CBM Consulting Inc (2012) Arterial Rehab CITY OF RANCHO PALOS VERDES
DESIGN PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 18th day of
September, 2012 by and between the City of Rancho Palos Verdes (hereinafter
referred to as the "CITY") and CBM Consulting (hereafter referred to as
"CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as the Arterial Roads Rehabilitation Project FY11-
12, Palos Verdes Drive East.
1.2 Description of Services
CONSULTANT shall provide professional engineering services to design
pavement resurfacing treatments for Palos Verdes Drive, as described in the CITY's
Request For Proposals, which is attached hereto as Exhibit "A" and incorporated herein
by this reference, and in CONSULTANT's Proposal, which is attached hereto as Exhibit
"B" and incorporated herein by this reference. In the event of any conflict between the
terms of this Agreement and incorporated documents, the terms of this Agreement shall
control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
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ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed one
hundred fifty nine thousand six hundred ninety dollars and no cents ($159,690.00) for
services as described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
CBM Consulting, Inc.
1411 West 190th Street, Suite 525
Gardena, CA 90248
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10) days of the receipt of each invoice. However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.4 Additional Services
CITY may request additional specified work under this Agreement. All such
work must be authorized in writing by the CITY's Director of Public Works prior to
commencement. CONSULTANT shall perform such services, and CITY shall pay for such
additional services in accordance with CONSULTANT's Schedule of Hourly Rates,which is
within Exhibit "B." The rates in Exhibit "B" shall be in effect through the end of this
Agreement.
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2.5 Term of Agreement
This Agreement shall commence on September 19,2012 and shall terminate
on December 31, 2013, unless sooner terminated pursuant to Article 4 of this Agreement.
Additionally, there shall be a one-year option to renew the Agreement with the mutual
written consent of both parties.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification, Hold Harmless, and Duty to Defend
(a) Indemnity for Design Professional Services. In connection with its
design professional services, CONSULTANT shall hold harmless and indemnify CITY, and
its officials, officers, employees, agents and independent contractors serving in the role of
CITY officials, and designated volunteers (collectively, "Indemnitees"), with respect to any
and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or
expenses, including reimbursement of attorneys' fees and costs of defense (collectively,
"Claims" hereinafter), including but not limited to Claims relating to death or injury to any
person and injury to any property, which arise out of, pertain to, or relate to in whole or in
part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its
officers, employees, subcontractors, or agents in the performance of its design
professional services under this Agreement.
(b) Other Indemnities. In connection with any and all claims, demands,
causes of action, damages, injuries, liabilities, losses, costs or expenses, including
attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by
Section 3.1(a), CONSULTANT shall defend, hold harmless and indemnify the Indemnitees
with respect to any and all Damages, including but not limited to, Damages relating to
death or injury to any person and injury to any property, which arise out of, pertain to, or
relate to the acts or omissions of CONSULTANT or any of its officers, employees,
subcontractors, or agents in the performance of this Agreement, except for such loss or
damage arising from the sole negligence or willful misconduct of the CITY, as determined
by final arbitration or court decision or by the agreement of the parties. CONSULTANT
shall defend Indemnitees in any action or actions filed in connection with any such
Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all
attorneys' fees and experts' costs actually incurred in connection with such defense.
Consultant's duty to defend pursuant to this Section 3.1(b)shall apply independent of any
prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of
Indemnitees.
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(c) All duties of CONSULTANT under Section 3.1 shall survive termination
of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars($2,000,000)general aggregate for bodily injury, death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement. Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars($1,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims
made" policy is provided, such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed. Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three(3)years or by a
three-year extended reporting period endorsement, which reinstates all limits for the
extended reporting period. If any such policy and/or policies have a retroactive date, that
date shall be no later than the date of first performance of work or services on behalf of the
CITY. Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars($1,000,000)per claim and occurrence and
two million dollars($2,000,000) in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000) for property damage arising from one
incident.
3.5 Worker's Compensation
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CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled by the insurance carrier without thirty (30) days prior written notice to
CITY, or ten (10) days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
(b) CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect, CITY may either immediately terminate this Agreement or, if
insurance is available at a reasonable cost, CITY may take out the necessary insurance
and pay, at CONSULTANT's expense, the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts. The commercial general liability policy shall contain
endorsements naming the CITY, its officers, agents and employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90)
days prior written notice. Notice shall be deemed served if completed in compliance with
Section 6.14.
