RPVCCA_CC_SR_2015_04_21_I_McCarrell_Canyon_Pipe_Relining_ProjectAM
CITY OF t RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS
DATE: APRIL 21, 2015
SUBJECT: AWARD CONTRACTS FOR CONSTRUCTION AND
INSPECTION SERVICES FOR THE McCARRELL
CANYON PIPE RELINING PROJECT (SUPPORTS 2014
CITY COUNCIL GOAL #2, INFRASTRUCTURE)
REVIEWED: DOUG WILLMORE, CITY MANAGER
Project Manager: Andy Winje, Senior Engineer
RECOMMENDATION
Approve the project specifications on file in the Public Works Department for the
McCarrell Canyon Pipe Relining Project.
2. Award a construction contract to Industrial Coatings and Fireproofing, Inc. in the
amount of $496,994.69, a professional services agreement for inspection
services to West Coast Coating Consultants, LLC in the amount of $31,500, and
a professional services agreement to KOA Corporation in the amount of $14,000
and authorize Staff to utilize an additional 10% ($50,000) for project contingency.
3. Authorize the Mayor and City Clerk to execute the agreements.
BACKGROUND
The City installed the 66 -inch diameter 2,100 foot long McCarrell Canyon storm drain pipe
in 2007. During recent inspections, Staff has noted the interior lining (coating) of the steel
pipe has worn excessively in places due to the heavy debris loads handled by the pipe in
large storms. The purpose of the lining is to protect the steel pipe wall from corrosion due
to the elements. Because this pipe is situated adjacent to salty marine air and moisture, it
is especially important to restore the integrity of the lining in the pipe.
During the construction of the San Ramon pipeline project Staff became aware of a newer
technology used to line large diameter steel pipes that experience heavy debris loading.
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Award Contracts for McCarrell Canyon Pipe Relining
April 21, 2015
Page 2 of 3
The newer technology coating is more resistant to impacts and abrasion that the original
lining material that protected the pipe when installed in 2007. Staff has developed
construction documents specifying this newer technology be used to restore the pipe lining.
The pipeline lies beneath private property for a portion of its length and the Contractor and
inspectors will need to access the pipe and stage a portion of its operation in storm drain
easements on those properties. Staff is working in cooperation with the managers of those
properties to coordinate the work. The engineer's estimate for this project is $620,000.
ANALYSIS
Construction Contract
The project was publicly advertised and sealed bids were received and opened on April 9,
2015. Industrial Coatings and Fireproofing, Inc. submitted the lowest responsive bid out of
the six bids received. The following table summarizes the bids received:
BID SUMMARY
Construction Companies
Bid Amount
Industrial Coating & Fireproofing, Inc
$
496,994.69
Sancon, Inc.
$
594,635.00
FD Thomas, Inc.
$
669,900.00
Abhe & Svoboda, Inc.
$
672,533.00
Murphy Industrial Coatings
$
724,373.00
Certified Coatings, Inc.
$1,148,745.00
Staff has verified Industrial Coatings & Fireproofing, Inc.'s references and found their past
performance on jobs of similar size and scope to be satisfactory. Industrial Coatings &
Fireproofing, Inc. has completed several similar -scale projects, including similar work at the
recently completed San Ramon Canyon Storm Drain Project, and other local industrial
facilities. Their bid, bonds, and insurance documents are in order and their contractor's
license is current.
Project Inspection
To ensure first-class work, materials, and workmanship during this specialty construction
project, specialized inspection services are needed to oversee surface preparation and
lining activities in the pipe and verify specification compliance. Staff has selected West
Coast Coating Consultants, LLC based on their qualifications and prior experience on past
similar projects. The cost for this project's coating inspection services will not exceed
$31,500.
Construction Management
KOA Corporation provided construction management and support for the successful San
Ramon Canyon Storm Drain Project, which included similar work to the scope of work for
this project. KOA also served as the construction manager when the McCarrell Canyon
pipe was installed and has an established relationship with the private property owners
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Award Contracts for McCarrell Canyon Pipe Relining
April 21, 2015
Page 3of3
whose property must be accessed to do the work. Staff recommends continuing the use
of KOA for construction management and support services for this related project, in order
to provide continuity and familiarity of City processes and State grant requirements from
the San Ramon project and previous McCarrell Canyon work to this project. KOA has
proposed a lump sum cost of $14,000 for this work.
ALTERNATIVE
The alternative is to reject all construction bids and re -advertise the construction project.
This alternative could take approximately two months to complete and may result in an
increase in bids. It will also result in a loss of eligibility for grant reimbursement.
CONCLUSION
Adopting Staff's recommendations will award a construction contract to Industrial Coatings
& Fireproofing, Inc. in the amount of $496,994.69, award a professional services contract in
the amount of $31,500 to West Coast Coating Consultants for coatings inspection, award
a professional services contract in the amount of $14,000 to KOA Corporation for
construction management and support and authorize staff to utilize 10% of the contract
amount ($50,000) as contingency for unforeseen circumstances. Construction is expected
to begin in May 2015 and be completed by June 30, 2015. The City Attorney has reviewed
and approved the construction and professional services agreements.
FISCAL IMPACT
The recommended action will result in a total project authorized expenditure of
$592,494.69. Funding for the project is included in the Water Quality Flood Protection
Program of the FY14-15 budget including continuing appropriations from the previous year.
A portion of the project costs (about half) are eligible for reimbursement from remaining
grant monies awarded as part of the San Ramon project. An amendment to the Prop 1 E
Grant Agreement allows funds to be used on this project. However, the deadline for work
to be completed is June 30, 2015. Therefore, it is important to award the work as soon as
possible to allow the contractor to complete the work by the June 30th deadline. Work
performed after this date will not be eligible for reimbursement.
Attachments:
Project Location Map (page 4)
Industrial Coatings & Fireproofing, Inc. Construction Contract (page 5)
West Coast Coating Consultant, LLC Professional Services Agreement (page 30)
KOA Corporation Professional Services Agreement (page 46 )
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Project Location Map
CITY OF RANCHO PALOS VERDES
PUBLIC WORKS AGREEMENT
MCCARRELL CANYON PIPE RELINING PROJECT
THIS AGREEMENT ("Agreement") is made and entered this 21st day of April, 2015, by and
between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and
Industrial Coatings and Fireproofing, Inc. ("Contractor"). Contractor's license number is 860266.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
Scope of Services. Contractor shall perform the work and provide all labor, materials,
equipment and services in a good and workmanlike manner for the project identified as
MCCARRELL CANYON PIPE RELINING PROJECT ("Project"), as described in this
Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the
Instructions to Bidders, the Proposal, the General Provisions, the Special Provisions, the
Technical Provisions, and all addenda as prepared prior to the date of bid opening setting
forth any modifications or interpretations of any said documents), which are attached
hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous
appurtenant work. All work shall be performed in accordance with the latest edition of the
Standard Specifications for Public Works Construction (commonly known as the
"Greenbook"), including supplements, prepared and promulgated by the Southern
California Chapter of the American Public Works Association and the Associated General
Contractors of California (collectively "Standard Specifications"), which is incorporated
herein by this reference. In the event of any conflict between the terms of this Agreement
and incorporated documents, the terms of this Agreement shall control.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and
accepted by the Contractor, shall be paid for under written work order in accordance with
the terms therein provided. Payment for extra work will be made at the unit price or lump
sum previously agreed upon in writing between the Contractor and the Director of Public
Works. All extra work shall be adjusted daily upon report sheet furnished by the Contractor,
prepared by the Director of Public Works, and signed by both parties, and said daily report
shall be considered thereafter the true records of extra work done.
