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Merit Civil Engineering (2013) Res Street Imps r 1 1 11111 • CITY OF RANCHO PALOS VERDES PROFESSIONAL/TECHNICAL SERVICES AGREEMENT THIS AGREEMENT("Agreement") is made and entered into this 16th day of July 2013, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Merit Civil Engineering, Inc. (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 follows: FY2011-2012 Areas 3 and 5 Residential Streets Improvement Project - Phase II, Project No. 004912 1.2 Description of Services CONSULTANT shall: provide Construction Management, Inspection, and Materials Testing Services, 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 Exhibits "A" and "B," the terms of Exhibit "A" 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. ARTICLE 2 COMPENSATION Page 1 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services , r , t • 10 2.1 Fee CITY agrees to compensate CONSULTANT an amount not to exceed one hundred and seventy-eight thousand, nine hundred and forty-seven dollars($178,947)for services as described in Article 1. 2.2 Payment Address All payments due CONSULTANT shall be paid to: Merit Civil Engineering, Inc. 12391 Lewis Street, Suite 201 Garden Grove, CA 92840 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 schedule of hourly rates shall be in effect through the end of this Agreement. 2.5 Term of Agreement Page 2 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services 0 • This Agreement shall commence on July 17, 2013, and shall terminate on June 30, 2014, unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification To the maximum extent permitted by law, CONSULTANT shall defend, indemnify, and hold the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers(collectively"Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively"Claims"), in any manner arising out of or incident to any acts or omissions of CONSULTANT, its officials, officers, employees or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys'fees, and other related costs and expenses,except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees. With respect to any and all such Claims, CONSULTANT shall defend Indemnitees at CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. CONSULTANT shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by CONSULTANT or Indemnitees. All duties of CONSULTANT under this Section 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 Page 3 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services f 111 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 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 or modified 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. Additionally, CONSULTANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSULTANT agrees that it will not cancel or reduce any required insurance coverage. 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 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance Page 4 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services E ' , 0 O 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, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, 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 final 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 Page 5 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services 0 • 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 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. Page 6 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services e ' 111/ 0 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 1990 (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 subconsultants in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates or subconsultants' 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; 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 Page 7 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services 4110 • , 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. 