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RPVCCA_CC_SR_2014_02_18_F_Construction_Management_and_Inspection_SvcsCrTYOF RANCHO PALOS VERDES MEMORANDUM TO: FROM: HONORABLE MAYOR & CITY COUNCIL MEMBERS MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS 'ii;) DATE: FEBRUARY 18, 2014 SUBJECT: AWARD CONSTRUCTION, CONSTRUCTION MANAGEMENT AND INSPECTION, AND ARBORISTS' SERVICES CONTRACTS, AND AMEND EXISTING ON- CALL ENGINEERING AND ON-CALL LAND SURVEYING CONTRACTS, FOR THE ARTERIAL ROADS REHABILITATION PROJECT-FY 2011-2012 PALOS VERDES DRIVE EAST REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE~ Project Manager: Nicole Jules, Senior Engineer"1'\c6 RECOMMENDATIONS: 1) Adopt Resolution No. 2014-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2013-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2013-14, FOR A BUDGET ADJUSTMENT TO THE CITY'S STREET IMPROVEMENTS PROGRAM WITHIN THE INFRASTRUCTURE IMPROVEMENT FUND 2) Approve the construction plans and contract documents for the FY 2011-2012 Arterial Roads Rehabilitation Project -Palos Verdes Drive East; 3) Award a construction contract to All American Asphalt, Inc. in the amount of $2,768,000 for the project; 4) Award a professional services agreement to AndersonPenna Partners, Inc. in the amount of $226,760 for Construction Management, Project Inspection, Materials Testing and Quality Assurance services; 5) Approve the first amendment to the on-call land surveying services agreement with KDM Meridian, which requires that prevailing wages be paid for the surveying work performed for the Arterial Roads Rehabilitation Project-Palos Verdes Drive East project; 6) Approve the first amendment to the on-call engineering and public works support services agreement with Charles Abbott Associates, Inc., which requires that F-1 prevailing wages be paid for the surveying work performed for the Arterial Roads Rehabilitation Project -Palos Verdes Drive East project; 7) Award a professional services contract to GS Brothers, Inc. in the amount of $4,000.00 for arborists services; 8) Authorize staff to utilize an additional 5% ($152, 190) for contingency; and 9) Authorize the Mayor and City Clerk to execute the agreements. BACKGROUND Every two years, the City implements an arterial street rehabilitation project as part of its street improvement program. This current project extends along Palos Verdes Drive East (PVDE) from the City's northerly boundary with the City of Rolling Hills Estates near Conestoga Drive to approximately 150 feet south of Vista Del Mar. The most southern portion of PVDE, which includes the switchbacks, is excluded from the project scope and will be resurfaced in the near future upon the completion of the San Ramon Drainage Project. When this FY11-12 arterial street rehabilitation project is completed, 90% of the City's arterial roadways will be in good to excellent condition. The project was originally scheduled to start construction last summer but due to multiple large-scale projects occurring along PVDE, it was determined to allow those projects to be completed prior to the resurfacing. Some of the projects that contributed to the decision to delay construction included California Water Service's 36-inch mainline improvement project, the Marymount Parking Lot Expansion project and multiple utility upgrades along the corridor. DISCUSSION The project's scope includes roadway rehabilitation consisting of removal of failing asphalt concrete and base material and replacing it with full-depth asphalt concrete, asphalt concrete grinding, asphalt rubberized hot mix overlay, microsurfacing, installation of ADA-compliant curb access ramps, visibility improvements, removal and replacement of damaged asphalt concrete sidewalk, tree root pruning, tree removal and trimming, replacement of damaged or faded traffic signs, and replacement of existing striping and pavement markers. An extensive bidability and constructability review process was conducted for the construction plans and project specifications. This process lengthened the total design time for the project, but is anticipated to pay dividends in reducing the likelihood of time and cost overruns during the construction phase of the project. Construction Contract The project was publicly advertised and sealed bids were received and opened on January 23, 2014. All American Asphalt submitted the lowest responsive bid out of 6 bids received. The following table summarizes the bids received: F-2 BID SUMMARY Construction Companies Bid Amount All American Asphalt $2,768,000.00 Griffith Company $2,920,536.26 Sequel Contractor's Inc. $3,252, 756.15 Sully-Miller Contracting Co. $3,324,420.00 Hardy & Harper, Inc. $3,393,000.00 Excel Pavinq Company $3,648, 124.50 The apparent low bidder is All American Asphalt. Staff has verified All American Asphalt's references and found their past performance on jobs of similar size and scope to be satisfactory. All American Asphalt has completed several similar-scale projects, including the recent completion of arterial street rehabilitation projects in the municipalities of Santa Clarita, Laguna Hills, Los Angeles County Department of Public Works and Caltrans, District 12. All American Asphalt's bid documents, bonds, and insurance certificates are in order and their contractor's license is current. The engineer's estimate for the project was $2.2M. The cost difference between the engineer's estimate and All American Asphalt's bid is primarily attributed to additional storm drain work not included in the original estimate. Construction Management/Inspection/Materials Testing and Quality Assurance Contract Professional services are needed for management and inspection of the construction activities. Staff solicited proposals from professional construction management firms to provide these services. Proposals from three firms were received and evaluated using the Quality-Based Selection (QBS) process, which entails a selection process based on qualifications and performance. After review of the proposals, staff chose Anderson Penna Partners, Inc. (APP) as the preferred Construction Management and Inspection firm. Their fee was based on the scope of services outlined in the RFP which includes full-time construction management, inspection and materials testing and quality assurance services. APP will utilize the sub-consultant services of Koury Engineering and Testing, Inc. to conduct the materials testing component of the project. Materials testing plays a critical role in assuring that the quality of material placed by the contractor meets the requirements of the project specifications. APP will manage the testing schedule and frequency on behalf of the City. APP's construction management and inspection approach is consistent with the City's expectation. They propose to provide high quality construction management services with a personal touch. A paving project of this magnitude will require special attention to detail, traffic control and public relations. Staff is confident that the proposed construction manager and inspector will assist the City at delivering a successful project on time and within budget. APP's proposed fee for construction management and inspection services is $226,760. Their proposed hourly rates and associated fees are reasonable and consistent with industry standards. F-3 Construction Survey & Monument Preservation As required by the State of California, Professional Land Surveyor's Act, the City shall secure the professional services of the Land Surveyor for Construction Line Staking, and horizontal and vertical control of the roadway boundary and right of way limits. Land Surveying services will be performed by KDM Meridian for a Not-To-Exceed amount of $22,860. This professional service is awarded based on qualifications, service history and professional experience. KDM Meridian is on the City's approved on-call list for professional services. However, since the payment of prevailing wages is required for this particular project, and it is not generally required for KDM Meridian's on-call contract, the on-call contract is being amended to reflect the use of some funds for this particular project, where prevailing wages will be paid. Public Works Inspection & Oversight Charles Abbott Associates has been providing Public Works inspection services for the City for over 15 years and thus has an indispensable institutional knowledge of the City. In addition, they have extensive experience in providing inspection services for the particular types of construction work performed in this project. Due to the high profile nature of this project, inspection oversight services are needed to coordinate field inspections, laboratory testing, project reporting and staff assistance. Furthermore, Staff has been very pleased with the services provided by Charles Abbott Associates on other similar projects. CAA will perform PW oversight services for a Not-To-Exceed amount of $24,000. CAA was chosen based on qualifications, service history and professional experience. CAA is on the City's approved on-call list for professional services. However, since the payment of prevailing wages is required for this particular project, and it is not generally required for CAA's on-call contract, the on-call contract is being amended to reflect the use of some funds for this particular project, where prevailing wages will be paid. Arborists Services Palos Verdes Drive East is lined with a host of over-grown pine trees that have exceeded their appropriate size for residential frontage. Many of the tree roots have contributed to the degradation of the street and sidewalk. As a result, extensive tree root-pruning will be conducted on this project. The services of professional arborist are needed to monitor tree root-pruning activities and overall tree-health in general. There are a host of trees that will be removed as well as part of the project. Arborists' services will be required to ensure proper removal is conducted. Arborists' services will be performed by GS Brothers for a not- to-exceed amount of $4,000. Their proposed hourly rates and associated fees are reasonable and consistent with industry standards. ALTERNATIVE The alternative is to reject all bids and re-advertise the construction project. This alternative could take approximately two months to complete and may result in an increase in bids. F-4 FISCAL IMPACT The recommended action will result in a total project authorized expenditure of $3,197,810. This project has a current appropriation $2,235,667 and $2,598,027 in available revenue, which is funded with the following sources: Proposition C CIP Fund Balance Water Quality Flood Protection Measure R $1,228,719 $ 30,948 $ 362,360 $ 564,000 $ 412,000 Proposition A Total Revenue $2,598,027 This total revenue will be used for the construction contract with All American Asphalt. The total project expenditures are: Construction Construction Management Construction Surveying PW Oversight $2,768,000 $ 226,760 $ 22,860 $ 24,000 $ 4,000 $ 152,190 Arborists Services Contingency (5%) Total Expenditures $3,197,810 $ 599,783 Additional Funding Required In order to accommodate the project budget shortfall, staff is requesting use of CIP reserves to help offset the difference. The additional appropriation necessary for the project is $962, 143($3,197 ,810 less $2,235,667 already appropriated). Resolution No. 2014-xxx has been prepared requesting a budget amendment for the project. Attachments: Project Location Map Resolution No. 2014-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2013-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2013-14, FOR A BUDGET ADJUSTMENT TO THE CITY'S STREET IMPROVEMENTS PROGRAM WITHIN THE INFRASTRUCTURE IMPROVEMENT FUND All American Asphalt, Inc. Construction Contract Agreement AndersonPenna Professional Service Agreement First Amendment to Agreement with KDM Meridian First Amendment to Agreement with Charles Abbott Associates, Inc. GS Brothers, Inc. Professional Service Agreement F-5 F-6 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2013-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2013-14, FOR A BUDGET ADJUSTMENT TO THE CITY'S STREET IMPROVEMENTS PROGRAM WITHIN THE INFRASTRUCTURE IMPROVEMENT FUND WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council; and WHEREAS, on June 18, 2013, the City Council of the City of Rancho Palos Verdes adopted Resolution 2013-43, approving a spending plan and authorizing a budget appropriation for the 2013-14 fiscal year; and WHEREAS, the City of Rancho Palos Verdes desires that the budget appropriation for the FY 2013-14 Street Improvements Program be increased; and WHEREAS, a budget increase in the Street Improvements Program is necessary to authorize the expenditure of additional funds for the Palos Verdes Drive East Arterial Resurfacing Project; BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: The following adjustments be made to the following Funds: rnec?:$Thu~tYte:lmP:r9vero~nttRet'.~'.i1£~d1~~fm~t1t§ Street Improvements Federal Grant Revenue 330-3031-331-10-00 (362,000) Street Improvements Transfer In 330-3031-391-10-00 724,360 Street Improvements 330-3031-461-73-00 962, 143 $li1ttati:ti:tgiJitfftraitri'i~turiUm~~<ii!mioJ;1F::tfij~:1ait1tUfiijilJii~~:~~:1:,j1;~~;,i~_,1;1;i1~:.1m~~~~:~§o~ W~t~:~::'.rJtf~U1YliI9&1~~:Rt~te¢Iimfi\\tRY'.fiij1k1{1Iuitffiint~ Water Quality/Flood Control Improvements 501-3052-431-73-00 (362,360) Water Quality/Flood ControlTransfer Out 501-3052-491-91-00 362,360 sUHtotijFN'itwiti~;c;iu~11rQ1ets&a;:ct?6fl'.t?l1tr,ijn~~~am~t·ro~nt~a~%11rn;.·mi·i~hl:~i1~1).\i;,g,;£g~ PropQ$iti()n~:JmptoY:em~nt. Pun~,5o10$tttl~frit~ Sp~9bptosti~il?N~ •. t-t· .. ,.1T8E9,,Y~~t···1··.,~~~~A.~, .. l.~~,Q.~~;~.8.~t,~··e·········•2d ... J .. ~.~d.~21~t:~~cit:.~}&~.9.9 .... ,{ ... ,:·,,,, .... ,~'>·3·~s6,22.,o9o9oo .. u ... 9.~ :.~.:~RJ'.'.PPP~l QO; .. 1~roPJQ.Y~!:n~r!)~>r;1J,,1:t .1~ .. J(.l~ •. ffi!R ~':''.:(.;fai,''1:'.;i::f•·~.;~;i;~ .. J.,,. Verified by Finance: f [{) .. F-7 PASSED, APPROVED, AND ADOPTED THIS 18Th DAY OF FEBRUARY, 2018. MAYOR ATTEST: CITY CLERK Resolution No. 2014- State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I, CARLA MORREALE, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2014-was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on February 18, 2014. CITY CLERK F-8 CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT THIS AGREEMENT ("Agreement") is made and entered this 18th day of February, 2014, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and All American Asphalt ("Contractor"). Contractor's license number is 267073. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. 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 Arterial Roads Rehabilitation Project No. 002912, Palos Verdes Dr East from Vista Del Mar to the Northerly City Limits ("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 on file at the Department of Public Works 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 underwritten 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. C-1 F-9 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Two Million Seven Sixty Eight Thousand dollars ($2,768,000) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "A" 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 mandatory details are provided in Public Contract Code Section 22300( d), which is incorporated herein by this reference. C-2 F-10 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 "A." 10. Audit. The City, Los Angeles County Metropolitan Transportation Authority ("Metro"), the County of Los Angeles, the State Auditor of California, the State of California, the Comptroller General of the United States, the United States government, or any of their respective agencies or duly authorized representatives shall have access to all books, documents, papers, and records and other written materials used by Contractor or its subcontractors that are pertinent to or related to the Agreement, such that the aforementioned entities or their representatives may audit, examine, copy, and transcribe all or a portion of the aforementioned written materials. Contractor shall inform its subcontractors of the aforementioned access. Contractor will promptly furnish these written materials if requested by any of the aforementioned entities or their representatives, and Contractor will require the same of its subcontractors. Contractor shall retain all such written materials for a period of three (3) years after final payment under this Agreement and all other pending matters are closed, and Contractor shall require the same of all of its subcontractors. Furthermore, Contractor shall maintain books, records, and other documents pertinent to or related to its work under the Agreement in accordance with generally accepted accounting principles and practices, and Contractor shall require the same of all of its subcontractors. 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, C-3 F-11 employees, volunteers, agents, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "lndemnitees") 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 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 lndemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against lndemnitees in any such Claim. Contractor shall reimburse lndemnitees 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 lndemnitees. 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 lndemnitees' 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. lndemnitees 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 lndemnitees and shall operate to fully indemnify lndemnitees 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 lndemnitees, 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 lndemnitees. 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 lndemnitees may have under the law. Payment is not required as a condition precedent to an lndemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the lndemnitee's right to recover under this indemnity provision. C-4 F-12 14. Incorporation by 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 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 Ill 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. Additionally, if the project requires trenching of five (5) feet or more in depth, Contractor shall submit for the City's acceptance a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. 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 C-5 F-13 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. Davis-Bacon Act. Copeland Anti-Kickback Act. and Prevailing Wages. Contractor acknowledges that this is a federally assisted construction contract and that federal labor standards provisions will be enforced. Contractor will comply with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), both of which are incorporated herein by this reference. Contractor will also comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), both of which are incorporated herein by this reference. Contractor understands that in the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.html) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm), the higher of the two will prevail. 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. C-6 F-14 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. Contractor shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." Contractor shall not perform work with a subcontractor who has been debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." 25. Contract Work Hours and Safety Standards Act. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC§§ 327- 330), as supplemented by Department of Labor Regulations contained in 29 C.F.R. Part 5. All of these statutory provisions are incorporated herein by this reference. Contractor shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than forty (40) hours in that workweek, except as provided in the Contract Work Hours and Safety Standards Act. When a violation occurs, Contractor is liable to the affected employee for the employee's unpaid wages and to the City for liquidated damages equal to ten dollars ($10) for each calendar day on which the individual was required or permitted to work in excess of the standard workweek without payment of the overtime wages required by this chapter.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. Clean Air Act and Enerav Efficiency. Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations ( 40 CFR part 15), and mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 27. 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. 28. 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 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. 29. 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. C-7 F-15 30. 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. 31. 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 Contractor 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. Contractor shall not obtain or attempt to obtain copyright protection as to any Written Products. Contractor 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. Contractor 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. Contractor 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. Contractor 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, Contractor, 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 Contractor shall deliver to the City all Written Products and other deliverables related to the Project without additional cost or expense to the City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to the City. 32. 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 C-8 F-16 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. 33. 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. 34. 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. 35. 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 Co.ntractor and has the authority to bind Contractor to the performance of its obligations hereunder. 36. 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. 37. 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. 38. 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. 39. 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: Mr. Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 C-9 F-17 To CONTRACTOR: The address listed in Exhibit "A." 40. 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. 41. 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. 42. Proposition A. Proposition C, Measure R. and STP-L Funds. Contractor ensures all of the following: a. All Proposition A and Proposition C funds will be used for public transit purposes as defined in Metro's Local Return Program Guidelines and that the Project will meet the legal requirements of the Proposition A and C Ordinances and Metro's Local Return Program Guidelines criteria; b. All Measure R funds will be used only for public transportation purpose as defined in Los Angeles County's Metropolitan Transportation Authority's Measure R Local Return Guidelines; and that the Project will meet the legal requirements of the Measure R Ordinance and the Los Angeles County's Metropolitan Transportation Authority's Measure R Local Return Guidelines; c. All Surface Transportation Program -Local ("STP-L") funds will only be used as permitted by 23 U.S.C. section 133; and d. Contractor will follow all other grant fund requirements, including those requirements of Metro, the County of Los Angeles, the State of California or the federal government to obtain the aforementioned grants. 43. Executive Order 11246. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). 44. Drug-Free Workplace Certification. The Drug-Free Workplace Certification is attached hereto and incorporated herein by this reference. Contractor shall sign this Certification under penalty of perjury, require its subcontractors to sign this Certification under penalty of perjury, and submit all of the signed copies of this Certification to the City immediately. 45. Child Support Compliance Acknowledgment. The Child Support Compliance Acknowledgment is attached hereto and incorporated herein by this reference. Contractor shall sign this Acknowledgment, require its subcontractors to sign this Acknowledgment, and submit all of the signed copies of this Acknowledgment to the City immediately. C-10 F-18 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO PALOS VERDES Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Dated: ("CONTRACTOR") Printed Name: -------- Title: ----------- By: ___________ _ Printed Name: -------- Title: ----------- C-11 F-19 . I I -1 .J m ] J CHECKLIST FOR BIDDERS The following infonnation is required of all Bidders: V'" Signed Proposal V"" Completed Bid Sheets Completed Infomrntion Required of Bidders Fonn ~ Executed Statement Acknowledging Penal and Civil Penalties Concerning the / Contractor's Licensing Law _· _ Designation of Subcontractors ~Completed Contractors Industrial Safety Record /Bid Bond ./ Non-Collusion Declaration / Experience Statement F-20 J ~ ~ , .. l .j, ] ~ I J J .I PROPOSAL CITY OF RANCHO PALOS VERDES ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST, FROM VISTA DEL MAR TO THE NORTHERLY CITY LIMITS FISCAL YEAR 2011-2012 PROJECT NO. 002912 TO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other person, firn1 or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, 11otice to contractors and all other information furnished 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 COUNCIL of 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 furnish 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-sum 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 Lb (Insert"$ cash," ""8shic1 1s Clu~ek,-u "celit+flee e8e8l.c," o "Bid Bond as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate b1 pnce ereof 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 woviding for the registration of con ctors, California Contractor's License No. 21, 70 7, , Class If'• xpiration Date -~-·-""'.