting • Electrical and instrumentation • Site grading and improvements • 560 (LF) of 15" gravity sewer pipe 190 (LF) of 12" gravity sewer pipe + 545 (LF) of 10" force main • Sewer manholes and appurtenances • Abandonment of existing Segerstrom Lift Station The anticipated start of construction is late fall 2018 with a duration of 14 months. The estimated cost of construction is $6 million. PROJECT APPROACH The Butler Team will use a project control system consisting of the following four elements that will provide quality assurance/quality control procedures and guidelines in the execution of the San Lorenzo Sewage Lift Station Project. a. e m • m The CM Team's ability to monitor and manage the Contractor's performance will be critical to minimizing problems during construction and potential claims. Contractor schedule requirements will include substantial completion deadlines and interim and final completion dates. The construction progress will be evaluated based on approved, resource -loaded CPM schedules (Primavera P6). The Contractorwill be required to submit CPM schedules to the City for acceptance in addition to timely, detailed status Information as the work progresses. The Butler Team will evaluate the Contractor's actual performance by comparing actual qualities completed versus planned. Anticipated work to be accomplished will be reviewed based on a two -week "look ahead" schedule updated weekly by the Contractor. Available Information must be evaluated for schedule exceptions, available contractual options, and corrective actions required by the Contractor. The CM Team will address schedule variances with the Contractor at weekly progress meetings. The CM Team will evaluate each variance, its cause and possible corrective actions, and require the Contractor to provide an action plan to correct unsatisfactory variances. If a satisfactory resolution is not achieved and the Contractor falls significantly behind schedule, the CM Team will require the Contractor to submit a recovery plan. The plan should address mitigation efforts such as additional crews, additional shifts, or developing work -around schedules that move the delayed activity off the critical path so that its completion will not affect critical milestones. eI 11111111111111111,11111M The Butler Team will develop a QA/QC Plan for the San Lorenzo Sewage Lift Station Project. The plan will reflect a set of objectives defined by City staff and assigned CM and field Inspection personnel. The QAIQC Plan will be organized accordingly: • Organization and Responsibility; • Execution and Schedule; • Procedural Requirements; • Requirements for Consultants; and 0 Project Quality Management Audits These sections define requirements and procedures for checking, reviewing, distributing, tracking, and controlling documents for QAlQC. The project specific QA/QC Plan will be submitted and reviewed by the City prior to submittal of other project deliverables. The Individuals performing QA/QC reviews will be clearly Indicated In the project organization chart. Deliverables will contain a statement that the information contained In the submittal has been quality control checked in accordance with the QA/QC Plan. Quality Assurance is the confirmation process that all procedures directing the work have been developed and followed and any corrective actions required have been implemented. Procedures or actions to be confirmed include: • Construction management plan; • Training of staff in QA/QC requirements; • Submittal process plan; • Document control plan; • Identification of City approvals at appropriate milestones; • Control of testing to determine validity and accuracy of data collected in the field; • Calibration and testing of equipment; • Identification of the need for corrective action; and • Audit to verify compliance with the QA/QC Plan. Quality Control is the actual checking and validation of the inputs and outputs of the work. Activities to be verified for the work include the following: • Review by quality control team; + Identification and compliance with applicable codes, ordinances, permits, environmental requirements, etc.; • Review input data and check calculations; City of Santa Ana, Public Works Agency Construction Engineering Services for the San Lorenzo Sewage Lift Station, RFP No, 18.049 • Review drawings, specifications, technical reports, memos, meeting minutes; • Perform constructability, operability, maintainability, and usability reviews; and • Review design for compliance with safety standards. tati Management" The Principal -In -Charge and Project Manager will prepare a specific CM Communications Manual for the San Lorenzo Sewage Lift Station Project to be approved by the City. The manual will include project correspondence and other forms of communication In accordance with the City's document formatting standards. The manual will Integrate the interdependent roles of the City, Construction Manager, Design Engineer, and the Contractor, through pre -construction, mobilization, construction, and acceptance of the phases of the work. The Communication Manual will include the following: • Project organization: Individual assignments, responsibilities, phone numbers, lines of communication, and methods for Interfacing with the City, project stakeholders, and the Contractor, Organization chart showing relationships between the parties. • Project Control; Description of cost, schedule and document control systems. • Communication Management: Procedures for documenting communications and correspondence; distribution and/or routing lists; and examples of all forms that the Contractor will be required to use. • Mooting/Notice Procedures: Schedules, notices, agendas, reporting procedures, documentation requirements, and timely acceptance processes. • QAiQC: Procedures, laboratory testing, field-testing, coordination checks, and C. unfaEusrANDintG OF -NEED construction inspection activities for all project features, equipment and materials. • Document Control Discussion of Butter's cloud -based project management document control system used to input and track various reports and correspondence between key parties. • Contract Administration: Description of control systems and procedures for performing and documenting submittal reviews, RFIs, change orders, claims management, contract closeout activities, and other contract administration procedures. • Records: The CM will maintain records of inspections, reports, and test results received from the Contractor, Design Engineer, manufacturers, and others. a.M. OMM The Butler Team recommends utilizing Procore—a cloud -based construction project management solution. --to organize, manage and control project documentation. The advantages of Procore include unlimited users and storage, 24/7 visibility Into project status, and a centralized, comprehensive platform to manage vital project data. All parties involved have access to the system. Each user can access the program via a web browser on their computer or mobile device using secure log -in Information, Procore is utilized to store, review, track, and manage all project documents including City of Santa Ana, Public Works Agency Oonstruction Engineering Services for the San I Men= SOW098 Lift Station, RPP Na 18-049 construction drawings and specifications, RFIs, submittals, transmittals, meeting agendas and minutes, emails and correspondence, progress photos, budgets, schedule of values, payment applications, change orders, daily inspection reports, final punch lists, and point of contact information. Additionally, Procors can be configured to display the latest Primavera P6 construction project schedule and weather Information, both current and forecast. Automated smalls can be generated by the software program to remind personnel of required documentation reviews and other project related tasks that need attention, Project documentation is continuously updated and available always to all involved personnel, with prior revisions stored for reference. At the conclusion of the project, project -related documentation is converted to PDF format and distributed to the appropriate parties. SPECIAL CONCERNS i SUGGESTIONS Butler has vetted special concerns that the City should be made aware of, Table 1, located on the following pages, provides a summary of these concerns and suggestions. 