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Merit Civil Engineering (2012) Res Street Imps Crrj' t Ccs PROFESSIONAL SERVICES AGREEMENT This Agreement("Agreement") is made and entered into this 20th day of November, 2012 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 mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as the Residential Streets Improvement Project — Phase I, FY 11-12, Areas 3 and 5. 1.2 Description of Services CONSULTANT shall provide construction management and inspection services, as described in CONSULTANT's Proposal, which is attached hereto as Exhibit "A"and incorporated herein by this reference. Where this Agreement and Exhibit"A"shall conflict, this Agreement shall govern. 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 2.1 Fee CITY agrees to compensate CONSULTANT at the rates indicated in Exhibit "A", and in any event an amount not to exceed one hundred ninety-one thousand, fifty-six dollars and no cents ($191,056.00) for the services described in Article 1. Page 1 of 11 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 at the rates indicated in Exhibit "A". These rates shall be in effect through the end of this Agreement. 2.5 Term of Agreement This Agreement shall commence on November 20, 2012 and shall terminate on December 31, 2013, unless sooner terminated pursuant to Article 4 of this Agreement. 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 Page 2 of 11 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. (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 Page 3 of 11 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 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. 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 Page 4 of 11 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, 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. Page 5 of 11 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, agents, servants, attorneys, and designated volunteers, 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. 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 Page 6 of 11 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 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; 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. Page 7 of 11 (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 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 Page 8 of 11 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 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 Page 9 of 11 1 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 Jim Hendrickson, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Robert Merrell Merit Civil Engineering, Inc. 12391 Lewis Street, Suite #201 Garden Grove, CA 92840 Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: ,L/ / 28 - 9(f - MERIT CIVIL ENGINEERING, INC. � ("CONSULTANT") By: /77(c_4A, Printed Name: l &lrt � (tA/f-L-t( Title:___1';‘.. 5-1--e(--4-4 By: Printed Na e: 150c-V-4-A.k. Title: \ic- ¶ tt3 Dated: 43/1� - CITY OF RANCHO PALOS VERDES ("CITY") BY: v d--r� MAYOR ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY Page 11 of 11 Exhibit "A": Consultant's Proposal Exhibit"A" Proposal for Construction Management and Inspection Services Residential S Phase Fy 2011 .201 2 ., _, , , . 4; . . , A. , - 30.,' # • .. i �` it _,`.; 4 Rr-4: ..,.eltilk ,."' 7'... ' $11,/,: :* ,:. r ' 4. irf .�fi t• t f;• i ;lar:r' * ..-' • 1144i• -', : ,,, 2 h S.Y3, # .a ; ir , '!'..:.*3 Ili ,,..7114. • 0:‘.4:1 ' lit:*,;:ri,t. V...:if•. .,. • di p::,-- ' ,st. --.- , ' 4,4t: ` j is `. �",i�,�,1� ..-•i %. f .;ter , t^ '- it, ',,,- 4.: j''''''141.;.r. VI 7:7,T., .'--- ",-4 e'll'9::.i."' t.."*. 'iti :,'.s,• • .rA t t, 7: .4. Jj- •_ '- - ..'...-,.'.. 1,.*', r -:', -4,10 4,- 1 ..,4 :1 -, ic.r iiii;''''.•::'ft . jami:'.,i';i';,-, ',„7::;:,.:1: 7 1::'1 - rill ; -*4Illill*ot: i s Prepared for: City of Rancho Palos Verdes Public Works Department Prepared by: MERITNovember 1, 2012 MUNICIPAL ENGINEERING SERVICES Exhibit"A" MERIT Municipal Engineering Land Surveying Infrastructure November 1,2012 Nicole Jules Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Subject: Proposal-Construction Management and Inspection-Residential Street Rehabilitation- Phase 1 Dear Nicole: In response to the Request for Proposal, Merit Civil Engineering, Inc. is pleased to submit our proposal to provide construction administration services for the above referenced project. I believe you will find our approach to this project and the quality experience possessed by the designated team members will provide the City with a cost-effective program. We will be teaming with Anderson-Penna, Inc.to provide highly qualified individuals and sufficient depth to complete the assignment. Our team is qualified to complete this project for the following reasons: • Merit has successfully completed a number of similar projects for the City of Rancho Palos Verdes and is very familiar with the City's implementation policies regarding the annual roadway rehabilitation program. • Merit has a long standing relationship with the City and will work as an extension of City staff in all aspects while administering the project from the design period through completion of construction. • Principal level involvement on every project we perform will ensure the City a consistently produced quality product that we are proud of. We are confident that our approach to the project as detailed in the following proposal will provide the City with an economical and successful project. We are sincerely interested in being selected for this important assignment and look forward to your favorable consideration. If you have any questions, please contact me at the number below. Respectfully, Merit Civil Engineering,Inc. Robert Merrell,P.E. President Merit Civil Engineering, Inc. Office: (714)748-0531 12391 Lewis Street,Suite 201 Fax: (714)748-0681 Garden Grove, CA 92840 Exhibit"A" Residential Street Rehabilitation-Phase 1 FY 2011-12 --_ Construction Management and Inspection A. Page i SECTION B - TABLE OF CONTENTS SECTION A-PROFESSIONAL EXPERIENCE 1 SECTION B-PERSONNEL AND ORGANIZATION CHART 3 SECTION C-PROJECT UNDERSTANDING AND SCOPE OF WORK 12 SECTION D-REFERENCES 15 MERIT MUNIOPAL ENGINEERING SERVICES Exhibit"A" illi15 Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 1 SECTION A-PROFESSIONAL EXPERIENCE Merit Civil Engineering(Merit)was formed in 1992 specifically to provide public works design engineering services for local public agencies. Our goal remains to match seasoned municipal experience with quality design personnel working within the small office atmosphere and to provide a highly professional yet economical service to our clients. Merit is an S-corporation owned by.two equal participating principals/shareholders. The firm's principals have extensive municipal service backgrounds and a thorough understanding of local government issues and procedures. With our focus on municipal design, our public works experience includes street rehabilitation and reconstruction, street widening, highway