3. Effective Date. This Agreement is effective as of the date listed above, and shall remain
in full force and effect until Contractor has rendered the services required by this
Agreement.
4. Time. Time is of the essence in this Agreement.
5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in
performance under this Agreement due to causes beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or
other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight
embargoes, unusually severe weather, and supplier delays due to such causes. Neither
economic nor market conditions nor the financial condition of either party shall be
considered a cause to excuse delay pursuant to this Section. Each party shall notify the
other promptly in writing of each such excusable delay, its cause and its expected delay,
and shall upon request update such notice.
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6. Compensation. In consideration of the services rendered hereunder, City shall pay
Contractor a not to exceed amount of four hundred ninety-six thousand nine hundred
ninety-four dollars and sixty-nine cents ($496,994.69) in accordance with the prices as
submitted in Contractor's Proposal, attached hereto as Exhibit "B" and incorporated herein
by this reference.
7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed
and properly submitted payment request from Contractor. City shall return to Contractor
any payment request determined not to be a proper payment request as soon as
practicable, but not later than seven (7) days after receipt, and shall explain in writing the
reasons why the payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by
the City Council. However, progress payments shall not be made in excess of ninety-five percent
(95%) of the percentage of actual work completed plus a like percentage of the value of material
delivered on the ground or stored subject to, or under the control of, the City, and unused. The
City shall withhold not less than five percent (5%) of the Agreement price until final completion
and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been
completed, if the City Council of the City finds that satisfactory progress is being made, it may, at
its discretion, make any of the remaining progress payments in full for actual work completed.
8. Substitute Security.
a) At the written request and expense of Contractor, securities equivalent to any
moneys withheld by the City to ensure performance under this Agreement shall be
deposited with the City, or with a state or federally chartered bank in the State of
California as the escrow agent, that shall then pay those moneys to Contractor.
Upon satisfactory completion of the Agreement, the securities shall be returned to
Contractor.
b) Alternatively, Contractor may request that the City shall make payment of
retentions earned directly to the escrow agent at the expense of Contractor. At the
expense of Contractor, Contractor may direct the investment of the payments into
securities, and Contractor shall receive the interest earned on the investments
upon the same terms provided for securities deposited by Contractor. Upon
satisfactory completion of the Agreement, Contractor shall receive from the escrow
agent all securities, interest, and payments received by the escrow agent from the
City, pursuant to the terms of this Section.
C) Securities eligible for investment shall include those listed in California
Government Code Section 16430, bank or savings and loan certificates of deposit,
interest-bearing demand deposit accounts, standby letters of credit, or any other
security to which Contractor and the City mutually agree in writing. Contractor
shall be the beneficial owner of any securities substituted for moneys withheld and
shall receive any interest thereon.
d) If Contractor elects to receive interest on moneys withheld in retention by the City,
it shall, at the request of any subcontractor performing more than five percent (5%)
of Contractor's total bid, make that option available to the subcontractor regarding
any moneys withheld in retention by Contractor from the subcontractor. Further
on
mandatory details are provided in Public Contract Code Section 22300(d), which
is incorporated herein by this reference.
e) The escrow agreement for security deposits in lieu of retention shall be
substantially similar to the form provided in Public Contract Code Section 22300(f),
which is incorporated herein by this reference.
9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension
and other taxes imposed by local, State of California and federal law. These payments
are included in the total amounts in Exhibit "B."
10. Audit. The City or its representative shall have the option of inspecting and/or auditing all
records and other written materials used by Contractor in preparing its billings to the City
as a condition precedent to any payment to Contractor. Contractor will promptly furnish
documents requested by the City. Additionally, Contractor shall be subject to State Auditor
examination and audit at the request of the City or as part of any audit of the City, for a
period of three (3) years after final payment under this Agreement.
11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor
regarding whether the conditions materially differ, involve hazardous waste, or cause a
decrease or increase in Contractor's cost of or time required for performance of any part
of the work, Contractor shall not be excused from any scheduled completion date provided
for by the Agreement, but shall proceed with all work to be performed under the
Agreement. Contractor shall retain any and all rights provided that pertain to the resolution
of disputes and protests between the parties. In the event of any dispute or controversy
with the City over any matter whatsoever, Contractor shall not cause any delay or
cessation in or of work, but shall proceed with the performance of the work in dispute.
This includes disputed time extension requests and prices for changes. The disputed work
will be categorized as an "unresolved dispute" and payment, if any, shall be as later
determined by mutual agreement or a court of law. Contractor shall keep accurate,
detailed records of all disputed work, claims and other disputed matters. Public Contract
Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24
("Claims Against the City") shall govern the procedures of the claim process, and these
provisions are incorporated herein by this reference.
12. Termination. This Agreement may be canceled by the City at any time with or without
cause without penalty upon thirty (30) days' written notice. In the event of termination
without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered
prior to date of termination as determined by the City, and such payment shall be in full
satisfaction of all services rendered hereunder.
13. Indemnity.
a) Contractor's Duty. To the maximum extent permitted by law, Contractor shall
defend, indemnify, and hold harmless the City, its elected officials, officers,
employees, volunteers, agents, successors, assigns, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees") from and against any and all claims (including, without limitation,
claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, proceedings, suits, losses, bid protests, stop
notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every
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kind and nature whatsoever, in any manner arising out of or incident to any act,
failure to act, error or omission of Contractor or any of its officers, agents, servants,
employees, subcontractors, materialmen, suppliers or their officers, agents,
servants or employees, arising out of the Agreement, including without limitation,
the payment of all consequential damages, attorneys' fees, experts' fees, and
other related costs and expenses (individually, a "Claim," or collectively, "Claims").