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 subconsultants 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 Page 8 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services 4111/ • 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 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 Page 9 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services 4110 • 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: To CITY: Les M. Jones, II, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Robert Merrell, President Merit Civil Engineering, Inc. 12391 Lewis Street, Suite 201 Garden Grove, CA 92840 [Signatures on next page.] Page 10 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services 4 so • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: "7/2-3/3 Merit Civil Engineering, Inc. ("CONS TANT") By: le,(e---- / Printed Name: / 12.,i4.--1--Mc-W-.2-11( Title: /;?'14:t G/ -t -- Prièt1S[a : 72)J � Oc-V,---QUL-- Title: \11 C-L P & \ J \ Dated: �/°7�//3 CITY OF RANCHO PALOS VERDES ("CITY") By: CSci--r- --- )4L-4Q Mayor ATTEST: APPROVED AS TO FORM: By: _ / fi'l // / BY: City Clerk City Attorney Page 11 of 11 R6876-0001\1347726v1.doc Agreement for Professional/Technical Services . e • Exhibit "A": City's Request For Proposals Exhibit "A" R6876-0001\1347726v1.doc fra • Exhibit A CITY OF RANCHO PALOS VERDES PUBLIC WORKS DEPARTMENT June 18, 2013 City of Rancho Palos Verdes Request for Proposal for Construction Management, Inspection, and Materials Testing Services The City of Rancho Palos Verdes requests proposals from selected qualified consulting engineering firms to provide construction management, inspection, and materials testing services related to the City's Residential Street Improvement Project. The successful firm will provide Construction Management, Inspection, and Materials Testing Services for the City's Residential Street Improvement Project FY11-12, Areas 3 and 5, Phase II. The City is particularly looking for proposals with staff having prior experience overseeing Asphalt Concrete (AC) overlay, Asphalt Rubber Aggregate Membrane (ARAM), and microsurfacing pavement resurfacing treatments. 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, June 28, 2013. The City's budget for Phase II of the proposed project is roughly $1.6M and is currently being advertised for construction bids. It is the City's desire to begin constructing improvements in August of 2013 and the project is given 40 working days for completion. The construction contractor has been given the option of bidding the project using ARAM or AC Overlay on pre-defined streets within the project as indicated in the plans, so the lowest responsible bid will determine which of these two resurfacing treatments is used on these select streets. The remaining streets in the project will receive only microsurface slurry seal, regardless of whether ARAM or AC Overlay is applied to the other streets. The installation of 20 PCC ADA-compliant curb access ramps is also included in the project. The scope of work is defined below. SCOPE OF WORK CONSTRUCTION MANAGEMENT SERVICES (a) Oversee Inspection and Manage Project Construction (b) Review Daily Inspection Reports before submittal to City 30940 HAWTHORnE BOULEVARD/RANCHO PALOS VERDES,CA 90275-5391/13101 544-5252/FAX(310)544-5292/www faaLOSVERDEs COM/RPv PRINTED on RECYCLED 13aPER • City of Rancho Palos Verdes Request for CM,Inspection,and Materials Testing Proposal Residential Streets Rehabilitation Project—Phase II FY 11-12 6/18/2013 Page 2 of7 (c) Ensure compliance of work performed with specs (d) Attend Weekly Progress Meetings •(e) Attend Pre-Construction Meeting (f) Serve as liaison between City and construction.contractor (g) Respond to resident concerns in a timely fashion (h) Final Deliverables INSPECTION SERVICES (a) Inspect work for compliance with specs at all times work is in progress (b) Prepare Daily Inspection Reports (c) Attend Pre-Construction Meeting MATERIALS TESTING SERVICES It is requested to have materials testing to confirm compliance with specifications for the AC overlay, ARAM, and microsurface slurry seal materials. Please include the name of the materials lab/testing firm that will be used and the turn-around time for the test results to be provided to the City for each test. Timely turn-around of lab test results is an important aspect of this work. Furthermore, the City shall receive a comprehensive notebook binder that includes all of the test results upon completion of the project. The materials testing lab used shall be AASHTO-accredited and Caltrans-certified, and all technicians shall be certified in these testing methods. The City's expectations and anticipated scope of work for the materials testing includes: Asphalt Concrete Overlay Phase (if AC Overlay option used for project): 1. Full-time batch plant inspection for the first two days of overlay placement; frequency will be at the discretion of the City thereafter. 