design, storm water design, sewer design, park design, site grading and construction administration/management. Merit has successfully performed similar projects for Cities such as Anaheim, Rancho Palos Verdes, Laguna Beach,and Oceanside. Merit is known for a high level of performance and service,which is maintained by involving the principals in every project. Merit takes pride in the quality of service and product provided and is focused on meeting established schedules and budgets. Merit has created a Project Team committed to delivering a successful and coordinated management and inspection effort. We have joined resources with the firm of Anderson-Penna for this project to provide a highly qualified team of professionals that have extensive experience with the City on Rancho Palos Verdes on a number of different projects over the past 15 years. Our Project Team consists of: Merit Civil Engineering,Inc. Overall Construction Management and Inspection Management Anderson-Penna,Inc. Support Construction Management and Primary Construction Inspection Following are brief descriptions of the individual roles on this project and their specialized professional capabilities. Merit Civil Engineering, Inc. (Merit) has had the opportunity to provide services on many diversified engineering assignments for the City of Rancho Palos Verdes starting with our completion of the design and construction management of the Silver Spur Road rehabilitation in the early 1990's. That project was followed by the successful completion of the design and construction management, including inspection, for the Annual Residential Street Rehabilitation program for several annual cycles. During that period, over 100 streets were rehabilitated to varying degrees but most of them were overlayed. All of these projects were managed and inspected by our currently proposed Construction Manager, Bob Merrell P.E. In addition to the Residential Street program,several arterial highways within the City were also either rehabilitated or reconstructed. Bob Merrell both designed and provided Construction Management and Inspection for a portion of Palos Verdes Drive East above PVDS, the reconstruction of 25th Street at the City limits and the reconstruction of Palos Verdes Drive South through Portuguese Bend. The firm and Bob Merrell have also completed a number of drainage improvement projects throughout the City over the years. This extensive experience will provide the City with a proven project leader for this program that is thoroughly familiar MERIT MUNICIPAL ENGINEERING SERVICES Exhibit"A" 4111 Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 2 with both the technical aspects of the assignment but equally important, the need to accommodate the public during construction to the maximum extent possible while maintaining efficient progress on the construction. It has always been the City's policy to make an extra effort to minimize the inherent inconvenience to the public during construction activities and work on this project will be especially challenging. In order to provide the needed coverage for this project,we have teamed with the firm of Anderson-Penna to not only ensure the highest quality professional services but also to have equally qualified backup during the construction period. Dino D'Emilia will be available in a support role as Construction Manager when needed. Dino has also worked extensively for the City over the years while at a previous consulting firm. He joined Anderson-Penna last year and currently manages their Construction Services section. They recently completed a large project for the City of Torrance so support will be readily available as needed. The Torrance project was managed by Dino and their lead inspector was Tony Plante whose extensive street rehabilitation experience will be available,as needed,to support the Merit team. The proposed team will be led by Bob Merrell as Construction Manager and Joe Buckner of Merit as needed. Joe has completed the design and provided construction services for many roadway projects and will be available to provide management and inspection backup support to our lead inspector,Tony Plante. Joe Buckner successfully completed the design, bidding administration, construction management and construction inspection for a large private community known as Three Arch Bay in the City of Laguna Beach where nearly all of their internal streets were reconstructed. The project had all of the challenging characteristics we might expect on this project. MERIT MU MOPAL ENGNEEERIMG SERVICES Exhibit"A" 4111 Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 3 SECTION B-PERSONNEL The basis of our management approach rests on Merit's experience with public works projects such as street rehabilitation, reconstruction, and widening and the quality of the key personnel assigned. The approach is driven by our "hands-on" Project Manager,who will monitor the progress of not only Merit Civil Engineering, but the rest of the project team members as well. The Project Manager assigned to this contract is Mr. Robert Merrell, P.E. He will work directly with the assigned staff members to ensure that adequate resources are devoted to the project and that assignments are being properly completed on schedule. All subconsultants are managed as an extension of our staff, and will follow the same quality control procedures. Merit is known for responsiveness and pro-active approach to problem solving and creative methods of resolution in a cost-effective,efficient manner. For the City of Rancho Palos Verdes,the following major projects were completed by Bob Merrell: • Miraleste Plaza Storm Drain • Point Vicente Interpretive Center Expansion and Storm Drain • Bronco Storm Drain and Construction Management • San Ramon Storm Drain and Hillside Restoration • Residential Street Program(RPV)-50 Streets(Incl.Inspection) • Residential Street Program(RPV)-98 Streets(Incl.Inspection) Assisting Mr.Merrell will be Mr.Joe Buckner,P.E.,P.L.S. Mr. Buckner has 20 years experience in civil engineering and holds a professional registration as a Civil Engineer and as a Land Surveyor. The first 6 years of his experience dealt mainly with residential,commercial,and industrial development projects for developers. The last 16 years of his experience have been devoted to public works type projects such as: street rehabilitations, reconstruction, and widenings; state highway and freeway interchanges; storm drain design; and legal descriptions,plats,and mapping. Mr. Buckner has been a Principal/Project Manager at Merit for over ten(10)years and has managed a wide variety of public works projects for local Cities such as Anaheim,Orange,Oceanside,Laguna Beach,and Moreno Valley. Similar projects Mr.Buckner has managed while at Merit include: • Lincoln Avenue Street Rehabilitation Project,City of Orange • Community-wide Street Reconstruction(turn-key),Three Arch Bay Community • Lincoln Avenue Street Median Beautification Project,City of Anaheim • Sunshine Way Parkway