1lalli� C. UNDERSTANDING QFNEE®_ m , _. Table 1, Special Concerns / Suggestions � nl� Schedule Control Objective: Implement proposed project according to Its schedule and any constraints. Quality Control Objective: Follow QC guidelines to minimize rework that could result in schedule delays. Cost Control Objective: Utilize and follow cost control management strategies to keep project within budget. Stakeholder Coordination Objective: Be responsive to pro act stakeholder coordlnation requirements to achieve a high confidence level for project success. Team Cohesiveness Objective: Maintain a streamlined, team that works well together during CM and inspection activities. Constructability Objective: Engage an experienced CM team to perform constructability reviews at critical design milestones. City of Santa Ana, Public Works Agency Construction Engineering Services rt r the San Lorenzo Sewage Lift Station, RFP No. 18.049 ❑ Review Program Schedule during pre -construction phase ❑ Conduct Schedule Workshops regarding project constraints with stakeholders ❑ Follow proven Butler QA/QC plan with experienced inspection staff. ❑ Document work activities and distribute to CM members daily. ❑ Ensure contractor redlines are up to date on a weekly basis. ❑ Provide CM/Field Engineering budget linked to resource -loaded construction baseline schedule. ❑ Quantify and negotiate PCOs to ensure contingent costs are reported to management. ❑ Provide proactive alternatives to construction sequencing. ❑ Utilize document control tools for team 24/7 team access. ❑ Partiolpate in any partnering workshops proposed by City. ❑ Hold issue specific team meetings /workshops. ❑ Provide a locally -based team that has worked well together on similar projects. ❑ Build from recent CM and inspection activities for other similar projects. ❑ Provide local team that is familiar with local Issues and contractors. ❑ Provide an Independent team to perform reviews. ❑ Provide input and respect Engineer's design approach. ❑ Confirm project sequencing requirements are addressed in Contract Documents. ❑ Confirm proper interface between construction projects. ❑ Identification of key schedule constraints early on to mitigate potential delays. ❑ Minimized cost overruns due to unforeseen construction issues. ❑ Meet schedule with fully - functional facility ❑ Concise 2-week look -ahead. ❑ Streamlined sequencing & coordination ❑ Minimize inspection costs ❑ Provide City staff with current summarized data weekly. Create Management "dashboard" for interface with field CM team. ❑ Maintain a "no surprises" result when planning progress payments or approval of PCOs. ❑ Provide a monthly report detailing progress & delineate project risk. ❑ Facilitated, yet secure, document filing system for detailed project progress. ❑ Streamlined communications and accountability for project success. ❑ Established plan for maintaining Stakeholder Involvement.. ❑ Adaptive CM and inspection team that Is in close proximity to project site ❑ Proven integration of our combined Team's CM and Inspection expertise, ❑ Team with knowledge of current bidding climate. ❑ Confidence in oonstructability reviews to identify ambiguities and conflicts. ❑ Lower bid prices, reduced change orders/claims and fewer delays. ❑ Mitigate/ellminste Impact to stakeholders on concurrent construction activities. UTl R,,,. _ C. UNDERSTANDING OF NEED Safety Environmental Impacts Structural Failures Drive & Pump Shaft Longevity of Materials Compliance Traffic Control Pump Station and Pipeline Alignment City of Santa Ana, Public Works Agency Construction Engineering Services for the San Lorenzo Sewage Lift Station, RFP No. 98-049 ❑ Attend Contractor's weekly safety meeting. Follow and respect Contractor's safety program. ❑ Observe for testing of the quality of air in confined spaces and the provision of a fresh air source. ❑ Inspect HVAC duct connections, pipe joints, doorlhatch seals, penetration seals and equipment seals for tightness and longevity. ❑ Ensure HVAC system is Installed where the fresh air source Is unobstructed and unadulterated. ❑ Inspect to see that all electrical equipment is properly grounded, all switches are the non -spark type and hazardous areas are equipped with explosion proof fixtures, switches, boxes, outlets. ❑ Verify all light sources are installed In a location to provide required lumens for operation personnel. ❑ Enforce hours of work, noise levels, and clean work areas. ❑ Require whisper quiet equipment for 24-hour dewatering operations and emergency numbers for Contractor to address abnormalities. ❑ Inspect all structural components such as concrete, pump base plates and other equipment supports for level and plumb. ❑ Require proper alignment using millwright(s) for drive and pump shaft alignment. 0. Provide a pump installation within the manufacturer's requirement. ❑ Insist the Contractor follow the requirement for corrosion resistant materials during construction. ❑ Enforce Best Management Practices (BMP) for site drainage and eliminate runoff. ❑ Monitor and enforce traffic control plans for Sergerstrom Avenue. ❑I Check Pump Station and Pipeline alignment and depth during construction. ❑ Illness and Injury free construction site. ❑ Maintain a safe working environment In confined space ❑ Prevent leakage of odors and explosive gasses. Provide for a hazard free environment. ❑ Provide a safe environment for operation and maintenance of the pump station. ❑ Facility Is provided with unobstructed lighting for safety and ease of operation and maintenance, ❑ Minimize environmental Impacts to the local community. ❑ Minimize community complaints and possible complications from spills or interruption of dewatering operation. ❑ Prevent minor structural failures that can cause pumps and other equipment to run inefficiently causing noise vibration and wear. ❑ Will provide full warranty performance, ❑ Increase longevity of the Pump Station and pipeline. ❑ Maintain compliance with all regulatory agencies. ❑ Maintain maximum traffic flow and worker's safety. ❑ Provide working hydraulic profile as designed for properly functioning facilities. WI - TIER C. iIND RSTANDING OF NEED Section D. Relevant Project Experience Project Name / Project Desciption Location / Reference Mid -Basin Injection Wells— Butter Engineering, Inc. is providing Centennial Park Project; constructability review, project coordination, Santa Ana, CA resident engineering, and construction Inspection Orange County services for the Mid -Basin Injection Wells Project Water District located within the City of Santa Ana's 87-acre Centennial Park. The wells will be used to directly Ben Smith, P.E. inject product water from the District's Project Manager Groundwater Replenishment System (GWRS) Tel: (714) 378-3211 Into the principal groundwater aquifer in the bsmith@ocwd.com central portion of the Orange County groundwater basin. The project requires Value: $23.2 million close coordination with the City of Santa Ana, Santa Ana Unified School District, Completion:2019 Heritage Museum, and state and federal agencies. The project consists of construction of the following: Proposed Key Personnel + Four (4) groundwater Injection wells In below grade vaults (1,200 feet deep) Mark Butler, Casey Harris, and all related appurtenances Vladimir Burce, P,E„ and + SR-13 monitoring well at the Heritage Museum site Bryan Wilson + 5,500 LF of purified recycled water injection supply pipeline that connects to the District's existing GWRS pipeline and crosses the Santa Ana River + 4,200 LF of backflush discharge pipeline that discharges to the Greenville - Banning Channel and Centennial Park Lake + Two new buildings with shared City of Santa Ana and District uses + Installation of submersible pumps within the four Injection wells + Replacement of 9.6 acres of paving with the Park + Demolishing an existing City of Santa Ana restroom facility Phase Aquippvenuo ng; Phase II Equipping; Butler provided project / construction Tustin, CA management and Inspection services for the Edinger Avenue Well . Phase II Equipping City of Tustin, Public Works Project. Construction of the building and Ken Nishikawa, Deputy equipping of the pump included the following: Director of Public installation of a 225 LF of 12-inch diameter CML Works/Engineering ductile iron pipe discharge water line; connection Tel: (714) 573-3389 to 12-Inch ductile Iron watermain; installation of knishikawa@tustinca.org 162 LF of 18-inch diameter C-905 drain line; connection to the existing storm Value: $4,103,650 drain; placement of new onsite sewer manhole; installation of 76 LF of 8-inch diameter SDR 26 sewer lateral; connection to existing OCSD sewer manhole; and Completion: 2016 erection of 2,376 SF of CMU block wall with a metal roof building to enclose the Proposed Key Personnel well pump, electrical equipment and chlorine room. Mark Butler and Kyle Morgheim, P.E. The project is part of the City of Tustin's Water Services Division, which is responsible for the production and safe delivery of domestic water to more than 14,100 service connections through approximately 172 miles of water mains. Butler staff coordinated with several agencies Including the City of Tustin, City of Santa Ana, and Caltrans. BU" IER D. RELEVANT PROJECT EXPERIIENCE Station and Vista / Carlsbad Interceptor Sewer Replacement; Vista and Carlsbad, CA City of Vista Greg Mayer, P.E. City Engineer Tel: (760) 726-1340 x1206 gmayer@ci.vista.ca.us Value: $64.2 million Completion: 2018 Proposed Key Personnel Mark Butler City of Santa Ana, Public Works Agency Constructlon Engineering SerWoos for the San Lorenzo Sewage Llft Station, RFA No. 18.049 Butler