(b) In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
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in an amount to be determined as follows: for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount
equal to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items; provided, in no event shall the amount of
money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANT for the full performance of the services described
in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents, plans, specifications, reports, information, data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products") shall be and remain the property of the
CITY without restriction or limitation upon its use, duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire," and all Written Products
and any and all intellectual property rights arising from their creation, including, but not
limited to, all copyrights and other proprietary rights, shall be and remain the property of the
CITY without restriction or limitation upon their use, duplication or dissemination by the
CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists, including computer software, used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials,officers,
employees, servants, attorneys,designated volunteers, and agents serving as independent
contractors in the role of CITY officials, harmless from any loss, claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal, state
or local laws, or any contractual provisions, or any laws relating to trade names, licenses,
franchises, copyrights, patents or other means of protecting intellectual property rights
and/or interests in products or inventions. CONSULTANT shall bear all costs arising from
the use of patented, copyrighted, trade secret or trademarked documents, materials,
equipment, devices or processes in connection with its provision of the services and
Written Products produced under this Agreement. In the event the use of any of the
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Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined, CONSULTANT, at its expense,
shall: (a) secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction, or by procuring a license or licenses for CITY;
or (b) modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement. This
covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of the
Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of
1992 (42 U.S.C. § 11200, et seq.).
6.3 Personnel
CONSULTANT represents that it has, or shall secure at its own expense, all
personnel required to perform CONSULTANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing. CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSULTANT be
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responsible for its associates and subcontractors' services.
6.4 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a)CONSULTANT is
licensed, qualified, and capable of furnishing the labor, materials,and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement; b)there are no obligations, commitments, or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement; and c) to the
extent required by the standard of practice, CONSULTANT has investigated and
considered the scope of services performed, has carefully considered how the services
should be performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve(12) months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules. Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b) If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
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6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
Notwithstanding the above, CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ, when it is appropriate and customary to
do so. Such persons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set
forth, and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in
any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify
and hold the CITY harmless from any and all taxes, assessments, penalties, and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement. CONSULTANT shall fully comply with the workers' compensation law
regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
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part of the Agreement.
6.10 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by the CITY of any payment to
CONSULTANT constitute or be construed as a waiver by the CITY of any breach of
covenant, or any default which may then exist on the part of CONSULTANT, and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
6.14 Notice
Except as otherwise required by law, any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received
on (a) the day of delivery if delivered by hand or overnight courier service during
CONSULTANT's or CITY's regular business hours or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses listed below,
or at such other address as one party may notify the other:
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To CITY:
James Hendrickson, Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Chuck Stephan
1411 West 190th Street, Suite 525
Gardena, CA 90248
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: CBM CONSULTING
("CONSULTA '
By:
Printed Name: CHI/CK s TFPN A
Title: V . PRE 5 i D E ,v 1
By' 0 Printed Name: DCRQ '/ f(AcfrjA N 0 N
Title: v. PRSIbEAJT
/0Aa1/4042_____DCITY OF RANCHO PALOS VERDES
("CITY")
By:
1011°.......•�� •
Mayor
ATTEST: APPROVED AS TO FORM:
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By. • By:
City Clerk City Attorney
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Exhibit "A"
CTYOF I (HALOS VERDES
PUBLIC WORKS DEPARTMENT
July 21, 2012
City of Rancho Palos Verdes
Request for Proposal for
Engineering Design Services
The City of Rancho Palos Verdes requests proposals from selected qualified civil
engineering firms to provide design services related to the Arterial Roads
Rehabilitation Project FY 11-12 - Palos Verdes Drive East Project.
To be considered for this project, submit four (4) copies of the proposal to the
Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA
90275, Phone number (310) 544-5252, no later than 4:00 PM, on Friday, August 24,
2012.
The pavement management plan has made preliminary recommendations for
rehabilitation options as shown on the attached exhibit. The City wishes to obtain
services to prepare and begin to rehabilitate the roadway based upon budget
constraints and pavement design principles.