2. Testing shall include gradation/sieve analysis, asphalt content, air voids, bulk specific gravity of cores, and stability to meet Greenbook specifications 3. Loose asphalt mix samples shall be obtained per Greenbook specifications. 4. Nuclear gauge testing for proper compaction in the field. 5. 500-ton lots shall be assumed, using a stratified-random sampling method. 6. Field samples shall be obtained and transported by a technician certified in AC Overlay testing methods Cit)of Rancho Palos Verdes Request for CM,Inspection,and Materials'resting Proposal . Residential Streets Rehabilitation Project—Phase 11 FY 11-12 6/18/2013 Page 30 7 Asphalt Rubber Aggregate Membrane Phase (if ARAM option used for project): 1. Testing to ensure product meets the Greenbook specifications for ARAM, including field viscosity test 2. Field samples shall be obtained and transported by a technician certified in ARAM testing methods Microsurface Slurry Sealing Phase: 1. Field samples shall be obtained and transported by a technician certified in microsurface testing methods 2. Perform full set of tests on each sample to determine acceptable emulsion percentage and residual asphalt, in accordance with California Test 310 (extraction test), wet track abrasion, and aggregate compliance (sieve analysis and sand equivalent). 3. Testing shall be per Greenbook, AASHTO, ASTM, ISSA, and California test methods to ensure compliance with specifications. Clerical services and materials to carry out items listed 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 key individuals assigned to this contract. 2. Qualifications and experience of the firm 3. Project Approach utilizing the outline of required work as listed above The second envelope shall contain the cost proposal and shall be outlined as indicated below: Item Amount Comments Item 1 -- Construction Management Services (a) Oversee Inspection and Manage Project $. Construction (b) Review Daily Inspection Reports before submittal to City (c) Ensure compliance of work performed with specs (d) Attend Weekly Progress Meetings (e) Attend Pre-Construction Meeting (f) Serve as liaison between City and construction contractor (g) Respond to resident concerns (h) Final Deliverables City of Rancho Palos Verdes Request for CM,Inspection,and Materials Testing Proposal Residential Streets Rehabilitation Project—Phase 11 FY 11-12 6/18!2013 Page 4 of 7 Item 2 - Inspection Services (a) Inspect work for compliance with specs at all times work is in progress (b) Prepare Daily Inspection Reports (c) Attend Pre-Construction Meeting Item 3 - Materials Testing Services $ (a) AC Overlay Testing $ (b) ARAM Testing $ (c) Microsurface Slurry Seal Testing $ (d) Final Deliverables GRAND TOTAL $ 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. 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 proposed team. 8. 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: Melissa Murphy. Questions may be submitted via fax to (310) 544-5292 or e-mail to melissam(c rpv.com . All questions must be received by Tuesday, June 25, 2013. • CH)of Rancho Palos Verdes Request for CM,Inspection,and Materials Testing Proposal Residential Streets Rehabilitation Project—Phase 11 FY 11-12 6/1812013 Page 5 017 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 general liability insurance, with $2,000,000.00 aggregate (listing the City as additional insured), a minimum of $1,000,000.00 professional liability insurance, and a minimum of $1,000,000.00 of automobile liability insurance, with $2,000,000.00 aggregate, 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. 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 the 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 • City of Rancho Palos Verdes Request for CM,inspection,and Materials Testing Proposal Residential Streets Rehabilitation Project—Phase 11 FY 11-12 6/18/2013 Page 6 of 7 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) 544-5252, by the deadline indicated in this RFP. • C'iq or Rancho Palos Verdes Request lbr CM,Inspection,and Materials Testing Proposal Residential Streets Rehabilitation Project—Phase 11 FY 11-12 6/18/2013 Page 7of7 Exhibit A Residential Streets Improvement Project FY 11-12, Areas 3 & 5, Phase II Project Scope Overview Major Project Component Tons SF Qty 1.5"AC Overlay Approx. 