Further, Contractor shall appoint competent defense counsel approved by the City
Attorney at Contractor's own cost, expense and risk, to defend any and all such
Claims that may be brought or instituted against Indemnitees. Contractor shall pay
and satisfy any judgment, award or decree that may be rendered against
Indemnitees in any such Claim. Contractor 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. Contractor's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Contractor or
Indemnitees. This indemnity shall apply to all Claims regardless of whether any
insurance policies are applicable.
b) Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor
shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
C) Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass
Indemnitees' sole negligence or willful misconduct to the limited extent that the
underlying Agreement is subject to Civil Code section 2782(a) or the City's active
negligence to the limited extent that the underlying Agreement is subject to Civil
Code section 2782(b).
d) Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they
may possess against Contractor because the acceptance by City, or the deposit
with City, of any insurance policy or certificate required pursuant to this Agreement.
This indemnity provision is effective regardless of any prior, concurrent, or
subsequent active or passive negligence by Indemnitees and shall operate to fully
indemnify Indemnitees against any such negligence.
e) Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties
claiming under or through it, hereby waives all rights of subrogation and
contribution against the Indemnitees, while acting within the scope of their duties,
from all Claims arising out of or incident to the activities or operations performed
by or on behalf of the Contractor regardless of any prior, concurrent or subsequent
active or passive negligence by Indemnitees.
f) Survival. The provisions of this Section 13 shall survive the termination of this
Agreement and are in addition to any other rights or remedies that Indemnitees
may have under the law. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee's right
to recover under this indemnity provision.
14. Incorporation bV Reference. All of the following documents are attached hereto and
incorporated herein by this reference: City of Rancho Palos Verdes Instructions for
Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes
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Public Works Contract; Workers' Compensation Certificate of Insurance; Additional
Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement
(Automobile Liability); and Additional Insured Endorsement (Excess Liability).
15. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign
to the City all rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the California Business and
Professions Code) arising from purchases of goods, services, or materials pursuant to the
Agreement. This assignment shall be made and become effective at the time the City
tenders final payment to Contractor without further acknowledgment by the parties.
16. Trenching and Excavations. If the project involves trenching more than four (4) feet deep,
Contractor shall promptly and before the following conditions are disturbed notify the City
in writing of any: material that Contractor believes may be material that is hazardous
waste, as defined in California Health and Safety Code Section 25117, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance with provisions
of existing law; subsurface or latent physical conditions at the site differing from those
indicated; or unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as inherent in work
of the character provided for in the Agreement. The City shall promptly investigate the
conditions, and if the City finds that the conditions do materially differ or do involve
hazardous waste and cause a decrease or increase in Contractor's cost of or the time
required for performance of any part of the work, the City shall issue a change order.
17. Utilities. The City acknowledges its responsibilities under Government Code section 4215
and incorporates that section herein by this reference.
18. Location of Existing Elements. The methods used and costs involved to locate existing
elements, points of connection and all construction methods are Contractor's sole
responsibility. Accuracy of information furnished, as to existing conditions, is not
guaranteed by the City. Contractor, at its sole expense, must make all investigations
necessary to determine locations of existing elements, which may include, without
limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing
specialized locating equipment and/or hand trenching.
19. Independent Contractor. Contractor 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 Contractor or any of the Contractor's employees, except as herein set forth,
and Contractor 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 at the Contractor wishes except as expressly provided in this Agreement.
Contractor shall have no power to incur any debt, obligation, or liability on behalf of the
City, bind the City in any manner, or otherwise act on behalf of the City as an agent.
Contractor 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.
Contractor agrees to pay all required taxes on amounts paid to Contractor 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. Contractor shall fully
comply with the workers' compensation law regarding Contractor and its employees.
Contractor further agrees to indemnify and hold the City harmless from any failure of
Contractor to comply with applicable workers' compensation laws. The City shall have the
right to offset against the amount of any compensation due to Contractor under this
Agreement any amount due to the City from Contractor as a result of its failure to promptly
pay to the City any reimbursement or indemnification arising under this Section.
20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to
which prevailing wages apply. The Agreement to Comply with California Labor Law
Requirements is attached hereto and incorporated herein by this reference. Eight hours
of labor constitutes a legal day's work.
21. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that
every contractor will be required to secure the payment of compensation to its employees.
In accordance with the provisions of California Labor Code Section 1861, the Contractor
hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to under- take self-insurance in
accordance with the provisions of that code, and I will comply with
such provisions before commencing the performance of the work of
this contract."
22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and
Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is
incorporated herein by this reference.
23. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any
individual based on race, color, religion, nationality, gender, sex, sexual orientation, age
or condition of disability. Contractor understands and agrees that it is bound by and will
comply with the nondiscrimination mandates of all statutes and local ordinances and
regulations.
24. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred
throughout the duration of this Agreement. Contractor shall not perform work with
debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.
25. Compliance with Laws. Contractor shall comply with all applicable federal, state and local
laws, ordinances, codes and regulations in force at the time Contractor performs pursuant
to this Agreement.
26. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an
amount that is not less than the total compensation amount of this Agreement, and nothing
in this Agreement shall be read to excuse this requirement. The required forms entitled
Payment Bond (Labor and Materials) and Performance Bond are attached hereto and
incorporated herein by this reference.
27. Contractor's Representations. Contractor represents, covenants and agrees that: a)
Contractor 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
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any kind that will limit or prevent its full performance under this Agreement; c) there is no
litigation pending against Contractor, and Contractor is not the subject of any criminal
investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor
nor its personnel have been convicted of a felony.
28. Conflicts of Interest. Contractor 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 Contractor "financially interested,"
as provided in Government Code Section 1090 and 87100, in any decisions made by City
on any matter in connection with which Contractor has been retained pursuant to this
Agreement.
29. Third Party Claims. City shall have full authority to compromise or otherwise settle any
claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt
of any third -party claim relating to the Agreement. City shall be entitled to recover its
reasonable costs incurred in providing this notice.
30. Non -Assignability; Subcontracting. Contractor shall not assign or transfer any interest in
this Agreement nor any part thereof, whether by assignment or novation, without the City's
prior written consent. Any purported assignment without written consent shall be null,
void, and of no effect, and Contractor 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 or relating to any unauthorized assignment.
31. Applicable Law. 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.
32. Titles. The titles used in this Agreement are for convenience only and shall in no way
define, limit or describe the scope or intent of this Agreement or any part of it.
33. Authority. The person executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
34. Entire Agreement. This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between City and
Contractor. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be modified or amended, nor
any provision or breach waived, except in a writing signed by both parties which expressly
refers to this Agreement.
35. 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.
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36. 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 Contractor 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 Contractor, 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.
37. 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
Contractor'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:
Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
The address listed in Exhibit "B."
38. Counterparts. This Agreement may be executed in counterpart originals, duplicate
originals, or both, each of which is deemed to be an original for all purposes.
39. 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.
[signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and
year first above written.
ATTEST:
By:
City Clerk
Dated:
CITY OF RANCHO PALOS VERDES
By:
Mayor
APPROVED AS TO FORM:
By: .