The City's budget for the proposed project is $2M. It is the City's desire to begin
constructing improvements as soon as practical.
The scope of work is defined below.
SCOPE OF WORK
FIELD INVENTORY/PAVEMENT ANALYSIS
A field inventory shall be conducted to review the preliminary analysis and to make a
final recommendation as to the preferred method of rehabilitation as identified in Exhibit
A. The Design Consultant shall deliver a written report of findings and
recommendations generated from the field inventory.
Aerial survey has been completed for the project area. Some survey may be needed to
finalize design at specific areas.
DESIGN SERVICES
1- Civil Design Services
30940 HnwtHORnE Bout EvaRD/RANCHO I'1aL05 VFRDF$GA 90275-5391/(310)544-5252/FAx(310)544-5292/WWWPALOSVERDES.COM/RPV
PRIM ED ON RECYCLED PAPER
Exhibit "A"
City of Rancho Palos Verdes
Request for Proposal
Arterial Roads Rehabilitation Program FY 1 l-12
7/21/2012
Page 2 of 8
The units of quantities shall include:
Crack Sealing LF of street
Patching SF of patching
Asphalt Rubber Concrete Tons
Construct new Curb and Gutter LF
Remove and replace damaged Curb and Gutter LF
Remove and replace asphalt berms
Repair Asphalt Walkways
Cross-gutter SF
ADA Ramp EACH
Cold Mill SF
Adjust manhole EACH
Slurry Seal Type II with 2-1/2% latex E.L.T.
Centerline tie restoration EACH
Traffic Loop Detector EACH
Traffic Striping, markings, legends and RPM's L.S.
Removal and Paint House Number EACH
Re-establish flow line LF
Inventory of damaged/faded traffic and street signs EA
The locations of patching, ADA Ramps, remove and construct cross-gutter per
APWA std. Plan no. 122-1 and construction of new and reconstructed curb and
gutter shall be marked in the field and an inventory of locations by street address
shall be prepared. Include inventory of damaged traffic and other street signs
and show the locations on the plans. Also note locations of street repair and curb
and gutter repair due to root or other damage.
Proposals shall include reviewing the existing pavement condition and making a
recommendation as to the proposed overlay thickness or if reconstruction is
recommended.
(a) Review existing records
Proposal shall include time to review existing records, including but not limited to
the existing street construction plans, traffic plans, storm water runoff facility
plans, street base maps and tax assessor maps. A number of these documents
are on file with the Public Works Department.
(b) Prepare construction plans as follows:
All sheets are to be prepared in plan view only at 1" = 40' scale, with details as
listed below, and as necessary to construct.
Exhibit "A"
City of Rancho Palos Verdes
Request for Proposal
Arterial Roads Rehabilitation Program FY 11-12
7/21/2012
Pagc 3 of 8
For roadway segments that require reconstruction: Plan and profile sheets are
required. Plans shall be at a 1" = 40' scale, shall include details as listed below
and as necessary to construct.
Plans for the overlay and reconstruction shall include the following details:
• Pavement thickness and calculations
• Location of fabric material if applicable
• P.C.C. access ramps, in accordance with City and ADA standards
• Reconstruction of P.C.C. curb & gutter which may cause major
disturbances in the street's ability to convey water runoff properly
• New curb and Gutter construction where no curb and gutter exist.
• Asphalt Concrete leveling course and/or patching to address local failures
and deformations
• Areas to be removed and reconstructed, ie. areas to be patched
• Areas to be Crack Sealed
• Areas of grinding (Curb Lines, Cross Gutters, Joins, Street
Crown/Elevation Adjustments (if necessary))
• A method to maintain the drainage pattern and improve the condition of
the paved shoulders and/or A.C. curb of streets without traditional P.C.C.
curb & gutter
• Locations of root barrier where applicable
• Utilities manholes, water & gas valves, and other utility access facilities
within the overlay limits
• Traffic striping
• Inventory of damaged/faded traffic and street signs
At this time it appears that there are no street segments that will require
reconstruction. It is possible, however, that upon review, some areas may
require reconstruction. Accordingly, proposals shall include a per sheet additive
cost to accommodate this uncertainty.