8400 N/A N/A Asphalt Rubber Aggregate Membrane(ARAM) N/A Approx. 775,000 N/A Approx. 1,802,500-2,702,500 (Depending on whether AC Overlay or Microsurface Slurry Seal N/A ARAM is lowest responsible bid) N/A Concrete Curb Access Ramps N/A N/A 20 . . • • Exhibit "B": Consultant's Proposal, including Schedule of Hourly Rates Exhibit "B" R6876-0001\1347726v1.doc Municipal Engineering Exhibit B IVIERIT Land Surveying Infrastructure June 28,2013 Nicole Jules Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Subject: Fee Proposal — Construction Management, Inspection and Materials Testing — Residential Street Rehabilitation Phase II Dear Nicole: We are pleased to offer our cost proposal to the City of Rancho Palos Verdes for this project. We have prepared a detailed task breakdown, by classification and hourly rate, to develop the recommended compensation for this assignment. Please refer to the attached fee breakdown. Item Amount Comments Item 1 —Construction Management Services $ 74,072. a. Oversee Inspection and Manage Project Construction b. Review Daily Inspection Reports before submittal to City c. Ensure compliance of work performed with specs d. Attend Weekly Progress Meetings e. Attend Pre-Construction Meeting f. Serve as liaison between City and Construction Contractor g. Respond to residents concerns h. Final Deliverables Item 2—Inspection Services $ 42,250. a. Inspect work for compliance with specs at all times work is in progress b. Prepare Daily Inspection Reports c. Attend Pre-Construction Meeting Item 3—Materials Testing $ 62,625. Time and Materials Estimate a. AC Overlay Testing $ 16,698. b. ARAM Testing $ 10,629. c. Microsurface Slurry Seal Testing $ 51,996. (Includes 5%markup) d. Final Deliverables Included GRAND TOTAL $ 178,947. Merit Civil Engineering, Inc. Office: (714)748-0531 12391 Lewis Street,Suite 201 Fax: (714)748-0681 Garden Grove, CA 92840 r • a 0 • Proposal to Rancho Palos Verdes Residential Street Rehabilitation Phase II FY 2011-12 Page 2 of 2 We are confident that our approach to this project will provide the City of Rancho Palos Verdes with and excellent program. We look forward to its implementation. If you have any questions regarding our proposal,please do not hesitate to call. Respectfully, Merit Civil Engineering,Inc. Robert Merrell,P.E. President City of Rancho Palos Verdes. Construction Management,Inspection and Materials Testing•Residential Rehabilitation Phase II-FY 2011-12 Fee Breakdown Project Estimate June 28,2013 Classification Constr. Inspect. Constr. CADD 2-Man Manager Manager Inspector Draftsman Clerical Crew Total Billing Rate Outside Hourly Billing Rate $170 $170 $105 $108 $82 $245 Hours Summary Costs Comments TASK BREAKDOWN Construction Phase-Construction Management 1. Provide effective team coordination including regular 16 8 24 $3,376 and consistent management and reporting. 2. Conduct regular project meetings including pre- construction,progress and special meetings,as 16 8 8 32 $4,736 necessary. 3. Monitor Contractor's schedule and ensure compliance 20 20 $3,400 is maintained. 20 4. Track progress quantities,budget and cost variations. 10 20 50 $7,200 5. Assist with payment request with detailed quantity 20 10 30 $5,100 summary. 6. Manage all communications between the City and the 20 20 $3,400 Contractor. 7. Manage all change order requests,claims and 20 20 $3,400 disputes. 8. Process all Requests for Information(RFI)between the 20 10 30 $5,100 designers and the Contractor. . 9. Manage materials testing to maintain quantity product. 16 16 $2,720 • 10.Assist in maintaining good public relations with the 20 20 $3,400 public. , ill 11.Provide value engineering where appropriate. 20 20 $3,400 12.Maintain project notebook throughout the construction 10 20 20 50 $6,740 period and furnish to the City. 13.Prepare documentation for final payment to the 20 8 4 32 $5,088 Contractor. 