Improvements,City of Anaheim • Fire Mountain Roadway Improvements,City of Oceanside Mr. Dino D'Emilia leads Anderson-Penna's construction management services and has successfully managed public capital improvement projects in Los Angeles, Orange, San Bernardino and San Diego counties. Prior to his California consulting experience, he worked as a civil engineer with the Department of Water and Power in the City of Los Angeles performing design and construction services on major water and power facilities. His experience includes bidibility/ constructability analysis and project phasing/constraints specifications and bid phase services for public works and heavy rail projects. MERIT MUNICIPAL ENGINEERING SERVICES Exhibit"A" Co# truct?iorp Memoit-anent 147 cztion Lig Organization Chart Residential Prsjr 'm City of Rancho Palos Verdes FY20 71 7142 Principal-In-Charge/PROJ. MGR. BOB MERRELL, P.E. -Merit Quality Control JOE BUCKNER P.E. -Merit Construction Management Inspection MERIT & ANDERSON-PENNA MERIT& ANDERSON-PENNA Optional Services, if Requested • Surveying BOB MERRELL, P.E. -Merit • Design DINO P. D'EMILIA P.E. -API JOE BUCKNER., P.E. - Merit. • Exhibit Preparation AL AGUIERA—API TONY PLANTE -API MERIT CIVIL ENGINEERING, INC. Overall Construction Management and Inspection Management ANDERSON-PENNA, INC. Support Construction Management MERIT & Primary Field Inspection MUNICIPAL ENGINEERING SERVICES , . Exhibit"A" Lia11 Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 5 Robert Merrell, P.E. Construction Manager Education • B.S., 1974, Civil Engineering, California State University, Long Beach Professional Registration • Registered Civil Engineer, State of California(#28100, 1976) Experience Overview Over thirty five years experience in planning and design of design of streets, highways, and freeways, highways, and arterial streets, right-of-way engineering, grading, sewer, water and storm drains. On a number of projects, the design was followed by field management of the construction,inspection or general construction management. Relevant Project Experience Mr. Merrell has an extensive background in project design and construction management developed over 35 years working in public works engineering. In addition to managing several freeway sound wall projects,Mr.Merrell had overall responsibility for the design team,which completed the widening of the 57 freeway in 1990. He has extensive experience in the design of capital improvement projects, including freeway improvements, railroad grade separations, storm drain facilities, regional channel improvements, large dams, major arterial and collector street widenings and bridge projects. Prior to forming Merit Civil Engineering, Mr. Merrell was with a large public works oriented consulting firm in Anaheim for 16 years. During that period and currently as a Principal Engineer at Merit Civil Engineering, his responsibilities include supervision of public works design and inspection personnel, design oversight, management and coordination of public improvements including state and/or federally funded projects; Mr. Merrell has managed and directly coordinated all technical work at Merit Civil Engineering since its inception over 20 years ago. Representative public works improvements completed at Merit are as follows: • Point Vicente Interpretive Center Expansion and Storm Drain • Bronco Storm Drain and Construction Management • San Ramon Storm Drain and Hillside Restoration • Residential Street Program(RPV)-50 Streets(Incl.Inspection) • 96-97 Residential Street Program(RPV)-98 Streets(Incl.Inspection) Mr. Merrell was the Project Engineer on all of the above listed projects and was the Construction Manager for the projects located in Rancho Palos Verdes. MERIT MUNIOPAL DICKERING SERVICES Exhibit"A" Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 6 Joe Buckner, P.E., P.L.S. Inspection Manager EDUCATION B.S., 1986, Civil Engineering, California State University, Fullerton PROFESSIONAL DATA Registered Civil Engineer,State of California(#45531, 1989) Professional Land Surveyor,State of California(#7206, 1995) EXPERIENCE OVERVIEW Twenty years experience in planning and design of streets, highways, freeways, and arterial streets, right-of-way engineering,grading,sewer,water and storm drains. REPRESENTATIVE PROJECTS • Lincoln Avenue Median Beautification Project, City of Anaheim. Responsible for the management and design of conceptual design and final construction documents. The project consisted of approximately 4.0 miles of roadway where median modifications and planting were implemented per the City's Master Plan for the corridor. New median openings were designed at key locations while existing openings were closed where traffic movements were minimal. Conceptual plans were prepared in conformance with the master plan and processed through the City for approval prior to the construction document phase. Plans included typical sections, plan and profiles, signing and striping, signal modifications, traffic control, irrigation, planting, specifications and estimates. • Sunshine Way Parkway Improvements, City of Anaheim. Responsible for the design of conceptual design and final construction documents. The project consisted of providing a pedestrian walkway along the street as well as design an aesthetically pleasing landscape palette. The project consisted of street plan and profile, typical sections, planting and irrigation plans and grading details. • Fire Mountain Roadway Improvements,City of Oceanside. The project consisted of design and preparation of improvement plans, specifications and estimates for the widening and drainage improvements to Fire Mountain Roadway at Laural Road. Responsible for design of the street improvement and striping plans. • Three Arch Bay Street Reconstruction, City of Laguna Beach. The community of Three Arch Bay retained Merit to design the reconstruction of nearly all of their internal streets to provide proper drainage and surface durability to the aging complex. Plans were prepared and Merit was responsible for obtaining construction bids, construction management and construction inspection. The project was successfully completed with minimal disruption to the local residents. • Harbor Boulevard / Katella Avenue Intersection Enhancements, City of Anaheim. Responsible for the preparation of construction documents. The project consisted of modifications to the northwest and northeast quadrants of the intersection to implement Master Plan landscaping enhancements. Plans included typical sections, plan and profiles, signing and striping, signal modifications, traffic control, irrigation, planting, specifications and estimates. • Beach Boulevard/Orangethorpe Avenue Intersection Improvements, City of Buena Park. Responsible for the preparation of construction documents for this project. The intersection improvements include the addition of a left turn lane in all directions and designated right turn lanes in each direction on Beach Boulevard. The City added the