All plans shall be delivered to the City in both printed and electronic formats.
Electronic submittals shall include *.pdf and *.dwg files and shall be compatible
with the City's GIS system.
(c) Prepare Engineer's Estimate.
(d) Prepare technical specifications and special provisions.
Specifications shall be delivered to the City both in printed format and on CD. All
documents shall be prepared in Microsoft Word format. Any other computer
generated documents, including plans and calculations, shall be submitted on
CD in a format acceptable to the City of Rancho Palos Verdes (i.e. spreadsheets
- Microsoft Excel and CAD drawings - AutoCAD ).
Exhibit "A"
City of Rancho Palos Verdes
Request for Proposal
Arterial Roads Rehabilitation Program FY 11-12
7/2112012
Page 4 of 8
Specifications for this project shall contain requirements of the contractor
consistent with the provisions of the National Pollutant Discharge Elimination
System (NPDES) and the Clean Water Act.
(e) Attend Design Team meetings.
Attend periodic meetings with City staff during the design phase.
(f) Final Deliverables & As builds
Prepare one set of reproducible plans for construction. At the end of the
construction, prepare "As-Built" mylars and submit final drawings electronically
on CD in CAD & PDF formats at the close of the project
Clerical services and materials to carry out items 1&2 above shall be incorporated into
the costs of the appropriate items.
FORM OF PROPOSAL
The Proposal shall be prepared in a "two sealed envelope" format.
The first sealed envelope shall contain the technical proposal and shall include:
1. Qualifications and experience of the firm
2. Qualifications and experience of the key individual assigned to this contract.
3. Project Approach utilizing the outline of required work as listed above
4. Schedule of activities and deliverables
The second envelope shall contain the cost proposal and shall be outlined as indicated
below:
Item Amount Comments
Field Inventory/Pavement Analysis $ Time and Materials not to
exceed amount
Item 1- Civil Design Services Time and Materials not to
(a) Review Existing Records $ exceed amount
(b) Prepare Construction Plans $
(c) Prepare Engineer's Estimates $
(d) Prepare Technical specifications and $
special Provisions
(e) Attend Design Team Meetings $
(f) Final Deliverables & As builts $
GRAND TOTAL $
Exhibit "A"
Cit.of Rancho Palos Verdes
Request for Proposal
Arterial Roads Rehabilitation Program FY 11-12
7/21/2012
Page 5 of 8
EVALUATION PROCESS
Technical proposals received will be evaluated on the following criteria:
1 . Experience of firm in performing this type of service.
2. Relevant experience of individual team members assigned to the project.
3. Understanding of project as demonstrated by the thoroughness of the
proposal, the introduction of innovative or cost-saving ideas and the approach
to the study or design.
4. References from clients for whom similar work was performed.
5. Depth of staff available to perform services.
6. Previous work in RPV performed by the firm.
7. Previous work in RPV performed by members of the team.
8. Project Schedule.
9. Interview (if applicable)
All questions are to be submitted in writing to City of Rancho Palos Verdes Department.
of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Attention:
Nicole Jules. Questions may be submitted via fax to (310) 544-5292 or e-mail to
nicolei(a�rpv.com
Please note that the responses to this request for proposal are subject to the following
conditions:
Insurance
The City of Rancho Palos Verdes requires the selected firm to have a minimum of
$1,000,000.00 of professional errors and omissions insurance and a minimum of
$1,000,000.00 of automobile liability insurance prior to entering into an agreement with
the City.
Acceptance of Terms
Submission of a proposal shall constitute acknowledgment and acceptance of all terms
and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the
proposal.
Exhibit "A"
City of Rancho Palos Verdes
Request for Proposal
Arterial Roads Rehabilitation Program FY 1 1-1 2
7!2112012
Page 6 of 8
Right of Rejection by the City
Not withstanding any other provisions of this RFP, the City reserves the right to reject
any and all proposals and to waive any informality in a proposal.
Financial Responsibility
The proposer understands and agrees that the City shall have no financial responsibility
for any costs incurred by the proposer in responding to this RFP.
Interview
If successful, the proposer will be invited to participate in an interview. The interview will
be a part of final selection process.