Engineering, Inc, performed as the Owner's Representative for the construction of the sewer lift station and Interceptor sewer reaches. This Is a joint sewer project with the City of Vista and the City of Carlsbad to replace existing facilities, Increase sewer capacity and Improve reliability within the lower portion of the sewer system, The project beings at the north shore of the Ague Hedlonda Lagoon in Carlsbad and extends a distance of 23 miles to the Encina Water Pollution Control Facility. Major project components Include the following; Removal and replacement of the existing wood trestle sewer support bridge across the lagoon with a new steel support bridge. The new bridge will provide vehicle access to sewer facilities. The existing 42-inch diameter sewer pipe along the bridge will be replaced with a new 54-inch pipe. Removal and replacement of the existing Agua Hacienda lift station. The new structure will house replacement motors and pumps, as well as new system enhancements Including an emergency generator and bypass motors and pumps, an electrical control building, and odor control facilities. Construction of a new 30-inch diameter force main and a new 54-Inch diameter gravity sewer line to increase system capacity and reliability. The force main will provide 4,000 linear feet of high density polyethylene pipe parallel to an existing line and will connect into 7,000 linear feet of new 54- inch diameter gravity sewer to be constructed in Avenida Eneinas from Cannon Road to the Encina Water Pollution Control Facility. D. RELEVANT PROJECT EXPERIENCE v�w4VU AIM v�A 4q 14Af1AUAU Interceptor Sewer airy cngmeer Replacement Tel: (760) 726-1340 x1206 4maver(u7cf.viste.ca. us Section F. Scope of Services & Schedule SCOPE OF WORK The Butler Team will consist of a Project Manager (PM), Inspector, and a Contract Administrator (CA). They will serve as an extension of City staff to assist In the overall delivery of the San Lorenzo Sewage Lift Station Project, including pre -construction tasks, managing construction, and ensure that the work Is completed in accordance with the contract documents, and project closeout and warranty phase. The Butler Team will report directly to the City's Construction Manager. The proposed scope of work includes Butler's understanding of the construction management and field work needs of the City as related to this contract. We have provided sufficient detalt to demonstrate that we grasp the magnitude of the project, and are experienced In providing the necessary services. L Review of Contract Documents The PM will perform a thorough review of the contract documents. The review will include, but not be limited to, the appropriateness of the number of working days allowed, the appropriateness of the amount of liquidated damages and timely coordination with other agencies, if any ambiguities, errors, omissions, or conflicts exist, the PM will advise the City's Construction Manager on the need for document content revision, as appropriate. 2. Bid Review Prior to the start of the project, the PM will review the submitted bids for responsiveness and completeness, including verifying licensing, Insurance and bonding, and will assist in performing reference checking. This will also include verifying that all subcontractors have a valid City Business license. The PM will evaluate bids to ensure they are balanced and not front-end "loaded." upon completion of the bid reviews, Butler will assist the City in determining the apparent responsible and responsive low bidder for the project, The PM will prepare a formal memorandum detailing the bid proposal review and the recommendation for award. 3. Kick-Off/Pre-Construction Meeting The Butler Team will organize, schedule, attend and facilitate all project -related meetings. The PM will organize a kick-off meeting with City personnel to discuss the scope of work, project team, and project schedule and to receive any additional background Information. in addition, the PM will schedule and facilitate meetings with the project stakeholders and City staff to discuss the following: contract administration guidelines; contractual roles; and reinforcement of specific requirements for safety, access, and coordination issues for the work. The PM will provide a meeting agenda three (3) days in advance of the meeting and transmit meeting minutes to all attendees within three (3) business days. 4. Construction Schedule 1 Budget The PM will utilize Oracle Primavera P6 Professional Project Management to perform detailed monitoring of the Contractor's master schedule for the duration of the Project. The PM will establish a cost control system for monitoring and updating project costs and budget. He will utilize Primavera P6 to prepare an independent construction cost estimate and construction schedule based on a standard five-day workweek. The cost -loaded CPM schedule will provide the PM with the basis for cash flow projections. The budget will be . reviewed with the design team and consultants and submitted to the City for acceptance, The PM will revise the budget as directed by the City, d,. Construction Progress Reports The PM will prepare monthly progress reports that will include the following items: summary of the prior month's main accomplishments and current construction activities; reconciliation of contract time, work progress, and manpower usage by the Contractor; project costs to date; overall contractor's conformance to quality requirements; identification of major issues addressed or arising from the project requiring resolution; summary of progress payments, certified payrolls, change order disputes, submittals, RFls and responses, and notices of noncompliance; and daily photographs of representative project activities. 2. Weekly Progress Meetings The PM will schedule and lead weekly meetings with the Contractor, City's Construction Manager, and other representatives to resolve all project matters and assess responsibilities for response to respective participants, The PM will implement action monitoring to ensure compliance and timely response. The CA will distribute the minutes to the attendees within two working days and Include the minutes in the monthly progress reports. 3. Shop Drawings and Submittals The Butler Team will be responsible for processing and monitoring the status of submittals. In meeting the City's Internal timeframes, submittals will be processed on a one -week turnaround basis or sooner. Submittal tracking will be introduced into the electronic document control system and status of submittals will be known at all times. This system will be coordinated with the Contractor per contract document requirements. The PM will review the completeness and quantity of all required shop drawings, product data, samples and other submittals received during the construction phase and transmit to City staffing for review and approval. 4. Requests for Information The PM will coordinate the RFI review process and route all RFIs to the appropriate reviewer. The documentation will be logged, tracked, maintained, and organized in the electronic document control system in PDF format. All responses will be monitored with suspense action dates and follow-up procedures implemented to ensure timely action by all parties to project Issues including Input from City staff. City of Santa Ana, Public Works Agoncy Construction Engineering Servicos for the San Lorenzo Sewage UR Station, RFP No, 18.049 S. Permits The Butler Team will ensure that all building permits and special permits are obtained and that all applicable fees have been paid, and will obtain approvals from authorities having jurisdiction over the Project. 6. Change Order Requests The City or Contractor may initiate a change or request for changes, or modifications may arise due to differing site conditions, The PM will track, document and negotiate all changes for added costs or credits with the Contractor. The PM will evaluate all schedule Impacts in addition to advising the District of equitable cost and time adjustments for proposed or authorized changes including credits that are due. The PM will coordinate change order procedures for preparation of documents to be executed by the Contractor and the District. The RE and claims support will evaluate Contractor claims seeking additional costs or time for contract modifications. The PM will assess if the claim has merit and make recommendations. Unresolved claims will be administered through the remedies clauses of the construction contract under the direction of the District. 7. Contractor's Safety program The Contractor will be required to prepare and submit a safety program to the PM for review. The PM will take the necessary steps to ensure the job site conditions are in compliance with OSHA regulations. The PM will notify the Contractor of any safety problems and direct the Contractor to suspend work if Imminent hazard is not immediately remedied or a dangerous condition persists. 