__ ... =-I-#---.....----.;;:, Signature(s) of bidder:,~f'~R~~~Mf~~l~~~=-:::~:-;r.=~ffi~~~i~~~i-n:~tS~~ If an individual, so state. a i or individual co-partners composing the firm. 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. & ~~~µ39~ ~~~~)~#-t F-21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ---=-Ri=·-'-v=er=s=id=e-=---- On ---=-Jan=u=ar=-y--=2=2"-', 2=-0"-'1=-4-=--_before me, ---'B=re=n=d=ac-=L=·-=R-=..:o=-..yc...:s=te=r"-', N::....:..=.o=tary=-'--=-P-=u=b=li=c ___ _ Date Here Insert name and Tnle of the Officer personally appeared B~ENDA L. ROYSTER Commission # 1908379 ~ : . '=e Notary Public ·California ~ .z Riverside County ~ L • ., ;· •• Mz soT~· ;xeir;s Je 2,6.,n1!l Place Notary Seal Above Robert Bradley and Michael Farkas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i-s/are subscribed to the within instrument and acknowledged to me that AelsRe/they executed the same in hi&IAef/their authorized capacity(ies), and that by hi&IAef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. ~ITNESS my and and officia seal;., __,/_~ Signature ~ .~ Signature of Notary Public ----------OPTIONAL----------------- Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document ---=-P=-ro"""p""'o"""s~a=l _---"C .... i"""'ty'-"-of"'-"'-R=an=c=h=o-=P'""'a=lo~s~V~e=r=de~s"--------- Document Date: _____ J'""'an=u=ar""'y._2=2=,'-'2 __ 0~1~4~-Number of Pages: 1 Signer(&) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: ---~R.-o=b=e"'"rt"""B=r""a=d=le""'y ___ _ Signer's Name: ____ M~i~ch~a~e~l~F~a~rk=a=s ___ _ o Individual o Individual X Corporate Officer -Title(s): -~V~ic=e~·~P~re=s~id=e~n~t _ X Corporate Officer -Title(s): Secretary o Partner - o Limited o General o Partner - o Limited o General RIGHT THUMBPRINT RIGHT THUMBPRINT o Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER o Trustee Top of thumb here o Trustee Top of thumb here o Other: o Other: Signer is Representing: Signer is Representing: All American Asohalt All American Asohalt F-22 ] m I I ] J I ] ] J J Legal Business Name: tf lf frt{ruA!tLJ AsPHtta= Address PD. f)o{. 22.2j. Ci:>UtJA-1 CA-fil1t" Telephone:~C/---=5''--{=---__.J~~'-'""Go'----__.7'--'-b--'-0---'Q"---______ _ Contact:-----+--ft>-=-A~m.:f-----------b_~ _ __,_ __ _ Proposals which 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 each bid to contract for City of Rancho Palos, ARTERlAL ROADS REHABILITATION PROJECT No. 002912, PALOS VERDES DRTVE EAST, FROM VISTA DEL MAR TO THE NORTHERLY CITY LIMITS Bid Date :IAiJ . Z..?, . '2.0t <.( 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 infonnation or explanation of data which 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 F-23 BID SCHEDULE INCLUDES ALL WORK TO BE DONE ON ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST, FROM PALOS VERDES DR SOUTH TO THE CITY LIMITS FISCAL YEAR 2011-2012 PROJECT NO. 002912 IN THE CITY OF RANCHO PALOS VERDES BID SHEET NAME OF COMPANY:____.iL-l--lt__._____.h'--'---"--"-'~=i.=-__:_;~_;_115P---:.._WiJC-=---:r_::_ __ 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 Arterial Roads Rehabilitation Project No. 002912. Palos Verdes Dr E from Palos Verdes Dr South to the Northerly City Limits in accordance with the specifications and plans 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: BID SCHEDULE 1 -STREET IMPROVEMENTS ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED NO. QUANTITY UNIT AMOUNT 1 MOBILIZATION (Not to exceed 5% of Total 1 LS $i1000-$f>1-ooo-Construction Cost) 2 CONSTRUCTION SURVEY AND 1 LS $50(pg3 .. ~ t$ 6olPS3.42 MONUMENT ATION 3 TRAFFIC CONTROL 1 LS $1woo-$1UJOO- 4 STORMWATER POLLUTION PREVENTION 1 LS $1 ooo·-$ 1-0b(J-BEST MANAGEMENT PRACTICES 5 CLEARING AND GRUBBING/TREE 1 LS $:f-ltono-$ 1-'f t>Do-REMOVAL REMOVE AND CONSTRUCT 6" CURB & 6 GUTTER OVER 6" CRUSHED 1,215 LF $ w-$41-200- MISCELLANEOUS BASE REMOVE AND CONSTRUCT PCC 7 SIDEWALK OVER 3" CRUSHED 5,687 SF $13-$1-3°r~ 1- MISCELLANEOUS BASE 8 REMOVE AND CONSTRUCT CURB RAMP 11 EA $ l"too-$ Z<itoo-OVER 3" CRUSHED MISCELLANEOUS BASE P-3R2 F-24 BIDDER: IHd ~eutlftJ/5P'111/t!r ITEM ESTIMATED UNIT PRICE EXTENDED DESCRIPTION QUANTITY UNIT AMOUNT NO. REMOVE AND CONSTRUCT 6" PCC SF $ \ i-$ 1w5o-9 DRIVEWAY OVER 6" CRUSHED 425 MISCELLANEOUS BASE 10 REMOVE AND CONSTRUCT 2" AC 12,460 SF $ ~t io $ 51 o&lP-SIDEWALK 11 ASPHALT COLD MILLING FOR OVERLAY, 2" 28,059 SF $ ~ '-\1.. $I \1'~~ .. 1-8 THICKNESS 12 CONSTRUCT 2" AC PAVEMENT OVERLAY 346 TONS $ <t<b-$ bO'tt.t <6 - 13 REMOVE AND CONSTRUCT 2" AC 3,100 SF $ ',;==tlo $ 6~5lo-PAVEMENT REPAIR 14 REMOVE AND CONSTRUCT 3" AC 85,921 SF $ l(i 2.D $ I<& 401..lo. U PAVEMENT REPAIR 15 REMOVE AND CONSTRUCT 4" AC 6,146 SF $2111%6 $ i1-5llP .. IO PAVEMENT REPAIR REMOVE AND CONSTRUCT 6" AC 3,020 SF $ y·-$12..0 go -16 PAVEMENT REPAIR REMOVE AND CONSTRUCT EACH 17 ADDITIONAL 1" DEPTH OF AC PAVEMENT 5,000 SF $1. 2-1-$ (JJ3?0 -REPAIR (ALLOWANCE TO BE USED AS DETERMINED IN THE FIELD) 18 EXCAVATION FOR PAVEMENT SHOULDER 10,000 CY $ ~~-$ ~400{)£1-WIDENING 19 CONSTRUCT 6" AC PAVEMENT SHOULDER 85,000 SF $3,,30 $ 280500 -WIDENING 20 CONSTRUCT ASPHALT CONCRETE BERM 15,900 LF $ "3. /.fO $ 5L/owo-(VARIABLE HEIGHT) 21 CRACK ROUTING AND SEALING 1 LS $?J2J)()()-$ 02.000- 22 MICRO SURFACE SLURRY SEAL WITH 1,100,000 SF $. 2-1-$ 2tf2Db0-CARBON BLACK ADDITIVE CONSTRUCT KEYSTONE SEGMENT AL SF 23 RETAINING WALL OVER 6" CRUSHED 2,000 (Face $ 3'b-$=flt;OOO- MISCELLANEOUS BASE Area) ALLOWANCE FOR HILLSIDE EXCAVATION 1 Allow-$ 100,000 $ 100,000.00 24 AS DIRECTED (Stipulated Amount) a nee LANDSCAPE AND IRRIGATION LS $ W~Ol> - $ 10600-25 RESTORATION; BARK MULCH 1 GROUNDCOVER 26 DECOMPOSED GRANITE PATHWAY 50 TONS $ 210 -$ JO?~O - P-4R2 F-25 BIDDER: /f(A /ff,(_ efllcAIJ f/3Pffl4{.:T ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED NO. QUANTITY UNIT AMOUNT 27 RELOCATE PALM TREE AND LANDSCAPE 2 EA $1)_0{){)'-$ '-tODD-LIGHTING REMOVE EXISTING AND CONSTRUCT PCC 28 BUS PAD PER APWA STD PLAN 131-2 WITH 1 EA $ /9,000-$/<6000~ AC SLOT PATCH BID SCHEDULE 2 -SIGNING AND STRIPING ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED NO. QUANTITY UNIT AMOUNT REMOVE EXISTING THERMOPLASTIC 29 STRIPING, MARKINGS, AND RAISED 1 LS $33000-$ ?;3001) - PAVEMENT MARKERS 30 REMOVE SIGNS AND/OR SIGN POSTS 250 EA $3{p. 1-6 $Cfj ~1-. 60 INSTALL STRIPING, MARKINGS, RAISED $ /530{)0. 31 PAVEMENT MARKERS, CURB PAINT, AND 1 LS ${6<6000 - ADDRESSES 32 INSTALL NEW SIGN AND POST 212 EA $ 2~(p-$50D?z.- 33 INST ALL NEW SIGN 151 EA $tf4-$J'i~'-f'J- BID SCHEDULE 3 -STORM DRAIN IMPROVEMENTS ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED NO. QUANTITY UNIT AMOUNT 34 UTILITY POTHOLE INVESTIGATION 1 LS $ft fj~{) .-$ 11560 - 35 CONSTRUCT MANHOLE PER APWA STD 4 EA $ {JJWO-$ 2-4 <g()O -PLAN 200-3 OR 201-2 CONSTRUCT MANHOLE PER APWA STD 36 PLAN 200-3 WITH PRESSURE COVER PER 1 EA $Cf4?o-$ 1 '15{)- APWA STD PLAN 211-2 REMOVE EXISTING AND CONSTRUCT 37 STORM DRAIN CATCH BASIN PER APWA 10 EA $ zzoo-$ 3'blJI) () .- STD PLAN 300-3, W=7' REMOVE EXISTING AND CONSTRUCT 38 STORM DRAIN CATCH BASIN PER APWA 1 EA $ t3qo1r $ /3£{00 -STD PLAN 300-3, W=7' WITH 3' PERIMETER WALL REMOVE EXISTING AND CONSTRUCT 39 STORM DRAIN CATCH BASIN PER APWA 1 EA ${1)'600-$JOioo- STD PLAN 300-3, W=14' 18" REINFORCED CONCRETE PIPE D-2000 40 WITH AC PAVEMENT TRENCH 200 LF $z.s-o-$ 6&1.Poo- RESTORATION P-5R2 F-26 ITEM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED NO. QUANTITY UNIT AMOUNT 41 18" REINFORCED CONCRETE PIPE D-2000 400 LF $/(p'b-$ L?G"z..oo -WITH LANDSCAPE RESTORATION 42 24" HDPE N-12 PIPE WITH LANDSCAPE 169 LF $ 30~-$ 5/311.JJ-RESTORATION 43 24" REINFORCED CONCRETE PIPE D-2000 32 LF $ 3lP2-$ / 153'1-WITH LANDSCAPE RESTORATION 44 CONCRETE COLLAR PER APWA STD PLAN 2 EA $ /300 -$ llPOO-380-4 45 ABANDON AND BULKHEAD EXISTING 10 EA $/lo{)-$ II ooa -STORM DRAIN PIPES 46 CONNECT TO EXISTING STORM DRAIN 1 LS $ vooo-$ (JJO(J{) -PIPES TOTAL BID AMOUNT IN WORDS: Two M1ilf8Yl swe.n hundrd s1xiif RA6jht -thou.sw-td t/A//alS - The contract shall be awarded to the lowest responsible bidder based on the TOT AL BID. The award of the contract, if made by the City, will be to the lowest responsible and qualified bidder, which will be based on the lowest total bid. Note: Delete SSPWC Section 3-2.2.1through3-2.2.3. The City reserves the right to adjust unit quantities and scope of work as necessary to meet project and budgetary requirements. P-6R2 F-27 J J I 'A .J INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following infomrntion: (Additional sheets may be attached if necessary.) P.D. B01-2:z.'2-~-&uw, CA-qJ%n·-~»~ (1) (2) Address: , Telephone: --~1_S ......... /_-__.7__.3E-(.,4"----~1._,"--=-0-=0'------------- (3) Type of finn -Individual, Partnership, or Corporation: et) f.PDl-l'r!fl lf1'.J (4) Corporation organized under the Jaws of the State of (},./+{.,(~/A-- (5) (6) (7) (8) Contractor's license number and class: List the names and addresses of all members of the firm or names and titles of all officers of the corporation: J#-t,,( /111(.eLUJl-1..J A'DPH-fk:r-{!,.,,,'-/). ~~~~~~~~~~~~~0r~q:l%~Y ~~~~~~~~~~~~~~a~q~~ ~[12k_UIM~.A&ZflllPJ~~~~~~~u-9)$]_~ Number of years of experience as a contractor in construction work LJlf Y fl-!> List at least three similar projects completed as of recent date: Contract Amount Class of Work Name, Address of Owner, & Telephone No. (9) (JO) List the name of the person who inspected the site of the proposed work for your firm: 'tcu SttLCA't?C1 h~r ~~ NOTE: Upon request of the City, the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other information. P-7 F-28 "2013" PAST WORK REFERENCES Department of Transportation 3521 V4 University Dr Irvine CA 92612 Contract: Dat Pham, (949) 279-8586 City of Santa Clarita 23920 Valencia Blvd Santa Clarita CA 91355 Contact: Bill Whitlatch, (661) 259-2489 LACDPW 900 S Fremont Ave Alhambra, CA 91803 Contact: Hector Hernandez, (626) 458-2191 Department of Transportation 2023 Chicago Ave., B-6 Riverside, CA 92507 Contact: Michael Chen, (951) 830-6017 City of Laguna Hills 24035 El Toro Rd Laguna Hills, CA 92653 Contact: Kenneth Rosenfield, (949) 707-2650 County of Riverside Transportation 3525 14th St Riverside, CA 92501 Contact: Trai Nguyen, (951) 961-5363 Route 74, Contract No. 12-0L6404 Contract Amount: $1,134,057 Start: 7/2012 Completed: 5/2013 2011/12 Overlay & Slurry Seal Program Contract Amount: $5,995,000 Start: 8/2012 Completed: 5/2013 Seventh A venue Contract Amount: $2,077,000 Start: 9/2012 Completed: 12/2013 Route 74, Contract No. 08-0P9504 Contract Amount: $3,450,622 Start: 6/2012 Completed: 9/2013 Citywide Pavement Rehabilitation Contract Amount: $1, 778, 169 Start: 8/2012 Completed: 9/2013 Gilman Springs Road Contract Amount: $1,695,108 Start: 7/2013 Completed: 9/2013 F-29 l : j ~I ] I ~ I J ] i I j J J ] ] J ( 11) Bidder shall be properly licensed in accordance with Business and Professional Code Section 7028; otherwise, the bid shall be considered non-responsive and shall be rejected. P-8 F-30 · i I ] I STATEMENT ACKNO\VLEDGING PENAL AND CIVIL PENAL TIES CONCERNING THE CONTRACTORS' LICENSING LAWS !Business & Professions Code 7028.15) [Public Contract Code 20103.5) I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business & Professions Code 7028.15: (a) (b) (c) (d) (e) 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. 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 Jess than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish 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. This section shall not apply to a joint venture 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. This 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. 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 chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. P-9 F-31 J I J ] ] ] ] J J (J) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall 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 board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the Jaws 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 time 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 prequalification questionnaire 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.: _+' __ 24 __ 7_0_7~3~-- Class: ---'-/l-=.....__.._1 --=C"-----'/:-.:::2-=------ Expiration Date: ---l/1----~-"--'/._-_/_'-f......._. ___ _ P-IO F-32 ...._._. ' .___ ............... ,. ·' '---' !....-.: f . "'.:[! ~ ~ t· ~\ "'---" L_J IJlllllllll;lj CD ittfilH DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] [__; Public Contract Code 4104 provides as follows: Any officer, department, board or commission talcing bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime 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 prime 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 of 1 percent of the prime 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 of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. (b) The portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid. The prime contractor shall complete ALL information in the table below and shall submit it with the bid, at the time of the bid. Subcontractors Owner License License Address and Phone Type of Work Portion Company Name (percentage) of Name/Names Type Number Number (e.g. Electrical) Total Project K'afo land8c~ /Vii/le :z.7 30(9{2..'2. 13/'l.2.. 13USl'¥lro. ~-C-· Fi>u.nhu n v.~J 1'1<.i'.~" lft,ndsctt..p..e... o .. rs CL-sw-v~;~ <-L~ N/A LS'b2~1 CtJrona, CA ~,,;l' SLU"v~ 1.1 ~ 0t4J 1 ~ !'IO'f-Lf8i./-'llbO v ~ e rrit Silrvi ll \jilfz:>r C?..-::f.Clol-CoSt/50lP Pb f3C)q ~1..'50 -.:r-11-C/eturi ng z, "1 orcin~~, lA 1~:r-n ut:J o o?.J Uf"()./15tro !YI ·10 Y\I\_ ci.q lPZ.'14-34 po &x--n>'/1 110 -p..e,.~l YL I Yi~ 2, 'I fVldS/Jnv-c.A 1Prnurct, cit i~l~ IA)(((/ flfCO J LfVrtj CIZ. is-ooq5 f() f?M °'f-'ftJ 5t4J;I-ACD1~ 0,5 Go5hM\.,C-A -if4ot> 5fUJ ~-flljin ter i n9 gc11t-r A LPl.f t.f 2-? ~ 36-1-8 ~. ~UfYIS!Or. $-brrv\. 12 .. s (>rn().lv.AnA I CA 7f'f-(tJ-'!7(; .Z.Ct bl) ()ra...'1(\., -SupU?or Pav~t ~-~~1 Po.rr.en. C'b2-P-11 S"3r'Z. C~press s-t· 50--ifi~ !Jv1arJ{;11 q s ''f-=ff n '2./'il n ~pr~s , CA ::f-N-~ns- F - 3 3 L..........J ~ !:.-...J L.....; b..-.,; ~ mm ~ L-J ~ lll'l!G t.3 ~ r·-- ~ Record Last Five (5) Full Years: CONTRACTOR'S INDUSTRIAL SAFETY RECORD Year of Record 200V 20~ ·,.' • ... " . . ~ ~· " .. ; ;. > ·~ -1 • • . ·; ,• •• .,, •. . . 1. No. of contracts lt>t>a.f 8'2.. 2. Total dollar amount of contracts (in thou-zq'io ut, 1111 sands of$) *3. No. of fatalities 4o-6-- *4. No. of lost workday cases ,, // *5. No. of lost workday cases involving per- manent transfer to another job or termi-+-..- nation of employment 2010 20J1 2012-Total 9'M 11~ i~7 t/,s11 t'1L//Zt/ ut,1111 2€1,,'il/5 /,Zl',6 f"t {-~~ ,, ..... z-S48_ .. :3 ~'"""' T ..-(( /0 ~I ,_. .er ~ q;- ZOl3 Current Year I 'O~tr zst, z81 ..,...... ....-- -6- The information required for these items is the same as required for Columns 3 to 6, Code 10, Occupational In.iuries, Summary -Occupational In.juries and Illnesses No. 102. The above information was compiled from the records that are available to me at this time, and I declare under penalty of perjury that the information is trueandaciZt1ileu;;;J~ .~ . . . NameofBifuirint) Si~ 'P,O. 2.2 2.. 9 i iJ, 1o1 ?J t1--1 C-f 2.. Adtb~Uh CA-'1JS6'1~~ ,;)-~~ City Zip Code State Contractor's Lie.# & Classific·ation C/5/, 73fA-7fcOO Telephone P-12 F - 3 4 ALL AMERICAN ASPHALT To whom it may concern: On May 28, 2010 All American Asphalt filed a death claim with our workers' comp carrier. A brief description is listed below. An employee working at our Pacoima asphalt plant was operating a scissor lift inside the tunnel. He was raising himself to an area in the tunnel where pigeons were living. The employee was going to clear the area in order to keep these birds out of the plant. While raising himself to the area, our employee suffered health problems. The employee was found pinned between a beam in the tunnel and the control panel on the lift. He passed away upon arrival to the emergency room. Cal OSHA enforcement as well as an investigator from the Bureau of Investigations came out. No charges were filed from the bttreau. Two minor paperwork citations were given to All American Asphalt. We appealed them and got the citations reduced to "Notice Only" with no fine. Please call me at 909-815-8404 if you have any questions. On behalf of All American Asphalt, Sincerely, Bryan Pease Consultant F-35 ALL AMERICAN ASPHALT INFORMATION On July 22, 2012, All American Asphalt employees were replacing concrete panels on the 405 freeway in Torrance. Around 3 :35am two drunk drivers entered our work zone and fatality wounded two of our employees. We were informed both drivers tested positive for alcohol beyond the legal limit. The CHP advised on television that our work zone was well lit and that our traffic control was set in place according to plan. Cal OSHA is investigating and has up to six months to complete their investigation. Please let me know if you have any questions. You may call me at 909-815- 8404 or e-mail me at brpeasel@msn.com if you have any questions. Sincerely, Bryan Pease Consultant F-36 J I ] ] J J J J J NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code § 7106] State of California County of (t\. \101$f\)S" City of C Dk>IJ"Pr ) ) SS. ) The undersigned declares: I am the \f (t(; ~of All ._,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 from 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 purpose. 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 he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correcn and that this declaration is executed on ::rlrtJ. 2..7...t '?OU., [date], at COtoAJd: [city], {JI-[state]. ......_ Subscribed and sworn to b~ (Notary Seal) Notary Public P-15 F-37 CALIFORNIA JURAT State of California County of __ R:...;.;.;;iv-=e.;....;rs=id=e--___ _ BRENDA L. ROYSTER ~ Commission # 1908379 ~ : Notary Public -California ~ z . Riverside County ~ t ~ .. ~ :· v +MX S0 ~"!· ;xvr:s 2~ t6}V!! Subscribed and sworn to (or affirmed) before me on this 22nd day of January , 2014, Date Month By(1)~ ____ R_o_be_rt_B~ra~d~le~Y-----~ Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me(.)(,) (and Proved me on the basis of satisfactory evidence bet person who appeared before me.) Signature~ 7(_~ Signature of Notary Public Place Notary Seal Above ----------OPTIONAL----------------- Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Noncollusion Declaration Document Date: 1-22-14 Number of Pages:--'--- Signer(s) Other Than Named Above: -~N=on=e~---- RIGHT THUMBPRINT OF SIGNEf' Top of thumb here RIGHl THUMBPRINT OF SIGNER Top of thumb here F-38 _ j J fj I ] ] I J ] J J J J QUALIFICATION OF BIDDERS Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERJENCE ST A TEMENT fon11 provided. Each bidder shall possess a valid Contractor's License issued by the Contractor's State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no Jess than five (5) years of experience in the magnitude and character of the work bid. Bidder Qualifications called for to be submitted at time of bid include, but are not necessarily limited to: 1. The Contractor shall have been in business under the same name and California Contractors License for a minimum of 5 continuous years prior to the bid opening date for this Project. The license used to satisfy this requirement shall be of same type required by the contract. 2. License classification shall be A. 3. The Contractor shall have completed a minimum of 5 projects of a similar nature at a minimum total cost of $1 million each. P-16 F-39 l 0 J :. ·1 .. ... EXPERIENCE STATEMENT To be responsive, the bidder must list below the required project infomrntion as listed in the Qualification of Bidders statement. 1. Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % subcontracted 2. Project Title / Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % subcontracted 3. Project Title Contract Amount Type of Work Client Agency Project Phone Date Completed % subcontracted 4. Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % subcontracted P-17 F-40 ALL AMERICAN ASPHALT PAST WORK REFERENCES 5YEARS City of Glendale 633 E. Broadway, Room 205 Glendale, CA 91206 Contact: Armond Simonian 818-548-3945 City of Industry 255 N. Hacienda Blvd. City oflndustry, CA 91744 Contact: Gerardo Perez 626-333-0336 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Dave Verone 714-375-8471 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres 714-647-5018 City of Irvine One Civic Center Plaza Irvine, CA 92606 Contact: Kal Lambaz 949-724-7555 Adams Street & Chevy Chase Drive Street Reconstruction Contract Amt: $2,526,859.00 Start Date: 7/2012 Completion Date: 1/2013 Valley Boulevard Street Reconstruction Contract Amt: $3,252,538.00 Start Date: 7/2012 Completion Date: 12/2013 Slater A venue Improvements Street Reconstruction Contract Amt: $1,926,341.00 Start Date: 8/2010 Completion Date: 2/2011 Segerstrom A venue Rehabilitation Street Reconstruction Contract Amt: $2,094,618.00 Start Date: 11/2009 Completion Date: 3/2010 University Drive Rehabilitation Street Reconstruction Contract Amt: $3,445,289.40 Start Date: 1/2008 Completion Date: 6/2008 F-41 I l J i I J I ] ] ] J J ] 5. Project Title Contract Amount Type of Work Client Agency Project Manager Date Completed Phone % subcontracted NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other infom1ation sufficiently comprehensive to permit an appraisal of his c ent financial condition. P-18 F-42 A. INTRODUCTIONS B. SIGN-IN SHEET PALOS VERDES DRIVE EAST ARTERIAL ROADS PROJECT PRE-BID MEETING January 3, 2014 C. PROJECT DESCRIPTION & SCOPE OF WORK D. QUESTIONS E. BID OPENING F. COMPLETION TIME & PROJECT SCHEDULE G. STAGING AND TRAFFIC CONTROL H. OBTAINING PLANS AND SPECS I. QUESTIONS Gve~ c\L~ fYtr'dcu..j VSpm (\\lb\ei ~ '?\:JV "C (1Y) PVDE Pre-Bid Meeting Agenda January 2014 F-43 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: Bond No. 08597423 Bid Date: January 9, 2014 WHEREAS the City Rancho Palos Verdes {hereinafter called the "CITY"), has issued an invitation for bids for the work described as follows: ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST, FROM VISTA DEL MAR TO THE NORTHERLY CITY LIMITS FISCAL YEAR 2011·2012 PROJECT NO. 002912 WHEREAS All American Asphalt 400 East Sixth Street, Corona, CA 92879 (Name and address of Bidder) ("Principal"), desires to submit a bid to CITY for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal and-------~----- Fideli~ and Deposit Com12any of Maryland 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the CITY in the penal sum of Ten Percent of Amount Bid Dollars($ 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 CTTY 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 furnishes the required insurance coverages, then this obligation shall become riull and void. Additionally, in the event of the withdrawal of said bid within the period specified or the failure to enter into such contract and give such bonds within the time specified, the Principal shall pay the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies if the latter amount be in excess of the former, together with all costs incurred by the CITY in again calling for bids, then the above obligation shall become null and void. Otherwise, it shall be and remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract on the can for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work, or the specifications. P-13 F-44 f n the event suit is brought upon this bond. Surety further agrees to pay all court costs incurred by the CITY in the suit, including reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code section 2845. IN WITNESS WHEREOF the above-bound parties have executed this instrument under their several seals thi$ 3rd day of January 20~, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative. pursuant to authority of its governing body. Dated: January 3, 2014 "Principal". "Surety" All American Asphalt Fidelity and Deposit Company of Maryland By; ~By:_--'-...;;..