City Attorney
("CONTRACTOR")
By:
Printed Name:
Title:
By:
Printed Name:
Title:
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EXHIBIT "A"
BID DOCUMENTS
(Bid documents are on file with the Director of Public Works)
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EXHIBIT "B"
CONTRACTOR'S PROPOSAL
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PROPOSAL
CITY OF RANCHO PALOS VERDES
MCCARRELL CANYON PIPE RELINING PROJECT
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF RANCHO PALOS VERMES:
The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any
other person, firm or corporation, and that the only persons or parties interested as principals are
those named herein; (2) bidder has carefirlly examined the project plans, specifications,
instructions to bidders, proposal, notice to contractors and all other information firnished therefore
and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions
to be encountered, the character, quality and quantities of work to be performed and materials to
be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive
evidence that such examination and investigation have been made and agrees, in the event this
contract be awarded to bidder, to enter into a contract with the CITY OF RANCHO PALOS
VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of
the specifications, in the time and manner therein prescribed, and to f irnish or provide all
materials, labor, tools, equipment, apparatus and other means necessary so to do, except such
thereof as may otherwise be furnished or provided under the terms of said specifications, for the
following stated unit prices or lump -sun) price as submitted on the Schedule attached hereto:
The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial
Safety Record.
Accompanying this proposal is Bid Bond (Insert) "$ 49,699.47 "cash,"
"Cashier's Check," "certified check," or "Bid Bond," as the case may be) in the amount equal to
at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and
the unit prices quoted in the Bid Sheets.
The undersigned further agrees that should he/she be awarded the contract on the basis hereof and
thereafter, defaults in executing the required contract, with necessary bonds and documents, within
ten (10) days, not including Sundays and legal holidays, after having received notice that the
contract has been awarded and is ready for signature, the proceeds of the security accompanying
his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal
and the acceptance thereof may be considered null and void.
Licensed in accordance with an act providing for the registration of contractors, California
Contractor's License No. 86A6 L-33�,,C41,ss , Expiration Date 6/30/2015
Signature(s) of bidder:
If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all
individual co-partners cornposing the firth. If a corporation, state legal name of corporation, also
names of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures
and the corporate seal are required for corporations,
Legal Business Name: Industrial Coatings & Fireproofing Inc.
Address: 1398 E. 29th Street Signal Hill, CA 90755
P - l
R6876•0001\1$004100.doc
16
Telephonc:_ (562)426-71
Contact:_ Shawn Claypool
Proposals Nvllich do not Show the number and date of the Bidder's License under the provisions of
Chapter 9 of Division 3 of the Business & Professional Code will be rejected. To be submitted
with eaob bid to contract for City of Rancho Palos Verdes MCCARRELL CANYON PIPE
RELINING PROJECT
Bid Date 4/9/2015 10:00am PST
This information must include all construction work undertaken in the State of California by the
bidder and partnership joint venture or corporation that any principal of the bidder participated in
as a principal or owner for the last five calendar years and the current calendar year prior to the
date of bid submittal. Separate information shall be submitted for each particular partnership, joint
venture, corporate or individual bidder. The bidder• may attach any additional information or
explanation of data whicb bidder would like to be taken into consideration in evaluating the safety
record. An explanation must be attached of the circumstances surrounding any and all fatalities,
P-2.
86876.0001\1800410v2.doc
17
CITY OF RANCHO PALOS VERDES
BID SHEET"
MCCARRELL CANYON PIPE RELINING PROJECT
NAME OF COMPANY: industrial Coatings & Fireproofing Inc.
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a
contract to furnish all labor, materials, equipment and supplies for the project identified as
MCCARRELL CANYON PIPE RELINING PROJECT in accordance with the specifications
and plans for demolition, construction and installation in the Contract Documents which are on
file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the
satisfaction and under the direction of the Director of Public Works at the following prices:
LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL
COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND
NECESSARY INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS.
SURVEY, GRADING, AND BMPS SHALL BE CONSIDERED INCLUDED IN THE
INDIVIDUAL BID ITEMS. NO ADDITIONAL PAYMENTS WILL BE MADE.
The quantities reflected on the plans and in the bid -sheets are representative of the amount of work
for each item on the project, but are not final quantities to be used for computing payment. Payment
will be based on the measurement of actual work completed. The contractor must aiotify in writing
to the project manager of all discrepancies between actual bid quantities and those shown in the
bid document prior to commencement of work in any area of the project.
P-3
86876.0001\18004100.doc
BID SCHEDULE
TOTAL BASE BID SCHEDULE IN NUMBERS: $ 496,994.69
TOTAL BASE BID SCHEDULE IN WORDS: Four Hundred Ninety-Stx Thousand, Nine Hundred Ninety Four Uollursand Sixty Nine Cents
The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE
BID.
INFORMATION REQUIRED Or BIDDER
The bidder is required to supply the following information: (Additional sheets may be attached if
necessary.)
(1) Address; 1398 E. 29th Street Signal hill, CA 90755
(2) Telephone: (562)426-7105
(3) Type of firm - Individual, Partnership, or Corporation:
(4) Corporation organized under the laws of the State of
California
(5) Contractor's license number and class:
860266 C-33
(6) DIR Contractor Registration Number: 1600018402
(7) List the names and addresses of all members of the firm or names and titles of all officers
of the corporation:
Shawn Claypool - Vice President
Rene Godov - President
P-4
R6876.00011180041W.doc
ICJ
UNIT OF
UNIT
TOTAL
ITEM
DESCRIPTION
MEASURE
QUANTITY
COST $
COST b
1--
Mobilization
LS
—1
$20,000 –
_ 520,000
2
Slant Drain & Lower
Canyon: Station 10+54
LP
428
th. a 14+58,360
$390.18
$166,997.04
degrees with 801nil
3
Upper Canyon: Station
14+48 thru 32+25,120
degrees with 80 mil,
LF
1777
$174.45
$309,997.65
240 degrees with 30
mil
TOTAL BASE BID SCHEDULE IN NUMBERS: $ 496,994.69
TOTAL BASE BID SCHEDULE IN WORDS: Four Hundred Ninety-Stx Thousand, Nine Hundred Ninety Four Uollursand Sixty Nine Cents
The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE
BID.
INFORMATION REQUIRED Or BIDDER
The bidder is required to supply the following information: (Additional sheets may be attached if
necessary.)