Award of Contract
The selected firm shall be required to enter into a written contract with the City of
Rancho Palos Verdes, in a form approved by the City Attorney, to perform the
prescribed work. This RFP and the proposal, or any part thereof, may be incorporated
into and made a part of the final contract; however, the City reserves the right to further
negotiate the terms and conditions of the contract with the selected consultant. The
contract will, in any event, include a maximum "fixed cost" to the City of Rancho Palos
Verdes.
Conferences During the Proposal Preparation Period
As of the issuance date of this RFP and continuing until the time for submitting proposal
has expired, the City will provide relevant information and access to City facilities and
documents as necessary for all proposers to familiarize themselves with the
requirements set forth in the RFP. Access to City facilities shall be during normal
business hours and will require at least twenty-four (24) hours advance notice.
Number of Copies Required
The proposer must submit four (4) copies of the proposal.
Proposals must be received by the Department of Public Works, 30940 Hawthorne
Blvd., Rancho Palos Verdes, CA 90275, Phone number (310) 541-5252, by the
deadline indicated in this RFP.
Exhibit "A"
City of Rancho Palos Verdes
Request for Proposal
Arterial Roads Rehabilitation Program FY 11-12
7/21/2012
Page 7 of 8
Exhibit A
Arterial Roads Rehabilitation -- Palos Verdes Drive East
FY 11-12 Program
Roadway Segment From To L W
Palos Verdes Drive East PVDS Crest Road 10,025 32-54
Palos Verdes Drive East Crest Road Miraleste Plaza 7,115 32-54
Palos Verdes Drive East Miraleste Plaza Roan Drive 6,565 32-60
Palos Verdes Drive East Roan Drive North City Limits 7,095 32
Exhibit "A"
City of Rancho Palos Verdes
Request for Proposal
Slurry Seal and Overlay Design
9/6/2012
Page 8 of 8
Exhibit A
Arterial Roads Rehabilitation Project
FY 11-12 Program
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Exhibit "B"
1411 W. 190th St.,Suite 525
KOA CORPORATION Gardena,CA 90248
t. 310.3 29.0102 f: 310.3 29.1021
C BM Consulting www.koacorporation.com
August 21, 2012
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Nicole Jules
RE: Proposal for Palos Verdes Drive East Rehabilitation
Dear Ms.Jules:
CBM Consulting, Inc. ("CBM"), a wholly owned subsidiary of KOA Corporation ("KOA"), appreciates
the opportunity to submit qualifications to the City of Rancho Palos Verdes for Civil Design services.
CBM has the expertise and resources required to assist the City of Rancho Palos Verdes for the design
of the City's Palos Verdes Drive East Rehabilitation in a timely and efficient manner. We are committed
to working seamlessly with your staff and project team to ensure the successful delivery of this project.
CBM has teamed with KDM Meridian to provide services for this project.
The CBM team, our project systems, and our entire management structure are geared to providing
flexible services to agencies such as yours. Descriptions of similar projects and respective references for
these projects are included in our proposal. We assure that our key personnel will be assigned to the
project for its duration and will not be removed or replaced by us without concurrence from the City
of Rancho Palos Verdes. Every member of our proposed team is available to be committed to the
projects assigned to us beginning the start date.
Chuck Stephan, P.E., LEED AP will be the Management Contact and Project Manager for this contract.
The contract would be managed though the South Bay office at 1411 W. 190th Street, Suite 525,
Gardena, CA, 90248; Phone: 310.329.0102; Fax: 310.329.1021; Email: cstephan@koacorporation.com.
Thank you for this opportunity to offer our services to the City of Rancho Palos Verdes. Should you
have questions during the selection process, please contact me at 310.329.0102.
Sincerely,
CBM Consulting, Inc.
Chuck Stephan, P.E. (CA RCE C50481)
V.P. of South Bay Operations
LOS ANGELES ONTARIO ORANGE SAN DIEGO SOUTH BAY
Exhibit "B"
City of Rancho Palos Verdes
Palos Verdes Drive East Rehabilitation Table of Contents
Proposal
for the
City of Rancho Palos Verdes
Engineering Services
for the
Palos Verdes Drive East Rehabilitation Project
I. KEY INDIVIDUALS 3
! . I: ;JIIJIIIIP!I4IIO:AATIONCHART3
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a.