+~---- By; ~ {)L By· lls µA~~/~ .. __ lt_s _________ _ (Seal) (Seal) Note: This bond must be dated, all signatures must be notsr/zed, end evidence of the authority of any person signing as attomey-in·fecl musl be eltsched. · P-14 F-45 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ---"-Ri=· v-'-"'er=s-.id"""e"---- On ----"-Jan=u=ar"'-y--=2=2""', 2=-0"""'1~4'--_before me, __ B~re=n=d=a~L~·~R~o_y~s~te~r~, N~o~ta=ry-'-"'"P~u~b=li~c ___ _ Date Here Insert name and Hie of the Officer personally appeared BRENDA L. ROYSTER ;. Commission # 1908379 ~ i , Notary Public -California ~ z Riverside County ~ J. 9 ;; e ;; Jl so~nl' gx~r:s 2~ 2.hn1 il Place Notary Seal Above Robert Bradley and Michael Farkas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that Rel&Re/they executed the same in hlslJ::lel:/their authorized capacity(ies), and that by hlslJ::lel:/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNES~I, .,/_~ Signature~~'~ Signature of Notary Public ----------OPTIONAL----------------- Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document --~B~id~B~o=n~d_-~C~it""'y~o~f_R~an_c~h~o'--P_al_o_s_V_e_r_d_e~s ______ _ Document Date: ___ J_an_u_ar_y~3~, 2_0_1_4 ___ Number of Pages: 4 Signer(&) Other Than Named Above: William Syrkin, Attorney-in-Fact Capacity(ies) Claimed by Signer(s) Signer's Name: ---~R~o~b~e~rt~B~ra~d~le_y ___ _ Signer's Name: --"""M""i=ch=a=e"'"I _,_F=ar'""k=a=s ___ _ o Individual o Individual X Corporate Officer -Title(s): Vice-President X Corporate Officer -Title(s): Secretary o Partner - o Limited o General o Partner - o Limited o General RIGHT THUMBPRINT RIGHT THUMBPRINT o Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER o Trustee Top of thumb here o Trustee Top of thumb here o Other: o Other: Signer is Representing: Signer is Representing: All American Asohalt All American Asohalt F-46 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • State of California } County of Orange On 1/03/2014 Date before me, R. Paramo, N~tary"""_P_u_b_Ii_c ------------ Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) -~--------------------------------·----· r .... * ••• 0rf.P~RAM0° 0 • • ·1 Commission # 2035890 < . Notary Public • California ~ z~ > z Orange County -J.. ~,.,Ml !0TT·ZX£ir:sl~RJ·Ji1 Ll Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/at<e subscribed to the within instrument and acknowledged to me that he/sl:-isltl:ley executed the same in his/l:ler:ltl'leir authorized capacity~). and that by his/FierJ.tl"leil' signature~ on the instrument the person~ or the entity upon behalf of which the person(et acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the · · hat the foregoing paragraph is tr Signature of Notary Public ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though this section is optional, complet;ng this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ______ B_i_d_B_o_n_d ___ Document Date: _1_10_3_12_0_14 ____ _ Number of Pages: Two (2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin [J Corporate Officer -Title(s): ------- 0 Partner -0 Limited 0 General O Individual 0Attorney in Fact O Trustee D Guardian or Conservator f] Other: ______ --------- Signer Is Representing: ---------- Fidelity_~d Deposit Company of Maryland Signer's Name:------------- 0 Corporate Officer -Title(s): ---· D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator 0 Other: ____ _ Signer Is Representing: ---------- © 2013 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (i-800-876-6827) Item #5907 F-47 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the Stale of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS 0. MCCLELLAN, Vice President, in pursuance of authority granted by Article V. Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and a.s its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies. as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office .in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its ot1ice in Owings Mills, Maryland., in their own proper persons. 'The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies. and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, A.D. 2013. By: Assistant Secreta1J' Eric D. Bames State of Maryland City ofBaltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FID.ELJT\' AND DEPOSIT COMPANY OF MARYLAND Vire President Thomas 0. McClellan On this 15th day of .January. A.D. 2013, hefore the subscriber, n Notary Public of the State of Maryland. duly conunissioned and qualified. THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies. to me personally known to be !he individuals and officers described in and who executed the preceding instmment, and acknowledged the execution of same. and being by rnc duly swom. deposcth and saith. that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies. and thnt the said Corporate Seals and 1hc signature as such officer were duly affixed und subscribed to the saiu instrument by the authmity and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notru·y Public My Conunission fapires: July 14, 2015 POA-F 012-00330 F-48 CITY OF RANCHO PALOS VERDES PUBLIC WORKS DEPARTMENl January 10, 2014 ADDENDUM#3 TO THE CONTRACT DOCUMENTS, SPECIFICATIONS, & STANDARD DRAWINGS FOR THE ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST FROM VISTA DEL MAR TO THE CITY NORTHERLY LIMITS FISCAL YEAR 2011-2012 PROJECT# 002912 In accordance with "Addenda" on page 1-1 of the "Instructions to Bidders", the following changes (revisions, additions, .and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. All trades affected shall be fully advised of these revisions, deletions, and additions. This Addendum forms a part of the Contract Documents for the above-identified project and modifies the original specifications and Contract Documents. Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW. A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as nonresponsive. The subject contract documents are hereby amended as follows: Item 1-Reference Specification Page NC-1. The date for submittal of bids is revised. Change the first sentence to read: BIDS MUST BE RECEIVED BY: 10:00 a.m. Thursday, January 23, 2014. Item 2 -Plan Sheets 25 through 36 Signing and Striping Plans, and Specification Page TP-15 Section 12 TRAFFIC STRIPING AND MARKINGS, add the following clarification: Plan Note 12 "SHARROW" markings throughout the project, and Plan Note 12 "KEEP CLEAR" at Plan Stations 186+40 and 186+ 70 both directions, shall be pre-formed thermoplastic meeting specifications for bike lane use, including anti-skid and retroreflective material added at the time of manufacturing. Materials shall be PreMark type by Flint Trading, Inc. pre-formed thermoplastic with ViziGrip in 90-mil thickness, or approved equal. Item 3-Delete Specification Page .TP-2 Section 3-UNCLASSIFIED EXCAVATION I HILLSIDE EXCAVATION and add the following: 3 -UNCLASSIFIED EXCAVATION/ HILLSIDE EXCAVATION Unclassified excavation shall be in accordance with Section 300-2. Payment -Except for Hillside Excavation, and Excavation for Pavement Shoulder Widening as Page l of 2 F-49 described below, payment for unclassified excavation shall be considered incidental and included in the various bid items, and no separate payment shall be made therefore. Excavation work shall include sawcutting and removal of existing pavements, excavation of the roadway to sub-grade, scarification of the sub-grade to a depth of 6", re-compaction of the sub-grade to 95% relative compaction and fine grade, excavation of shoulders, and all other removal work complete and no additional compensation shall be allowed. Excavation for Pavement Shoulder Widening -Separate payment shall be made for Excavation for Pavement Shoulder Widening. This item shall include payment for sawcutting and removal of existing pavement, base aggregate, adjacent shoulder and hillside soils and rock material, excavation of the roadway to sub-grade, and all other removal work complete as necessary for Pavement Shoulder Widening only, and no additional compensation shall be allowed. Hillside Excavation (Allowance) -Separate payment shall be made for Hillside Excavation as directed by the Engineer. This allowance shall be used to excavate hillsides and rock to provide clearance for roadway construction, specifically at the Eastfield Gate intersection (Plan Stations 233+00 to 235+50, noJ:1h side). Excavation work shall be done in conformance with the Engineer and Geotechnical consultant. Payment for Hillside Excavation shall be accounted for as Extra Work per the specifications, and paid through an Allowance item in the actual determined amounts. The Engineer may revise or delete this item in its entirety. Costs for traffic control for this work shall be included in the Extra Work accounting for this work only. Item 4 -Revised Bid Sheets Delete the Bid Sheets P-3 through P-6 in the specifications and replace with the revised Bid Sheets P-3R2 through P- 6R2 attached hereto. End of Addendum No. 3 _,--.. Any questions regarding this Addendum should be directed to the Project iarer, Nicole Jules, P.E. at (310) 544-5275. l1 •. 1·.,,..J ••• 11 '· ~~-·~_.;;..-'--~--~·-t·_lO_-_t~4.__ Michael Throne Date Director of Public Works I acknowledge receipt of this Addendum No. 3 and accept the aforementioned. ~~~~ -0- Date Please sign above and include this signed addendum in the Bid package. Failure to do so may result in that Bid being rejected as non-responsive. Page 2 of 2 F-50 ! I ARTERIAL ROADS REHAB. PROJ. NO 002912, PV DRIVE EAST FROM VISTA DEL MAR TO CITY NORTHERL YLIMITS Bid Document Sign Out Contractor Mrnt:t? C~ns,lrvc./rbr; Contact Person o;f/£· 7/z,:;rr<ftr"i r5/&::LZ_ ___ _ Mailing Address -) 2 Z ___ £,.J!J,r~Lt_m __ 6:-'.Rf:::.k(----..... ~{,.,,-dr.11,, ,1 Ar ____ _ Phone Number I Ola) $6 3 -!.~Z""'q.._1,__ __ Fax Number __ _ _Mailed ~icked Up Date ______ _ Addendum's----------------~ Amount Paid$Y 5 E-mail Address Contractor Mbl/I f j )£. ''11 J;i;;r :MOALEJ BUILDERS Ge··~I E.11gi1!e~!it19 d. Corulrv.::Ji011 firm PR. REZA MOALEJ -...... -·---c:iia-···----·-- Moin; 800.284-1151 •Cell: 310.926.2290 Fox: 310.744.0106 •Email: rezo€>moalejbuilders.corn ... ,43::."~n. ~.u'.,~ Blvd., Suile #102 •Sherman Oaks, California 91403 Lie.# 698859 PIMA CORPORATION GAGlK MANUKY AN General Servfeel '2001 S. BARRINGTON AVE. SUITE 119 Fax: 310-231-0411 ~~ (./ Offiee: (310) 231-7060 urn" ~ Cell: 310-420-4533 / LOS ANGELES, CA 90025 email:PimaCorp@msn.com ' PICK-UP $45 MAILED $75 ---\er..::£ . (f' Contact Person \ j(.:.:::;:.:J l '-·\ Mailin Address \j;? Phone Number \ (!Z.,( p · L-1011 · c::;t,.,'2.-7...-- Fax Number LPl-LP L--C:)L-\ · '?"',.:..'Z...l.,O , Mailed l Picked Up Date · -. -· J Addendum's Amount Paid JI' '-) 0- E-Mail Address 1 ()-<:. I ."~)::i i1 Contr<J Contal Mai line ~ Phone' Fax Ne ; C. A. RASMUSSEN, INC. General Engineering Conlractors Safct.v • Quality • Scrv1u~ Since 1964 Stacey Klein Estimating Assistant Valencia Commerce Center 28548 Livingston Avenue Valencia, CA 9135!.'>-4171 Main: 661.367.9040 Fax: 661.367 .9097 E-mail: sklein@carasmussen.com r: MailL.... '1<.' '""'""vi-' LIC;llt: ______ _ Addendum's _______________ _ Amount Paid...$., L-1,_~_·_l ____________ _ E-Mail Address general e11gineering+cont1·acting 1709 standard avenue glendale, california 91201 818 ·24 1.2726 fax 818.241.2763 www.ianthomasinc.com raffi@ianthomasinc.com raffi zadoian ~upervisor Amount Paid·-------....,-,,.---------- E-Mail Address \.N\N'-l1 • \V-'\'\t\l\..o·M.t1• <:., \ 1f\C... Cr, IV\ F-51 ARTERIAL ROADS REHAB. PROJ. NO 002912, PV DRIVE EAST FROM VISTA DEL MAR TO CITY NORTH ERL YLIMITS Bid Document Sign Out Contractor I ~ 'J-· 1-f-· P/1rr1((.,ul;f'Y\ Contact Person MaJU.D.9 .. Addre,.=oss""----· _ ....... _______ .... _ ....... ________ _ Phone Number---------------- F9K Number K~& ..-57 0 -3 I ~7 V:Mailed Picked Up Date I 2~20-0 Addendum's---------------- Amount Paid ,.a--- E-mail Address Contractor f?J u...e-i3odr.. Ne t'W()t?.k.. Contact Person Mailing Address Fax_>rumber -~9_J~4~-~2._tf~.3_-_'f~q_3~Go __ _ :~ailed ' Picked Up Dale j 2-2..o .... t 3 Addendum's-~-------------~ Amount Paid E-Mail Address Contractor Sv \ \'3 · H.~\\.a.A. RAYMOND SANCHEZ SULLY-MILLEH. C<;1:JNTRACTING Co. Cll1el Est1mato• Uc-.iose 747612A I ' . 135 S. STATE COLLEGE BLVD., SUITE 400 •BREA, CA 92821 DIRECT: 714·518-9136 •MOBILE: 760·559-2332 FAX: 714-578-9672 EMAIL: RSANCHEZ@SULL \'-Mll.LEFl.COM E-Mail Address PICK-UP $45 MAILED $75 OFFICE. 951-736-7600 Contac! EMAii.: pubhc\l.•orks-..;:a11america1)aspha.1t.co1n FAX 951·736·?6•6 CAL STATE UC. ~267073·A Mailing( Phone. Fax Nu L. MailE Ad den< Amoun E-Mail Contractor Con ta~ Mailinrt \ --i r I ~~~~:~,. ., , · 1 '' · r ~ i ~.';:2~~;.' .... · ALL AMERlCAN ASPHALI . I 1 ~ ~ ALL AMERICAN AGGREGATES ALYSSA SOHL PUBLIC WOHKS ASSISTANT 400E 5,,,h St P.O. Bex 2229 CORONA, CA 92878·2229 Phone' CONTRACTING. INC. -f- ·--'-----:p::-:1w:-::1~NG ... GRADll;JG ·CHIP SEALING __ _}.._ ----·--Zel<e Copp 1 Fax Nui VICE PRESIDENT , P.O. Box 457 --~' Buena Park, CA90621-0457 r Maile www.coppcontracling.com Addend contractors Lie. #364209A Office (714) 522-7754 Fax (714) 522·207l Cell (714) 412·022t zeke@coppcontracting.con Amount PaidJi Y~) ___ _ E-Mail Address Contr~ctoc ............... 6~k_l._.\9._._W_' _V\.;...{A,~N__.._ _____ _ I Con ta( ~0~~~~:i.i:~'F~--~ Mailin[ ____ ? ' SHAWNAN ST. UC #679962 A/B ~ ----;; /_ .. q-..al'>-J;vo <..:TOrci"c1 g 8 12240 WOODRUFF AVE . ~ DOWNEY, CA 902411 ,;; PHONE (562) 803·9977 FAX (562) 803-9955 F-52 ARTERIAL ROADS REHAB. PROJ. NO 002912, PV DRIVE EAST FROM VISTA DEL MAR TO CITY NORTHERL YLIMITS Bid Document Sign Out Contractor TEL (714)444-1851 FAX (714) 444-2850 Amount Paid d/ 7J · o O DEBORAH MATSEN Bid Coordinator 1312 EAST WARNER AVENUE: SANTA ANA, CA 92705 dmatsen<li'hardyandharper.com Phone Number E:f:£._ -'7 2.. '1-/ / 2 ~ Fax Number _5Co_· _Z._--___,8.,-'C,=:..")_,_· -t...J.8ez_,__?f6,__;;;;_ __ '··· Mailed r.:: Picked Up Date------ Addendum's--------------- Amount Paid E-Mail Addres~~eciJ>Rl6Uf.-Z:,. f0 tkrr1m ~Y- Contractor eJ;-i \:ttn Clmp:>o~ . ET PICK-UP $45 MAILED $75 Ma <::i --!:i Phi Daniel Bustamante 13546 lrnpenal Hwy Santa Fe Springs, CA 90670 Fa1 '·I Addendum's Fax [562) 802-7499 Office (562] 802·7227 --------------- Amount Paid ·--------------E-Mail Address Contractor Contact Person ..=,.;'-'=="'-'-=='---·------·-······-··----- Mailing Address ·-----·-······--·--- Phone Number---···········-··---- Fax Number ----····-----------r-Picke'Ci Up Date_··_·-··_··--·--=----~:· Mailed Addendum's --------------· Amount Paid ____ .. ----· E-Mail Address Contractor ---------------- Contact Person. _____ _ Mailing Address _____ _ Phone Number __ ··---···----------····-····-·--- Fax Number Mailed '.: Picked Up Date-------- Addendum's ~-------~------· Amount Paid ______ _ E-Mail Address ( F-53 Brenda Royster From: Sent: Nicole Jules [NicoleJ@rpv.com] Friday, January 10, 2014 3:18 PM Page 1of1 To: Mike Mahler; estimating; CStephan@koacorporation.com; bmerrell@andpen.com; Public Works; Alberto Ramirez; albert@patriotpavinginc.com; mmahler@sequel.mpowermail.com; pimacorp@msn.com; krodriguez@griffithcompany.net; sklein@carasmussen.com; scott.conover@sully-miller.com; jim@smithemerylabs.com; estimating@terrapave.com; estimating@excelpaving.net; jose@coppcontracting.com; jnelson@laeng.net; reza@moalejbuilders.inc; dmatsen@hardyandharper.com; nduron@shawnan.com; raffi@ianthomasinc.com; kreveles@excellpaving.net; Brenda Royster; Deborah Matsen; carol castillo ; Rodriguez, Kristen; jnelson@laeng.net; Karla Reveles; jmartin@excelpaving.net; Dino D'Emilia; raffi.t@mincoconstruction.com; reza@moalejbuilders.com; lnfo@moalejbuilders.com Cc: 'Jim Pugh'; John Koch Subject: PVDE Addendum #3 Attachments: pvde_ADDENDUM#3.pdf; plan holders list_011014.pdf Greetings, Attached is Addendum #3 for the PVDE Arterial Roads Rehab project. This final addendum, really this time, includes a revised bid opening date, clarification to the striping, clarification to the excavation methods and quantities, and a revised bid schedule. Also attached is the latest plan holder's list. If you have questions regarding the addendum feel free to email or call me. The project bid opening is Thursday, January 23, 2014 lO:OOam Thank you! Nicole Jules, Senior Engineer L~ City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 nicolej@rpv.com (310) 544-5275 -(310) 544-5292 f 1114/2014 F-54 CITY OF RANCHO PALOS VERDES PUBLIC WORKS DEPARTMENT January 9, 2014 ADDENDUM #2 TO THE CONTRACT DOCUMENTS, SPECIFICATIONS, & STANDARD DRAWINGS FOR THE ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST FROM VISTA DEL MAR TO THE CITY NORTHERLY LIMITS FISCAL YEAR 2011-2012 PROJECT# 002912 In accordance with "Addenda" on page 1-1 of the "Instructions to Bidders", the following changes (revisions, additions, .and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. All trades affected shall be fully advised of these revisions, deletions, and additions. This Addendum forms a part of the Contract Documents for the above-identified project and modifies the original specifications and Contract Documents. Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW. A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as nonresponsive. The subject contract documents are hereby amended as follows: Item 1-Revise the specifications as follows: Page TP-3 SECTION 5 -STORM DRAIN IMPROVEMENTS Delete references pertaining to surface mounted storm drain pipe and slope anchors. Change paragraph 3 to read: Storm drain pipe shall be Reinforced Concrete Pipe, Heavy Duty type D-2000, and type N-12 WT corrugated HOPE pipe from ADA (or equal), in the size as noted. Add the following: The Contractor shall diligently exercise care to protect existing utilities during the work. Existing utilities shall be pothole investigated to determine existing location, character, and material. Some utility locations, including telecommunications lines, may be difficult to determine, and the Contractor shall coordinate with the utility owners to safeguard their infrastructure. Utility investigation work shall be completed at least 10 days prior to pipeline construction. Any interfering utility lines that are encountered shall be promptly brought to the attention of the Engineer. The Engineer will determine whether the interfering utility will be relocated, or the proposed storm drain construction be modified to accommodate utilities. Adjustments to storm drain construction that are in the character of the original bid scope of work shall not be eligible for additional costs. Adjustments that add to or remove from the original bid scope of work shall be adjusted for cost as determined by the Engineer. Page 1 of 3 F-55 Item 2 -Storm Drain Plans Add plan sheets SD-01 through SD-04 to the project plans. The storm drain work on these plan sheets shall supercede the storm drain work as shown in similar locations on plan sheets 11, 12, 14, 20, and 21. All work shown and not specifically included in bid items shall be considered as incidental work and included in the various unit prices. Item 3-Revised Bid Sheets Delete the Bid Sheets P-3 through P-6 in the specifications and replace with the revised Bid Sheets P-3R through P- 6R attached hereto. Item 4 -Existing Sewer Septic Tank The Contractor is cautioned that there is an existing sewer septic tank located in the public right of way at approximately Station 169+10, 20' left. The Contractor shall exercise due care to protect the tank while working in the vicinity. Item 5 -Questions and Responses Question 1. Per General Provisions S.ection 27 -Contractor's Superintendent and Project Manager, "The Contractor shall provide to the City's Construction Observers, a small portable working, multi frequency two-way radio compatible for communication with that of the Contractor's Superintendent's communication device and a charger. The Contractor shall also provide to each of the City's Construction Observers a portable cellular telephone, two cell telephone batteries and a charger and pay for service for the duration of the project." How many Construction Observers will the City employ on this project that will require radio and cell phone? Response to Question 1. The City will employ two construction observers. Question 2. Per Special Provisions Section 2 -Street Closures, the Contractor shall, " ... incorporate information into the project's schedule and traffic control, such that within 1,000 feet of the school on routes serving the school for student arrivals and departures are not impacted between one hour before and one half hour after the school day start time and one hour before or one half hour after school day end time." As this may further restrict the stipulated 9:00 am to 3:00 pm lane closure times, what are the 3 school's within the project limits (Miraleste Intermediate, Miraleste Kindergarten and Marymount College) start and end times? Response to Question 2. The three schools are Miraleste Intermediate, Miraleste Elementary & Miraleste Early Learning Academy (same campus), Mira Catalina Elementary. Start and end times vary, refer to the Palos Verdes Peninsula Unified School District website for individual school start and end times. http://pvpusd.k12.ca.us/index.php/schools/elementarv schools/ Question 3. Per Special Provisions, Section 3 -Traffic Control, Public Convenience and Safety, "Implementation of traffic control shall be performed by a professional temporary traffic control company, including flagging Page 2 of 3 F-56 operations." Does a general contractor possessing a C-31 license qualify as a "professional temporary traffic control company"? Response to Question 3. Contractor shall possess a C-31 specialty license, in addition to A licensure, or employ a subcontractor that does. Additionally, Contractor shall have at minimum a dedicated traffic control foreman on site and in continuous supervision of any active traffic control measures throughout the project. Question 4. The plans call for specific thicknesses of asphalt to be removed at specific areas (2" to 6"). Was a coring log compiled to confirm these thicknesses, and if not, is it anticipated that these thicknesses are from existing finished grade to subgrade? Also, if the existing conditions vary from what is called out on the plans, will the contractor be compensated using Bid Item 17 -Remove and Construct Each Additional 1" Depth of AC Pavement Repair? Response to Question 4. A geotechnical report with existing pavement thicknesses is on file at the City and available on request. The locations with thicknesses less than 6" are intended to be milled for removal. Thicknesses of 6" or more are intended to be full depth AC removal and replacement. Any additional depth due to thicker AC is intended to be compensated under the noted bid item17. Question 5. Per Technical Provisions Section 7 -Asphalt Concrete Pavement and Walkways, "AC Pavement Shoulder Widening -The Contractor shall remove existing asphalt pavement, gravel, dirt and adjacent slopes as necessary to construct new AC pavement shoulder widening as shown." The Project Plans give only Typical Cross Sections on Sheet 8 of 36 with Not to Scale Drawings. Can the City please provide more detail as the quantities for slope cuts and fills are difficult, if not impossible, to accurately calculate from not to scale cross sections and very few existing/proposed elevations on the construction plans? Also, the cross sections do give any proposed slope from the back of AC berm to joint to existing slope. The Contractor can not calculate how far the slope needs to be cut back without a proposed slope. Please provide a proposed slope. Response to Question 5. The existing pavement shoulders and adjacent grades vary significantly throughout the entire 5 mile project area, much of it covered by vegetation. It is intended that the Contractor remove existing trees and vegetation as specified, remove pavement and grade as per the typical sections. Specific grades and cuts for every location along the entire project have not been prepared. In general a 1 :1 maximum slope is desired; however, exact cut locations and requirements will be coordinated with the City's Construction Manager. 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ARTERIAL ROADS REHABILITATION PROJECT -PALOS VERDES DR. EAST CIVIL IMPROVEMENT PLAN AND PROFILE SD-01 PALDS VERDES DRIVE EAST AND LA VISTA VERDE DRIVE F-58 •CONTRACTOR SllAU POTHOLE TO OET!RMINELOCATIONANDOEPTHOf OISTING UTILITIES THE ACTUAL DEPlHOFINSTALLATIONSHAU.BE ASO£tF;RMINEOBVTHEENCINEER BASEO ON UTILITY INFlmMATION CQNSIB!!CDQN NOTES 0 =~~~i:~.l~~=ru~~ts @MllCNttxmlNGIM'l'IMW[NTll.vlOCDPISTRUCT .. Alf>IO'.,£ PEii /J'WA 'tD. l"l,All 200-3. @ ~~~m.,&c:,.~ ~:."~ =!r'c' © =~~TO~AAllE~~S~~ \ 0+00 ta.1rfl«m *"" tlPt !t1111tri nllmobd) •CONTRACTOR SHAU. POTHOL.£ TO DETERMINELOCATlONANOO(PTHOr OllSTINC UTILITIES. 'THE AC'JUAI. DEPTHOJ'!NSTAU.A'nONSl<IAU.BE ASOETEJUrdlN(OBVTHEENGINEER BASED ON UTILITY INrORU.ATIDN. ~ . . l"ACGlll<O•CYC:ltl.AY (T"rPEC21'Cl4-10} I" ACPA"ot:llO+T (T"l'Pl:C21'1l"'-IO} i CITY OF RANCHO PALOS VERDES APPRDYEDBYS(NIDRENOINEER,P.£. DATE ~·-·~" ~ ~ ::~ ~ CITY OF RANCHO PALOS VERDES ~ ARTERIAL ROADS REHABILITATION PROJECT -PALOS VERDES OR. EAST STORM DRAIN IMPROVEMENT PLAN AND PROFILE SD-02 PALOS VERDES DRIVE EAST AT 300'± N/O VIA SUBIDA F-59 •cONm.t.e:TOR SHAU POTHOLE TO OETERMtNE LOCATION A.ND OEPTH Of" EXtSTtNC UTIUTIES. THE ACTUAL DEPTHOFINSTAUATIONSHAl.l.B( AS DETERl.!lNED BY TltE ENC.NEER BASCO ON tJmJTY INFORMATION. CQNSIBUCDQN NQ!fS 0 =.n~ri:l~~-=~o:aoeo<s~"'"-COHTIIACTllll TO POlllO..E TO © =..or (»STING IMPlll<MWDITS loND COl$TllUCT l:o\Ttff IA9H P[ll -A Sltl. ~ r."\11n.CM:D!SlVIG-CM:YDITSloHDOOHSfllutll:o\lt!llADllPOl-A$TD.1'1.AN l.::JJOO-J.(:Ol(!llACll)RSot,ll.l.COIGllll.!CYlftWCATCl!IASINTOINtOIW'ltlOSTllC STORU-Plpt(~OCUIQI NlllOO'nt 1'01£ DCTDMNEDIY THCl1CLODIGIHCD'I~ ©llCM~Ul$TllGCAl'Olait.SINM1DUl$Tll;CS~DllN11Plllt. © ~J:"i!r...SMloU. JOIN~ rlllt"ll llCS""C P\'C; DRU< PIPES(' lA) TD HtW @ COHfll.0.Ctl)q SIW.l.CRADCAOMllilotTOO~AIHO.IDllDAl:J. <D llOICM:[J1$11HCl'll'l:Nlll11£STDRE9Jl!rA1XlOMATtfflXISTING 1l>t00 1o+ts0 PALOS VERDES ---__:;,-, j II -II ::W.T Ii ir:·~~:.:·~=!~ •CONTRACTOR SHAU. POTHOU: TO DETERMINE LOCATION AND DEPTH OF" EXISTING UTILITIES. THE ACI\JAL D£1>TH OF INSTALL.AnoN SHALL BE AS OETERMINED BY THE £.NQNEEfl BASDl ON UTILITY !Nf'ORMATION, / 2UJ 1U ~·~D~ b. AC Po...,,ont {l•V...} 2"ACCRIHClit.0-.,0,V (l'll'l!C2PG'4-10) i 1• ~ PAWMtlfT (1'Pl:C~PG14-10) """"' l!llSUUAIC'DuSIASI: -omis~ !lllAHtPIPC CITY OF RANCHO PALOS VERDES DIRECTOR OF PUBLIC WORKS APAAOWBYSENIORENCINEER,P.E. CITY OF RANCHO PALOS VERDES 1~1 ~'< ARTERIAL ROADS REHABILITATION PROJECT -PALOS VERDES DR. EAST STORM DRAIN IMPROVEMENT PLAN AND PROFILE SD-03 PALOS VERDES DRIVE EAST AT 390'± S/0 CROWNVIEW DRIVE F-60 •CCM-!Tl'IACTOR SllAU POTHOLE TO ~TERM!NELOCATIONANODEPTHOF' EXISTINO UTILITIES. nit .t.CTUA!. OEPTH ~ INSTAL!..ATION SHAU BE: AS0£Tt:RMINEOBYTHEENGINEER BASED ON UTILITY INf'ORUATION CQNSIB!!CDQN NOTES 0 ~~~~~~~~OflCCOIXl!IS~.PIP[. CON111ACTO!I TOPOntOU: TO (D11tMCIVl:tlll$'/INCMPRO'<tloOIT$MIDCONS1RUCTCATC!il ...... P£l'll#WASltl.Pl.lHJOO-l @1ttlHIYl:t10Sll<IGUTDlllASIN1'1CJCONSntuCTCAr(Jt8.