(1) Address; 1398 E. 29th Street Signal hill, CA 90755
(2) Telephone: (562)426-7105
(3) Type of firm - Individual, Partnership, or Corporation:
(4) Corporation organized under the laws of the State of
California
(5) Contractor's license number and class:
860266 C-33
(6) DIR Contractor Registration Number: 1600018402
(7) List the names and addresses of all members of the firm or names and titles of all officers
of the corporation:
Shawn Claypool - Vice President
Rene Godov - President
P-4
R6876.00011180041W.doc
ICJ
(8) Number of years experience as a contractor in construction work 8 years
(9) hist at least tlu•ee similar projects completed as of recent date:
Contract
Amount
Class of
Work
Date
Completed
Name, Addt•ess of Owner, &
Telephone No.
$2 181 p00L2014) _,
C-33
_ On- oin
Phillips b6 Scott i7unbar�310)290-1524 _
M19.000(20141_
C-33
On- oin
AES - Stuart Bakke (714)374-1462 C3a_.Parsons d
$221,000 2014
C-33
12/31/2014
Kinder Mor an - Wa ne Eggerneyer 714 560-4871
(10) List the name of the person who inspected the site of the proposed work for your firm:
Shawn Claypq_41
(10) NOTA: Upon request of the CITY, the bidder shall fiu`ish evidence showing a notarized
financial statement, financial data, construction experience, or other information.
(11) "Bidder shall be properly licensed at the time of bid submission or t11e bid shall be
considered non-responsive and sliall be rejected."
P-5
86876.0001 \1 8004 1 M.doc
62)493-7761
20
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
[Business & Professions Code 7028.151
[Public Contract Code 20103,51
1, the undersigned, certify that I am aware of the following provisions of California law and that I,
or the entity oil whose behalf this certification is given, hold a currently valid California
contractor's license as set forth below:
Business & Prgfessions Corte 7028.15,-
(a)
028.15,
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to
engage in the business or act in the capacity of a contractor within this state without
having a license therefore, except in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the
Public Contract Code or on any local agency project governed by Section
20104 [now ` 20103.5] of the Public Contract Code,
(b) If a person has been previously convicted of the offense described in this section,
the court shall impose a fine of 20 percent of the price of the contract under- which
the unlicensed person performed contracting work, or four thousand five hundred
dollars ($4,500), whichever is greater, or imprisonment in the county jail for not
less than 10 days nor more than six months, or both,
Irr the event the person performing the contracting work has agreed to filrnish
materials and labor on an hourly basis, "the price of the contract" for the purposes
of this subdivision means the aggregate sum of the cost of materials and labor
furnished and the cost of completing the work to be performed.
(c) This section shall not apply to a joint venttn•e license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the
bid shall be subject to this section with respect to his or her individual licensure.
(d) `Phis section shall not affect the right or ability of a licensed architect, land surveyor,
or registered professional engineer to form joint ventures with licensed contractor
to render services within the scope of their respective practices,
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency
by a contractor who is not licensed in accordance with this chapter shall be
considered non-responsive and shall be rejected by the public agency. Unless one
of the foregoing exceptions applies, a local public agency shall, before awarding a
contract or issuing a purchase order, verify that the contractor was properly licensed
when the contractor submitted the bid. Notwithstanding any other provision of law,
unless one of the foregoing exceptions applies, the registrar may issue a citation to
any public officer or employee of a public entity who knowingly awards a contract
or issues a purchase order to a contractor who is not licensed pursuant to this
P-6
80876.0001\180041Ov2.doc
91
chapter. "rhe amount of civil penalties, appeal, and finality of such citations shall
be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarder{ to, or
any purchase order issued to, a contractor who is not licensed pursuant to this
chapter is void.
(1) Any compliance or noncompliance with subdivision (e) of this section, as added by
Chapter 863 of the Statutes of 1989, sliall not invalidate any contract or bid awarded
by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this
section if the public employee, officer, or employing agency made an inquiry to the
board for the purposes of verifying the license status of any person or contractor
and the beard failed to respond to the inquiry within three business days. For
purposes of this section, a telephone response by the board sliall be deemed
sufficient.
Public Contract Corle 20103.5:
In all contracts subject to this part where federal fiends are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with the laws of this
state. However, at the time the contract is awarded, the contractor shall be properly
licensed in accordance with the laws of this state. The first payment for work or material
under any contract shall not be made unless and until the Registrar of Contractors verifies
to the agency that the records of the Contractor's State License Board indicate that the
contractor was properly licensed at the tine the contract was awarded. Any bidder or
contractor not so licensed shall be subject to all legal penalties imposed by law including,
but not limited to, any appropriate disciplinary action by the Contractor's State License
Board. The agency shall include a statement to that effect in the standard form of
preyualification questiomiaire and financial statement. Failure of the bidder to obtain
proper and adequate licensing for an award of a contract shall constitute a failure to execute
the contract and shall result in the forfeiture of the security of the bidder.
License No.: 860266
Class: C-33
Expiration Date: 6/30/2015
Date: 4/9/15
Signature:.___
P-7
R6876,000I N180041 M.doc
22
"NOT APPLICABLE
DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or
improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and
installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount
in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or
highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all
Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.
Name under which
Subcontractor is Licensed
and Registered
CSLB 'License
Number(s) and
Class(es)
j DIR Contractor
Registration
Number
Address and Phone Number
Type of Work
(e.g.,
Electrical)
j Percentage of
Total Bid (e.g..
10%)]
i
i
I
i
*'SNOT APPLICABLE
fV ' The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b).
W
P -S
R6976-0001\180041 Ovldoc
Bidder's Name Industrial Coatings & Fireproofing Inc.
*Information is for North American Coatings LLC & Subsidiaries. Industrial Coatings & Fireproofing Inc. is a wholly owned subsidiary of North American Coatings.
The above information was compiled from the records that are available to me at this time and l declare under penalty of perjury that the information
is true and accurate within the limitations of those records.
Signature:
Title: VicePresident
Date: 4/9/11
R6S76.4001\130041 Ov2.doc
Signature: J ) �
Title: ESH Irepre-entVve
Date' 4!912015
•
Current Year
2014
2013
2012
2011
2010
Total
of Record
�
Number of contracts
111
224
188
179
227
202
1,131
Total dollar amount of
contracts (in thousands of
dollars)
522,747
$46.417
$51,246
553,891
$39,601
537,279
i $251,181
Number of fatalities
1 0
0
0
0
0
0
0
I
Number of lost workday cases
0
1
0
2
0
0
3
Number of Iost workday cases
E
involving permanent transfer
to another job or termination
0
0
0
0
0
0
0
of employment
a
*Information is for North American Coatings LLC & Subsidiaries. Industrial Coatings & Fireproofing Inc. is a wholly owned subsidiary of North American Coatings.
The above information was compiled from the records that are available to me at this time and l declare under penalty of perjury that the information
is true and accurate within the limitations of those records.