'`;i',-': ,;iit,,..1. l ' 1.2 PROJECT MANAGER 4
t 1 ._,. l!III:i : a
�- �•�� _ - 1.3 PROJECT TEAM 6
'tif fI? 2. FIRM EXPERIENCE
A
I
_ 2.1 FIRM PROFILE I I
. -` ` 2.2 PROJECT EXPERIENCE 12
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- 2.3 REFERENCES 16
.�` '' J...._.,,,_
71.111111111111111
_ - 3. APPROACH AND SCOPE OF WORK 17
!'� �f...Lam.._ � ..-
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3.I PROJECT APPROACH 17
4. FEE SCHEDULE 23
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PII KOA CORPORATION
Page 2
CBM Consulting
City of Rancho Palos Verdes Exhibit "B"
Palos Verdes Drive East Rehabilitation I. Key Individuals
. Key Individuals
CBM proposes Chuck Stephan, P.E. as the design engineer and manager for the Palos Verdes Drive
East Rehabilitation Project. Chuck has extensive experience with arterial street pavement rehabilitation
and improvement projects, conventional and ARHM pavement materials. Christine Kaskara, P.E. will
assist Chuck with CAD and field engineering tasks. Christine is SWPPP QSD/QSP certified and will
provide the required stormwater protection provisions in the plans and specifications. Cris Cole and
Scott Neumann will provide field inspection and constructability oversight services for this project.
KDM Meridian has already performed the preliminary topographic survey work for the entire project
area. We anticipate that some additional detailed survey work will be required to complete the
construction plans, and propose utilizing KDM for those services.
GeoEnvironmental Inc. has already completed the geotechnical engineering investigation and
evaluation for the project area. We do not anticipate that any additional services will be needed.
I.I ORGANIZATION CHART
Principal Project Manager/
Senior Engineer
Chuck Stephan, P.E., LEED AP
KOA Firm Principal
Senior Design I Project Manager
Engineering Survey Engineering Design Field Quantities
Rich Maher, PLS Christine Kaskara, PE, QSD Scott Neumann, QSP
Principal Surveyor Design Engineer Construction Manager
Patrick Earl, PLS Kevin Wakefield, EIT Crispen Cole
Survey Manager Assistant Design Engineer Senior Construction Inspector
KDM Meridian CBM Consulting CBM Consulting
Fikr KOA CORI'()RA 1 I()\
C!3\1 c on%ulting Page 3
City of Rancho Palos Verdes Exhibit "B"
Palos Verdes Drive East Rehabilitation I. Key Individuals
1.2 PROJECT MANAGER
CHUCK STEPHAN, PE, LEED AP
VP of South Bay Operations Education
Principal-In-Charge / Design Engineer / Project BS, Agricultural Engineering, California
Manager Polytechnic State University, San Luis
Obispo (I 982)
Professional Experience
Chuck Stephan has thirty years of extensive experience in Year Entered Profession
civil engineering design and project management on projects 1982
for many municipalities and private firms. He has diverse Year Started with Firm
project experience in planning, design, management, and 2000
construction of transportation, educational, institutional,
industrial, aerospace, municipal, residential and commercial Registrations
projects. Mr. Stephan works in multiple capacities as Prof Engineer (Civil) CA #C50481
Principal-In-Charge, project manager, project engineer, lead (I 993)
engineer, design engineer, and construction engineer in Prof Engineer (Civil) OR #1872PE
both the civil and construction management disciplines. (I 995)
Prof Engineer (Civil) HI# PE-8432(CE)
• Specializing in Project Management, Civil (1996)
Engineering Design, and Construction Management
for municipal Capital Improvement Projects, LEED Accredited Professional (2007)
including pavement design and rehabilitation; ADA
improvements; water pipelines; storm drain and Professional Affiliations
sanitary sewers; medians and landscaping; parking American Public Works Association
lots; site improvements; plan checking; NPDES American Society of Civil Engineers
requirements.
• Providing staff assistance to municipal engineering departments on temporary or part-time basis
as needed; provide staff training in project management, design, and construction management
skills.