\SlllP£1'l»'WAS!1>.l'U'IJ00•3. © CON1RAC10ll TOCCHltCICXISl'INCIB"Qj~TOJ«WCAlO!U5'~ @11tNovtC.OlOll!Al1llAllO""P't. @9Ul.l<HUoOVOS~CPIP£U~O'OI< {!)Ml-CXIS!ltl(ll'IP(INJIV,CE. ~·-IUSa;UN<(OUSBASC Pfll)PO$Q)STORll CA.u.rPIP!; 55 ·~ ~ a: () -CONlRACTOFI SHAU POTHOL.r TO DCTERUlNELOC.t.1l0NAN00£PTHOF txlSllNCUnLintS. Tll[ ACTU,l.L OEPTHOF'INSTAU.A'llONSllALl.8£ ASOE'TERMINED8YTliEOfCINE£R B"SED ON UTILITY 1Nr0RMADON • .:if!~ <(> [Lo -•~-'PROPSfOt'l~Ofllll~ ...,..__~--------. """ , ... i\ ~ < . 1 ! l"ACCllON!l•OWlkAT (l"rPl:ClPO•o1-10) i l"l&.PAYl:ll[Jjl (f'rPl:ClPOIM-10) """"" 1<1SCEU,ANE:OUSll.$l!; CITY OF RANCHO PALOS VERDES DIRECTOR OF PUBUC WORKS APPROl£DBYSENIORENCINEER.P.E. CITY OF RANCHO PALOS VERDES l~I ARTERIAL ROADS REHABILITATION PROJECT -PALOS VERDES DR. EAST STORM DRAIN IMPROVEMENT PLAN AND PROFILE SD-04 PALOS VERDES DRIVE EAST AND CROWNVIEW DRIVE F-61 Brenda Royster From: Sent: Nicole Jules [NicoleJ@rpv.com] Thursday, January 09, 2014 5:51 PM Page 1of1 To: Mike Mahler; estimating; CStephan@koacorporation.com; ddemila@andpen.com; bmerrell@andpen.com; Public Works; Alberto Ramirez; albert@patriotpavinginc.com; mmahler@sequel.mpowermail.com; pimacorp@msn.com; krodriguez@griffithcompany.net; sklein@carasmussen.com; scott.conover@sully-miller.com; jim@smithemerylabs.com; estimating@terrapave.com; estimating@excelpaving.net; jose@coppcontracting.com; raffiot@mincoconstruction.com; jnelson@laeng.net; reza@moalejbuilders.inc; dmatsen@hardyandharper.com; nduron@shawnan.com; raffi@ianthomasinc.com; kreveles@excellpaving.net; Brenda Royster; Deborah Matsen; carol castillo; Rodriguez, Kristen; jnelson@laeng.net; Karla Reveles; jmartin@excelpaving.net Cc: 'Jim Pugh' Subject: PVDE Addendum #2 Attachments: PVDE addendum 2 combined.pdf Greetings, Attached is Addendum #2 for the PVDE Arterial Roads Rehab project. This final addendum includes detailed storm drain additions, a revised bid schedule, questions received before the deadline and the corresponding responses. If you have questions regarding the addendum feel free to email or call me. The project bid opening is Thursday, January 16, 2014 10:00am Thank you! Nicole Jules, Senior Engineer 0 City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 nicolej@rpv.com (310) 544-5275 -(310) 544-5292 f 1/10/2014 F-62 CITY OF ADDENDUM NO. 1 RANCHO PALOS VERDES PUBLIC VVORl<S DEPARTMENl TO THE CONTRACT DOCUMENTS, SPECIFICATIONS, & STANDARD DRAWINGS FOR THE ARTERIAL ROADS REHABILITATION PROJECT PALOS VERDES DRIVE EAST FROM VISTA DEL MAR TO THE CITY NORTHERLY LIMITS FISCAL YEAR 2011·2012 PROJECT #.002912 In accordance with "Addenda" on page 1-1 of the "Instructions to Bidders", the following changes (revisions, additions, and/or deletions) as noted below, are hereby incorporated and made a part of the subject plans, specifications and contract documents for this project. Portions of the Contract, not specifically mentioned in the Addenaum, remain in force. All trades affected shall be fully advised of these revisions, deletions, and additions. This Addendum forms a part of the Contract Documents for the above-identified project and modifies the original specifications and Contract Documents. Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED BELOW. A bidder's failure to address the requirements of this addendum or failure to acknowledge the receipt of this addendum may result in that Bid being rejected as nonresponsive. The subject contract documents are hereby amended as follows: Item 1 -Reference Specification Page NC-1. The date for submittal of bids is revised. Change the first sentence to read: BIDS MUST BE RECEIVED BY: 10:00 a.m. Thursday, January 16, 2014. Item 2 -There are no federal funds included in this project. Delete all references to federal aid funding requirements. Good Faith Efforts and a specific Disadvantaged Business Enterprise (DBE) participation goal are not required; however, the City encourages the use of DBE firms. On Specification Page NC-2, first paragraph, delete the last two sentences referencing federal wage rates. On Specification Page C-6, delete section 20. On Specification Page C-10, Section 42, delete item c., and references to STP-L funds and federal government. Delete Section 43. Item 3 -Transmittal of Bid Addenda. On Specification Page 1-3, change the third sentence to read " ... a copy of such Addendum will be mailed, delivered, emailed, or faxed ... " Item 4-Project Monument Surveys and Construction Staking. Revise Specification Page SP-13, Item 16 to delete Sections 16.1-16.3, and to incorporate the followlng clarifications and revisions to required survey services. The City shall provide survey markings for the project Reference Line as shown in the plans at 50 feet stations on Palos Verdes Drive East throughout the entire project area. The City shall also provide for the establishment of existing monuments prior to construction, and the resetting of such monuments and recording of necessary documents with the County after completion of construction. The Contractor shall cooperate with the City's surveyor to accommodate his activities if necessary during construction operations. The Contractor shall be responsible to provide all other survey work as necessary to provide for the proper alignment construction of his work in accordance with the plans. Page 1 of 2 F-63 Item 5 -Clarification of liquidated damages for schedule submittal. On Specification Page SP-4, first paragraph, third sentence, change "$200" to "$500". Item 6 -Additional Microsurface Work on Palos Verdes Drive South. The quantities and scope of work for Bid Items 3 TRAFFIC CONTROL, 21 MICRO SURFACE SLURRY SEAL WITH CARBON BLACK ADDITIVE, 28 REMOVE EXISTING THERMOPLASTIC STRIPING, MARKINGS, AND RAISED PAVEMENT MARKERS, and 30 INSTALL STRIPING, MARKINGS, RAISED PAVEMENT MARKERS, CURB PAINT, AND ADDRESSES shall specifically include the following additional work to repair existing microsurface pavement not shown on the plans. On Palos Verdes Drive South, 100 feet east of Terranea Drive, in the westbound lanes, in an area 260 feet long and 41 feet wide, remove existing striping and raised pavement markers, clean and fill pavement gouges with microsurface slurry, install microsurface slurry over the entire area noted, and replace striping and raised pavement markers in kind. Traffic control and construction phasing shall be incorporated as necessary to construct the work. Striping and markers include the following quantities: 260' of 6" wide white edge line I bike lane line 6 each 12' long white skip lines with 6 red/white raised pavement markers 260' of 8" wide white turn lane line 260' of 4" ..yide yellow adjacent to median with 13 yellow raised pavement markers 1 each white left turn arrow End of Addendum No. 1 Any questions regarding this Addendum should be directed to ject Manager, Nicole Jules, P.E. at (310) 544-5275. 1-6-14 Michael Throne Date Director of Public Works I acknowledge receipt of this Addendum No. 2 and accept the aforementioned. sid~oate :::ft\1.J. '2.1., ZOI</ Please sign above and include this signed addendum in the Bid package. Failure to do so may result in that Bid being re!ected as non-responsive. 30940 HAWTitOR'.'f BCXJLE\•iWu /RM-mo fi'.ILOS \IEROES CA 90?75·5391 / ('.i10l b44·!:>2~i' /Fr\X (3101 544·52921 Ww\H1\LOSvrnc."tscoM.1Nrv Page 2 of 2 F-64 Brenda Royster From: Sent: Pamela Mitchell [PamM@rpv.com] Monday, January 06, 2014 2:41 PM Page 1of1 To: Chuck Stephan (CStephan@koacorporation.com); ddemila@andpen.com; bmerrell@andpen.com; Public Works; Alberto Ramirez (albertoramirez.ar27@gmail.com); albert@patriotpavinginc.com; mmahler@sequel.mpowermail.com; pimacorp@msn.com; krodriguez@griffithcompany.net; sklein@carasmussen.com; scott.conover@sully-miller.com; jim@smithemerylabs.com; estimating@terrapave.com; estimating@excelpaving.net; jose@coppcontracting.com; raffiot@mincoconstruction.com; jnelson@laeng.net; reza@moalejbuilders.inc; dmatsen@hardyandharper.com; nduron@shawnan.com; raffi@ianthomasinc.com; kreveles@excellpaving.net; Brenda Royster Cc: Nicole Jules; Melissa Murphy; Jim Pugh Subject: Palos Verdes Drive East Rehab. Project Addendum # 1 Attachments: Addendum# 1.pdf; Attendance Sign Up Sheet.pdf Pam Mitchell Administrative Staff Assistant City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 P: 310-544-5253 Email: pamm@rpv.com 1/6/2014 F-65 CITY OF RANCHO PALOS VERDES PROFESSIONAL/TECHNICAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 18th day of February, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Anderson Penna Partners, Inc. (hereafter referred to as "CONSULT ANT"}. IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as follows: FY2011-2012 Arterial Roads Rehabilitation Project -Palos Verdes Drive East from Vista Del Mar to the City's Northerly Limits. 1 .2 Description of Services CONSUL TANT shall provide construction management and inspection services for the Arterial Roads Rehabilitation Project -Palos Verdes Drive East for Vista Del Mar to the City's Northerly Limits, as described in the CITY's Request For Proposals, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and in CONSUL TANT's Proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. In the event of any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSUL TANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSUL TANT shall not be responsible for delay, nor shall CONSUL TANT 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 CONSUL TANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULT ANT's control or without CONSULT ANT's fault. Page 1 of 15 R6876-0001\1687356v3.doc Public Works Agreement F-66 2.1 Fee ARTICLE 2 COMPENSATION CITY agrees to compensate CONSULTANT an amount not to exceed Two Hundred Twenty Six Thousand Seven Hundred Sixty dollars ($226,760) for services as described in Article 1. 2.2 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 CONSULT ANT 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 CONSUL TANT 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 CONSUL TANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSUL TANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSUL TANT without liability to CONSUL TANT upon ten (10) working days advance written notice. 2.3 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. CONSULT ANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSUL TANT's Schedule of Hourly Rates, which is within Exhibit "B." The schedule of hourly rates shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on February 19, 2014, and shall terminate on February 19, 2015, unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification. Hold Harmless. and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Page 2of15 R6876-0001\1687356v3.doc Agreement for Professionalrrechnical Services F-67 CONSUL TANT shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and designated volunteers (collectively, "lndemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including bi.Jt not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSUL TANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Secti0n 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall defend, hold harmless and indemnify the lndemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSUL TANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSUL TANT shall defend lndemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1(b) shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of lndemnitees. (c) All duties of CONSULTANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSUL TANT 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 CONSULT ANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:Vll or better. 3.3 Professional Liability Page 3of15 R6876-0001 \1687356v3.doc Agreement for Professional/Technical Services F-68 CONSUL TANT 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 CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in Best's Insurance Guide with a rating of A:Vll or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSUL TANT 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. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:Vll or better. 3.5 Worker's Compensation CONSUL TANT 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. CONSUL TANT 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, CONSUL TANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSULT ANT agrees that it will not cancel or reduce any required insurance coverage. CONSUL TANT 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 CONSUL TANT's expense, the premium thereon. Page 4of15 R6876-0001\ 1687356v3.doc Agreement for Professionalfrechnical Services F-69 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSUL TANT 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 The insurance provided by CONSULT ANT 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 CONSUL TANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.16. (b) In the event of termination or cancellation of this Agreement by CONSUL TANT or CITY, due to no fault or failure of performance by CONSUL TANT, CONSULT ANT shall be paid compensation for all services performed by CONSUL TANT, 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, CONSUL TANT 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 CONSULT ANT 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 CONSULT ANT 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 Page 5of15 R6876-0001 \1687356v3.doc Agreement for Professional/Technical Services F-70 use, duplication or dissemination by the CITY. CONSUL TANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULT ANT 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. CONSULT ANT 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. CONSUL TANT 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, CONSUL TANT, 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 CONSULT ANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSUL TANT prepares a document on a computer, CONSUL TANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. 6.1 Representation ARTICLE 6 GENERAL PROVISIONS The CITY representative shall be the Director of Public Works or his or her designee, and CONSUL TANT shall notify CITY of CONSULT ANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. Page 6of15 R6876-0001\1687356v3.doc Agreement for Professional!Technical Services F-71 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSUL TANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 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. 6.4 Personnel CONSULT ANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSUL TANT'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. CONSUL TANT shall make reasonable efforts to maintain the continuity of CONSUL TANT'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. CONSUL TANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall CONSULT ANT be responsible for its associates or subconsultants' services. 6.5 Prevailing Wages CITY and CONSUL TANT acknowledge that this project is a public work to which prevailing wages apply. The Terms for Compliance with California Labor Law Requirements is attached hereto as Exhibit "C" and incorporated herein by this reference. 6.6 CONSULT ANT'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 CONSUL TANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSUL TANT has investigated and considered the scope of services performed, has carefully considered how the services Page 7of15 R6876-0001\ 1687356v3.doc Agreement for Professional/Technical Services F-72 should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.7 Conflicts of Interest CONSULT ANT 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 CONSULT ANT "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 CONSULT ANT has been retained pursuant to this Agreement. 6.8 Legal Action . (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULT ANT was negligent, CITY shall compensate CONSUL TANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.9 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULT ANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSUL TANT 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, CONSUL TANT 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. CONSUL TANT's use of subconsultants for additional services shall not be unreasonably restricted by the CITY provided CONSULT ANT notifies the CITY in advance. Page 8of15 R6876-0001\ 1687356v3.doc Agreement for ProfessionalfTechnical Services F-73 6.10 Independent Contractor CONSUL TANT 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 CONSULT ANT or any of the CONSULT ANT's employees, except as herein set forth, and CONSUL TANT 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 CONSULT ANT wishes except as expressly provided in this Agreement. CONSULT ANT 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. CONSULT ANT 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. CONSUL TANT agrees to pay all required taxes on amounts paid to CONSUL TANT 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. CONSULT ANT shall fully comply with the workers' compensation law regarding CONSUL TANT and its employees. CONSULT ANT further agrees to indemnify and hold the CITY harmless from any failure of CONSUL TANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSUL TANT 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. 6.11 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.12 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULT ANT 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. 6.13 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. 6.14 Non-Waiver of Terms, Rights and Remedies Page 9of15 R6876-0001\ 1687356v3.doc Agreement for Professionalffechnical Services F-74 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 CONSULT ANT 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 CONSUL TANT, 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. 6.15 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. 6.16 Notice Except as otherwise required by law, any notice, payment 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 CONSULT ANT'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 CONSUL TANT: Dino D'Emilia, Vice President 20280 Acacia Street, Suite 100 Newport Beach, CA 92660 [Signatures on next page.] Page 10of15 R6876-0001\1687356v3.doc Agreement for Professionalrrechnical Services F-75 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: ------------ ATTEST By:_~~~~~~~~~~ AndersonPenna Partners, Inc. ("CONSUL TANT") By: ____________ ~ Printed Name: -----~~~~ Title: ------------- By: ____________ ~ Printed Name: ~~~~~~~~~ Title: ------------- City of Rancho Palos Verdes ("CITY") By: ____________ ~ Mayor APPROVED AS TO FORM By: ____________ ~ Page 11 of 15 R6876-0001\1687356v3.doc Agreement for Professional/Technical Services F-76 Exhibit "A": City's Request For Proposals Exhibit "A" R6876-0001\1687356v3.doc F-77 CITY OF RANCHO PALOS VERDES PUBLIC WORl<S DEPARTMENT January 2, 2014 City of Rancho Palos Verdes Request for Proposal/Qualifications for Construction Management and Inspection Services Arterial Roads Rehabilitation Project Palos Verdes Drive East from Vista Del Mar to the City Northerly Limits Project No.002912 The City of Rancho Palos Verdes requests proposals from selected qualified consulting firms to provide construction management and inspection services to successfully complete the City's Arterial Roads Rehabilitation Project. The successful firm will provide professional Construction Management and Inspection services as defined in the Scope of Work. The City is particularly looking for proposals that exhibit the whole-team approach and will cover all phases from design to post- construction. To be considered for this project, submit three (3) copies of the proposal to the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Phone number (310) 544-5252, no later than 4:30 PM, on Monday, January 13, 2014. The design effort has begun and the City wishes to obtain construction management services early on to assist with design review, procurement and construction. SCOPE OF WORK Consistent with professional Project/Construction Management standards, the City is looking to assemble a team of professionals that will work collaboratively to assure the successful completion of the project. The ideal Construction Manager and inspector will serve as an agent for the City. The City's expectations and anticipated scope of work includes: Design Phase 1. Design Document Review (bidibility/constructability) 2. Assist with contract agreements 3. Assist with public relations 30940 HAWTHORNE BOULEVARD/ RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5252 I FAX (310) 544-5292 / WWW.PALOSVERDESCOM/RPV PRINTED ON RECYCLED PAPER F-78 City of Rancho Palos Verdes Request for Proposal PVDE Arterial Roads Project Page2 of4 4. Conduct project progress meetings. 5. Assist with cost and schedule control. Procurement Phase 6. Assist with bidding and contracting; including bid documents, information to bidders, bid addenda, bid opening and evaluation. 7. Assist with meetings including pre-bid meetings, bid opening and pre-award conferences. Construction Phase 8. Project team coordination, regular and consistent management reporting. 9. Conduct regular project meetings including pre-construction, progress and special meetings. 10. Schedule compliance 11. Budget and Cost monitoring 12. Assist with payment request 13. Manage all communications between the City and the contractor. 14. Manage all change order request, claims and disputes. 15. Assures quality and arranges for all field tests. 16. Assist in maintaining good relationship in surrounding neighborhood. 17. Provide value engineering where appropriate. 18. Upon project completion, provide the finished set of project workbooks to the City of Rancho Palos Verdes. 19. Prepare documentation for final payment to the Contractor. 20. Prepare documentation for final acceptance, including final inspection and punch list for substantial completion. 21. Maintain as-built drawings 22. Maintain all project records to be delivered at the end of the project. Post-Construction Phase 23. As-built documentation. 24. Coordinate warranty information. 25. Processing the final payment, retention release and contract close-out. Construction Observation 26. Conduct a field investigation of the project area to become familiar with the existing facilities and the project environment. 27. Provide full time construction observation of all construction activities to monitor material and methods towards compliance with plans. 28. Prepare daily inspection/observation reports. 29. Functions as a member of the project team. F-79 City of Rancho Palos Verdes Request for Proposal PVDE Arterial Roads Project Page 3 of 4 Clerical services and materials to carry out items above shall be incorporated into the costs of the appropriate items. EVALUATION PROCESS Technical proposals received will be evaluated on the following criteria: 1 . Experience of firm in performing this type of service. 2. Relevant experience of individual team members assigned to the project. 3. Understanding of the project as demonstrated by the thoroughness of the proposal, the whole-team approach and Construction Management practices. 4. References from clients for whom similar work was performed within the past 5 years. 5. Depth of staff available to perform services. 6. Previous work in RPV performed by the firm. 7. Previous work in RPV performed by members of the team. 8. Interview (if applicable) All questions are to be submitted in writing to City of Rancho Palos Verdes Department. of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Attention: Nicole Jules. Questions may be submitted via fax to (310) 544-5292 or e-mail to nicolej@rpv.com . All questions must be received by 4:30 p.m. Friday, January 10, 2014. Please note that the responses to this request for proposal are subject to the following conditions: Insurance The City of Rancho Palos Verdes requires the selected firm to have a minimum of $2,000,000.00 of professional errors and omissions insurance and a minimum of $2,000,000.00 of automobile liability insurance and proof of Worker's Compensation insurance prior to entering into an agreement with the City. Acceptance of Terms Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the proposal. F-80 City of Rancho Palos Verdes Request for Proposal PVDE Arterial Roads Project Page 4 of 4 Right of Rejection by the City Not withstanding any other provisions of this RFP, the City reserves the right to reject any and all proposals and to waive any informality in a proposal. Financial Responsibility The proposer understands and agrees that the City shall have no financial responsibility for any costs incurred by the proposer in responding to this RFP. Interview If successful, the proposer will be invited to participate in an interview. The interview will be a part of final selection process. Award of Contract The selected firm shall be required to enter into a written contract with the City of Rancho Palos Verdes, in a form approved by the City Attorney, to perform the prescribed work. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the final contract; however, the City reserves the right to further negotiate the terms and conditions of the contract with the selected consultant. The contract will, in any event, include a maximum "fixed cost" to the City of Rancho Palos Verdes. Conferences During the Proposal Preparation Period As of the issuance date of this RFP and continuing until the time for submitting proposal has expired, the City will provide relevant information and access to City facilities and documents as necessary for all proposers to familiarize themselves with the requirements set forth in the RFP. Access to City facilities shall be during normal business hours and will require at least twenty-four (24) hours advance notice. Number of Copies Required The proposer must submit five (5) copies of the proposal. Proposals must be received by the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Phone number (310) 544-5252, by the deadline indicated in this RFP. F-81 Exhibit "B": Consultant's Proposal, including Schedule of Hourly Rates Exhibit "B" R6876-0001\ 1687356v3.doc F-82 Proposal Construction Management & Inspection Services Arterial Roads Rehabilitation Project Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 January 14, 2014 /T~ ANDERSON· PENNA • PARTNERS IN PROJECT DELIVERY• AndersonPenna Partners, Inc. 20820 Acacia Street, Suite 100 Newport Beach, CA 92660 (949) 428-1500 www.andpen.com F-83 ~~ ANDERSON· PENNA •PARTNERS IN PROJECT DELIVERY• January 14, 2014 Ms. Nicole Jules, Senior Engineer City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Subject: Proposal for Construction Management and Inspection Services for the Arterial Roads Rehabilitation Project Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits, Project No. 002912 Dear Nicole: AndersonPenna Partners, Inc. (APP) offers the City of Rancho Palos Verdes a comprehensive construction management and inspection team experienced in street rehabilitation projects on arterial roadways in sensitive communities. Capital Projects bring time sensitive and dedicated resource requirements that challenge limited local agencies' resources. APP offers a team experienced in meeting these challenges, along with specific expertise and understanding of asphalt concrete pavement rehabilitation methods and multi-disciplinary public works projects. APP can help! APP has hand-picked a team that has exceptional and relevant experience to provide comprehensive construction management, inspection, contract administration, and contract labor compliance services that will result in a streamlined project experience. These individuals have been assigned because their qualifications and experience are specifically relevant to the City of Rancho Palos Verdes' Palos Verdes Drive East Rehabilitation project. By selecting the APP team, the City of Rancho Palos Verdes will be partnered with: • A principal in charge with a personal stake in the local and public works community, and excellent history of success delivering construction management and inspection services throughout Southern California • A quality assurance representative with extensive experience delivering projects within the City of Rancho Palos Verdes • A highly competent, experienced and licensed Project Manager and Construction Manager with extensive experience delivering identical services on similar projects. • An Inspector that is extensively experienced with roadway rehabilitation, with extensive public relations in the City of Rancho Palos Verdes. • A firm with an exceptional track record in the City of Rancho Palos Verdes and throughout Southern California. APP recently performed identical services on the successful completion of City of Rancho Palos Verdes' Fiscal Year 12-13 Annual Sidewalk Repair Project and the Residential Streets Improvement Project, Phases 1 & 2 Fiscal Year 11-12, Area 3 and Area 5 Project. Our team has other very similar experience 20280 Acacia Street, Suite 100 • Newport Beach, CA 92660 PHN 949 371 7979 • FAX 949 376 7511 www.andpen.com Certified UDBE F-84 City of Rancho Palos Verdes January 14, 2014 Page 2 on the City of Bellflower's Downey Avenue Pavement Rehabilitation, Leisure World's Golden Rain Road and Clubhouse Parking Lot Rehabilitation Project, the City of Lomita's Eshelman Avenue Water Main and Roadway Rehabilitation Project, the City of Norwalk's Pioneer Boulevard Improvement Project and the City of Alhambra Midwick Tract Street Improvements Projects. APP also has recently, or is currently providing project management, construction management, and inspection services to many Southern California local agencies, including the cities of Burbank, Torrance, Carson, Irvine, Manhattan Beach, Newport Beach, Laguna Beach, Laguna Hills, Lake Forest and Tustin. Our team members have also provided various similar services to the cities of Santa Monica, Los Angeles, Hermosa Beach, Anaheim, Inglewood, and Carlsbad. With over 30 years of experience on similar assignments for a variety of local agencies, Dino D'Emilia, PE will lead as the Principal in Charge. He will serve as the City's primary contact for this project. Mr. D'Emilia recently completed a very similar assignment in the City of Bellflower on the Downey Avenue Pavement Rehabilitation and West Branch Greenway Landscape Improvements Projects, and served as the Construction Manager for the City of Torrance's Del Amo Boulevard Extension, Phase 2 Project. He also served as the project manager and resident engineer for the Alameda Corridor-East Transportation Authority and oversaw multiple contract packages for the construction of safety improvements and federal demonstration projects throughout the San Gabriel Valley as well as the La Brea Avenue Pavement Reconstruction, Phase 1 Project. Dino has extensive experience performing similar services for many Southern California cities on similar projects. Our Quality Assurance Manager for this project will be Bob Merrell, PE. Bob needs no introduction with his many years of service to the City of Rancho Palos Verdes, providing design, construction management and/or inspection services on very similar projects. Construction Manager, Todd Garner, brings over 20 years of experience in project I construction management, inspection and construction defect investigation on a wide variety of infrastructure improvement projects. Most recently, Todd has served Golden Rain Foundation as the primary project I construction manager and property inspector for Leisure World. He has an exceptional track record of successfully delivering complex, high profile infrastructure improvement projects involving public relations with multiple and very involved stakeholders. Inspectors, APP has a deep bench of public works inspectors that specialize in projects very similar to the Palos Verdes Drive East Rehabilitation Project. Ed Pratt is proposed as the primary inspector for the project. He has more than 30 years of public works infrastructure construction and inspection experience, including asphalt concrete pavement rehabilitation, traffic signal installation and upgrade, as well as virtually every type of improvement in the public right of way. Ed has extensive recent experience performing identical services for the City of Rancho Palos Verdes on the Fiscal Year 12-13 Annual Sidewalk Repair Project and the Residential Streets Improvement Project, Phases 1 & 2 Fiscal Year 11-12, Area 3 and Area S Projects. His background includes construction management, construction supervision, public works inspection, expert witness representation, change order processing, schedule tracking, and municipal bidding processes. He is exceptionally well versed at monitoring and requiring compliance on traffic control, work site safety, and NPDES / SWPPP. Additionally, APP proposes Al Aguilera as a supplemental inspector for the project, should there be multiple crews or multiple shifts required for the project work. Al has extensive relevant experience as well, and assisted Ed on the completion of the Residential Street Improvement Project recently completed for the City of Rancho Palos Verdes .. F-85 City of Rancho Palos Verdes January 14, 2014 Page 3 Dino, Todd and Ed will be supported by Debby Cobb, Contract Compliance and Documents Controls Specialist. Debby has extensive experience working with Southern California Cities supporting our CM teams to ensure that projects are well organized and documented in strict compliance with contract requirements. Our proposal includes materials and soils testing services, which will be provided through our subconsultant Koury Engineering and Testing. Koury Engineering & Testing, Inc. has been providing quality assurance & quality control services since 1992. APP and Koury have worked together on the successful completion of many similar projects the scope and proposed fee for materials and testing services is attached at the end of this proposal. AndersonPenna's contractual contact during the proposal period is: Mr. Dino D'Emilia, PE Vice President, Construction Services AndersonPenna Partners, Inc. 20280 Acacia Street, Suite 100, Newport Beach, CA 92660 Cell: (714) 458-0703, Email: ddemilia@andpen.com The AndersonPenna Team is excited about this opportunity to perform comprehensive construction management services for the City of Rancho Palos Verdes. Respectfully submitted, AndersonPenna Partners, Inc. Dino D'Emilia, PE Vice President, Construction Services Enclosure F-86 Contents Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Project Understanding, Approach & Scope of Services ................................................................................ 1 Project Understanding .............................................................................................................................. 1 Critical Issues ............................................................................................................................................. 2 Approach ................................................................................................................................................... 3 Scope of Services ...................................................................................................................................... 3 Proposed Team ........................................................................................................................................... 15 Organization Chart .................................................................................................................................. 15 Resumes ...................................................................................................................................................... 15 References .................................................................................................................................................. 32 Estimated Fee ............................................................................................................................................. 37 Appendix A: Materials and Soils Testing Proposal (Koury Engineering & Testing) .................................... 39 i IP age ~""' ANDERSON· PENNA F-87 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Project Understanding, Approach & Scope of Services Project Understanding The City of Rancho Palos Verdes seeks to engage qualified firms to provide construction management and inspection, as well as other services for the Palos Verdes Drive East Rehabilitation Project. The project generally consists of providing traffic control, construction survey, sawcutting, unclassified excavation, PCC curb & gutter, curb access ramps, storm drainage modifications, asphalt pavement road widening &. repairs, AC berms, gravity block walls, roadway signing, asphalt pavement milling and overlay, crack routing and sealing, micro-surface paving, traffic striping and markings, raised pavement markers, and other work. All work shall be completed in strict adherence to the Project Plans and Specifications. The limits of work encompasses approximately 5 miles along Palos Verdes Drive East, winding through the hilly terrain of the City from Vista Del Mar to the City Northerly Limits at Conestoga Drive. Additionally, a small area of microsurface and appurtenant work has been added (by Bid Addendum #1) on Palos Verdes Drive South, near Terranea Drive. The project is located entirely within the boundaries of the City of Rancho Palos Verdes, however an encroachment permit with the City of Rolling Hills Estates is anticipated for traffic control. The engineer's opinion of probable construction costs for the project is $2.38 million, and the Construction Documents allow for 60 Working Days. The current due date for bids is January 23, 2014. The anticipated start date for construction is mid to late March, 2014. Those affected by the project may include: llPage ~"' ANDERSON· PENNA F-88 • Commuting motorists • Transit services • Emergency services • Trash and street sweeping services • Retail & commercial businesses • Residential uses • Pedestrian, bicycle and equestrian uses • Three (3) schools Critical Issues Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Our team. has conducted a cursory review of the project site and identified the following critical issues. Safety: First and foremost, APP always considers safety the most important issue on any construction project. APP managers and inspectors are at a minimum 10 hour OSHA certified. Our team will recommend key safety provisions to require the contractor to have competent safety personnel and site specific safety programs employed on the project at all times and will monitor the Contractor's operations for compliance with the project safety requirements and requisite provisions of State and Federal Law. Public Relations: The AndersonPenna team is well versed in the successful completion of roadway rehabilitation projects on major arterials that affect many residents, businesses and services. The following critical constituents will need to be carefully coordinated: • Both a general outreach program as well as more specific outreach to key users will greatly enhance the public's ability to plan for and coordinate with the construction activities. The project specifications include very detailed and continuous schedule updating requirements. The AndersonPenna team will work closely with the City and Contractor to keep the public apprised of the critical information associated with construction impacts. • Dilligent, continuous oversight and enforcement of proper housekeeping, dust control and site maintenance on a continual basis. • Several bus stops will be affected by the construction work. To minimize impacts to transit operators and riders, transit operators will need to be involved in the preconstruction meeting. The Contractor will be required to incorporate relocation activities and advanced notice activities into the project schedule. Proactive coordination with transit providers will be implemented to minimize inconveniences to users. • Emergency Services -Traffic delays during construction can adversely affect emergency services including medical, fire and public safety. Coordination with the police, fire, and medical departments, and all construction staff is extremely important. Communication of appropriate alternative routes must be made to emergency officials in advance of and throughout the duration of the project. • Access to business and residential driveways will be maintained whenever possible, with alternate access and signage established to minimize impacts to affected businesses and residents. 2jPage ~~ ANDERSON· PENNA • iltAR1'H(llt:ll IN fllli:().,,tCT OCLIVlhY • F-89 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 • Pedestrian, bicycle and equestrian safety measures must be constantly addressed, especially in high volume locations such as at bus stops, and retail centers. Special attention and coordination will be required in proximity to the three (3) schools along the project limits to ensure safe access to and from the schools through construction zones. The project team will need to intensify and continue the public relations effort as the start of construction nears, and throughout the duration of the project. Traffic Control: Timely implementation of the final traffic control plans, detour plans and coordination of the content and location of changeable message signs in compliance with the plans and specifications will be critical to the successful completion of the project. Close monitoring of lane closure time restriction and traffic control maintenance will help to minimize inconveniences to the traveling public. Incorporation of traffic control phasing into the project schedule by the Contractor results in smoother critical path schedule review and updating processes. The project specifications require a dedicated traffic control foreman be on site at all times whenever traffic control measures are required. The APP team will work closely with the traffic control foreman to implement, adjust and continuously maintain traffic control measures to best fit the various traffic flow situations that will be encountered throughout the project limits. Approach The APP CM and inspection team firmly believes that the key to a successful project is more than just performing tasks outlined in a scope of work. Any competent team can follow a set of written guidelines. The key to a successful project is performing each task with a realistic and clear understanding of what the real intent of the project is and constructing the final product with a "win- win" attitude. Management of public construction projects requires a proactive approach with talented staff. APP owes the successful completion of hundreds of client projects to our ability to find and maintain excellent professional staff, and our dedication to organization, documentation and the proactive management of the construction process. Our keen understanding of, and experience with the public process and the public construction contract administration also results in a smoother project experience. Our team's experience and our proactive approach enable APP to stay ahead of the contractor and maintain the project on track for successful completion, on time and within budget. The APP CM approach starts with the end in mind. The end being a quality project delivered on time and within budget. APP delivers construction management systems and procedures developed by construction managers. These tools are scalable and customized to best fit client's project need and budget, and to integrate with the City's way of doing business. From simple, time-tested forms and procedures to the state of the art in CM and web-based systems, APP delivers small and large projects on-time and under budget, while keeping our Client up to date on a "real-time" basis. Scope of Services APP will be responsible for Construction Management, Contract Administration, Inspection, Labor Compliance, Materials Testing and Quality Assurance The APP team will perform as part of the City's team, in the City's best interest, as an extension of City staff. 3IPage ~"" ANDERSON· PENNA F-90 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 AndersonPenna's proposed approach and work plan for completing the services specified in the Scope of Work, is detailed below Pre-Construction Conference: The App Team shall coordinate and direct a pre-construction conference and prepare minutes thereof. APP will coordinate and conduct the pre-construction meeting including notification to the Contractor, utility agencies, and other stakeholders, and prepare the meeting agenda and minutes. The agenda and minutes will include the following items: • Introductions of key personnel • Project Overview • Public relations, HOA, business, and services coordination, and issue resolution • Utility coordination and integration of utility coordination activities into schedule • Labor Compliance, Prevailing Wage compliance, paperwork and report requirements, etc. • Safety • Confirmation of fully executed Contract and Notice to Proceed • Establishment of Contract Time and Completion Date, schedule comments, and requirements for approval. Look ahead and update requirements • Review of Working Day definition and holiday schedule • Chain of communication & key contacts • Critical design elements, schedule, and cost factors • Subcontracts • Documentation and tracking controls • Change order procedures -' ~ikllr1~U~tt.llhk~m4 51M'PPEIMP•1UK111Wip1act.udmMDtntdina::con!MC1" lldhfllpim1nd.,edblitl'4MJWd!q •a..Clhle!'$tl'llidildsfta!l~.~·lldpRll1.d N11t1of~ll!ldHt.i.,_•tin"-dhi!U! rHtaodl'Ouumt!cbo.muldon • ~llhtllk,...a1~W(BOtuh\;aiibe ttfj!Ftd).~1C'1flaihd~1CC11pt#I. • M~mnd~mwlMQ;ri.Wlli11-~~dMd1 .......... • Scope, schedule and cost change administration, notification requirements and controls • Submittal and RFI process • Identify long lead and any substitution and/or equal items • Inspection and testing, review call-out, deputy/special, and testing requirements • Progress payment procedures • Right-of-way(s) • Easements and special access considerations, night, and weekend work requirements • Placement of signs • Questions and answers • Action item assignments DAT!: 41Page ~~ - Alge1«1 ANDERSON· PENNA F-91 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 APP considers the pre-construction meeting as Progress Meeting No. 1. All items discussed are designated as "open" or "closed." All open items are carried forward to subsequent progress meetings until resolved and closed. Action items are assigned a specific responsible party and a deadline for resolution. Each progress meeting is clearly documented and distributed to all attendees and affected coordination parties. APP will typically conduct, or at a minimum participate in, all site meetings. Pre-construction meeting and site meeting minutes will be distributed via fax and/or email to all meeting participants and to courtesy recipients identified by the City. Schedule Review: The APP CM will review the baseline construction schedule including activity sequences and duration, schedule of submittals, and schedule of delivery for products with long lead-times. The Construction Management team will evaluate the baseline project schedule for the following: • Consistency with the contract schedule (completion within the contract time) • Accurate start dates, completion dates, other dates detailed in the contract • Any impacts of weather and change orders • Sufficient detail -including submittal process and procurement requirements • Sequence of construction and correct schedule logic • Identification of the critical path and project float The schedule will not be approved as the baseline until all discrepancies are resolved. Schedule Control: During the progress of construction, the APP CM will compare the Contractor's schedule updates to the baseline schedule and any approved time extensions, note any shortcomings, and monitor and track corrections by the Contractor to keep the project schedule on track. If necessary, APP will negotiate time extensions due to change orders or other delays. Coordination Meetings: APP shall schedule and coordinate periodic project coordination I status meetings. Periodic progress I coordination meetings will focus on the following items: • Safety Issues • Contractor's detailed look-ahead schedule -expedite anticipated delays, coordinate inspection and testing requirements, etc. • Public relations issues • Progress and major decisions during the last week • Update of unresolved items from previous meetings • Labor compliance a requirements • Status of submittals and change orders SI Page ~"'-ANDERSON· PENNA F-92 GI Page Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 ~~ ANDERSON· PENNA F-93 Palos Verdes Drive East From Vista Del Mar to the City Northerly Lim its Project No. 002912 Submittals & Substitutions: The APP Team shall review shop drawings, working drawings, requests for information, samples and all other data required to be submitted by the contractor for conformity with the contract plans and specifications. Require, monitor and document compliance with City's Quality Assurance Plan. Document and submit responses to the contractor and to the City after consultation with City staff. The APP Team shall evaluate and determine the acceptability of substitute materials and equipment proposed by the contractor and will provide recommel'!dations to the City. ~ ...... ANDfl\~ON·l'ENNA I ~"" Wm8ranchGftltmtayL••"'-l111prov .... 11b Sptdll<ltlo111 No. 0'11.11-16. Fodmd l'rojtd No. ESl'Lll·5.UB(018) ANDERSON· PENNA ~ PAl'tTNEft6 IH PROJ£C1' OltLIVCA'r' • l'CO .... PROPOSED CHANGE ORDER (PCO) LOG -- l'>MqOOhoonrinJ.Nl'P n..en lnJ.)()lf.Vll Podif¥:C'0~1lue,NTP Ubm mtJO'J4111 C'mttad«-mtffieddddt'tionlt 1-'-l!!""'-'""'-"""'-~~~~-l>'"'----ll--""'""'+-"""""'ll--"''-""--l-""""""'l-~·~~l~J9~'-l-~--+~-t-~~T~='m"-¥-'M=m=~=~="..W.~~~t--~--t ·-~~COPNctlslll13 NTI' Onm ool0.1tWll l\mi!sFi:mlQull!li:r i-;::-i;:1~~===-~~~-F"---ll--'""""~--'~l-'"'..._....,""'"°'""l-•4•"""--..f.-.::.....j--.::....f.-...l...-f'~=·m~~:::::::·~l:•m:::,..~~ ..... ~--I Requests for Information (Rfls) and Change Management: The APP Team shall evaluate change order requests (COR) with regard to both time and payment, and Requests for Information (RFI) as stated in the City's Contract Documents, coordinate review with Resident Engineer and design professional of record, advise whether the original design intent is thereby altered, and provide recommendations to the City. RFl's: Upon receipt, the CM will log, distribute, and respond to each Request for Information (RFI) as required. It is anticipated that most will be handled upon receipt. In the event that the design engineer or any member of the City staff is required to answer questions, the CM will coordinate a timely resolution. APP will identify potential impacts to cost or time that may result due to issues identified in the RFls, with recommended alternatives or solutions to mitigate the potential impacts. 