Signature:
Title: VicePresident
Date: 4/9/11
R6S76.4001\130041 Ov2.doc
Signature: J ) �
Title: ESH Irepre-entVve
Date' 4!912015
•
131D BOND
KNOW ALL PERSONS BY THESE PRESENTS that;
WHEREAS [lie _ City of Rancho Palos Verdes _ ("Public
Agency"), has issued an invitation for bids for the work described as follows:
MCCARRELL CANYON PIPE RELINING PROJECT (Project xxxxxx)
WHEREAS Industrial Coatings & Fireproofing, Inc.
1398 E. 29th Street, Signal Hill, CA 90755
(Name and address of Bidder)
("Principal"), desires to submit a bid to Public Agency for the work,
WHEREAS, bidders are required under the provisions of the California Public Contract Code to
furnish a form of bidder's security with their bid,
NOW, THEREFORE, we, the undersigned Principal, and Atlantic Specialty Insurance Company
150 Royall Street, Canton MA 02021-1030
(Nance and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Ten Percent of Amount Bid
Dollars ($ 10% ), being not less than ten percent (10%) of the total bid price, in
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is
awarded a contract for the work by the Public Agency and, within the time and in the manner
required by the bidding specifications, enters into the written form of contract included with
bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the
other to guarantee payment for labor- and materials, and fiunishes the required insurance coverage,
then this obligation sliall become mill and void; otherwise, it shall be and remain in full force and
effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the
Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety
hereby waives the provisions of California Civil Code 2845,
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the
date set forth below, the name of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated; April 9, 2015
"Principal" "Surety"
Industrial Coatings & Fireproofing, Inc. Atlantic Specialty Insurance Company
P-10
R6876-0001 \1 8004 100,doe 25
By:
By:
Its:
W... -- By:
(Seal)
4A. W4 "_1--
Its: Ila Delman, Attorney-in-fact
Its:
(Seal)
Note: This bond must be elated, all signatures must be notarized, and evidence of the authority of
any person signing as attorney-in-fact must be attached,
P-11
R6876.0001\1 80041 Ov2.dm 26
ACKNOWLEDGEMENT OF SURETY
STATE OF ILLINOIS
COUNTY OF COOK
On this 9t" day of April, 2015, before me personally came Ila
Delman to me known, who being by so duly sworn, did depose and
say: that he/she is
Attorney -In -Fact of Atlantic Specialty Insurance Company
The Corporation described in and which executed the foregoing
instrument; that he/she knows the seal of said Corporation; that the
seal affixed by authority granted to him/her in accordance with By -
Laws of the said Corporation, and that he/she signed his/her name
thereto by like authority.
OFFICIAL SEAL
KIMBERLY BRAGG
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES OWN 7
No ary Pub ' , Kimbe
27
WOO'
One Beacon
INSURANCE GROUP power of Attorney
SuretyBond No: Bid Bond Principal: Industrial Coatings & Fireproofing, Inc,
Obligee: City of Rancho Palos Verdes
KNOW ALL MEN BY TIJESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Minnetonka,
Minnesota, does bereby constitute and appoint: Ila Delman each individually if there be more than one named, its true and lawful Attomey-in
-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of iodernity, and all other writings obligatory in the nature
thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: fifty million dollars (550,000,000) and the execution of such
bonds, recognizanccs, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if
they had been fully signed by an authorized officer ofthe Company and sealed with the Company seat. This Power of Attomey is made and executed by authority of the
following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer') may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -
Fact.
Resolved: That the Attomey-in-Fact maybe given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall
be as binding upon the Company as if sigued and scaled by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal maybe affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and scaling any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal ofthe Company
to be affixed this eighth day of December, 2014.
co °SEAL m�
�' 1986 : Y
y$ B
STATE OF MINNESOTA �Vi ::., -W -to?`as"�
+.. �d N Paul J. Brehm, Senior Vice President
•••• .. N
HFNNIPEN COUNTY *, wNO
On this eighth day of December, 2014, before me personalty came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, tome
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly swom, that be is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seat and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
j/a "k�*i� SA LESNA V. S. BEEK$
i Notary Public jt� V S,
- State of Minnesota
My Commission Expires
January 31, 2020 NotaryPublic
I, the undersigoed, Assistant Secretary ofATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney
is in full force and has not been revoked, and the resolutions set forth above are now in force.
Signed and scaled. Dated 1 St day of April 2015
W•
a°tyV�Gpti�ORgjFn`g
�bf SEAL. truer
�" .
ri: 19ss for
`✓
�4A�1 Y��p�'taa�o
James G. Jordan, Assistant Secretary
W•
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code § 7106]
State of California
County of Los Angeles ) ss.
City of Signal Hill )
The undersigned declares; Industrial Coatings &
1 am the Vice President of Fireproofing Inc. , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or to refrain fi-oln bidding. The bidder has not in
any manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for
such pill -pose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that lie or she has full power to execute, and does execute, this declaration on behalf of
the bidder.
1 declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on 4/9/2015 [date], at
Signal Hill [City], California [stat
Signature
Subscribed and sworn to before me oil
(Notary Seal) Signature ycr"��
Notary Pub is
tUtt?U5BA R pAR'fE
Commission # 1976051
Notary Public - Calftmia
Los Anpetes County
M Comm. t:x ices Jun 9, 2016
P-12
R6876.0001\180041M Am 29
CITY OF RANCHO PALOS VERDES
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 21st day of April, 2015,
by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")
and West Coast Coating Consultants, LLC (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:
McCarrell Canyon Pipe Relining Project - In general, the work comprises
abrasive blasting the remaining" lining from the steel pipe to an acceptable preparation,
including collection and disposal of generated debris, and re -line the pipe with a 30 mil to
80 mil specified coating.
1.2 Description of Services
CONSULTANT shall: Provide inspection and construction support services
for the McCarroll Canyon Pipe Relining Project, as described in the CONSULTANT's
Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this
reference. In the event of any conflict between the terms of this Agreement and
incorporated documents, the terms of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default
by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish
timely information or to approve or disapprove CONSULTANT's work promptly, or delay
or faulty performance by CITY, other consultants/contractors, or governmental agencies,
or any other delays beyond CONSULTANT's control or without CONSULTANT's fault.
2.1 Fee
ARTICLE 2
COMPENSATION
Page 1 of 11
R6876-0001\1347726v1.doc Agreement for Professional/Technical Services
G •
CITY agrees to compensate CONSULTANT an amount not to exceed thirty
one thousand five hundred dollars ($31,500) for services as described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
West Coast Coating Consultants
1563 Solano Ave #452
Berkeley, CA 94707
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the labor and materials for
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 "A." The schedule of hourly rates shall be in effect through the end
of this Agreement.
2.5 Term of Agreement
This Agreement shall commence on April 21, 2015 and shall terminate on
August 31, 2015 unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
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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 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
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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
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
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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 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.
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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.
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
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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 seg.).
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
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.
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(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 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.