rehabilitation of Orangethorpe Avenue from Western to Stanton as part of the project as well. MERIT MUNKIPAL ENGIIEERING SERVICES • ► Exhibit"A" Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 7 Dino P. D'Emilia, PE Vice President,Construction Services Project Experience P Mr.D'Emilia's experience includes Mr. D'Emilia brings 24 years of project and construction management experience as preliminary engineering,PS&E, well as civil engineering on a wide array of public works projects. Mr. D'Emilia engineering review,value previously served in various capacities with California engineering firms where he was engineering,and construction responsible for profit and loss, business development,and delivery of construction management of parks,landscape, management services for many successful public capital improvement projects in Los roadways,railroads,bridges,utilities, Angeles,Orange, San Bernardino and San Diego counties. Prior to his consulting drainage and flood control,highway, experience, he worked as a civil engineer with the Department of Water and Power in and toll facilities. the City of Los Angeles performing design and construction service on major water During his career,Mr.D'Emilia has and power facilities. participated in both the detailed aspects of Project Controls and the Del Amo Boulevard Extension Project,T-30—Phases 1 &2,Torrance,CA: oversight of construction During Phase 1, Project Manager,supervising consultant inspector under contract management teams responsible for with City. Mr. D'Emilia assisted the City staff on various construction issues that implementing Project Controls. arose during the successful delivery of the$1.5 million reroute of two water and two Education sewer pipelines to accommodate the future construction of the Del Amo Blvd BS/1991/Civil Engineering, Extension Project. In Phase 2,the Construction Contract Administrator overseeing Northeastern University the construction of a new 4-lane roadway(Del Amo Blvd)between Crenshaw Blvd Professional Registrations and Maple Ave and widening of an existing segment of Del Amo Blvd between Maple 1996/PE/CA#55453 Ave and Prairie Ave. Construction also includes a new bridge over the BNSF Professional Affiliations Railway's mainline tracks, MSE retaining walls,drainage improvements, relocation of APWA So.CA Chapter a railroad spur track, reconstruction of affected off-site facilities and coordination with 2010 Pres Elect/Treasurer Southern California Edison and ExxonMobil Oil for relocation of their utilities.The 2012 Congress Finance Chair estimated construction cost is$15M and is partially funded by the American Recovery g and Reinvestment Act(ARRA). City and County Engineer's Association Construction Management Services for Congresswoman Juanita Millender- CMAA and ASCE McDonald Community Center Roof,HVAC Replacement including Solar Panels Chi Epsilon, 1990-present Installation,and Community Center Refurbishment and Upgrade: Project Manager and Construction Manager for thisperformance contract delivery method Honors and Awards g g project which involves design/build of certain project elements,using a procurement Top Leader-Private Sector,APWA method allowed byGovernment Code 4217 for selection of an energy service So.CA Chapter,2004 • � President's Chapter Service Award, company using both qualifications and cost as selection criteria. The construction p contract will require incorporation of the Agency's Project Labor Agreement(PLA), APWA So.CA Chapter,December, Enhanced Electrical Safety Policy as well as funding requirements for 2004 compliance with the Agency's American Recovery and Reinvestment Act, Energy Experience Efficiency Conservation Block Grant(ARRA/EECBG)grant through the Department Entered the profession in 1983 of Energy(DOE). The Community Center will remain open and operational throughout construction of the proposed improvements.The proposed performance contract allows 255 calendar days,with the first 120 days allocated to procurement of long lead items. The construction cost estimate is$4,870,000.00 and includes federal and Carson Redevelopment Agency funds. Juanita Millender-McDonald Community Center Improvements,City of Carson Redevelopment Agency,CA: Consultant Project Manager/Owner's Representative for the$4.5 million improvement to the Congresswoman Juanita Millender-McDonald Community Center. This ANDERSON-PENNA •PARTNERS IN PROJECT DELIVERY• Exhibit"A" 4111 Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 8 project included replacement of this 54,000 square foot facility's roof and air conditioning system,installation of a 184 kw solar panel system,various mechanical,electrical, plumbing,safety and architectural renovations. Responsibilities included program development, City Council/Agency Board and Project Subcommittee presentations,design consultant selection,design coordination,assistance with union negotiations,coordination and incorporation of ARRA/DOE/EECBG funding requirements, preparation of a performance contract request for proposals and assisting with the RFP process and performance contractor selection processes.Additionally, coordinated the design,permitting and tenant improvements of a storage space into the Senior Cyber Café, constructed by City forces. Downey Avenue Rehabilitation,City of Bellflower,CA: Project Manager/Construction Manager for the construction of this project resurfacing of Downey Avenue from the South city limit to the North city limit consists of a grind and overlay of an arterial highway 60 feet wide and 3,966 feet long. Because this project crosses under the SR-91,a double encroachment permit and extremely careful coordination with the California Department of Transportation(Caltrans)was necessary. This project also includes the reconstruction of specific curb ramps, construction of a concrete pad at the foot of the SR-91 westbound off-ramp, replacement of affected existing vehicular detection loops,and installation of new bicycle detection loops. The Engineer's opinion of probable construction cost is$557,334.00 and the contract time allotted in the bid documents is 22 working days after the City's Notice to Proceed to the Contractor.The project is partially-funded by a federal grant through the American Recovery and Reinvestment Act(ARRA). Accordingly,this project must adhere to the reporting, labor compliance, and Buy America requirements of ARRA. The construction management processes and contract administration procedures will adhere to Chapter 16 of the Caltrans Local Assistance Procedures Manual. Jump Start Safety Program,Alameda Corridor-East Construction Authority, Los Angeles County,CA: Resident engineer for a$27.8 million,federally funded heavy civil and heavy rail project,a portion of the nationally significant rail improvement project to improve safety and traffic/rail delays through the San Gabriel Valley. Responsibilities included selection of the construction management team and subconsultants through preparation of the request for proposal, proposal review and conducting interviews,and