71Page nt.=~~,1ne. ....-e.zn AIWwft,CA.:9:mll-ZIC1 Ml>JleTMAMI: Wilillb!dlGrol&Ywq --PMON£:11•e.'.IOJM70 INC.NO.: mtlG-1"'tO •AX: TI4GXlfH7'1 fm"*U,flll),: EMU·l'l34Cl.tll~ """-"""""· 1.n1t0aonn~.~Mftl9l"' DIWllllNQMO.: un-ue Bfl.Wl.Z ~l?Cm.·,.:.:,~-·•#llQJ .. /11~~-hhffll'Jbeftfit.ahdllpch. f'INMJn"'*.-dUlfl'O,,.,,.lo_,._, N_.,,.l»d.,..enlN&!Ofl:killf E!t:::-111"11J~ ..... VCU°A~IG._4.PCe,,.n ~ l*illftl~~io-PS'ld'~lkl~'fl\~A'fl;tbile eo....,,"11/dlptf,,,.,. ... __ ·-. __ ~~ -.. _:~ .:::.._,_ . .. r"--'i ·--\?~~.--- ~; f.l---~-,,~ --·------=--~----------·····-··---··-----_) ~"-ANDERSON· PENNA • f>AATN<.n:n ... f>MO .. u:c"t OCl..IVC:RT. F-94 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Change Orders: Each issue, which is identified as a potential change to the design, scope, cost or contract time, will generate a change notice. The CM will determine whether or not a change notice should be considered. The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans or specifications, a Request for Quotation (RFQ) will be sent to the Contractor. Any credits for work deleted as a result of the change will be required at this time as well. The Contractor's response to the RFQ will be evaluated for reasonableness and completeness. Upon approval by the City, the CM or Inspector will prepare, log, and process change orders for full exec~tion, and administer their implementation. Once fully executed, the CM will review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application. Force Account Daily Extra Work Reports: APP will verify and sign Contractor's daily extra work reports documenting force account (time & materials) work with City concurrence. In particular, APP will monitor that only appropriate worker classifications necessary for approved time and materials work is included on extra work reports. Any inappropriate workforce and/or equipment charges will be promptly rejected and removed from extra work reports. Claims Avoidance: APP will assist the City with claims filed by the Contractor in accordance with the General Provision, and the Standard Specifications. APP is well-versed at negotiating and resolving claims amicably between contractors and public agencies. Should a claim require work in addition to APP's contract, APP will be available on a time and materials basis if desired by the City. The provision of any legal advice or services is specifically excluded. SI Page CITY OF LOMITA PUBLIC WORKS DEPARTMENT CONTRACT CHANGE ORDER NO. ntt:CtWfOaotl.CIWMIHl!M'DY~,MITKOllrllll)AM»Cll~l!!:J. Mvolc!llbdbll~m~daO'ICOWCh1hoClritM!lllO::Ul!!elta...iJIR'lo!Claiied.,,,._ 'd ct~I muc : t 1t 1.150 • i=; ........... --.. flDM. • 1,111$$1' ·1-1~~':":.;!!·r11m ·· , ··· ; ~~;;;;; 1 u.•• ·-··~~~.~~ .• -,. •. ,,. --~-.--~· ·------·-:::;:.=F1n1a:.-.... C. CRfDIT• to 1M1 CITY fOfl; IHSf'£CllON. OEOTB:ttNICAL TU1INll ANO onte\ • ··----" --,. -----.-1 '~----"--"· -· :.t_ --. ____ ._ tubtotll:S 1552.00) ~""" ANDERSON· PENNA F-95 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Quality Assurance: The APP Team shall coordinate, observe, and approve all tests and other requirements. Testing will be performed by our subconsultant, Koury Engineering and Testing, Inc. ~: APP will implement the City's established Quality Assurance measures stipulated in the Plans and Specifications. APP will coordinate QA/QC activities on a daily basis and review activities as they happen to make sure that QA/QC procedures are followed and deficiencies are resolved in a timely and efficient manner. Testing and Observations: The APP CM will coordinate laboratory, jobsite, and offsite/source inspection and testing of construction materials and required observations per the construction documents, construction codes, and Jurisdictional Agencies. The CM will monitor testing services, track documentation, and record testing results in weekly construction progress meetings. When necessary, TA»UI corrective measures will be implemented and re-inspected to verify acceptable completion. Safe Conditions: APP will monitor project work and adjacent areas for unsafe conditions, promptly require corrective measures to be addressed by the Contractor in compliance with the contract documents and report such issues and corrective measures taken to the City. One of the most pervasive job hazards across all public works projects is construction adjacent to live traffic lanes. APP inspectors are intimately familiar with monitoring and enforcing proper traffic controls per the WATCH Handbook, MUTCD and/or project specific Traffic Control I Traffic Handling I Detour plans. Inspectors drive and/or walk the project limits at the start, during and before leaving the site each day to monitor proper, and/or require corrections to the required traffic control measures. Site clean up during and especially at the end of each working day will be strictly enforced. Progress Payments: The APP Team shall review contractor's monthly Progress Payment Requests (PPR) and make recommendation for approval to the City and prepare and process progress payment requests on the City's forms for approval. Progress Payment Processing: A cost control system, based on the approved schedule of values, approved change orders, and the contract amount, shall be developed and implemented to monitor progress costs. APP will review the payment applications submitted by the Contractor and determine whether the amount requested reflects the progress of the Contractor's work. Appropriate adjustments to each payment application will be required by the Contractor. When the payment application is acceptable and all backup documentation is verified (certified payrolls, lien releases, etc.), APP will prepare and forward to the City a Progress Payment Report. This report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. The APP team is experienced in evaluating complex pay applications. It is critical to the City's best interest that payment application review be performed accurately and prudently to maintain the prime and subcontractor incentives to perform on the projects. 9IPage ~~ ANDERSON· PENNA • PAftTNCN!t IN t>IPIO..rt.C1" OC,::LIVlRT • F-96 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Labor Compliance: The APP team will work proactively and cooperatively with the Contractor to monitor and enforce the City's labor compliance requirements, as follows: • • • Prior the each contractor's mobilization to the project site, APP's labor compliance specialist will review the submitted proposed labor categories to be utilized by prime contractors and subcontractors, and address any appropriate adjustments for compliance with the State Prevailing Wage Determination for direct wages and fringe benefits. APP's inspector will track daily manpower utilized by employer and labor classification. Certified payrolls and fringe benefit statements will be received and logged for each contractor and subcontractor on the project. "'"" o.IAmDBCIUIHWll~Dn, T40-.... 1112 lfltcfflatl-No.moto-n,F ... 1111""':1mNo.EtP1.SlP.ea«1P121J CERMIOPAVROLL LOC ' ' w..= ,.· ~ ~ • Certified payrolls will be reviewed to confirm proper wages and benefits are paid to each employee and classification. • Certified payrolls will be compared to inspector daily reports to confirm each employee, number of hours and appropriate classification observed on site was paid the proper amount. • Any discrepancies identified will be documented and coordinated with the appropriate contractor or subcontractor through the appropriate resolution via the appropriate restitution paid to the employee, supplemental or corrected certified payroll submittal or supplemental daily report entries to correct mis-recorded entries. Document Tracking System: Complete and current project files shall be kept at the job site, or at a location agreeable to the City, and shall be available to the City at all times. These files will consist of the contract, correspondence relating to or modifying the contract, proposal requests, clarifications, permits, logs, reports, RFl's, field orders, change orders, claims inspection reports, test reports, etc. The APP project controls system includes a detailed file indexing system for all project hard files. APP has already developed customized forms, reports database structure, and work breakdown structure, well suited for typical public works projects. We will adapt our system to the specific needs of the project, to monitor, track and control the project. This detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule. 10 I Page ,,.., ":~~~'!:.".!!!!A ........ ........_,,_ ,_......,. ... ........_ . . ·f. ·I I ·r • Ctl'9el11ff"Ullt0: ~""" ANDERSON· PENNA F-97 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 The table below illustrates the typical deliverables that are implemented on APP CM projects: Item Method Frequency Master Schedule MS Project Monthly i::::m1::11m:11111I:::::::11:::;::::!l:'i::::::ttI:::::m::m:11;1im11!lm1::::m::i::1:M:m:mmmm:::,::1::1!1~1:1::::::::'11::m:::;:_:i;:m:~:::1::::t-:::::1mmm1l&Ml1:m·M1 Correspondence Outlook, Word, Speed Memos Daily/Continuous 1::::1?mltliil!it111::~::~;:::::1;:::1::i;::::1:,::::::::;:::::1:;:;1iif;:11tt1:1i1::1tm~1:11:11!1:::,::::::::i::·::::rm111tsi1ttti§1::m::::m::::mm:mm::1:m:::::mt::::m.1.: Submittals Reviews -Word, Log -Excel Daily, as required. 72 hr turnaround m1r1::::::1::::::1:1mmmrn1:1:I:::::r;:m:fr~1;m@1:;;;:l:1ili:::1l:r1:::;:~:::~:rlmt111!;;~;w111111;mrmtj,:ii:11:1:1;:1i1111111i:;1w11111:1111t!f;liiiffl~!:1:::::: Progress Payments Excel Measurements -daily. Quantity Measurement Report -Monthly i:~1-~•vi11:1~m111:r~111;1r~::®t!::::11:::~;ilirii:::1fre11~;t,'!:r~::ili::::11iili:ii11:::m:~~::m®wfJri~::1r~::1'r.;1111:~ll!l¥iliw~rnm~1::m:::i;:::;::I-mmmmm:::m:::rn::::::mmm1:::. Weekly Statements of Working Excel Weekly Days Public Relations Inquiries Log-Excel Daily, as required Progress Reports MS Publisher, Word Monthly and as required ~r,1aJBBimJl$.l~:1:rm::~1t1@:rili~1®~~1!f~::9,111111r1i1~tt11a111w1mrum1111=l1m1mmrnmrnr~mm¥wIEtlm1m\::::::::i::1111:l Project Calendar Outlook Daily Problem Solutions: The APP proactive approach serves to anticipate and expeditiously resolve field problems. Our team is well trained in problem solving. All issues are processed with a sense of urgency and presented to the City with suggested alternatives, cost and schedule impacts and recommended solutions. The CM team will quickly implement the alternative, which suits the best interests of the project and the City. APP will effectively and expeditiously communicate with City staff, Design Consultants and the Contractor, as applicable, to identify conflicts construction problems, coordination issues, and will obtain the needed action and response to submittals, RFls, supplemental design documents, etc. Written Instruction: APP will issue written -#-.,r-SPEED lE1TER5 =~7 e1~~----~--- c;~r ,,-f'!-;q,,,.,,"!_<E. ___ .. .,.. ......... ..,._ ... _ ...... ~ ... -~ .............. ~ ....... _ ......... ___. .. ___ _ ~..a ,.,,.,,.... /7Nlv~ #d /.......,.., ,::;.r.1 ##ta a1.,,1. t.ff.f rZ>!-m ~~ ~-~td...-j ~of.. o ,R 77l;W,f.f'l'rt'., l'J-WI r;jvk; .,,,ftTll4h"!z41 ~,.;?IV;)'/ ~ .£:?~~, l..:rntt'Jd/"i::, (b,.;f"1P/ NIF"'.U. /NL.JJUW r~ 1(,(unl,ji1W ~'ro$G"HflJ ..,e 4,,4/l'dVEU "--r rl.! C,?"';.. I~ ,,,.,···~·=·~·~~o--=~Z-t::?{_!!f!!!'.·.~--'--o~-~-_ .. 1 ~1. }P~,~~:~ ~~~~=~;-1j1t·i~~·Jnr~~~i (.1 ~""1lli lv YAtll~ ~ · ~--------· ··---------~~~ :······:==~rti.db __ -=-1 ~ eK.111n·:1~.M<;>;;•1'/i'\tl.Jl'J,~t~~.w<ull<:o~~"·n;.~ *~'""1'"-.w 1i11.""~'""'"'·~~~ ~w . ..._.Ml...., !:: ~;;t,J:,.;'/ """1~1f/.;t-~/''4'1<4-A.lt(rL17f.Al/;.rfv,r;,:E .,!&,,-.. 1 ,--, f. ~,l'/'i!, T<I!><.,~,..,,,..,.,,. ~· ' instructions (via email, transmittal letter, field speed memo, etc.} to the contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues. 11 I Page ~""' ANDERSON· PENNA F-98 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Daily Construction Observation Reports: APP and/or the deputy I specialty soils and materials inspectors will compile daily observation reports documenting the contractor's workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims, resolutions of issues and directions given to the contractor. Completed daily reports will be transmitted to the City on a weekly basis. Photographs: APP CM & Inspection staff prepares and maintains an electronic photo journal documenting the construction progress. Photos shall be taken before construction begins, during construction and upon completion of the project. Documentation Interpretation & Technical Assistance: APP staff coordinates and expedites between the contractor, design team and City Staff to clarify any questions for interpretation of the construction docume~ts. Timely, firm and fair determinations will be processed to minimize cost and time impacts to the project. Utility Coordination: APP assists the contractor in dealing with local utilities to coordinate and expedite temporary and permanent utility installations, utility relocations utility access structure adjustments, etc. Field Public Relations: APP's inspector will take a lead role in the field to address public relations concerns. All inquiries and issues will be listened to and documented with accurate contact information for prompt follow-up. Any issues that cannot be immediately addressed in the field will be communicated through appropriate protocols with recommendations for the most efficient resolution. APP will expedite implementation of the solution that serves the project's best interests, as mutually determined with the City, Contractor and affected parties. SWPPP: APP CM & inspection staff will enforce all provisions of the Storm Water Pollution Prevention Plan and/or other requisite requirements set forth in the specifications. APP CM staff is well versed in SWPPP monitoring through provision of dedicated services for oversight of developers and contractors on behalf of several public agencies. At a minimum SWPPP requirements will be monitored and a specific SWPPP Checklist will be compiled. Any deficiencies noted will be addressed with the contractor for immediate remedy. Upon a weather report of expecting rain, a site walk will be conducted to ensure that SWPPP measures are in place and well maintained. Additionally, if desired by the City the APP team can be assigned as the data submitter for the project to implement the Notice of Intent (NOi) application, uploading of various reports and processing of the Notice of Termination (NOT) on the SMART website. ..... '"' , .• ·~-· ~"'' i:ft..__ ···~-··~ ...... ~ ·~' _,., .• 1.aM -·.-. •• 1U1U'i111 ""',.. Ill .,, It .~ 12 I Page ... -. ... ,;,,.~ -~--9;;-#r =·~·-;:-:, --·--···--------·--------~~--..-.----~-·-·-'·-·--···----·--~- ~""" ANDERSON· PENNA •~ART Nth= tN f>t10.JICCT OC:LIVllilY • F-99 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Project Close-Out: APP will expedite close-out of the project according to the plans and specifications, receipt of close out submittals from the Contractor. The APP Team shall prepare a punch list, identify all construction deficiencies, mediate the resolution of such with the contractor prior to final inspection, and provide a written recommendation of final acceptance for the project to the City. At the end of the project, consultant shall assure the contractor provides the City with requisite copies of warranties and guarantees associated with constructed products. Pre-Final Inspection: The CM/RE will perform the final job walk and prepare the punchlist (deficiency list). APP will coordinate and observe completion of required corrections. Should the Contractor lag on a portion of the completion of project work, APP will estimate the value of the incomplete items and recommend specific retainage in accordance with the contract to preserve the City's interest. If necessary, a change order will be recommended for approval for completion of the remaining work such that the City may file the Notice of Completion and begin the period of time after which stop notices and/or claims are no longer valid. Final Inspection: All corrections must be made before APP recommends processing of the "Notice of Completion". Upon completion of the punchlist and final sign off by all project stakeholders, APP will make a recommendation to the City regarding the Contractor's final progress payment request and prepare final progress payment report for submission to the City. Deliverv of As-Builts and Close-out Documents: APP will periodically review the Contractor's as-built updates on the approved job plan set, identify missing items and require the Contractor to keep as-built records up to date throughout the project as required by the specifications. APP will review the Contractor's submittal of "as- constructed" conditions and compare this submittal to APP's own documentation. Discrepancies will be discussed, resolved, and recorded. Completed "as-constructed" plans will be submitted to the City. APP will enforce the provisions of the specifications to require the Contractor to submit well-coordinated operations and maintenance manuals, warranties & guarantees, bonds, extra stock and/or other 13 I Page GVAWllY C>lClfl'!Lll\QWI:~ o•Hl&t1<1C~,.._..WMM lMGll'.M1 """"".--Jn VtCF<:1<l'0>4NO"m~1< fCl(;t:Al~ifCIW)CY\f.5.W.i~<~ l»ac:~"""""'"""'"'""-"""C.,,-ge~""-""''""""~~~'Jol.."1..0llC~-......... "°"""'1o·1-""'°"0I lt'W\.OW!ll--lo®~1'1b~l<IUflll';,:ct1-AT .... ,mc;..,. t.tl'l".Nf"""'1~~-... ~---.,,..._,.. ~-<Ja.._.. ...... J\>;IPl,n.>rl!C,a<lur*.xt...--t..><1""""ht""'"'P- :::-~!!!:'~'=~--::=•=:.-=:~.:7.::..<>=:s: h,..,...,........., __ ,_ ,,, ____ ... -"""..,_'-""""""-~-. ..,,Q,;E.:~i,.,~.:: _...,c..•U.'liQO~~..-... ~"' ANDERSON· PENNA F-100 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 items required by the contract documents such that a timely close-out of the project is implemented. APP will perform closeout duties, including final organization of project files, and submit to the City for final approval. APP will also assist with the filing of the Notice of Completion and Release of Retention. 14 I Page ~""' ANDERSON· PENNA F-101 Proposed Team Organization Chart Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 The following is an overview of the staff proposed for this project, with detailed resumes following. Principal-In. Charae ··············~n9P~~mtUJiPe ...... . ~;;~;~~~;;;~;~~~;i;~;~;~~ii~~~;~~):~:~~~~~~i~i~;~;;~~;;;;;;::::~~ii~~~~i~~iii~~i!~!1iii!!!~i!!i~~!!1iiii!!i!!~ ·.·.:.·:-.-::-:.·.···.· .. · .. ···.·.·.<-'.·.<···.·'.·.·.·.·.<·.·.···.·.·.·.·.···.·.··.·.·· .. : im11111dt1111<• -... 'i:'Zri~t~@~::::.:: ... -~::::::::::::::::::::~::}~:::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::: Resumes Following are resumes of key personnel. 15 I Page ~""" ANDERSON· PENNA ••4tlTNCU~ IN ffllOJtCT OC:l,IV(AT• F-102 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Dino P. D'Emilia, PE Pri nci pa 1-i n-cha rge Mr. D'Emilia brings 28 years of project and construction management experience as well as civil engineering on a wide array of public works projects. Mr. D'Emilia previously served in various capacities with California engineering firms where he was responsible for profit and loss, business development, and delivery of construction management services for many successful public capital improvement projects in Los Angeles, Orange, San Bernardino and San Diego counties. Relevant Project Experience: Del Amo Boulevard Extension Project, T-30 -Phases 1 & 2, Torrance, CA. (Phase 1) Construction Inspection Contract Project Manager. Supervised consultant inspector under contract with City. While not directly billable on the project, Mr. D'Emilia assisted the City staff on various construction issues that arose during the successful delivery the $1.S million reroute of two water and two sewer pipelines to accommodate the future construction of the Del Amo Blvd Extension Project. (Phase 2) Construction Contract Administrator overseeing support services to assist the City with construction of a new 4-lane roadway (Del Amo Blvd) between Crenshaw Blvd and Maple Ave and widen an existing segment of Del Amo Blvd between Maple Ave and Prairie Ave. Construction also includes a new bridge over the BNSF Railway's mainline tracks, MSE retaining walls, drainage Education BS/1991/Civil Engineering, Northeastern University Professional Registrations 1996/PE/CA #55453 Professional Affiliations APWA So. CA Chapter 2010 Pres Elect/Treasurer 2012 Congress Finance Chair City and County Engineer's Association CMAA and ASCE Chi Epsilon, 1990-present Honors and Awards Top Leader -Private Sector, APWA So. CA Chapter, 2004 President's Chapter Service Award, APWA So. CA Chapter, December, 2004 Experience Entered the profession in 1983 improvements, relocation of a railroad spur track, reconstruction of affected off-site facilities and coordination with Southern California Edison ExxonMobil Oil for relocation of their respective utilities. The estimated construction cost is $1SM and is partially funded by the American Recovery and Reinvestment Act (ARRA). Downey Avenue Rehabilitation, City of Bellflower, CA: Project Manager/Construction Manager for the construction of this project resurfacing of Downey Avenue from the South city limit to the North city limit consists of a grind and overlay of an arterial highway 60 feet wide and 3,966 feet long. Because this project crosses under the SR-91, a double encroachment permit and extremely careful coordination with the California Department of Transportation (Caltrans) was necessary. This project also includes the reconstruction of specific curb ramps, construction of a concrete pad at the foot of the SR-91 westbound off-ramp, replacement of affected existing vehicular detection loops, and installation of new bicycle detection loops. The project is funded by a federal grant through the American Recovery and Reinvestment Act (ARRA). Accordingly, this project must adhere to the reporting, labor compliance, and Buy America requirements of ARRA and contract administration procedures that adhere to Chapter 16 of the Caltrans Local Assistance Procedures Manual. La Brea Avenue Reconstruction Project, City of Inglewood, CA: As Resident Engineer, performed contract administration and project management for this $3.8 million downtown business district 16 I Page ~~ ANDERSON· PENNA F-103 Dino P. D'Emilia, PE -Continued Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 roadway reconstruction project serving City Hall. He negotiated schedule accelerations and project modifications to complete the project 2 months ahead of schedule and $250,000 under budget. Provided oversight of construction management team including monitoring of project controls, review of budget and schedule and change order negotiations. Jump Start Safety Program, Alameda Corridor-East Construction Authority, Los Angeles County, CA: Resident engineer for a $27 .8 million, federally funded heavy civil and heavy rail project, a portion of the nationally significant rail improvement project to improve safety and traffic/rail delays through the San Gabriel Valley. Responsibilities included selection of the construction management team and subconsultants through preparation of the request for proposal, proposal review and conducting interviews, and ongoing compliance with Disadvantaged Business Enterprise (DBE) requirements. He worked collaboratively with the Authority's program manager and general counsel to modify the boilerplate front-end bid documents, authored the Resident Engineer's manual, procured Primavera Expedition licenses and customized forms and reports for utilization on Authority projects; performed all contract administration functions including management of the projects control team, primary negotiator on contractor change orders, and primary reviewer for contractor CPM schedules and fragnets for change order consideration. Compiled and coordinated a master schedule with the Authority, various member agencies and railroad track and signal crews for comprehensive phasing of all grade crossing improvement bid packages; prepared program safety and quality assurance plans, and assisted with all Caltrans LAPM requirements. Antonio Parkway and Santa Margarita Parkway, Roadway Rehabilitation Project, City of Rancho Santa Margarita, CA: Project/Construction Manager and Resident Engineer for delivery of construction management services for this $2.5 million rehabilitation project. This project was federally funded and Caltrans Local Assistance administered. Zumirez Drive Realignment, City of Malibu, CA: Project and Construction Manager for the design and construction of this $800,000 realignment of Zumirez Drive at Pacific Coast Highway. The project consisted of abandoning an existing section of roadway and replacement of a new curved section to provide a safe, aligned intersection at Pacific Coast Highway. The project included new traffic signals, new roadways using rubberized asphalt, decomposed granite walkways, ADA ramps and striping, utility relocations and close coordination with Caltrans, the City of Malibu and transit operators. Pier Avenue Improvement Project, Hermosa Beach, CA: Construction Manager performing bidability/constructability analysis and project phasing/constraints specifications and bid phase services f for this $4 million downtown streetscape project. Reviewed plans for constructability and took the lead to draft and issue addenda to the bid documents in response to bidder questions and revisions identified by the City and the constructability review. Assisted the City with updating front-end bid documents for compliance with federal ARRA/State Water Boards requirements. Expedited design firm's provision of revised plans and specifications and coordinated expedited printing, email and hard copy delivery and receipt confirmation of addenda. Coordinated and chaired the pre-bid meeting, compiled detailed bid analysis and provided assistance with recommendation for award of the construction contract and expediting of the contract execution process. 