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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
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
6.14 Notice
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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:
Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Greg Whiting, President
West Coast Coating Consultants
1563 Solano Ave #452
Berkeley, CA 94707
[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:
Dated:
ATTEST:
City Clerk
R6876-0001\1347726v1.doc
West Coast Coating Consultants, LLC
("CONSULTANT')
By:
Printed Name:
Title:
By:
Printed Name:
Title:
CITY OF RANCHO PALOS VERDES
("CITY")
M
Mayor
APPROVED AS TO FORM:
go
City Attorney
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Agreement for Professional/Technical Services
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Exhibit "A":
Consultant's Proposal, including Schedule of Hourly Rates
Exhibit "A"
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WEST COAST COATING CONSULTANTS
IDUSTRIAL, MARINE
COATING INSPECTION PHONE: 415-244-6429
FAILURE ANALYSIS, COATING SURVEYS FAX: 510-528-5416
March 25, 2015
Email. AndyW@prpvca.gov
Mr. Andy Winji
Ranchos Palos Verdes
Public Works Department
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Subject: Proposal for Construction Support and Inspection Services:
McCarrell Canyon Pipe Relining Project
Dear Mr. Winji:
As you requested, West Coast Coating Consultants (WCCC) is pleased to provide
this proposal for providing construction support and inspection services regarding the
upcoming McCarrel Canyon Pipe Relining Project.
We hope you find the attached proposal responsive to your needs. WCCC is
eager to provide these services To the City of Ranchos Palos Verdes. We appreciate your
careful consideration of our proposal and look forward to a positive evaluation. I will
contact you in a few days to confirm receipt of this proposal and answer any of your
questions. However, feel free to contact me immediately at 415-244-6429, or e-mail at
gregwcec@gmail.coin if you require any additional information.
Sincerely,
West Coast Coating Consultants LLC
Greg Whiting
President
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West Coast Coating Consultants LLC
SCOPE OF SERVICES
The specific Scope of Services to be undertaken by WCCC to implement the
Project Approach outlined above is as follows:
Task 1: Review of Specifications
WCCC will review the specifications that have been prepared for the City
and prepare a letter report that provides recommendations for modification. If only one
lining is included in the specification, WCCC will. provide at least two additional
equivalent linings. In addition WCCC will provide recommendations for quality control
testing during the lining application. Specific tests and inspections will be provided
along with the applicable industry standards for performing those tests.
Task 2: Pre -Construction Assistance
If requested by the City, WCCC will provide pre -construction support on an
as -needed basis. WCCC will participate in the pre-bid meeting, answer any technical
questions relating to the project, review all submitted bids and recommend the lowest
qualified responsive bidder. All questions raised during or directly after the meeting will
be documented and answered in writing. The responses will be submitted to the City for
distribution to all bidders.
Task 3: Construction Support
WCCC will review submittals and requests from the Contractor for approval,
such as subcontractors, materials, supplies, equipment and quality control plan and make
recommendations to the City. If alternative products are submitted WCCC will evaluate
those alternatives for acceptability and compliance with the specification. In addition,
WCCC will provide technical support throughout the project in order to address any
technical issues that arise.
Task 4: Inspection Services
Task 4.1 Pre -Job Proiect Set -Up - Observation of the construction process starts
with an initial review of the project specification by the WCCC Project
Manager including the contractor's submittals, and other documents
relevant to the specified work. Based upon the results of this review, the
Project Manager will establish project -specific inspection observation
criteria for the inspector to follow.
Task 4.2 Daily Inspection of Surface Preparation and Application - A National
Association of Corrosion Engineers (NACE) Level 3 (peer) Certified
Coatings Inspector will be assigned to the project full-time during key
periods of active surface preparation or application.
43
West Coast Coating Consultants LLC
Specific Inspection duties include:
• Performing hold -point quality assurance observations of surface
preparation and coating application.
• Completing Daily Inspection Reports (IRs) documenting
measurements and observations made during the day,
• Submitting copies of IRs to the Contractor so that any required in -
process corrections can be made, and to the City and WCCC's
Project Manager so that project status can be monitored.
• Reporting non -conformances with the project specification to the
Contractor, the City and WCCC's Project Manager to facilitate
acceptable resolution.
• Co-ordination with the City's inspector.
• Providing recommendations for progress payments
• Recommending acceptance of the completed painting project.
WCCC's Project Manager will review the IRs prepared by the Inspector on
a weekly basis and compare results to the requirements of the specification.
Any deviations or discrepancies will be brought to the attention of the
Inspector so that timely adjustments can be made.
Task 4.3 Project Close -Out - A final project report is prepared to summarize the
requirements of the specification and the quality of the work that was performed and
witnessed by WCCC. This report will be submitted following completion of the project.
The final project report summarizes pertinent portions of the project including ambient
conditions, the type and quality of the surface preparation and application achieved,
materials and dry film thickness summaries, inspection and monitoring equipment used,
specialized testing required in the scope of services, and deviations from the
specification.
PROJECT SCHEDULE
WCCC is prepared to initiate work on the referenced scope of services upon
establishment of some form of contract. WCCC understands that the bid date is April 9,
2015. WCCC can support that date.
West Coast Coating Consultants LLC
COST OF SERVICES
WCCC invoices for assessment services on a time and material basis. However, for
planning purposes, the cost to provide these services is estimated below.
WCCC will invoice only for actual services provided and expenses incurred. The
following in an estimate of the costs associated with this project.
Task 1: Review of Specifications
Coatings Consultant................ 8 hours @ $150/hour................... $ 1,200.00
Task 2: Pre -Construction Assistance
Coatings Consultant................ 14 hours @ $150/hour.................. $ 2,1.00.00
Total Cost of Construction Assistance ............................. $ 3,600.00
Task 3: Construction Support
Coatings Consultant ................ 8 hours @ $150/hour.................... $ 1,200.00
Task 4: Inspection Services Hourly Rates
Regular Time Hourly Rate = $75.00 per hour
Overtime Hourly Rate = $90.00 per hour
Estimated inspection cost for 45 working days at 8 hours per day = $27,000.00
Rates are all inclusive with no additional costs. 8 Hour daily minimum.
QUALIFICATIONS AND EXPERIENCE
West Coast Coating Consultants, LLC has offices in Berkeley California,
Northridge, California and Olympia, Washington. WCCC employs NACE Certified
Coating Inspectors who have extensive practical experience in the industrial coating
industry. Owner, Greg A. Whiting has over 28 years of coatings and more than 16 years
of experience conducting industrial coating inspection as a NACE Certified Inspector and
a Quality Assurance/Quality Control Supervisor.