ongoing compliance with Disadvantaged Business Enterprise(DBE)requirements. He worked collaboratively with the Authority's program manager and general counsel to modify the boilerplate front-end bid documents,authored the Resident Engineer's manual, procured Primavera Expedition licenses and customized forms and reports for utilization on Authority projects; performed all contract administration functions including management of the projects control team,primary negotiator on contractor change orders,and primary reviewer for contractor CPM schedules and for change order consideration.Compiled and coordinated a master schedule with the Authority,various member agencies and railroad track and signal crews for comprehensive phasing of all grade crossing improvement bid packages; prepared program safety and quality assurance plans,and assisted with all Caltrans LAPM requirements. Antonio Parkway and Santa Margarita Parkway,Roadway Rehabilitation Project,City of Rancho Santa Margarita,CA: Project/Construction Manager and Resident Engineer for delivery of construction management services for this$2.5 million rehabilitation project.This project was federally funded and Caltrans Local Assistance administered. Pier Avenue Improvement Project,Hermosa Beach,CA:Construction Manager performing bidibility/constructability analysis and project phasing/constraints specifications and bid phase services f for this$4 million downtown streetscape project. Reviewed plans for constructability and took the lead to draft and issue addenda to the bid documents in response to bidder questions and revisions identified by the City and the constructability review.Assisted the City with updating front-end bid documents for compliance with federal ARRA/State Water Boards requirements. Expedited design firm's provision of revised plans and specifications and coordinated expedited printing,email and hard copy delivery and receipt confirmation of addenda.Coordinated and chaired the pre-bid meeting,compiled detailed bid analysis and provided assistance with recommendation for award ANDERSON•PENNA •PARTNERS IN PROJECT DELIVERY• t Exhibit"A" Liii4 Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 9 of the construction contract and expediting of the contract execution process. Anaheim On-call Construction Management Services,City of Anaheim,CA: Project Manager for delivery of construction management services on$8 million in improvements including A/C overlay street rehabilitation projects on Knott Avenue, Harbor Boulevard,State College Boulevard,and major roadway widening and high voltage undergrounding projects at Imperial Highway and La Palma Avenue. On-Call CIP Program Management,City of Culver City,CA: Program, project and construction manager for over $32 million in Capital Improvement Projects including a$21 million Transportation and Public Works Facility,a$4 million City-wide energy efficiency program,assistance with close-out of a$4 million HQ Fire station defaulted contract,and several other facility and roadway improvement projects. Miller Family Health and Education Center,City of Long Beach,CA: Project manager overseeing the construction management services on the construction of a$2.2 million renovation of an existing,abandoned former Kaiser medical clinic into a state-of-the-art community health services outreach facility. Services included onsite construction management and coordination with the City's Health Department and design consultant for successful project completion. The facility boasts a unique multi-lingual community wellness and health counseling program for the very diverse population in the Long Beach area. Mr. D'Emilia is Vice President, Construction Services for APP,and brings 24 years of project and construction management experience as well as civil engineering on a wide array of public works projects,including water infrastructure. Dino's career started at the City of Los Angeles Department of Water and Power,and includes working on multi-million dollar construction programs,delivered on time and within budget. Fountain Valley Equipping of Well 12,Mile Square Park,City of Fountain Valley,CA: Project controls manager responsible for the establishment and implementation of construction contract administration system,construction management procedures manual,and forms, reports and documents control system on well equipping project in Mile Square Park.The project included a new pump station building and all related pump and control systems equipment, and appurtenant site work and amenities.Also provided consultation for change order negotiations and claims avoidance and resolution. Presentations D'Emilia, Dino, P. "Southern California Paradise,Just Add Water"APWA International Symposium to the Greater City of Izmir Turkey,August, 1998. D" Emilia, Dino P."Public Works Construction Management Workshop"APWA Southern California Chapter,June 2004 D'Emilia, Dino P. (Seminar coordinator and panelist for Part I)"Greenbook Seminar",APWA Southern California Chapter 2002-2009 D'Emilia, Dino, P.(part of a panel)"How Not to Bet Burned in a Sizzling Bid Environment" League of Cities Public Works Officer's Institute, Monterey, California March,2010. Professional Development League of Cities, Public Works Officer's Institute 2006-2009 Prevailing Wages in California(Lorman)2008 Essentials of Negotiations 2006 CMAA Conference 2006,2007,2009 APWA National Congress 1999, 2000,2005,2006,2007,2008,2009 OSHA 10 Hr. Certification 2006 Interviewing People 2002, Basic Supervision 2001,and Fundamentals of Accounting 2000 Aiii."—ii,-----"— Ni, ANDERSON•PENNA •PARTNERS IN PROJECT DELIVERY• Exhibit"A" Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 10 Hugh "Tony" Plante Inspector Tony Plante brings more than 30 years of experience in project management and Project Experience inspection of public works construction and maintenance projects including p landscaping, asphalt paving, slurry seal, concrete sidewalks, curb and gutter, Inspection responsibilities for the driveways and handicap ramps and utility coordination on underground projects. Mr. following agencies: Plante is particularly strong in contractor compliance with plans and specifications, • County of Los Angeles administrative duties including the requirements for federally funded projects such as • City of La Mirada employee interviews, certified payroll compliance and managing the required • City of Fountain Valley documentation. Mr. Plante possesses interpersonal skills necessary in dealing with a • City of Yorba Linda • variety of problems encountered in a Public Works environment. He has the ability to City of Huntington Beach • manage multiple tasks in a deadline driven environment and deal with the high stress City of Covina levels. He is extremelydetailed oriented and has excellent organizational and project • City of Lake Forest p • City of Temple City management skills. • Charter Oak Unified School District As an Inspector, Mr. Plante is responsible for inspecting new construction or repair