8. Cost Accounting Records The ButierTeam will maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work required accounting records. [ TIEFiy _ —-------.---- — F. SCOPE OF SERVICES & SCHEDULE C 9, Progress and Final Payments The PM will receive, check, and verify all Contractor monthly progress payment requests and other project -related invoices based upon the cost -loaded schedule. The progress payment worksheet will be based on an approved schedule of values. Progress pay requests will be checked against the approved schedule of assigned values and actual In - place quantities verified at the and of the pay period. The pay request format will be established by the project team to expedite checking, processing, and subsequent updating of project budgets and cost projections and forwarded to the City's Construction Manager for approval and payment to the Contractor. 10. Prevailing Wage & CWA Forms The Butler Team will monitor prevailing wage forms end requirements for conformation to the prevailing wage rates on a weekly basis. The Butler Team will verify that all Trade personnel listed in the daily log are also listed in the certified payroll. The Butler Team will also monitor the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification of prevailing wage and CWA will be provided with the monthly progress payments. 11.Compliance with Contract Documents The Butler Team will monitor construction activities to ensure the work adheres to the contract documents and regulatory agencies. The PM will lead resolution of day-to-day construction issues raised and coordinate with the inspectors, Design Engineer, and Contractor as required. The PM will make recommendations to the City regarding special inspection or testing of work not in compliance with the contract documents. 12. Maintain "As -Built" Records The Butler Team will review the Contractor's as -built records on a monthly basis to ensure that timely recording is being accomplished. The PM will ensure that the City's as-builts identify RFIs, shop drawing revisions, change order modifications, etc, and that they are City of Santa Ana, Public Works Agency Construction Engineering Services for the San Lorenzo Sewage Lift Station, RFP No, 48-049 updated weekly. The as-bullts will be submitted to the City and the Design Engineer at the completion of the project. The PM will coordinate the submittal of completed record drawings to the City's Construction Manager. The PM will hold monthly record drawing review meetings with the City's CM and the Contractor prior to submittal of monthly progress payments. Butler will be utilizing Blue Beam. 13. Construction Inspection Butler will assign a Lead Inspector to ensure that the Contractor's work is in compliance with the contract documents, industry standards, applicable codes, environmental and local regulations, and construction permits. In addition, the Lead Inspector will be responsible for the following: Daily Inspection Reports: The Lead Inspector will maintain daily inspection reports, which will be submitted to the City on a weekly basis. The reports will document construction activities, including the date, day of week, and weather conditions; hours of work; personnel on site; equipment being used; Idle or Inoperable equipment; details of each activity; controversial matters/disputes; deficiencies and violations; instructions issued to the construction contractor; safety concerns; description of accidents; major material and equipment deliveries to the site; names of visitors to the site; and delays and extra work. Schedule Review: Reviewing the Contractors' two week "look ahead" schedules and coordinate staffing needs with Butler's PM. Rids: Discuss responses to RFIs with Butler's PM as required and coordinate the replies to the Contractor; review of the submittals; provide non-conformance reports; and provide documentation of construction activities, duration of activities, manpower and equipment allocation. LITHE F. SCOPE pF BERYi10ES & SCHEDULE • Photographic Records: Provide weekly photographic/digital records of the project during construction, Log construction digital photographs on a daily basis. A digital photographic library will be maintained of significant construction activities. The photographs will be labeled with the date, location, and narrative information. Additional digital photographs will be taken of change order and claim Items, and any special or unique conditions as they arise. The photographic library will be turned over to the City at the completion of the construction contract. 14. Special inspection I Materials Testing The PM and Lead Inspector will facilitate and coordinate Inspection by representatives of other agencies and schedule and coordinate special inspection and materials testing. C. Project Close -Out 1. Detailed Project punch Lists The Butier Team will prepare a project punch list at substantial completion and coordinate the correction of deficiencies by the Contractor. Upon correction of deficiencies, the PM will coordinate and conduct a final walk-through prior to the acceptance of work with the Design Engineer, City's Construction Manager, and other staff as directed. Z. Final Payment Requests The PM will verify that the Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released. The PM will obtain a Conditional Waiver of Lien from the Contractor prior to recommending final payment. $. Verify Contractors Project Record Drawings The PM will review the Contractor's project record drawings for completeness, 4. Compile and Submit O & M Manuals The PM will compile and submit operation and maintenance manuals, instruction manuals, parts lists, spare parts, and warranties for equipment procured. The PM will collect City of Santa Ana, Public Works Agency Constriction Engineering Services for the San Lorenzo Sewage Lift Station, RFP No. 1M49 relevant data and information from the Contractor and material/equipment supplies and assist the Design Engineer in developing a comprehensive O&M Manual. 6. Final Report The PM will prepare and submit a final progress report to the City no later than 60 calendar days following the filing of the Notice of Completion. The report will include a complete overview of the contract, Contractor's performance, accomplishments, preliminary and final project costs, cash flows, schedules, and recommendations for alleviating problems experienced on the project. 6. Turn Over All Documents and Files The Butler Team will furnish all original project documents and final reports to the City's CM within 60 calendar days following filing of the Notice of Completion. The documents will be delivered to the City in a form and fashion acceptable to the City. The files will also be scanned and provided to the City in electronic format on CD-ROM (two copies) labeled with the project name. F. SCOPE -OF & SCHEDULE jF i it g 19 a Ys 2 fl "S .8 U�7 a: li" T! 2 cc s w .2 ui UL ji Pb ea It L9 Lo9 t3 5F if Lo fl -R NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the cortifier to criminal prosecution. , Signed State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 20by proved to me on the basiso tsfttotory evidence;/to be the person(s) who appeared before ma te' amAe Notary Public Signature Notary Public Seal City of Santa Ana RFP 18-029 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE SUBSCRIBED AND SWORN TO (or affirmed) before me on this 24"" day of June, 2018 by Mark M. Butier, proved to me on the basis of satisfactory evidence to be the persons who appeared before me, P„4.x?g .sae NT , "�.. OMM18 t1 L. CILLESPlE w,.m...---... Commlaalon # 20g68g8 Orange County .A� aaip, y:Notary Putc -na Notary Pubiic gym, EgI%!S F0 20�18 t NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with Its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. /j Signed: "', n / -- Title: Vice President/CFO Firm: Butier Engineering, Inc. Date: 07126/2018 City of Santa Ana RFP 18-029 CITY OF SANTA ANA RFF NO.: 18-029 STRUCTURAL ENGINEERING SERVICES NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; rocruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 94, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Iris/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. Page I of 2 CITY OF SANTA ANA RFP NO.: 18-029 STRUCTURAL ENGINEERING SERVICES The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Vice President/CFO Firm: Butier Engineering, Inc. Date: 07/26/2018 Page 2 of 2 17822 L 17, street Suite 404 Tustin, CA 92780 Tel (714)832-7222 Fax(714) 832.7211 EXHIBIT C July 26, 2018 City of Santa Ana Attn: Tyrone Chesanek Public Works Agency 20 Civic Center Plaza 3t1 Floor Reception, Ross Annex Santa Ana, CA 92701 Subject: Fee Proposal—RFP No. 18-040: Construction Engineering Services for the San Lorenzo Sewage Lift Station Project Dear Mr, Chesanek: The Butler Team Is pleased to submit one (1) hardeopy of our fee proposal in a sealed envelope to provide construction engineering services for the above referenced project, Our proposal is fully responsive to the City of Santa