Merit Civil Engineering (2013) Res Street Imps r 1
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.]
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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
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Exhibit "A":
City's Request For Proposals
Exhibit "A"
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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.
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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
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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.
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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
. .
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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
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a
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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
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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.
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15.Maintain As-built drawings throughout the construction 12 12 $2,040
Period,
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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
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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
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