• Manage various funding sources including local, state, and federal-aid projects; SR2S; SRTS; STPL;
various grant applications and reimbursement requests.
Project Experience
Arterial Roads Rehabilitation Project Fiscal Year 2010-2011, Rancho Palos Verdes, CA:
Project Manager & Design Engineer. Prepared Plans, Specifications and Estimate for the rehabilitation of
Palos Verdes (PV) Drive South in the City of Rancho Palos Verdes. PV Drive South is a challenging
arterial highway winding along the bluffs of the Palos Verdes peninsula overlooking the Pacific Ocean.
The street varies from a fully developed 4 lane divided highway with bicycle path, to a 2 lane highway
over unstable creeping subgrade soils. Rehabilitation strategies included selective removal and
replacement (R&R) areas, asphalt rubber hot mix (ARHM) and conventional asphalt overlays, and
microsurface application. Work included the relocation and improvement of bus pads and shelters,
retaining walls, PCC repairs, striping and markings. A comprehensive traffic sign field review and
replacement plan was prepared to bring all traffic signs into uniformity and conformance with MUTCD
requirements. Construction Cost $2,000,000.
KOA Colt Poitxl ION
CBM Consulting Page 4
City of Rancho Palos Verdes Exhibit "B'
Palos Verdes Drive East Rehabilitation I. Key Individuals
Residential Streets Improvement Project, FY2009-2010 Area 4 and Area 8, Rancho Palos
Verdes, CA: Project Manager & Design Engineer. Prepared Plans, Specifications and Estimate for the
rehabilitation of various residential streets in the City of Rancho Palos Verdes. Project included Type II
Slurry Seal and Cape Seal rehabilitation methods, associated concrete curb, gutter, sidewalk, and curb
access ramp construction, and replacement of signs, striping and markings. Construction Cost $2M.
City of La Habra Engineering Services — Program Management, Project Management,
Design, Construction Management, La Habra, CA 2003 to Present: Provided engineering
services to the City of La Habra Department of Public Works for the management, design, and
construction of various public works capital improvement projects and studies. Projects included annual
pavement rehabilitation projects and annual water main replacement projects.
Residential & Arterial Overlay 2011 Design, Thousand Oaks, CA: Design Engineer. Prepared
Plans, Specifications and Estimate for the City's 3 year Pavement Rehabilitation Project. Work included
field review, documentation, and photographing of all street sections and repair locations; determination
of rehabilitation strategies; preparation of plans, specifications, and estimate for bid; and bid support.
The project included 50,000 tons of asphalt pavement reconstruction and Asphalt Rubber Hot Mix
overlay on 30 miles of local, collector, and arterial streets. All work was completed in a compressed
time schedule of 4 weeks. Construction Cost $7,000,000.
Sun Valley EDA Public Improvement Project, Los Angeles, CA: Project Manager & Design
Engineer. Engineering design services to develop Plans, Specifications. and Estimate (PS&E) for the repair
and rehabilitation of 2 major arterial highways and 5 major intersections in the City of Los Angeles.
Work included removal and replacement of failed AC and PCC pavement sections; reconstruction of
driveways and curb access ramps to meet ADA requirements; milling and overlay of PCC and AC
pavement; and complete reconstruction of intersections with cross gutters, grading, and paving.
Construction Cost $3,000,000.
Sepulveda Boulevard Pedestrian Improvements, Culver City, CA: Project Manager & Design
Engineer. Prepared the Plans, Specifications, and Estimate (PS&E) for the enhancement of a '/2 mile
section of Sepulveda Blvd in a busy commercial area of Culver City. The project included the challenging
installation of landscaped areas with trees, plants, benches, curb access ramps, and driveway and
sidewalk replacements in a fully developed area with outdoor dining and retail shops. Construction Cost
$350,000.
City of Hermosa Beach pavement rehabilitation projects, Hermosa Beach, CA 2001-
present: Project Manager / Engineer. Provided project management, design, and construction
management for various pavement improvement projects including residential streets, and arterial
streets with federal-aid funding. Project included sidewalk repairs, ADA curb access ramps, storm drain
repairs, curb & gutter replacement, grinding, asphalt pavement, and striping.
KOA CioR I't)RATION
Page 5
C I3N1 Consulting