Ana's (City) Request for Proposal Issued on June 14, 2018, THE PROPOSED BUDGETS ARE SUBJECT TO FINAL SCOPE NF-GOTjt4T101yS, CLARIFICATIONS/SUGGESTIONS The proposed level of effort is based on the project schedule provided in the RFP. The objective of our staffing plan is to take full advantage of our local project resources. The final _staffina plan will he hmserl nn lhn annrnumri enha,Lii— Rates for the Construction Management Team Vehicle mileage, computers, computer software, printers, reproduction, cell phone service, broadband service, office supplies, technical reference materials, training, and personal protective equipment (PPE) including hard hats, safety boots, work gloves, safety glasses and other PPE as required shall be billed at the attached rates per labor hour charged to the project. Rates will be maintained for the contact period. Excluded from Rates Trailer rental costs, installation of utilities, cost of utilities, cost of sanitary services, broadband 1 high speed connections, janitorial, and furniture. Legal All sub -consultants will be bound to the final terms and conditions of the prime agreement, Field Office We have assumed the contractor will provide the necessary office space to house the field CM team. Team meetings can be conducted In Butler's home office in Tustin as an option. We look forward to the opportunity to work with the City on this important procurement. If you have any questions regarding the attached proposal, please contact me at (714) 832-7222. Sincerely, BUTIER Engineering, Inc. Construction Managers, Consultin . gineers Mark M. Butler, Jr. Vice President/CFO 17822 E. Wffi Street Suite 404 Tustin, CA 92780 Tel(7141832.7222 Fox (714) 832-7211 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 796-6059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California County of ORANGE )SS Notice Type: BID -NOTICE INVITING BIDS Ad Description: RFP NO. 18-049 CONSTRUCTION ENGINEERING SVCS FOR SAN LORENZO I am a citizen of the United States and a resident of the Slate of California; I am over the age of eighteen years, and not a party to or Interested in the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published In the English language In the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the taws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No. A21046. That the notice, of which the annexed Is a printed copy, has been published in each regular and entire Issue of said newspaper and not In .. _-any supplement thereof on the following dates, to -wit: 0612912018. 06/30/2018 Executed on: 06/30/2018 At SANTA ANA,CA I certify (or declare) under penally of perjury that the foregoing Is true and Correct. Signature Emali I I!I I I 1 0 II II 0 II 0 IIII 0 II 0 I 4 II II9 II5 IIII8 IIII 7 IIII I III CNS#: 3149176 NOTICE "SEALED RFP NO 10-00449 ENGINEEgERING SE TpX4 Is SEWAGE! LIFT STATION IN SANTAANA F DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Tyrone Chesonok Public Works Agency; 20 Civic Center Plaza; 3rd, Floor Reception, Ross Annex Santa Ana, CA 92701 Proposals shall, be del V.,.d, or sent by courier service. Proposalssotall NOTbe tole0raphic, electronic or facsimile. All notifications, odCando will abe This space for Ning stamp only Posted On the City's RFP Bid Page at www.santaanu.org/b Ids -rips. Proposers shall be responsible for monitoring tha site to obtain Information re ordino this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive Proposal. NOTICE INVITING PROPOSALS `SEALED PROPOS. RFP 0OR 18049 CONS RUCTION EERING SE TVOE 6AN R LOREN20 SEWAGE LIFT IN STATION. HE CITY OF DO NOT OAAPENNNWITH REGULARMAIL., n CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDO'YYY) 0/312019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polley(tes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of suchendorsement(s). PRODUCER CONTACT ey Ferrick Dealey, Renton & Associates License # 0020738uc,Nn.F,xg 510�465.3op0 ,__„�u;510 452-2:1p3 F dAIL P. O. Box 12675 ApDRE55 DeRI(IcalesQdsalti _canton GoIT_ _ Oakland CA 94604-2675 - - INeURER(S)AFFORDING COVERAGE NAICN Butler Engineering, Inc. Tustin Financial Center 17822 E 17th St Suite 404 Tustin CA 92780 pwuKtrc 4. rIVR D kASURER E auau R COVFRAMPS OFRTIFICATF NIIMRFR'I9ninCddd71 RFVt:QirSTd NIIMRFR•. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS._..._._. L ------^^ .._,AOD TVPE OFINSURANCE S Bh .. -_. POL CV NU ER .. ICY Pot DOIYYYV _.. LIMITS 'A x ....m COMMERCIALGENERAL LIABILITY CLAIMS -MADE OCCUR Y Y MZ690996613 6/25/2019 6/25/2020 EACHOCCURRENCE $1,000.000 ...._. PFN' E3: En�,i4 „yVD $.1,ODD,000 MED E%P (Any one parson) W. $1Q000-.__.... ,--a,,, PERSONAL aADV INJURY $1,000,000 _. T GENLAGGRE�GATE LIMIT APPLIES PER: POLICY,.. JEST DLOC . GENERALAGGREGATE PRODUCTS-COMP/OP AGO. 52,DD 0000 $2000,000 $ WHEN A AUTOMOBILE LIABILITY Y Y MZA60339109 6/25/2019 6/25/2020 COMBINED SING MIT- I AL, .. $1,000,000 x ANY AUTO BODILY INJURY (Per person) $ OWNED -SCHEDULED AUTOS ONLY AUTOS HIRED X ,NON -OWNED AUTOS ONLY -AUTOS ONLY BODILY INJURY (Per accident) $ _ 'X OgXJY'QAMAGE dcq an $ E -UMBRELLA LIAB OCCUR EACH.00CURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ ... T- 'E' A : WORKERS COMPENSATION - - ANDWPLOYERVLIABILITY ,Y,tN Y 8OW0011111101 7/1/2019 7/1/2020 X P - � 61-IE E.L. EACH ACCIOEN7 _ E1,000a000. ANYPROPRIETOMPARTNEMEXECUTIVE OFFICER/MEMBEREXCLUDEW NIA (Mandatory In NH) If yyeaa, describe under DESCRIPTION OF OPERATIONS balow _. ... ..__. Ems, DISEASE - EA EMPLOYEE $1,000,000 EL. DISEASE -POLICY LIMIT $1_000,000 B Professlonal Uabillty 107108511 6/25/2019 612SY2020 $1.000.000 per Claim $2,000,0110 Annual Aggregate DESORIPTIONOFOPERATIONSr LOCATION$I'VENIOLEa (ACdRD 101, Addlllongl Ramprks Sohedgla,mbY bottlNohgtlifeCgrP spaao is rau01rtid1 Rel; San Lorenzo Sewage Lift Station Projeof (RFP*18;049j, The Cityy Of Santa Ana,lts o0lgersi employees agents, volunteers and represematives are named as Additional Insured for General and Auto-1111lityy as required by wd ton contract oragreernmll. GBneral Llabi lty Insurance Is primary and non-doplributory per policy form. AWaivar of 561biogatlon applies per the:attached endorsements. 30 Days Nolice of Gan'Dellatinn. REVIEWED & APPROVED By RISk MANAGEMENT DMSION City of Santa Ana Risk Management Division, 4th Floor 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Additional Insured - Owners, Lessees or Contractors - Completed Operations - CG 20 37 04 13 Policy An3endment(s) Commercial Goncral Liability Insured: BUTIER ENGINEERING INC Producer: DMEY, RENTON & ASSOCIATES Policy Number. 8 H1 MZG 80995613 Effective Date: 06-25-19 This endorsement modifies insurance provided on (let- the following: Commercial General Liability Coverage Part Products/Completed operations Liability Coverage ]'art Schedule Name Of Additional Insured Person(s) Location And Description Of Or Organization(s) Completed Operations As required by written contract Information required to complete this Schedule, if net shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is attended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by yam vvorhat the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products -completed operations hazord. tlowcvcr: I. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will nor be broader than that which you are required by the contract or agreement to provide for such additional insured, B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance. - If coverage provided to the additional insured is required by a contract or agreem ont, the most we will pay on behalf of the additional insured is the tunount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorseniont shall not increase the applicable Limits of Insurance shown in the Declarations. This Pone must he nunched to Change i?ndorsement when issued ollor the policy i, writien One or the flretnan's leund tnsarnncQ L.OmpilnieY as na1nc(t in 111c Policy Scercauy Prcaident By RISk MANAGEMENT DIVISION Insurance ServlcesOfllce, Inc., 2012 ANE R. VILLAREAL WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.001% of the California workers' compensation premium otherwise due on such remuneration. Schedule Associated Job Person or Organization Job Description Premium Blanket Waiver of Subrogation as required by written contract. This endorsement changes the policy to which It Is attached and Is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 07/01/2019 Policy No. SCW0095811901 Endorsement No. Insured Butler Engineering, Inc. Insurance Company American Premium Automobile Insurance Company Countersigned By 1 i0 AqI AI'ITROVCIN �r��°""'' ><ra:rrreNr DiuisioN WC 04 03 O6 (Ed, 04-84) kA�NCIN'E'R. VILLLAREAL Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization - CC 20 10 04 1.3 Policy Amandment(s) Commercial General Liability Insured: BUTTER ENGINEERING INC Producer: DEALEY, RENTON & ASSOCIATES Policy Number: 8 ti1 MZG 80995613 Effective Date: 06-25-19 I'ltls endorsement modifies insurance provided under the following:. Commercial General Liability Coverage Part Schedule Name Of Additional InsuredPerson(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract lnfonnation required to complete this Schedule, il'not shown above, will be shown in the Declarations. A. Section It -who is An Insured is amended to 2. II' coverage provided to the additional insured Include as an additional insured the person(s) or is required by a contract or agreement, the organization(s) shown in the Schedule, but only insutmnce afforded to such additional insured with respect to Iiability for bodily injury, property will not be broader than that which you are damage or personal and advertising injury caused, required by the contract or agreement to in whole or in Batt, by: provide for such additional insured. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the perf'ormantce of your ongoing operations for (lie additional iosuml(s) at the location(s) designated above. However: 1. The insurance al.:forded to such additional insured only applies to the extent peuniticd by law; and B. 'With respect to the insurance aftbrded to these additional insureds, the following additional exclusions apply: This insumocc does not apply to bodily injury or property damage occurring after: I. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 'ihis Donn most be nawaed to C'hnnge Fmlorsenmu when issued 40 the policy is written. One of the Firemen's Fund Insunnwe Companies as mimed in dle policy REVIEWED & APPROVED By RISk MANAGEMENT DIVISION til'CI'l`IUI' � y Prealdent FR NCI NER,VILLAREAL CG2010 4-13 © Insurance SorvicesOfficc. Inc„ 2012 Page I of 2 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any persona or organization other titan another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional Insureds, the following is added to Section III . Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance; 1. Required by diet contract or agreement; or 2, Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. REVIEWED & APPROVED B3 Risk MANACICMENT DivI510N FRANCINE . VIE_E.AREAL CG2010 4.13 0 Insurance earvlces Otace, Inc., 2012 Page 2 of 2 Policy Number: MZG80995613 Amendment to Condition 4. Other Insurance - CG 72 90 1.1 09 Policy Amendment(s) Counnercial General Liability The Following is added as a second paragraph to Sec. tion IV Conditions, Condition 4, Other Insurance, fol- lowing paragraph b.(1)(b): However, if you have added any person, organization or vendor of yours as an additional insured to this policy and have agreed in a written insured contract that this insurance is primary and non-contributory with other insurance available to that additional in- sured, this insm•atice is pdtuary and we will not seek contribution frmn such additional insured's own insur- ance. This insurance is excess ovml fill other insurance available to the additional insured. This Form must lx� aaaohed to Change EhIorsoment when Issued aAcr the policy is tvriaen. One of the Fireman's Fund Insurmtee Companies as numed in tho policy Secretary OG729011.09 02009 Raman's Fund Insurance Company, Novato, CA. All fights reserved. Includes copyrighted materiel of Insurance 5ervices0foce, Inc., Mill Its permission. President RMEWED-&'-1 'Pf OVEb By Risk MANAGEMENT Divi$iON 1 092019 FRANCINE R. VILLAREAL Policy Number: MZA80339109 FleetCover© Endorsement - CA 70 .18 10 14 Policy Antendnrcnt(s) 'rbis endorsementmodifies tnxuronee provided under the following: Business Auto Coverage Form Motor Carrier Coverage Form A. Broadened Nuned Insured Section I1 - Covered Autos Liability Coverage, A, Coverage, I. Who Is An Insured, the following is added; Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, matiority ownership or majority interest will qualify as a Named .Insured if: (1) 'There is no other similar insurance available to that organization; and (2) The first Named ,Insured shown in the Declarations of this policy tins the responsibility of placing insur- ance for that organization; and (3) The organization is incorporated or organized under the laws of the United States of America. However: (a) Coverage under this provision is afforded only until the next occurring 12 month anniversary or the be- ginning of the policy period shown in the Declarnlicnts, or the end of the policy period, whichever is earlier; laid (b) Coverage under this provision does not apply to bodily injury or property damage that results front an accident that occurred before you accptired or formed the organimtioh; and (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (c) Coverage under A.(1), (2) and (3) above does not apply (o any organization (hat is covered as all insured under any other automobile liability insurance policy whose limits of insurance have been exhausted or whose insurer has become insolvent, 13, Broadened Who Is an Insured 1. Fenn C1A0001 (if attached to this policy), Section II . Covered Autos Liability Coverage, A. Coverage, I. Who Is An Insured, item b.(2) is deleted, and d. is added Its follows: d. Your employee while using with your permission his owned auto, or to auto owned by it member of his or her household, in your business or your personal affairs, provided you do not own, hire at - borrow that auto. REVIEWED & APPROVED This 14*0111) nuts[ be eaiched to Change LiaJur ITICal q$en issued OCT the policy is wdlBy RISK MANACIEMENT DIVISION Ono of tlic Allianz. Global Risks US Comptmies as named in the policy OCT 09 2019 CA7018 10-14R Copyright 02014Alllanz Global Rinks US Insurance Company. All rights reserved. �I ' A h` �Lp"L' 1 of 9 2. Fonn CA0020 (if attached to this policy), Section 11 - Covered Autos liability Coverage, A. Coverage, 1, Who Is An Insured, item b.(2) is deleted, and F. is added as follows; f. Your employee or agent while using with your permission his owned private passenger type auto, or A private passenger type auto owned by a member of his or hor household, in your business or your personal affairs, provided you do not own, hire or borrow that auto. C. Additional iitswred Coverage and Waiver of Subrogation I. Form CA0001 (if attached to this policy), Suction 11 - Covered Autos Liability Coverage, A. Coverage, I. Who Is An Insured, the following is added as item e.; and form CA0020 (if attached to this policy), Section 11 - Covered Antos Liability Coverage, A. Coverage, I. Who Is An Insured; the following is added as item g.: Any parson or organization with respect to the operation, maintenance, or use, of a covered auto, provided that you and such person or organizalion have agreed under an expressed provision in a written insured contract or written agreement, or a written permit issued to you by a governmental or public authority, to add such person, organization, or governmental or public authority to this policy as an insured However, such person or organization is an insured (1) Only with respcot to the operation, maintenance, or use, of a covered auto; and (2) Only for bodily injury or property damage caused by an accident which lakes place after. (a) You executed the insured contract or written agrccnient; or (b) The permil has been issued to you. 2. Form CA0001 (if attached to this policy), Section IV - linsiness Auto Conditions, A. Loss Conditions, item 5.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, A. Loss Condi- tions, item G.; the following is added: Waiver of Subrogation If required by a: a, Written insured contract or written agreement executed prior to the accident; or b. Written permit issued to you by a governmental or public atuhority prior to die accident; we waive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage arising out of n covcrtd auto. D. Auto Medical Payments - increased Limit For each covered auto ctescribcd in the .Declarations or shown in the Schedule as having Auto Medical Pay- meus Coverage, the Medical Payments Limit of Insurance for those mttos is revised to the greater of L $5,000; or 2. The limit shown in the Declarations. E Hired Auto Physical Damage Coverage and loss of Use Expenses REVIEWED & APPROVED Hired Auto Physical Damage Cove age By Risk MANi!kgCMENT DIVISION If Physical Damage Coverage is provided by this policy on your owne I c Pi d tNdt ry�}i. following applies: CA701810-14R Copyright 452014AIIlanz Global Risks US Insurance Company. All rights reserved. V _.,. I'alge 2 of a) FRANCINE R. VILLAREAL Any auto that you lease, hire, rent or borrow without it driver, will be covered under this policy for Physical Damage Coverage. However, any such ante: I, Will be covered only for the sonic physical Damage Covcl:agc that applies to your owned covered autos; 2. Will be subioct to the Same applicable deductible shown in the Declarations (bat applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by fire or lightning; and 3. Tho most we will pay for any one loss in any one accident is the lessor of the following: A, Actual Cash Value of the damaged or stolcn property as of the time of the loss is determined by its; or b. The cost of repairing or replacing the damaged of stolen property with other property