Education work for roadway, bridges, railroads, signals, culverts, drainage, water, sewer, and Mount San Antonio College dry utility systems under the supervision of a construction manager. Registration/Certification Mr.Plante's project experience includes: Certified Arborist-WC1156, County of Los Angeles County, Richvale Drive Resurfacing - As Senior International Society of Arboriculture Public Works Inspector responsible for inspecting this $1.2M Residential street repaving including Cold Milling, Asphalt Rubber Hot Mix overlay, Placement of Pest Control Advisor-05265 Asphalt Rubber Aggregate Membrane, and Slurry Seal. Project responsibilities Qualified Applicator-31203,California included resident notification, traffic control and street closure coordination, Department of Agriculture oversight of contractor paving operations, manhole adjustment, pavement legends and striping, installation of traffic detector loops, Employee Interviews and Best Years of Experience Management Practices. Entered the profession in 1980 City of La Mirada. Alicante Road Resurfacing from La Mirada Boulevard to Santa Gertrudes Avenue -Senior Public Works Inspector,the project consisted of removal of existing AC pavement and base in selected locations; cold mill existing AC pavement; construction of 6" of CMB base, PG 64-10 AC base course,ARHM overlay and PCC curb ramps,curb and gutter and sidewalk. Mr. Plant also inspected the associated striping and installation of signs. Mr. Plante monitored the Contractor's activities and traffic control, produced daily reports, maintained a file of materials delivery tickets and verified pay quantities. City of Fountain Valley,Talbert Avenue and Brookhurst Street Rehabilitation and Resurfacing-Public Works Observer for the $888,000 rehabilitation and resurfacing of Talbert Avenue from Magnolia Avenue to Newland Avenue and Brookhurst Street from Warner Avenue to Heil Avenue. The project included a full width cold milling operation on both of these major arterial streets, ARHM resurfacing, handicap ramp removal and replacement, installation and improvement of existing driveways, portions of sidewalk,curb and gutter. Due to the impact on public travel this project required considerable oversight of traffic control measures to minimize public inconvenience. Mr. Plante provided the Lead Inspector administrative assistance for Federal funding compliance. The administrative duties included the production of daily reports tracking the Contractor's manpower, equipment and hours; weekly statement of working days; keeping a record of quantities; employee interviews; review of progress payments to confirm billing quantities and review change orders to confirm work to be performed. ANDERSON•PENNA •PARTNERS IN PROJECT DELIVERY. Exhibit"A" Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 11 City of Yorba Linda. Street Rehabilitation of Yorba Linda Boulevard — Construction Observer for the rehabilitation project consisting of the removal and replacement of existing handicap ramps, cold mill grinding, dig outs,AHRM overlay and restoration of traffic detector loops,signage and striping. City of Lake Forest, Public Works Superintendent— Mr. Plante was responsible for the planning, scheduling and management of the daily operations of the City's programs and services that provide maintenance, repair, construction and improvement of the City's infrastructure. This also included management of all City facilities; arterial highway and residential street maintenance and repairs, maintenance of 170 acres of parks and streetscapes, urban forest, storm drains, hardscape, traffic signs, City buildings, supervision and contract administration for road maintenance and operations, landscape maintenance, and graffiti abatement. He was responsible for budget expenditures in excess of $2,000,000 annually for operations and maintenance and for the project management of over $4,000,000 in Capital Improvement Projects for the 2003-2004 Fiscal Year, including the construction of the largest CA outdoor concrete skate park. City of Temple City, Maintenance Superintendent - Responsible for maintenance, construction and repair of City facilities including; parks, streetscapes, urban forests, parking facilities, traffic signs and City buildings. Other duties included supervision and contract administration for park, tree and landscape maintenance, graffiti abatement and fleet maintenance. City of Fountain Valley, Fountain Valley Recreation Center Master Plan Expansion. Lead Inspector for the$18 million expansion of a major regional recreation center for the City of Fountain Valley. The project involves the rehabilitation of the existing 55 acre sports facility and a 23 acre expansion. The project added six adult softball fields soccer and other league baseball fields, sports field lighting,fiber optic communications,two new rest room and concession facilities, new maintenance facility, over 1 mile of nature trails, eight parking lots, storm drain, sewer system, water, irrigation, landscaping and access roads throughout the facility. ANDERSON•PENNA •PARTNERS IN PROJECT DELIVERY• • Exhibit"A" Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 12 SECTION C—PROJECT UNDERSTANDING&SCOPE OF WORK The City of Rancho Palos Verdes has a program that funds street rehabilitation across the city on an annual basis where up to$3 million dollars is available each year to maintain the serviceability of both the local residential streets as well as the arterial streets. This project has been divided into two phases where the first phase will complete the various concrete repairs needed and the second phase will complete the street resurfacing required. This proposal is offered to complete full time construction inspection and construction management for the Phase One project to fully coordinate the field work and the associated administrative activities. It is understood that the necessary construction control will be the consultant's responsibility with minimal City envolvement. Merit will provide all interface between the Contractor and the City's Project Manager. Much of the pre-bid engineering has been completed by the City with the assistance of Bob Merrell. These activities are covered here but to a limited extent as those elements are nearly complete at this time. The Project Manager and inspection team will supply the following services during each stage of the project: DESIGN PHASE o Design document review for bidability and constructability. o Assist with the preparation of contract agreements for the construction and for support services such as testing. o Assist with public relations through out the project. PROCUREMENT PHASE o Assist with bidding and contracting including bid documents, information to bidders, bid addenda, bid opening and evaluation. o Prepare a detailed bid spread for thourough bid error checking and comparison, if requested. o Assist with meetings including pre-bid meetings,the bid opening and pre-award conferences. CONSTRUCTION PHASE o Provide