WCCC's staff includes ten NACE Certified Coating Inspectors — some of whom
have more than 35 years industrial coating experience and more than 20 years experience
as a NACE Certified Inspector. Our inspectors are qualified to conduct all tests in the
ASTM Protective Coating Inspection Standards Guide. In addition our inspectors are
excellent communicators who forge effective working relationships with clients and
contractors alike.
WCCC also employs a chemical/corrosion engineer who has over thirty years of
coating and corrosion experience. The WCCC Engineer is a NACE Certified Coating
Inspector and an SSPC Certified Coating Specialist.
45
CITY OF RANCHO PALOS VERDES
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 21st day of April, 2015,
by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")
and KOA Corporation (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:
McCarrell Canyon Pipe Relining Project - In general, the work comprises
abrasive blasting the remaining" lining from the steel pipe to an acceptable preparation,
including collection and disposal of generated debris, and re -line the pipe with a 30 mil to
80 mil specified coating.
1.2 Description of Services
CONSULTANT shall: Provide construction management and construction
support services for the McCarrell Canyon Pipe Relining Project, as described in the
CONSULTANT's Proposal, which is attached hereto as Exhibit "A" and incorporated
herein by this reference. In the event of any conflict between the terms of this Agreement
and incorporated documents, the terms of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default
by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish
timely information or to approve or disapprove CONSULTANT's work promptly, or delay
or faulty performance by CITY, other consultants/contractors, or governmental agencies,
or any other delays beyond CONSULTANT's control or without CONSULTANT's fault.
2.1 Fee
ARTICLE 2
COMPENSATION
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CITY agrees to compensate CONSULTANT an amount of fourteen
thousand dollars ($14,000) for services as described in Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
KOA Corporation
1411 W. 190th Street, Suite 525
Gardena, CA 90248
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10) days of the receipt of each invoice. However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.4 Additional Services
CITY may request additional specified work under this Agreement. All such
work must be authorized in writing by the CITY's Director of Public Works prior to
commencement. CONSULTANT shall perform such services, and CITY shall pay for
such additional services in accordance with CONSULTANT's Schedule of Hourly Rates,
which is within Exhibit "A." The schedule of hourly rates shall be in effect through the end
of this Agreement.
2.5 Term of Agreement
This Agreement shall commence on April 21, 2015 and shall terminate on
December 31, 2015 unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
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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 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
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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
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
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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 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.
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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.
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
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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 seg.).
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
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.
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(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 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.
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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
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
6.14 Notice
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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:
Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Alan Braatvedt, Vice President
1411 W 190th Street, Suite 525
Gardena, CA 90248
[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:
Dated:
ATTEST:
in
City Clerk
R6876-0001\1347726v1.doc
KOA Corporation
("CONSULTANT')
By:
Printed Name:
Title:
By:
Printed Name:
Title:
CITY OF RANCHO PALOS VERDES
("CITY")
Mayor
City Attorney
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Exhibit "A":
Consultant's Proposal, including Schedule of Hourly Rates
Exhibit "A"
R6876-0001\1347726v1.doc
57
PKOA CORPORATION
PLANNING � PAGINEER NG
April 9, 2015
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Attention: Andy Winje
141 1 W. 190th St. Suite 525
Gardena, CA 90248
t: 310.329.0102 f: 310.329.1021
www.l<oacor-pot-ation.com
RE: Construction Management Services for the Relining of McCarrell Canyon
Dear Mr. Winje:
KOA Corporation ("KOA") appreciates the opportunity to submit this proposal to the City of Rancho
Palos Verdes to provide Construction Management and Public Relations services for the McCarrell
Canyon Pipeline Relining Project. KOA has the expertise and resources required to assist the City of
Rancho Palos Verdes in a timely and efficient manner for the execution of this project.
The KOA team, our project systems, and our entire management structure are geared to providing
flexible services to agencies such as yours. We assure that our key personnel will be assigned to provide
services for its duration and will not be removed or replaced by us without concurrence from the City
of Rancho Palos Verdes.
Alan Braatvedt will be the Management Contact and Project Manager for this contract. The contract
would be managed though the South Bay office at 1411 W. 190th Street, Suite 525, Gardena, CA, 90248;
Phone: 310.329.0102; Fax: 310.329.1021; Email: alanb@koacorp.com. Thank you for this opportunity to
offer our services to the City of Rancho Palos Verdes. Should you have questions during the selection
process, please contact me at 310.525.0684.
Sincerely,
KOA Corporation
L rjv— —
Alan Braatvedt
V.P. of South Bay Operations
LOSANGELES ONTARIO ORANGE SAN DIEGO SOUTH BAY
58
KOA CORPORATION
PLANNING S FNGINFFRING
Summary of Services
KOA Corporation will provide professional services to the City of Rancho Palos Verdes for the project,
which will include:
• Public Relations outreach, specifically for the sections of the project that run through Bay Club
and St. Peter's Church and the access to the beach adjacent to the Pre -School at Abalone Cove.
• Managing the contract, which will include: schedule controls; beach access; private property
access and constraints; addressing RFI's and all unforeseen conditions; measurement; change
management negotiations etc.
• Document Controls, including: Correspondence; permits; payment applications; labor
compliance; warrantees; final sign off of the project and all other required documentation.
Schedule
We propose to use Alan Braatvedt as the Construction Manager and specifically as the point of contact
between the contractor and the property owners and to conduct all outreach and negotiations. Alan
may be assisted in the document controls and contract management by Mike Jenkins.
Project Experience
KOA and Alan in particular, has been intimately involved with the similar San Ramon Canyon project
and was directly involved with the construction of the McCarrell Canyon Storm Drainage System a few
years ago. During the McCarrell Canyon construction project, Alan was the point person representing
the City in dealing directly with Bay Club; St Peters and the Pre-school at Abalone Cove. We have
worked extensively with the City and so understand's the way that the City operates and know most of
the Staff.
Fee
We anticipate a requirement of about 14 -hours a week for the service, averaged over 7 weeks at the
rate of $140/hour. We understand that the initial work will begin before the start of work and will likely
wrap up after the construction is completed and so propose a lump -sum cost of $14,000
Expenses
Project expenses are included in the Fee
City of rancho Palos Verdes
McCarrell Canyon Relining: CM Services 2 419/59
KOA CORPORATION
FtANNING, & ENGINEERING
Authorization
The signature below indicates the Client has carefully reviewed this proposal and authorizes KOA to
proceed. Please return this authorization together with a copy of the complete proposal to our office.
Our work cannot commence until we receive this written authorization or an executed agreement.
Alan Braatvedt Date
V.P. of South Bay Operations
KOA Corporation
City of Rancho Palos Verdes ("Client") has carefully reviewed this proposal and hereby authorizes KOA
Corporation to commence work as indicated within the terms and conditions of this proposal.
Signature
Date
Name (please print)
Title (please print)
City of Rancho Palos Verdes
McCarroll Canyon Relining: CM Services 3 4/990