of like kind and quality. (it addition, we will pay costs and fees associated with such covered loss only for n maximum time period of seven days beginning with the date of loss. subject to it maxinnnn of $500. However: (1) If form CA0001 is attached to this policy, this coverage does not apply to autos yotl lease, hire, rout or borrow from any of your employees, partners (if you are it partnership), members (if you are a limited li- ability company) or members of their households; and (2) If form CA0020 is watched to this policy, this coverage does not apply to any privatepassenger type auto yen lease, hire, runt or borrow from any member ol'your household, any of your employees, partners (if you are it partnership), membcrs (if you are a limited liability company), or agents or members of their households, Hired Auto doss of Use Ixpenses Form CA0001 (if attached to this policy), Section III - physical Damage Coverage, A. Coverage, 4. Coverage 13xiension, b, Loss of Use Expenses; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extension, b. foss of Ilse Expenses; is deleted and replaced by the tbllowing: b, For hired Auto physical Damage, we will pay expenses for which an 'lusuredbecomes legally responsible to pay for loss of Ilse of a vehicle rented or hired without a driver, under a written rental contract or agrccmcnl. We will pay for loss of use expenses if caused by: (.1) Other than collision only if the DCCltnrmi0ne indicate t11111 Comprehensive Coverage is provided for any covered auto; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss is provided for any covered auto; or (3) Collision only if the Declarations indicate (hat Collision Coverage is provided for any covered auto. However, the most we will pay for any expenses for loss of use is $100 per day, to it maxintmm of $1,000. F. Coverage Territory- Hired Auto 1, Finn CA0001, firattached .to this policy), S"Ih)a 1V- BusitRE)Xjflt liilNt)f PPR0YEriDCondilions, 7. Policy Period, Coverage Tcri-kory, h,(;) is deleted and rcplij3,rlPhklM*AgMII91T Uivisim CA701810-14R ttry' 9 q Copyright t� 2014 Alllanz Clobal Risks US Insurance Company. All rights reserved, ?C 9 (\ page 3 Of 9 FRANCINE R. VILLAREAL (5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or bor- rowed without a driver for a period of 180 days or less, 2. Penn CA0020 (irattached to this policy), Section V - Motor Carrier Conditions, E. General Conditions, 7. Policy 'Period, Coverage Territory, b.(5) is deleted and replaced by the following: (5) Anywhere in the world if it covered auto of the; private passenger type is leased, hired, rented or bor- rowed without it driver for a period or 180 days or less, G. CornmunlcatiotEqulptnentCovetage Donn CA0001 (if attached to this policy), Section III -Physical Damage Coverage, C, Limits of Insurance, Paragraph Lb,; mid form CA0020 (if attached to this policy), Section 1V - Physical Damage Coverage, C, Limits of hnsareace, paragraph l.b.; is deleted and replaced by the following: b. All electronic equipment that reproduces , receives or transmits audio, visual or data signals in tiny one loss is $1,500, if, at the time of loss, such electronic equipment is: 11. 'Capes, Records, CDs and DVD Coverage The Physical Damage Coverage Section is amended its follows: 1, The exclusion referring to tapes, records, discs, or other similar audit, visual or data electronic devices designed for use with audio, visual or data electronic equipment does not apply. 2. Under Comprehensive Coveragi; - Fort CA0001 (if attached to this policy), Section Ill- Physical Damage Coverage, A. Coverage; and form CA0020 (if attached to this policy), Section IV- Physical Damage Coverage, A. Coverage; the following is added: We will pay for loss to tapes, records, discs or other similar devices used with audio, visual or data elec- tronic equipment. We will pay only if the tapes, records, discs or odicr similar audio, visual or data elec- tronic devices: a. Are your property, or that of it family nnembe; and b. Are in a covered auto at the time of a loss. The most we will pay for loss is $250. No deductible applies to this coverage. L Personal Effects Coverage Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Cover- age, 4. Coverage Extension; item c. is added as follows: c. Personal Effects Coverage We will pay up to $500 for loss for clothing items or other personal effects that are owned by an insured and are in a covered auto in the even of a covered loss. Personal Effects do not include audio visual or electronic devices, money, giRcards, securities, jewelry, or tools. This coverage is excess aver arty other collectible imilrarREVIEWED & APPROVED No deductible applies to this coverage. By Risk MANAlGEMENT DIVISION cA7016 t0.14n OC. ti 9 .2019 Copyright -14R Allianz GloUul nisks U3 Insurance Company. All rights reserved. Page 4 of 9 FRANCINE R. VILLAREAL I. Airbag Coverage Form CA0001 (if attached to this policy), Section iII - Physical Damage Coverage, B. Exclusions, 3a.; and forth CA0020 (it' attached to this policy), Section IV - Physical .Damage Coverage, B. Exclusions, 3.a.; the Following is added: however, mechanical breakdown does not mean the tmintended discharge of an nirbag, provided that any toss covered under this provision is excess over any other collectable insurance or warranty designed to cover such unintended discharge. K. Rental Rclwbursattteut Fonn CA0001 (if attached to this policy), Soclion Ill - Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; and form CA0020 (if attached to this policy). Section IV - Physical Damage Coverage, A. Cover- age, 4. Coverage Extension; ileltl d. is added as follows: d. Rental Reimbursement or Transportation Expenses If lass oceurs to a covered onto described or designated in the Declarations or Schedule and covered for Physical Damage Coverage, we will pay liar rental expenses for the rental of a similar replacement auto and additional transportation expenses, incurred by you. This payment applies in addition to the otherwise applicable ntnount of each coverage you have on the covered auto. No deductible applies to this coverage. However: (1) We will pay only for those expenses incurred by you that begin 24 hours after the covered loss. (2) We will ccase paying for those expenses, regardless of the policy's expiration date, at the earlier of the Following dittos: (a) The number of days reasmtably required to repair or replace the covered auto. If loss is caused by theft, this number of days is added to the turntber of days it takes to locate and return the covered auto to you; or (b) 45 days from the date this coverage begins. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred by you; or (b) $1,500. (4) This coverage does not apply while there are spare or reserve autos available to you for your oper- ations. (5) It' loss results from the total there of a covered primate passenger type. auto (if CA0020 is attached to this policy). or it covered privale passenger auto (if CA0001 is attached to this policy), we will pay under this coverage only that tnnounl of your covered rental expenses or additional transportation expenses which are not already provided fin• under ilia Physical Damage Coverage Extensions. L. Extended Towing Coverage I. Form CA0001 (if attnehcd to this policy), Section Towing, is deleted and replaced by the following: CA7018 '10-14R Copyright 02014AIllanz Global Risks US Insurance Cornpany. All rights resurved. 11 P All D tltsa re Clivera ra, A. Covettige, 2, Y Rink Mn MENi �PRDMSION ON `6 OCT 09 2019 Page 5 of 9 FRANCINE R. VILLAREAL 2. Extended 'lowing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However: a. All labor most be performed at the place of disablement; and b. I the covered auto is of the private passenger type, no deductible applies; and c. If the covered auto is not of the private passenger type, our obligation to pay will be reduced by a S250 deductible per disablement. d, If the covered auto is riot of the private passenger type and the disablement results from a loss covered under Section III - Physical Damage Coverage, A. Coverage, Paragraphs 1, It,, b., or c., there is no separate deductible for site Extended '['owing Coverage. For purposes of this coverage, disablement means a breakdown of the covered auto including me- chavical breakdown, engine failure, or tire blowout, where .repairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair. 2. Fonn CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A. Coverage, 2, Towing - Private Passenger Aram, is deloted and repluood by the following; 2. L'••xtended 'towing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However: a. All labor most be poriorined at the piece or disablement; alul b, If [he covered auto is of the private passenger type, no deductible applies; nod a If the covered auto is not of the, privatepassenger type, our obligation to pay will be reduced by a $250 deductible per disablement. d. If the covered auto is not of the private passenger type and the disablement results