effective team coordination including regular and consistent management and reporting. o Conduct regular project meetings including pre-construction, progress and special meetings,as necessary. o Monitor Contractor's schedule and ensure compliance is maintained. o Track progress quantities, budget and cost variations. o Assist with payment request with detailed quantity summary. o Manage all communications between the City and the Contractor. o Manage all change order requests,claims and disputes. o Process all Requests for Information(RFI)between the designers and the Contractor. o Manage materials testing to maintain quality product. o Assist in maintaining good public relations with the public. o Provide value engineering where appropriate. o Maintain project notebook throughout the construction period and furnish to the City. MERIT MUNICIPAL EKING SERVICES I • Exhibit"A" Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 13 o Prepare documentation for final payment to the Contractor. o Provide inspection and final punch list and documentaton for final project acceptance. o Maintain As-built drawings throughout the construction period. o Assemble and deliver all project records to the City at the end of the project. POST CONSTRUCTION PHASE o Prepare As-built documentation o Coordinate any warranty information o Process final payment,retention release and documentation for project close out. CONSTRUCTION OBSERVATION o Conduct field investigation of the project area to become familiar with the existing facilities and project environment. o Compile a photo log of existing improvements. o Provide full time inspection observation of all construction activities to monitor material and methods to ensure compliance with the plans and specifications. o Prepare daily inspection and observation reports. o Maintain communication with the Construction Manager with all issues Specifically the following activities will be completed by Tony Plante,our lead inspector. Participate in Pre-construction and Progress Meetings:The inspector will attend,and participate in a pre-construction conference,chaired by the Construction Manager,to orient the Contractor to the various reporting procedures and site rules. Safe Conditions:The inspector will monitor project work and adjacent areas for unsafe conditions,promptly require corrective measures to be addressed by the Contractor in compliance with the contract documents and report such issues and corrective measures taken to the City. Quality Assurance:The inspector will coordinate QA/QC activities on a daily basis and require any apparent deficiencies to be resolved in a timely manner. The Inspector will visit each site on a regular,full time basis,during the normal working hours to verify construction progress and to verify that work conforms to contract requirements. Deputy and special inspection and materials sampling and testing, if required and performed by others,will be coordinated and provided as required by the plans and specifications. When necessary,corrective measures will be implemented and re-inspected/re-tested to verify acceptable completion. The inspector will reject work that does not conform to the requirements of the contract documents and will promptly report unacceptable work to the City and contractor. Rejected work will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of the City. Daily Construction Observation Reports:The inspector will compile daily observation reports documenting the contractor's workforce, material and equipment used,a summary of construction activities,field problems,disputes or claims, resolutions of issues and directions given to the contractor. Completed daily reports will be transmitted to the Construction Manager on a weekly basis who will then pass the reports to the City. MERIT MUNKIPAL ENGINEERING SERVICES Exhibit"A" Residential Street Rehabilitation-Phase 1 FY 2011-12 Construction Management and Inspection Page 14 Photographs:The inspector will utilize electronic photos in documenting the construction progress. Photos shall be taken before construction begins,during construction and upon completion of the project. Weekly Statement of Working Days:The inspector will provide input regarding the progress of the work to the Construction Manager,who will prepare a weekly statement of working days documenting the construction progress, time of completion,delays and time extensions,and submit to Contractor and the City on a weekly basis, if so desired by the City. Utility Coordination: The inspector will assist the contractor and City,as requested by the City,to assist the coordination and expediting of temporary and permanent utility installations, utility relocations utility access structure adjustments,etc. Submittal Processing:The inspector will compare submittals(reviewed and approved by the Construction Manager) with materials delivered to the project to confirm the proper products are incorporated into the constructed product. RFPs: The inspector will provide input regarding field conditions,as requested by the City, in relation to resolution of RFIs submitted by the Contractor. Stormwater Pollution Prevention:The inspector will monitor and document compliance with Storm Water Pollution Prevention requirements set forth in the plans and specifications. Apparent deficiencies noted will be addressed with the contractor for immediate remedy. Upon a weather report of expecting rain,a site walk will be conducted to ensure that Best Management Practice measures are in place and well maintained. Change Orders: If requested,the inspector will provide input to the Construction Manager who will consider, negotiate and process change orders as necessary. Upon approval by the City,the inspector will monitor the proper implementation of change order work. Once fully executed,the inspector will expedite and review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application. Daily Extra Work Reports:The inspector will verify and sign contractors daily extra work reports documenting force account(time&materials)work. The inspector will monitor that only appropriate worker classifications necessary for approved time and materials work is included on extra work reports. Any inappropriate workforce and/or equipment charges will be promptly rejected and removed from extra work reports. Progress Payment Processing: The inspector will maintain measurements of quantities placed,and obtain the Contractor's representative's concurrence with measured quantities. The inspector will assist the Construction Manager to review the payment applications submitted by the contractor and determine whether the amount requested reflects the progress of the contractors work. The inspector will recommend appropriate adjustments to each payment application as applicable. Pre-Final Inspection:The inspector will coordinate with appropriate project stakeholders, perform the final job walk and prepare the punch list(deficiency list). The inspector will coordinate and observe completion of required corrections. Final Inspection:Satisfactory completion of all punch list items is verified before the inspector recommends processing of the"Notice of Completion". Upon completion of the punch list and final sign off by all project stakeholders,the inspector will make recommendation to City regarding the Contractor's final progress payment request. MERIT MUNICIPAL ENGINEERING SERVICES • Exhibit"A" AI Residential Street Rehabilitation-Phase 1 FY 2011-12 _ ___ Construction Management and Inspection Page 15 SECTION D-REFERENCES ...