14.Provide inspection and final punch list and 10 8 18 $3,060 documentation for final project acceptance. • 15.Maintain As-built drawings throughout the construction 12 12 $2,040 Period, • 16.Assemble and deliver all project records to the City at 4 4 $680 $250 Gen.Reproduction the end of the project Subtotals 264 74 20 0 40 0 398 $62,840 $250 $63,090 RPV-Res_Phase II_2011-12 Fee.xls MERIT CIVIL ENGINEERING.INC. Page 1 of 2 City of Rancho Palos Verdes. Construction Management,Inspection and Materials Testing•Residential Rehabilitation Phase II-FY 2011-12 Fee Breakdown Project Estimate June 28,2013 Classification Manager Inspect. Constr. CADD 2-Man Manager Manager Inspector Draftsman Clerical Crew Total Biling Rate Outside Hourly Billing Rate $170 $170 $105 $108 $82 $245 Hours Summary Costs Comments Post Construction Phase-Construction Management 1. Prepare As-built documentation 8 4 12 $1,688 2. Coordinate any warranty information 4 4 $680 3. Process final payment,retention release and 4 4 8 $1,008 $150 Gen.Reproduction1111 documentation for project close out Subtotals 16 0 0 0 8 0 24 $3,376 $150 $3,526 Construction Phase-Construction Observation 1. Conduct field investigation of the project area to become familiar with the existing facilities and project 4 4 $420 environment 2. Compile a photo log of existing improvements. 20 20 $2,100 3. Provide full time inspection observation of all construction activities to monitor material and methods to 320 320 $33,600 ensure compliance with the plans and specifications. 4. Prepare daily inspection and observation reports. 40 40 $4,200 5. Maintain communication with the Construction 16 16 $1,680 $250 Gen.Reproduction Manager with all issues 0 0 400 0 0 0 400 $42,000 $250 $42,250 Construction Phase-Materials Testing 40 8 48 $7,456 $62,625 Twining(SeeIII 1. Conduct Batch Plant and Field Materials Testing Attached)Incl.5% Subtotals 40 0 0 0 8 0 48 $7,456 $62,625 $70,081 Hours 320 74 420 0 56 0 470 --.-- ---- ESTIMATED FEE TOTALS Cost $54,400 $12,580 $44,100 $0 $4,592 $0 ----- $115,672 $63,275 $178,947.00 Notes 1. Fee estimate is based on 40 working day construction period. RPV-Res Phase II_2011-12 Fee.xls MERIT CIVIL ENGINEERING,INC. Page 2 of 2 RESIDENTIAL STREETS IMPROVEMENT PROJECT-PHASE II,FISCAL YEAR 2011-2012,AREA 3 AND AREA 5,PROJECT NO.004912 City of Rancho Palos Verdes • Prepared By Twining,Inc.June 24,2013 Proposed Scope of Services to Provide Quality Assurance Services SECTION A:Convential Asphalt Hot Mix Overlay Assumed Quantity Testing Turn-Around Time Proposed Service -- T - Days Qty Unit Rate Amount (From End of Shift) Senior Asphalt Batch Plant Inspector 2 16 Hours $114.00 $1,824.00 24 hrs,via E-mail PDF Senior Asphalt Batch Plant Inspector(Each Additional Day) 1 Day $912.00 Sieve Analysis(CT 202) 2 4 Each $161.00 $644.00 24 hrs,via E-mail PDF Loose Asphalt mix Sampling and Testing 5 Day $1,303.00 $6,515.00 Extraction,Percent Asphalt Content,Gradation(CT 382) 5 10 Each 5223.00 24 hrs,via E mail PDF ... Hveem Stability l est(Cl 366) 5 10 each 5227.00 48 hrs,yid E-rnaiil PDI Hveem Maximum Density(CT 304 and CT 308) 5 5 _ Each 5227 00 48 hrs,via E-mail PDF Maximum Theoretical SpecificGravity(RICE CT 309) 5 5 Each 5176 00 24 hrs,via E mail PDF Senior Asphalt Placement Technician with Nuclear Gauge 5 40 Hours $123.00 $4,920.00 Bulk Specific Gravity of Cores 1 20 Each $100.00 $2,000.00 24 hrs,via E-mail PDF Subtotal: $15,903.00 SECTION B:ARAM Assumed Quantity Proposed Service - - Testing Turn-around time Days Qty Unit Rate Amount Senior Asphalt Placement Technician(Obtain Samples&Perform Field Viscosities) 5 40 Hours $192.00 $7,680.00 24 hrs,via E-mail PDF Extraction,Percent Asphalt Content,Gradation(CT 382) 5 10 Each $223.00 $2,230.00 24 hrs,via E-mail PDF Percentage Wear of Aggregate 5 1 Each _ $213.00 $213.00 24 hrs,via E-mail PDF Subtotal: $10,123.00 SECTION C:Micro-Surfacing 0 Assumed Quantity Proposed Service Testing Turn-around time Days Qty Unit Rate Amount • Senior Asphalt Placement Technician(Obtain Samples) 16 128 Hours $114.00 $14,592.00 24 hrs,via E-mail PDF Extraction,Percent Asphalt Content per CT 382,%Residue by Evaporation per ASTM D244,Gradation 16 96 Each $223.00 $21,408.00 48 hrs,via E-mail PDF Sieve Analysis(CT 202)of Slurry Seal Aggregate 16 16 Each $161.00 $2,576.00 24 hrs,via E-mail PDF Sand Equivalent(CT 217)of Slurry Seal Aggregate 16 16 Each $114.00 $1,824.00 24 hrs,via E-mail PDF Wet Track Abrasion Test(3 specimens fabricated and 1 tested per set) 16 96 Each - $95.00 $9,120.00 48 hrs,via E-mail PDF Subtotal: $49,520.00 Proposal No 13-0924 A TWINI NG 6/24/2013 Page 1