front a loss covered under Section IV - Physical Damage Coverage, A. Coverage, Paragraphs 1, a., b, or c., there is no Separate deductible for the Extended Towing Coverage. For purposes of this coverage, disablement deans a breakdown of [lie covered auto including me- chanical broakdown, engine failure, or tire blowout, where repairs cannot be made roadside and it low is required to remove the auto front the roadway and to seek additional services and repair, M. Cancellation - 120 Days Notice If we cancel this policy f'or any reason other than nonpayment of premium, we will snail or deliver to the first Named Insured at the last mailing address known to us, written notice of cancellation at least 120 days prior to the effective date of cancellation. N. Supplementary Payments - Increased Limits Section Il - Covered Allies Liability Coverage, 2. Coverage Extunsions, a. Supplementary Payments, items (2) and (4) are deleted and replaced by the following: I 4 r[��'vI�j�Cii{ TVICi ED (2) Up to S2,500 for the cost of bail bonds (including Bomb r t • vPPRrequired because of an accident we cover. We do not have to lilrnish Ihosc holls. (� CA701e 10-14R OCT09 2019 Copyright 02014AIllanz Global Risks Us "srrance Company. All rights reserved. Page b of9 4�9� (4) All reasonable expenses incurred by the insured at our request, including substantiated loss of earnings up to $500 it day, because of time off front work; 0. Duties In The Event Of Accident, Clain, Suit Or Loss - Amended Form CA0001 (if attached to this policy) Section IV - Business Auto Conditions, A. Loss Conditions, hem 2„ a.; and form CA0020 (if attached to this policy) Section V - Motor Carrier Conditions, A. Loss Conditions, item 2. a.; is deleted and replaced by the following: it. In the event of accident, claim, suit or loss, you must promptly notify, us or our authorized representative when it becomes known to; (1) You, ifyou are an individual; (2) Your partner or member, if you are it partnership or joint venture; (3) Your member, if you are a limited liability company; (4) Your executive officer if you arc an organization other than it partnership, Joint venture or limited li- ability company, or (5) Your authorized representative; or insurance manager. Knowledge of an accident, claim, stilt or loss by other persons does not imply that the persons listed above have such knowledge. Notice should include: (i) blow, when and where the accident or loss occurred; and (b) The linsnred'snarnc and address; and (c) To the extent possible, the names and addles orally injured persons and witnesses. P. Unintentional Failure to Disclose Hazards Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, item 2.; and form CA0020 (if attached to this policy), Section V - Motor C:arrierConditions, H. General Conditions, item 2.; the following is udded: However, if you unintentionally I'ail to disclose any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renowal. Q. bellow Employee Coverage Section 11 - Covered Autos Liability Coverage, B. Exclusions, 5. Fellow Iimployee, tlic following is added: However, this exclusion does not apply if the bodily injury mesults from the use of n covered auto you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. R. Limited Mexico Coverage WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJEcr 'CO THE VIREXICO y��ONLY - NOT T'HE LAWS OF TH UNITED STATES OF AMIRICA. THE REI' tt��114YITi�(�( OV11.1(�'1 S ANY AU`f0 ACCII)LNT A C'RIR91NA1. OFFIiNSL AS WELL AS �flrt'LZmmrUivISIpN cA701a copyright Q; 20t 020 /J.l jt OCT 0 9 2019 14 Allianz Global Risks US insurance Company, All rights resnrvod. g �il e 7 of 9 FRANCINE R. VI1LAREAL IN SOME CASES THE COVERAGE PROVIDED IIERE MAY NOT BE' RIiCO0NIZLD BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVER- AGE' AT ALL IN MEXIC:O. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGEFROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING IN MEXICO. THIS ENDORSEMENT DOES NOT APPLY I'D ACCIDENTS OR LOSSES WHICH OCCUR OUT- SIDE OF 25 MILES FROM THE BORDER OF "'T11E UNITED STATES OF AMERICA. Form CA0001 ('if attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, item 7.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, dear 7.; the following is added: The coverage territory is extended to include Mexico, but only: (i) For accidents or losses occurring within 25 miles of the United Stales border; and (ii) For trips into Mexico of. 10 days or less; and 010 If the covered auto is principally garaged and principally used in the United Stales; and (iv) If the insured is at resident of the United States. If a loss to a covered auto occurs in Mexico, we pay for such loss in the United States. If the covered auto roust be repaired in Mexico in order to be driven, we will not pay ror more than the actual cash value of such loss as determined by its at the nearest United States point where the repairs can be made. Any insurance provided under this provision will be excess over oily other collectible insurance. S. Extended Class Coverage Form CA0001 (if altached to this policy), Section Ill. - Physical Damage Coverage, A. Coverage, item 3.a.; and form CA0020 (if attached to this policy), Section IV . Physical Damage Coverage, A. Coverage, item 3.a.; is deleted and replaced by the following: a. Glass breakage. Ir glass trust be replaced, the deductible will be S100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You ]rave the option of having the glass repaired rather than replaced. T. Broadened Definition of Bodily Injury Form CA0001 (if attached to this policy), Section V - Definitions, itelro C.; and form CA0020 (if attached to this policy), Section VI - Definitions, item C.; is replaced by the following: C. Bodily injury means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any (line. Mental anguish means may type of mental or emotional illness or disease. l . Customer Lease or Leon Physical Danurge Coverage Extension Form CAOQ01 (if attached to this policy), Section III - Physical Damage Coverage, C. Limits of Insurance; and form CA0020 (if altached to this policy), Section 1V - Physical Darnage Coverage, C. Limits of Insurance; item 4. is added as follows: 4. If your covered owned auto is: (1) Shown in the Schedule :fiat designated as covered for 1�ti `�� �� & xowV6 (2) Shown in this policy its having it loss payee or additioihy i�.ltlhQMR�ISifitEa2FiiT DIVISION CA701810-14n:.-.09a�9 ,. Copyright 1.2014nkrix Global Risks US Insuranw Company.. All rights reserved. �c S of 9 FRANCINE R. VILLAREAL (3) Incurs a covered total loss; we will pay the greater of: (a) The actual cash value, as determined by us, of Clio damaged or stolen property as of the time of the total loss; or (b) The outstanding indebtedness under the initial finance agreement for Clio covered Auto and its equip- ment. As used here, outstanding indcbtedness mcnns the amount you owe ohm the finanoc agreement at the time of total loss: (i) Less any amounts representing taxes, overdue payments, penalties, interest, or charges resulting from overdue payments, additional mileage, excess wear and tear, or lease termination fees; end (h) Less tiny administrative costs or overhead fees assessed by the .finance company who has leased the covered auto to you; Cold (iii) Less security deposits not returned by the lessor; and (iv) Less costs for extended warranties, Credit Life insuranco, licalth, Accident or Disability Insurance purchased with the loot) or Icaso; and (v) Less carry-over balances from previous loans or leases. V. Two or More Deductibles 1. Section III - Physical DA tinge Coverage D. Deductible, of forin CA0001 (if attached to this policy), the following is added: If another Fireman's Fund Insurance Company policy or coverage form that is not an automobile policy or coverage form applies to the Sank accident or loss, the following applies: (1) If the deductible under this Business Auto Coverage Form is the lesser (or least) deductible, it will be waived. (2) If the deductible under this Business Auto Coverage Form is not the lesser (or least) deductible, it will be reduced by the amount of the lesser (or leaso deductible. 2. Section IV - :Physical Damage Coverage, D. Deductible of form CA0020 (if attached to this policy), the Following is added: If another Fireman's Fund Insurance Cunlpany policy or coverage foam that is not an automobile policy or coverage form applies to the same accident or loss, the following applies: (1) If the deductible under dais Motor Carrier Coverage Form is the lesser (or least) deductible, it will be waived. (2) If the deductible under this Motor• Carrier Coverage Form is not the lesser (or least) deductible, it will be reduced by the amount of the lesser (or least) deductible. All other terms and conditions or the polity remain unchanged. REVIEWED &°APPROVED By Risk MANACIEMENT MISION CA7018 i k020 (ihT O Q q p Copyright it,^2014 Alllanz Global Rusks US Insuranc:u Cornpuny. All rights reserved. ;,:" \�'1�-�t(J+V v Lo1,7 Pfl�!C 9 Of 9 Q ��it� FRANONE R. VILLAREAL