__._._..___....._I Professional Reference Relevant Projects Merit Work Experience as Prime Consultant: Steve May City of Laguna Beach Virginia Park Storm Drain 505 Forest Avenue Cerritos Drive Hillside Repair Laguna Beach,CA 92651 Boat Canyon Park Tel: (949) 497-3311 smay@laqunabeachcity.net Randy Nguyen San Diego Creek Bike Trail—Hewes City of Orange Collins Avenue Undercrossing Department of Public Works 300 E.Chapman Avenue Orange,CA 92866 Tel: (714) 744-5531 rnquvenCa citvoforange.org Innovative Technical Solutions, Inc. USAF Plant 42—Perimeter Road Reconstruction 1891 N. Gaffey Street,Suite 211 Davis Monthan AFB—Street Reconstructions San Pedro,CA 90731 USAF Plant 42—Drainage Improvements (310)832-2600 emunroc itsi.com Three Arch Bay Homeowner's Association Community-wide Street Reconstruction Contact: Drew Harper Phone: (949)240-0324 Cell: (949)212-0410 MERIT MUNICIPAL ENGINEERING SERVICES • Exhibit"A" MERIT Municipal Engineering Land Surveying Infrastructure November 1, 2012 Nicole Jules Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Subject: Fee Proposal-Construction Management and Inspection-Residential Street Rehabilitation Phase I 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. Our total fee for this project is $ 191,056. which is broken down by category as specified below. CATEGORY AMOUNT • Construction Management Design Phase Covered previously ---------------- -- Procurement Phase Coveredpreviously Construction Phase $89,126 Post Construction $4,836 Construction Observation $97,094 GRAND TOTAL $191,056. 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. '/."1;f,t4-7-77fit•-<-CA-( 6<— Robert Merrell. P.E. President Merit Civil Engineering, Inc. Office: (714)748-0531 12391 Lewis Street, Suite 201 Fax: (714) 748-0681 Garden Grove. CA 92840 Exhibit"A" City of Rancho Palos Verdes. Construction Management and Inspection-Residential Rehabilitation Phase I-FY 2011-12 Fee Breakdown Project Estimate November 1,2012 Classification Constr. Inspect. Constr. CADD 2-Man Manager Manager Inspector Draftsman Clerical Crew Total Billing Rate Outside Hourly Billing Rate 1 $170 I $170 1 $105 I $108 I $82 I $245 Hours Summary Costs Comments TASK BREAKDOWN Construction Phase-Construction Management 1. Provide effective team coordination including regular and 33 16 49 $6,922 consistent management and reporting. 2. Conduct regular project meetings including pre- 25 20 16 61 $8,962 construction,progress and special meetings,as necessary. 3. Monitor Contractor's schedule and ensure compliance is 40 40 $6,800 maintained. 4. Track progress quantities,budget and cost variations. 40 20 40 100 $14,400 5. Assist with payment request with detailed quantity 40 20 60 $10,200 summary. 6. Manage all communications between the City and the 40 40 $6,800 Contractor. 7. Manage all change order requests,claims and disputes. 40 40 $6,800 8. Process all Requests for Information(RFI)between the 40 20 60 $10,200 designers and the Contractor. 9. Manage materials testing to maintain quantity product. 8 8 $1,360 10.Assist in maintaining good public relations with the 20 20 $3,400 public. - — — - - — 11.Provide value engineering where appropriate. 60 60 $10,200 12.Maintain project notebook throughout the construction 20 40 32 92 $12,824 period and fumish to the City. 13.Prepare documentation for final payment to the 40 10 4 54 $8,828 Contractor. 14.Provide inspection and final punch list and 20 20 40 $6,800 documentation for final project acceptance. 15.Maintain As-built drawings throughout the construction 16 16 $2,720 period. 16.Assemble and deliver all project records to the City at 8 8 $1,360 $250 Gen.Reproduction the end of the project Subtotals 490 150 40 0 68 0 748 $118,576 $250 $118,826 RPV-Res 2011-12 Fee.xls MERIT CIVIL ENGINEERING,INC. Page 1 of 2 . Exhibit"A" City of Rancho Palos Verdes. Construction Management and Inspection Residential Rehabilitation Phase I-FY 2011-12 Fee Breakdown . Project Estimate November 1,2012 Classification Constr. Inspect Constr. CADD 2-Man Manager Manager Inspector Draftsman Clerical Crew Total Baling Rate Outside Hourly Baling Rate I $170 I $170 I $105 I $108 I $82 I $245 I Hours Summary Costs Comments Post Construction Phase-Construction Management 1. Prepare As-built documentation 16 4 20 $3,048 2. Coordinate any warranty information 4 4 $680 3. Process final payment,retention release and 4 4 8 $1,008 $100 Gen.Reproduction documentation for project close out. Subtotals 24 0 0 0 8 0 32 $4,736 $100 $4,836 Construction Phase-Construction Observation 1. Conduct field investigation of the project area to become 40 40 $4,200 familiar with the existing facilities and project environment 2. Compile a photo log of existing improvements. 40 40 $4,200 3. Provide tun time inspection observation of an construction activities to monitor material and methods to ensure 480 480 $50,400 compliance with the plans and specifications. 4. Prepare daily inspection and observation reports. 40 40 $4,200 5. Maintain communication with the Construction Manager 40 40 $4,200 $194 Gen.Reproduction with all issues Subtotals 0 0 640 0 0 0 640 $67,200 $194 $67,394 Hours 514 150 680 0 76 0 1,420 ESTIMATED FEE TOTALS Cost $87,380 $25,500 $71,400 $0 $6,232 $0 $190,512 $544 $191,056.00 Notes 1. Fee estimate is based on 80 working day construction period. 2. Material testing and construction surveys are excluded from the estimate. 3. The portion of the estimate related to the reconstruction of Via Victoria is$6,500 4. The portion of the estimate related to the reconstruction of Woodfem Drive is$5,500 RPV-Res 2011-12 Fee.xls MERIT CIVIL ENGINEERING,INC. Page 2 of 2 Exhibit"A" MERIT CIVIL ENGINEERING, INC. STANDARD SCHEDULE OF HOURLY RATES (Effective June 1, 2012 to June 30, 2013) Classification Hourly Fee Rate ENGINEERING Principal Engineer 170.00 Project Manager 170.00 Project Engineer(CADD) 148.00 Design Engineer(CADD) 130.00 Drafter(CADD) 108.00 Technical Aid 90.00 SURVEYING/RIGHT OF WAY ENGINEERING Survey Analyst 155.00 Two-man Field Crew 245.00 REAL PROPERTY SERVICES Licensed Surveyor 170.00 CONSTRUCTION SERVICES Construction Administrator 170.00 Sr. Construction Inspector 105.00 Assistant Inspector 95.00 OTHER SERVICES Clerical 82.00 Miscellaneous supplies, local travel and other indirect project expenses are included in the above hourly rates. The above schedule is for straight time. Overtime will be charged at 1.25 times the standard hourly rates. Sunday and holidays will be charged at 1.70 times the standard hourly rates.