17 I Page ~"" ANDERSON· PENNA • ll"Af;TNC:RG .... f"MOJC:CT OC:l.l'll'tJlT • F-104 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Robert Merrell, PE Quality Assurance/Quality Control Mr.· Merrell has an extensive background in project design and construction management developed over 40 years working in public works engineering. Specific areas of expertise include freeway improvements, storm drain facilities, regional channel improvements, large dams, major arterial and collector street widenings and bridge projects. Education REPRESENTATIVE PROJECTS Residential Street Rehabilitation Project, FY 2011-12, City of Rancho Palos Verdes: Assisted with the project bidding process and followed up with serving as the full time Construction Manager directly supervising the construction inspection staff. Provided continuous liaison with City staff and the community while also directing the preparation of weekly progress reports, leading the weekly meetings and directly coordinating the contractor's progress billings. BS/1974/Civil Engineering/ California State University, Long Beach Professional Registrations 1976/ PE/CA #28100 Experience Entered the profession in 1973 Palos Verdes Drive East Storm Drain Improvements, City of Rancho Palos Verdes: Project involved design and preparation of plans, specifications and estimates for the installation of drainage improvements along Palos Verdes Drive East from Bronco to southeast of Headland Drive. Steep terrain was a constraint for the outlet into a natural drainage course. Directed the preparation of construction documents and completed the construction administration and inspection for the project. Palos Verdes Drive South, City of Rancho Palos Verdes: A portion of 25th Street (Palos Verdes Drive South) lies within an unstable land mass where settlement occurs. Over the years the "ocean side" portion of roadway had settled more than the "inland side" creating an uneven cross section. In addition, the pavement began to experience areas of stress cracking with evidence of pending pavement failure. The project included street rehabilitation plans where the overlay was variable in order to achieve better cross section. The road segment had several drainage systems that were upgraded with the rehabilitation project. Directed the preparation of construction documents and completed the construction administration and inspection for the project. Miraleste Plaza Storm Drain, City of Rancho Palos Verdes: The project included the installation of new storm drain replacing an undersized and deteriorating system previously constructed in the early 1950's. The work involved designing the system within a confined right of way and through many interfering utilities. Provided construction inspection services as well. The work was completed in 2012. 1996-97 Citywide Residential Street Improvement Project, City of Rancho Palos Verdes: The project consisted of preparing street rehabilitation improvement plans for ninety streets. An asphalt overlay was designed for each street depending on a field review of the existing condition of the pavement. Responsible for pavement analysis, plan preparation and construction inspection, including scheduling and addressing private property owner concerns. 18 I Page ~""' ANDERSON· PENNA F-105 Bob Merrell, PE -Continued Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 The City Drive Widening, City of Orange: The project consisted of design and preparation of plans specifications and estimates for the widening of The City Drive from the Garden Grove (22) Freeway to Chapman Avenue in conjunction with the development of The Block at Orange. One lane was added to each side of the existing roadway and raised medians were added along the centerline. Responsible for managing staff, coordinating subconsultants and the preparation of construction documents. Plans included plan and profile, construction details, drainage details, typical sections, and cross sections. Fire Mountain Roadway Improvements, City of Oceanside: The project consisted of design and preparation of improvement plans, specifications and estimates for the widening and drainage improvements to Fire Mountain Roadway at Laurel Road. Responsible for managing and design oversight of the street improvement plans, prepared specifications and estimates as well as construction assistance to the City. 19 I Page ~"" ANDERSON· PENNA F-106 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Todd Garner, IOR, ICC Construction Manager Mr. Garner is a project and construction manager and inspector with a general contracting and owner's representative background. He has extensive experience managing the construction of public improvements as a general contractor, project I construction manager, inspector and owner's representative. Leisure World, Seal Beach, CA. Project I construction manager, Property inspector overseeing all capital and maintenance improvements throughout this guard gated community spanning 1 square mile and home to over 9,000 residents. The community represents nearly one-half of the households and one-third of the population of The City of Seal Beach, CA. The Golden Rain Foundation (GRF), a non-profit corporation, was established as the sponsoring body of Seal Beach Leisure World. The GRF engages primarily and specifically in furnishing community facilities and providing services to housing operated on a cooperative or other basis and to the occupants thereof. The GRF acts as a trustee for the sixteen Mutual Corporations who are the "landlords" of the residential property and housing. Projects managed are as follows: • Leisure World -2013 Trust Street Paving Project, Golden Rain Foundation, Seal Beach, CA. Project I Construction Manager overseeing the initial project scoping, design management, bidding, contract administration, inspection and quality assurance, for this $1.4 million project. The project involved typical concrete and AC overlay/rehabilitation work on Golden Rain Road and Club House Parking Lots of this housing complex. Professional Registrations I Certifications • ICC Residential Building Inspector #8032064 • ICC Commercial Building Inspector #8032064 • General Building Contractor B #0067693 • DSA Building Inspector of Record Class 3 #944 • ICBO Deputy Reinforced Concrete Special Inspector #1032571-88 RC • ACI Concrete Field Testing Technician #979083 • Los Angeles City Deputy Concrete Inspector #RC N98- 3522 • Los Angeles County Deputy Concrete Inspector #B87885 • Long Beach Deputy Concrete Inspector #610 • Orange County Deputy Concrete Inspector #0863 • Manhattan Beach Deputy Concrete Inspector #97-25 • Affiliate Member Community Associations Institute (CAI) • Affiliate Member California • Leisure World -Perimeter Masonry Wall Replacement Association of Community Sections N, P & Q, Golden Rain Foundation, Seal Beach, CA. Project I Construction Manager overseeing the initial project scoping, design management, bidding, contract administration, inspection and quality assurance, for this $431,850 masonry wall project. The project involved removal and replacement of 1,801 L.F. of existing 6' high CMU perimeter wall and footing with a 10' high Oreo Wedgelock CMU wall system with a decorative split face block cap. • Leisure World -North Gate Community Access Construction Project, Golden Rain Foundation, Seal Beach, CA. Project / Construction Manager overseeing the initial project scoping, design management, bidding, contract administration, inspection and quality assurance, for this $491,170 dollar project. The project involved construction of a new community access/exit gate, on duty guard building, new AC pavement vehicular access road, AC overlay/rehabilitation work of adjacent interconnecting pavement, automated vehicular and pedestrians access gates, utility installations, sewage, water, and electrical distribution systems. 20 I Page ~~ ANDERSON· PENNA F-107 Todd Garner -Continued Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Valentine Elementary School Modernization Project, San Marino School District, San Marino, CA. DSA Inspector of Record overseeing and performing continuous observation and inspections on school construction project to determine that all work performed and all equipment installed was in accordance with plans, specifications, contract and approved change orders. Review of all contractors/subcontractors work including utility installations, sewage, water, gas and electrical distribution systems. Scheduled and enforced materials testing inspection procedures as required by appropriate code or specification. Notified contractor, commissioned architects, engineers and District construction office of any material or workmanship, which did not meet specifications. Maintained a daily log of construction progress and prepared and submitted semimonthly progress reports to DSA. Reviewed and enforced job safety requirements. Prepared a final checklist of items required to be accomplished for total/partial occupancy. Performed related duties as assigned. The 4.4 million dollar project involved construction of a new two-story 12,500 sq. ft. classroom building, structural steel braced frame, cold-formed metal stud framing with a plaster and brick exterior finish. Washington Elementary School Modernization Project, Hawthorne School District, Hawthorne, CA. DSA Inspector of Record overseeing and performing continuous observation and inspections on school construction project to determine that all work performed and all equipment installed was in accordance with plans, specifications, contract and approved change orders. Review of all contractors/subcontractors work including utility installations, sewage, water, gas and electrical distribution systems. Scheduled and enforced materials testing inspection procedures as required by appropriate code or specification. Notified contractor, commissioned architects, engineers and District construction office of any material or workmanship, which did not meet specifications. Maintained a daily log of construction progress and prepared and submitted semimonthly progress reports to DSA. Reviewed and enforced job safety requirements. Prepared a final checklist of items required to be accomplished for total/partial occupancy. Performed related duties as assigned. The 3.8 million dollar project involved new foundations and underground utilities for 3 portable class room buildings, modernization of 2 existing classroom buildings, and new AC parking lot installation and site concrete work. Long Beach Shipping Container Terminal Pier F Construction Project, Long Beach Container Terminal Inc., Long Beach, CA. Deputy Concrete Inspector overseeing and inspecting structural concrete work assigned for conformance with the design drawings, specifications and applicable local and uniform building codes on Shipping Container Pier F construction project comprised of 105 acres a rail system, eight structures and 10 gantry cranes. Furnished inspection reports to the building official, the engineer or architect of record, and other designated persons. All discrepancies were brought to the immediate attention of the contractor for correction. UCLA Royce Hall Photo Documentation Project, UCLA, Los Angeles, CA. Deputy Concrete Inspector overseeing crack mapping and photo documentation of earthquake damage to UCLA's Royce Hall. This concrete and masonry project report for John A. Martin & Associates developed into a successful report which enabled UCLA to verify the repair scope for FEMA. Jewish Federation Goldsmith Center Crack Mapping & Epoxy Injection Project, The Jewish Federation of Greater Los Angeles, Los Angeles, CA. Deputy Concrete Inspector overseeing crack 21 I Page ~ "" ANDERSON· PENNA • PAlllTN(Af.i tt.I PAOJCC:'t Ot:l.IVCf<IT • F-108 Todd Garner -Continued Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 mapping, photo documentation and subsequent epoxy injection repairs of earthquake damage to the 12 story structural concrete Jewish Federation Building. This concrete and masonry project report for the client's insurance company developed into a successful report which enabled them to verify the repair cost and scope. Del Prado Villas HOA Construction Defects Litigation, Del Prado Villas, Laguna Niguel, CA. Senior Construction Specialist for the Miller Law Firm overseeing construction defects investigation and destructive testing evidence collection pertaining to moisture intrusion, structural failures and earth settlement issues at prospective and existing HOA housing tracts pertaining to class action lawsuits. Coordinated industry experts specializing in all the facets of a building's components and systems to assure a thorough budget minded investigation. Preparation for and attendance at mediations, consulting our team of litigation attorneys and assisting homeowner associations with reconstruction and reconstruction analysis. The 2200 residential home master community, Del Prado Villas recovered $3.75 million against some of the country's largest builders, including J.F. Shea Company, Inc., Rhodes Corporation, Standard Pacific Corporation and Seaside Meadow Partners. This master association filed a law suit for common area soil compaction defects that plagued the common area slopes. This resulted in cracks and separations in terrace drains, tilted and cracked retaining walls, separation of yard walls and pilaster connections, cracked concrete flatwork and asphalt pavement, soil erosion in graded and natural areas. Villagio 1 HOA Construction Defects Litigation, Villagio 1 of Rancho San Clemente, San Clemente, CA. Senior Construction Specialist for the Miller Law Firm overseeing construction defects investigation and destructive testing evidence collection pertaining to moisture intrusion, structural failures and earth settlement issues at prospective and existing HOA housing tracts pertaining to class action lawsuits. Coordinated industry experts specializing in all the facets of a building's components and systems to assure a thorough budget minded investigation. Preparation for and attendance at mediations, consulting our team of litigation attorneys and assisting homeowner associations with reconstruction and reconstruction analysis. The 114 residential home master community, recovered $1 million. This master association filed a law suit for common area soil compaction defects that plagued the common area slopes. This resulted in cracks and separations in stucco around windows permitting water intrusion and subsequent mold, cracked and separated terrace drains, tilted and cracked retaining walls, separation of yard walls and pilaster connections, cracked concrete flatwork and asphalt pavement, soil erosion in graded and natural areas. 22 I Page ~"' ANDERSON· PENNA • f>AATK(lt~ IN fOAO.,rt.C:T Ot:t.lV(NT • F-109 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Deborah L. Cobb labor Compliance/Document Control Ms. Cobb specializes in contract administration services to support Construction Managers on federally funded projects. She performs labor compliance and documentation control of the various aspects required, including prevailing wage compliance audits, EEO documentation, DBE utilization monitoring and full documents control in compliance with the Caltrans local Assistance Procedures Manual. Relevant Project Experience: Project Experience Education BS/1986/Civil Engineering, California State University at Long Beach Years of Experience Entered the profession in 1988 Del Amo Boulevard Extension Project, T-30, Phase 2, Torrance, CA: Labor Compliance officer for the construction of a new 4-lane roadway (Del Amo Blvd) between Crenshaw Blvd and Maple Ave and widen an existing segment of Del Amo Blvd between Maple Ave and Prairie Ave. Construction also includes a new bridge over the BNSF Railway's mainline tracks, MSE retaining walls, drainage improvements, relocation of a railroad spur track, reconstruction of affected off-site facilities and coordination with Southern California Edison and ExxonMobil Oil for relocation of their respective utilities. The estimated construction cost is $15M and is partially funded by the American Recovery and Reinvestment Act (ARRA). Construction Management Services for Congresswoman Juanita Millender-McDonald Community Center Roof, HVAC Replacement including Solar Panels Installation, and Community Center Refurbishment and Upgrade: Labor compliance for this energy efficiency project funded with DOE grants. Responsible for labor compliance and document controls for the project. The proposed performance contract allows 255 calendar days, with the first 120 days allocated to procurement of long lead items. The construction cost estimate is $4,870,000.00 and includes federal and Carson Redevelopment Agency funds. West Branch Greenway landscaping, City of Bellflower, CA: Responsible for Labor Compliance for this civil and landscaping project that bisects the City diagonally starting at Lakewood Boulevard at the northwest following an abandoned railroad right of way southeasterly to the SR-91. Varying densities of residential, equestrian, park, retail, restaurant and commercial uses abut the project limits. This American Recovery and Reinvestment Act (ARRA) project must adhere to the reporting and labor compliance requirements of the Act and adhere to Chapter 16 of the Caltrans Local Assistance Procedures Manual. Downey Avenue Rehabilitation, City of Bellflower, CA: project resurfacing of Downey Avenue from the South city limit to the North city limit consists of a grind and overlay of an arterial highway 60 feet wide and 3,966 feet long, a portion of which crosses under the SR-91. The project is partially-funded by a federal grant through the United States Department of Transportation American Recovery and Reinvestment Act (ARRA). Accordingly, labor compliance and contract administration procedures were performed in compliance with the requirements of ARRA and in adherence to Chapter 16 of the Caltrans Local Assistance Procedures Manual. 23 I Page ~' ANDERSON· PENNA F-110 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Ed Pratt Inspector Ed has more than 30 years of public works infrastructure construction and inspection, including pavement construction, rehabilitation, overlay and slurry seal, concrete structures, storm drain installation, new channels and rehabbing of existing channels, sewer installation, public parks, community facilities, grading, traffic signal installation, striping, landscape and irrigation installation, reinforced concrete walls and block walls. His background includes construc~ion management, construction supervision, public works inspection, expert witness representation, change order processing, schedule tracking, and municipal bidding processes. Additional specialties include construction site traffic control, work site safety, OSHA compliance, project client liaison, and federal and state agency funding requirements. RELEVANT EXPERIENCE Sidewalk and Street repair, Area 3 and 5 -Phase 1 Rancho Palos Verdes, CA. Inspector for +/-10,000 lineal feet of curb and gutter remove and replacement, driveway remove and replacement, 150,000 s.f. of sidewalk remove and Experience 30+ Years of Public Works Construction Management and Inspection Experience Extensive Storm Drain Improvement Project Experience Education/Registration/Certification OSHA Safety Program Certification Trench Safety Certification Concrete Technology Continuing Education Advanced Blueprint Reading Continuing Education Construction Equipment Operator Continuing Education Years of Experience Entered the profession in 1972 replacement, multiple wheelchair ramps, +/-500,000 s.f. of asphalt street remove and replacement. Sidewalk Remove and Replacement, Areas 3 and 5-Phase 2, Ranchos Palos Verdes, CA. Inspector for the removal and replacement of over 100,000 s.f. sidewalk and driveways. City-wide slurry seal, Rancho Palos Verdes, CA. Inspector for over 1,000,000 s.f. of both Type 2 slurry and chip seal slurry. Eshelman Avenue Water Main Replacement and Pavement Rehabilitation, Lomita, CA. Inspector for paving portion of this water main replacement and roadway rehabilitation project. Paving operations included cold milling of the entire roadway on Eshelman Avenue from Lomita Boulevard to Pacific Coast Highway. Inspection of ground surface resulted in elimination of all proposed crack sealing. The paving section consisted of a% inch leveling course, 3/8" chip seal and 2-1/2 inch ARHM overlay. Appurtenant work involved manhole and valve adjustments, thermoplastic striping, traffic loop replacement. The project required a Caltrans Encroachment permit for traffic control and paving operations within the State Right of Way at PCH. Pioneer Boulevard Rehabilitation Between Imperial Highway and Lakeland Road, Norwalk, CA. Inspector for this $565,000 1-5 widening mitigation, roadway rehabilitation project including; curb and gutter, sidewalk removal and replacement of 1,200 square feet of sidewalk, 1,500 lineal feet of curb and gutter, commercial driveways, median island repairs, 245,750 square feet of cold planning and 3,250 tons of rubberized asphalt. 24 I Page ~"" ANDERSON· PENNA F-111 Ed Pratt -Continued Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 190th Street Rehabilitation and Water Main Replacement, Torrance, CA. Inspector for this project including curb and gutter, sidewalk removal and replacement of 20,000 square feet of sidewalk, 3,000 lineal feet of curb and gutter, 4,000 lineal feet of 12" ductile iron domestic water line with house service and fire hydrant connections, 2,600 feet of CL900 12" reclaimed water line, 2,600 feet of communication conduit with inner duct, commercial driveways landscaped median islands and bus pads. Roadway improvements included 9,000 tons of rubberized asphalt with complete street rehab, consisting of 12" base fabric, 12" OV CAB and finish of base asphalt and a 2 Yi 11 rubberized cap. Mango Ave & Baseline Rehabilitation & Realignment, Fontana, CA. Inspector for complete removal of street surface, realignment of the street, compaction, curb & gutter, sewer, storm drain, traffic signal, landscaping, CAB and asphalt along city blocks of Mango Avenue and 1 block on Baseline Road. Responsible for overseeing traffic control, certified payroll, punch list, public relations, change orders, daily reports, verification of quantities and billing. South Highland Extension, Fontana, CA. Inspector for this 5-mile, $4.SM street extension, including complete rehabilitation on half of Sierra Avenue and South Highland, Walnut Avenue at Sierra Avenue, Sierra Avenue at Baseline, Summit Avenue at Cherry and Citrus Avenue. The project included; storm drain, sewer main, curb, gutter, sidewalk, handicapped ramps, 3 new traffic signals, 42 street lights and hardscape. Responsible for quality assurance, certified payroll, quantities and billings, change management, public relations, daily reports and project closeout. 190th Street Rehabilitation and Water Main Replacement, Torrance, CA. Inspector for this project including curb and gutter, sidewalk removal and replacement of 20,000 square feet of sidewalk, 3,000 lineal feet of curb and gutter, 4,000 lineal feet of 12" ductile iron domestic water line with house service and fire hydrant connections, 2,600 feet of CL900 12" reclaimed water line, 2,600 feet of communication conduit with inner duct, commercial driveways landscaped median islands and bus pads. Roadway improvements included 9,000 tons of rubberized asphalt with complete street rehab, consisting of 12" base fabric, 12" OV CAB and finish of base asphalt and a 2 Yi 11 rubberized cap. Street Improvements, San Clemente, CA. Inspector for this $2M, 12 mile, street improvement project. The improvements included a 12" street section with paving fabric, A/C base course, AHRM overlay, curb, gutter, handicap ramps and sidewalks. Responsibilities included typical inspection and contract administration duties for 2 separate construction contract and close coordination of complex traffic control challenges to maintain resident access at all times. Bandini Boulevard Street Rehabilitation, Bell, CA. Inspector for 3 miles of street rehabilitation including earthwork for an 11" street section, cold planning, deep lift base asphalt, AHRM overlay, Striping, loops, sidewalk replacement and handicap ramps. Substantial traffic control and night work were required. Citywide Street Improvements, Chino, CA. Inspector for citywide street rehabilitation including full pavement grinding, asphalt pavement overlay, traffic signal installation, striping, traffic control scheduling, and community outreach for over 10,000 linear feet of major arterials, secondary arterials, and collector streets as part of the City's Annual Pavement Maintenance Plan. Philadelphia Avenue and Central Avenue Street Improvements, Chino, CA. Inspector for street widening and improvements for Philadelphia Avenue and Central Avenue including asphalt pavement, 25 I Page ~ ........ ANDERSON· PENNA F-112 Ed Pratt -Continued Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 median islands, concrete improvements, storm drain improvements of 96" storm drain tying into a box culvert and further into the Santa Ana River Channel in Chino. Also catch basins, traffic control scheduling, subcontractor scheduling, and coordination with City and business owners for 600,000 square feet of major arterial improvements, on Mountain Avenue, Edison Blvd. Central Avenue Chino Avenue and Pennsylvania Avenue. Atlantic Boulevard Street Improvements, Bell, CA. Inspector for street slurry seal and pavement reconstruction improvements for Atlantic Boulevard from Florence Street to Brompton Avenue including removal of street, soil fabric, subgrade, CMB, traffic control scheduling, and electrical, striping and landscape subcontractor coordination for 5,000 linear feet of major arterial. Street Improvements, Lake Forest, CA. Inspector for street rehabilitation on Trabuco Road and Lake Forest Avenue. Work included pavement grinding, re-pavement and asphalt pavement overlay, slurry seal, striping, traffic control scheduling, and community outreach for over 10,000 linear feet of major arterials, secondary arterials, and residential streets as part of the City's Annual Maintenance Plan. Citywide Street Improvements Lake Forest, CA. Inspector for street rehabilitation in various locations including pavement grinding, asphalt pavement overlay, slurry seal, striping, traffic control scheduling, and community outreach for over 10,000 linear feet of major arterials, secondary arterials, and residential streets as part of the City's Annual Pavement Maintenance Plan. Citywide Street Improvements Burbank, CA. Inspector for street and alley rehabilitation in various locations including complete removal and grading of streets and alleys, pavement grinding, re-pavement and asphalt pavement overlay, concrete improvements consisting of various locations of sidewalk, curb and gutter, and traffic control scheduling for 1,600 linear feet of street and alleys. Orangethorpe Avenue Street Rehabilitation, La Palma, CA. Rehabilitation of Orangethorpe Avenue from Valley View Avenue to SR-91 including pavement grinding, pavement reconstruction, petromat placement, asphalt pavement overlay, striping, traffic control, and community outreach for over 2,500 linear feet of major arterial as part of the City's Annual Pavement Maintenance Plan. Street Improvements, Burbank, CA. Citywide street improvements including asphalt pavement rehabilitation, decorative concrete intersections, brick sidewalk banding, storm drain improvements, street lighting, traffic signal improvements, traffic control scheduling, subcontractor scheduling, and coordination with City and business owners for 100,000 linear feet of major arterial. Citywide Street Improvements, West Covina, CA. Inspector for Citywide street improvements including asphalt pavement rehabilitation, storm drain and sewer improvements, catch basins and manholes, traffic control scheduling, subcontractor scheduling, and coordination with City and business owners for 7,000 linear feet of major arterial. Street Improvements, Los Angeles, CA. Citywide Street improvements for various locations including asphalt pavement rehabilitation, concrete handicap ramp improvements, traffic control scheduling, subcontractor scheduling, and coordination with City and business owners for 100,000 linear feet of major street improvements. 26 I Page ~""' ANDERSON· PENNA F-113 Ed Pratt -Continued OTHER PROJECT EXPERIENCE Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Median Landscape, Torrance, CA. Inspector for median improvement project on major arterial. Improvements included irrigation, trees and plants. At 190th Street at Crenshaw Blvd. Storm Drain Improvements, Chino, CA. Inspector for backbone storm drain main on Telephone Avenue including double 811 x12" RCB, 84" RCP, and 72" RCP storm drains and related trenching, site safety, trench paving, and related catch basin improvements, striping, traffic control scheduling, and business coordination for over 800 linear feet of storm drain facilities as part of the City's Storm Drain Improvement Master Plan. Florence.at Otis Traffic Signals, Bell, CA. Inspector for new signals, poles and fixtures, handicap ramps and sidewalks. Responsibilities included typical inspection and contract administration, as well as complex traffic control and pedestrian safety while keeping all sidewalks open throughout construction. Handicap Ramp Street Improvements, Bell, CA. Inspector for citywide handicap ramp street improvements, including existing ramp demolition, concrete ramp installation, concrete curb replacement, traffic control and community outreach for over 60 ramp locations on major arterials, secondary arterials, and collector streets as part of the City's Annual Capital Improvement Program. Bear Street and Florence Avenue Traffic Signal Modifications, Bell, CA. Inspector for traffic signal modifications for the intersection of Bear Street and Florence Avenue including installation of new signals, emergency response lights, controller, and Edison connection, traffic control scheduling, and community/business outreach for this major arterial intersection as part of the City's Annual Capital Improvement Program. Orangethorpe Street Median Improvements, La Palma, CA. Inspector for median improvements of Orangethorpe Avenue from Walker to Moody Avenues and north of Moody Avenue to Cerritos Avenue including concrete raised medians, re-pavement, landscaping and irrigation, striping, traffic control scheduling, and community outreach for over 10,000 linear feet of major arterial streets as part of the City's Capital Improvement Program. Citywide Street Bus Pad Improvements, Culver City, CA. Citywide street bus pad improvements in 63 locations which included asphalt pavement removal, base compaction, concrete construction, asphalt patching and traffic control. State Highway 8 Improvements, Caltrans, CA. Inspector for state highway improvements including primarily traffic control operations for pavement rehabilitation night work, subcontractor scheduling and completion of unfinished subcontractor bid items for 7 miles of two-sided highway. Storm Drain Improvements, Los Angeles, CA. Storm Drain improvements in the Canoga Park Area including storm drain pipe installation ranging from 18" to 72 11 , concrete catch basin and manholes improvements, traffic control scheduling, and coordination with City and business owners for 8,000 linear feet of storm drain and related improvements. 27 I Page ~·~ ANDERSON· PENNA F-114 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Al Aguilera Public Works Inspector Mr. Aguilera offers over 45 years' experience performing inspection for public works and Caltrans projects. His strong organizational skills, scheduling, documentation, and bookkeeping skills are complemented by his fluency and communication skills in both written and verbal Spanish and English. Mr. Aguilera's experience includes roadway construction and rehabilitation, concrete curb, gutter, sidewalk, driveways, retaining walls, sound walls, traffic signals, earthwork and grading, , water, sewer, force mains, landscape and irrigation, highway and bridge and residential/commercial developments projects. Relevant Project Experience Includes: Midwick Tract Street Improvement Project, Alhambra, CA: Inspector on this $1.5 million residential roadway rehabilitation project. The project involved substantial dig out and deep lift repair, grind, crack sealing and overlay in the Midwick Tract section of the City of Alhambra. Coordinated QA testing, and performed oversight of traffic control, quantity measurements, quality assurance. Maintained detailed project records and daily construction reports, and facilitated timely pay application processing and project acceptance and closeout. Residential Slurry Seal, Torrance, CA: Inspector for this $380,000 slurry seal program on residential streets and parking lots at a city park and water pump station facility. The project included crack sealing, 1.4 million square feet type II slurry seal, removal and replacement of 600 feet of curb and gutter, and 50 parking lot wheel stops, as well as appurtenant traffic striping, traffic control and public relations. Responsibilities included quality assurance, project documentation, public relations and assistance with contract administration duties. Cape Seal on Various Streets, Yorba Linda, CA: Inspector for this $500,000 cape seal program on residential streets and a bike path. The project included 40,000 square feet of A/C paving deep lift repairs, crack sealing, 45,000 square yards of cape seal on Orient Drive, Avocado Avenue, Ohio Street and Palm Avenue, and 4,600 square yards of slurry seal on a bike path. Project Experience • Roadways and Highways • Bridges, Retaining Walls and Sound Walls • Water, Sewer, Lift Stations, Force Mains, and Reservoirs • Landscape and Irrigation • • ADA compliant C&G, Driveways • Traffic Signals • Parks • Mass Grading and Precise Grading • Residential and Commercial Development Education Certification for Building and Safety, California State University, North ridge Asphalt and Concrete Estimating Certification, Citrus College Public Works Water Certification, Citrus College Certification for Irrigation Installation, Cal Poly Pomona, Kellogg West Senior Landscape Certificate for Design, Cal Poly Pomona, Kellogg West Professional Registrations C27 License PEST Controller Advisor CA License Certified Arborist, CA Years of Experience Entered the profession in 1967 West Branch Greenway Landscaping, Bellflower, CA: Inspector for this $570,000 Civil and landscaping project that bisects the City diagonally starting at Lakewood Boulevard at the northwest following an 28 I Page ~ """' ANDERSON·PENNA F-115 Al Aguilera -Continued Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 abandoned railroad right of way southeasterly to the SR-91 through varying densities of residential, equestrian, park, retail, restaurant and commercial uses. The project is wholly-funded by a federal American Recovery and Reinvestment Act (ARRA) grant. The project successfully adhered to the reporting, labor compliance, and Buy America requirements of ARRA. The construction management processes and contract administration procedures closely adhered to Chapter 16 of the Caltrans Local Assistance Procedures Manual. City Wide Roadway Rehabilitation and Slurry Seal Project, Yorba Linda, CA: Inspector for this $800,000 residential major arterial asphalt concrete roadway rehabilitation and Slurry Seal program on various residential and some arterial roadways. The project included grind and overlay, crack sealing, slurry seal, striping and appurtenant traffic control and public relations. Esperanza Avenue Railroad Sound Wall, Yorba Linda Railroad. Inspector overseeing a 1 -1/2 mile landscaped sound wall between BNSF Railroad and Esperanza between River Road and Lakeview Boulevard. Responsibilities included substantial utility and railroad coordination. Various Projects including Annual Slurry Seal, Santa Fe Springs, CA: Superintendent and Inspector for buildings and grounds, responsible for the management and inspection of the City's annual slurry seal project for 15 years, and new parks and recreation facilities. Responsibilities included the approval and release of various tasks and structures including traffic signals, landscape, plumbing, foundations, electrical, and sub-grades. Responsible for all record keeping and documentation of tasks in progress, completed tasks and future work. In addition, managed a 15-person maintenance crew. Various Projects, Fullerton, CA: Inspector for several arterial street reconstruction, hardscape and landscaping projects using redevelopment agency beautification funds. Additionally, performed inspection on city building facility seismic retrofits, sewer rehabilitation, airport paving, fountains, parks and a 5 million gallon water reservoir. Concrete Bus Stop Installation, Palm Springs, CA: Inspector on this $350,000 CDBG funded Bus Stop Project for this project funded along Vista Chino Avenue and Ramon Boulevard. The project included installation of four PCC concrete bus pads and shelters, four warning beacon lights and appurtenant signage and striping. Gene Autry Trail Widening Project, Palm Springs, CA. Inspector on this $4.8 million widening of Gene Autry Trail, including curb, gutter, sidewalks, residential right of way masonry walls, retaining walls, bus turn-outs, hardscape, landscape and irrigation, traffic signals and street lighting. Responsibilities included coordination with Caltrans for traffic signal improvements, as well as overall project oversight and supervision of two subordinate inspectors. Beaumont Boulevard Bridge Widening, Beaumont, CA: Inspector, this federally funded widening of this bridge over the 1-10 freeway. The project widened an existing structure from 2 to 4 lanes, and involved coordination with and oversight by Caltrans via an encroachment permit. Duties included contract administration, inspection of falsework, Cast in place concrete beams, daily reports, quantity verification, SWPPP compliance, contract labor compliance and all documents control. 29 I Page ~"' ANDERSON· PENNA F-116 Al Aguilera -Continued Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Various Railroad Grade Separation Projects, Santa Fe Springs, CA: As a Senior Public Works Inspector, responsible for roadway under railroad grade separation projects at Telegraph Road, Florence Boulevard, Santa Fe Springs Road and Carmenita Boulevard. The project involved pre-stressed concrete girders and all appurtenant improvements. Duties included contract administration, inspection of false work, Cast in place concrete beams, daily reports, quantity verification, SWPPP compliance, contract labor compliance and all documents control. Masonry Soundwall Project, 1-5 from Norwalk to the 1-605, Santa Fe Springs, CA: Inspector for several miles of federally funded sound wall construction within Caltrans right-of way. Duties included contract administration, inspection of false work, Cast in place concrete beams, daily reports, quantity verification, SWPPP compliance, contract labor compliance and all documents control. Indian Wells Village Improvements Indian Wells, CA: Inspector for the construction of Mile Avenue and Warner Trail Roadway improvements. A major portion of the project included a CVWD sewer lift station with open trench and pipe jacking installation of 26,973 linear feet of storm drain, sewer, water, waste water and sewer force main piping to depths as much as 30 feet below finished surface. Also responsible for the extensive landscaping and irrigation construction inspection associated with the project. Melrose Grade Separation, Placentia, CA: Inspector construction of a BNSF railroad bridge over Melrose Street, and the realignment and reconstruction of Melrose Street including, traffic signals and landscaping from Crowther Ave. to Santa Fe Ave. ADA Ramp Retrofit Projects, Various Agencies, CA. Inspector for the removal of existing, non-compliant curb access ramps with new, ADA compliant ramps at multiple locations for the following local agencies. • City of Palm Springs • City of Yorba Linda • City of Placentia • City of Fullerton • City of Irvine • City of Santa Fe Col. Bill Barber Memorial Park Phase II, Irvine, CA: Inspector for a 14-acre park comprising of tennis courts, tennis recreation building, playground equipment, picnic shelters, hardscape meandering sidewalks, landscape & irrigation, and water features. State Rte 90 Imperial Highway Widening (Seg. 5 & 6),Yorba Linda, CA: Inspector for the construction of the Buena Vista Undercrossing Widening, Kellogg Drive on and off ramp widening and roadway improvements of Imperial Highway from Orangethorpe Avenue to Rose Drive. The project also included re-alignment of Savi Ranch Business Park and Weir Canyon, including traffic signals and landscaping. Seal Beach Pier Rehabilitation, Seal Beach, CA: Inspector for the re-decking of the Seal Beach Pier, including electrical inspection for crossing signal/beacon. 30IPage ~"" ANDERSON· PENNA F-117 Al Aguilera -Continued Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Student Housing, American Campuses, UC Irvine, CA: Inspector for a project consisting of construction of Arroyo St and California St, new and relocated utilities including electrical, sewer, water, gas, telephone, cable TV, and one, two, & three story apartment housing. 72" Storm Drain, Ontario, CA: Graveyard shift Inspector for this 24 hour Jacking operation for the Installation of a 72" storm drain under primary rail lines into an adjacent storm drain channel. Responsibilities included coordination with Southern Pacific Rail Road for safety and clearance procedures, as well as close coordination with San Bernardino County for work within the storm drain channel. Monitored rail settlement using survey instruments during jacking operations. Citywide.Sewer Rehabilitation, Maywood, CA: Inspector for this city-wide CIPP sewer lining of 8 inch sewer mains and routing of lateral lines. Rosecrans Boulevard Slurry Seal, Paramount, CA: Inspector for this $1.S million Types 1 and 2 Slurry Seal of 8 miles of Rosecrans Boulevard from Summerset Avenue to the 1-405. Dove Canyon Roadway Rehabilitation and Drainage Improvements, Santa Margarita, CA: Private community inspector for this $800,000 storm drain filter, street overlay and slurry seal project. The project included installation of storm drain filters upstream of city catch basins, roadway grinding, installation of petromat, A/C paving overlay and Type 1 Slurry Seal. Clark Estate Historical Site, Santa Fe Springs, CA: Senior Public works inspector for the restoration and preservation of the Clark Estate Historical Site. This concrete structure was originally constructed in the early 1800's and required a total renovation. Duties included inspection of vegetation peel, light sandblasting, routing out existing cracks, application of epoxy in cracks, applying finish plaster coat, and re-vegetation of vines. Worked alongside project architect and Historical Committee to ensure conformity with plans and specifications. 31 I Page ~""' ANDERSON· PENNA • PAftTNCh$ IN f'lllOJtCT OC:l.IYtftY • F-118 References Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Five Letters of References are included below. 32 I Page PUBLIC WORKS DEPARTMENT Roomn BESTE PUBLIC WORKS DIRECTOR Mr. Dino D'Emilia AndersonPenna Partners, Inc. 20280 Acacia Street Newport Beach, CA 92660 August 20, 2012 SUBJECT: Del Amo Boulevard Extension -Phase 2, T-30 (Contraet No. C2010-203) Federal Projeet # ESPLRSTP 5249-(021) Dear Mr. D'Emilia, This letter is to thank you and the AndersonPenna construction administration and quality assurance team for an outstanding performance on the City of Torrance's Del Amo Boulevard Extension project. Your proactive approach, attention to detail and sense of urgency managing the quality assurance, contract administration, project and documents control and federal contract and labor compliance for the project were instrumental in the very successful completion of this high profile project for our City. Your organization and custom tailored project systems also provided for a very smooth process with our partners at the Caltrans Local Assistance and FHW A offices. AndersonPenna's team professionalism and collaborative approach to problem solving also provided a valuable asset in efficiently and fairly resolving project issues. On behalfofthe City of Torrance, I'd like to personally extend our sincerest appreciation for your efforts and your team's contribution to completing the long-anticipated traffic and circulation improvement to the City of Torrance. Sincerely, s;_· lJ-'L.-P (_,) -~< 'CRAIG BILEZERIAN, P.E. Engineering Manager 20500 Madrona Avenue• Tommce, California 90503 •Telephone 3JOn8t-6900 •Fax 3tonst-6902 Visit Torrance's home page: http:llwww.TommceCA.gov ~""' ANDERSON· PENNA • PAftTNC:R~ IN f>l'!IO.l&:CT Ot:l.IVf.fl:Y • F-119 ,,,,,....,, ,,,,,,. .-,. GltbrklMrUq 111 South First Street Alhambra California 91801-3704 33 I Page City of Alhambra Public Wbrks Department February 4, 2013 Mr. Dino D'Emilia AndersonPenna Partners, Inc. 20280 Acacia Street Newport Beach, CA 92660 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 SUBJECT: City of Alhambra -Midwick Tract Street Improvement Project Dear Mr. D'Emilia: This letter is to thank you and your inspection and quality assurance team for an outstanding performance on the City of Alhambra's Midwick Tract Street Improvement Project. Your proactive approach, attention to detail and sense of urgency managing the quality assurance, and inspection for the project were instrumental in the very successful completion of this high profile project for our City, and your organimtion and custom tailored project systems facilitated a very smooth process. AndersonPenna's project team's professionalism and collaborative approach to problem solving also provide a valuable asset in resolving project issues efficiently and fairly. Please accept my sincerest appreciation for your efforts and your team's contribution to the long awaited neighborhood street improvement to the City of Alhambra. Very Truly Yours, Amanda Eitel Public Works Engineering Technician ~'""" ANDERSON· PENNA , P""tJTHC:htt ... :flli:OJCCT Q(l.IYC:RY• F-120 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 1--·-... T h e C i t y o f B e 1 l f l o w e r i 9amilie.s. 2Ju.sine.r.se.s. ::Julure~. ' 16600 Civic Cenrer Drive, Bellflower, CA 90706 T•I 562.8()4.1424 fax S62.925.8660 www.beUflower.org February 1, 2013 Mr. Dino D'Emilia AndersonPenna Partners, Inc. 20280 Acacia Street Newport Beach, CA 92660 SUBJECT: City of Bellflower-Construction of Sidewalks -HPLUL-5348 (021) Dear Mr. D'Emilia: This letter is to thank you and your construction administration, quality assurance and inspection team for an outstanding performance on City of Belmower's -Construction of Sidewalks -HPLUL-5348 (021) Project. Your proactive approach, attention to detail and sense of urgency managing the quality assurance and inspection services for the project were instrumental in the very successful progress of this high profile project for our City, and your organization and custom tailored project systems facilitated a very smooth process. AndersonPenna's project team's professionalism and collaborative approach to problem solving also provide a valuable asset in resolving project issues efficiently and fairly. Please accept my sincerest' appreciation for your ~fforts and your team's contribution to the long awaited traffic and circulation improvement to the City of Bellflower. Sin7jiy, k-_,,, .. ~:i::ot~ City Engineer ---> Don Koops Raymond Dunton M•1.,.ProTtm Randy Bomgaars CMnri!Maoilu Scocc A. Larsen C""11Ci/Mt111kr Sonny S.nra Ines CoNRtilfll~· llfa)'llr 34 I Page ~"" ANDERSON· PENNA F-121 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 ( llLRI KELLFY Mayor I lJIUI VER!'.:OL\ Vice i\faym Ml( ltAl L Ml N()Ll (cvuni:1lmt•mh·-'I \l.\RCH ROIJARll· ( 'ouncilrnt~mOl:.'r Lf:(ll\ARD SflRY<KK ('m111c11mcnibt.:r ~HCllAFl.J EGA!\ Cil) Mana!!« 1271~1 NORWAl.K llL\'D. P.O BOX rn:m. NORWALK, CA 90{,51.1()30" PHONE: 562/QZ9-57ll0, FACSIMILc: 5621929-5773 'WWW.NOKWAU(( '.\.um· 35 I Page Mr. Dino D'Emilia An<lcrsonPenna Partners. Inc. 20280 Acacia Street Newport Beach. CA 92660 February 6. 2013 SUBJECT: City of Nonvalk -Pioneer Blvd Pavement Rehabilitation Project Dear Mr. D"Emilia: This letter is lo thank you and your construction administration and quality assurance team for an outstanding performance on City of Norwalk"s Pioneer Blvd. Pavement Rehabilitation Project. Your proactive approach. attention to detail and sense of urgency managing the quality assurance. contract administration, project and documents control and labor compliance for the project \\ere instrumental in the very successful completion of this high profile project for our City. and your organi7..ation and custom tailored project systems facilitated a very smooth process with our partners at the Caltrans Local Assistance otlices. AndersonPenna's project team's professionalism and collaborative approach to problem sol\ ing also provide a valuable asset in resolving project issues efficiently and fairly. Please accept my sincerest appreciation for your efforts and your team· s contribution to the long a\\ ailed traffic and circulation improvement to the City of Norwalk. Sincerely. ~~(. <-~ .. ~-~ ~.__""··- Daniel Garcia. r.6EA)CPP. City Engineer ''· ·~-_., ~-....... ANDERSON· PENNA F-122 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 City Hall 1400 Highland Avenue Manhattan Beac:ll, CA 90266-4795 Telephone (310)802-5000 FAX (310)802·5001 TDD (310)546-3501 February6, 2013 Mr. Dino D'Emilia AndersonPenna Partners, Inc. 20280 Acacia Street Newport Beach, CA 92660 SUBJECT: City of Manhattan Beach Greenbelt Low Flow Infiltration Project Dear Mr. D'Emilia: This letter is to indicate the City's satisfaction with the construction manacernent services provided by AndersonPenna under the subject project. The project included sipificant public impact due to the detour of a popular recreational path. The detours were successful due to the diligent attention to detour traffic control and thorough public notice administered by the project team and enforced by AndersonPenna. Construction was complicated by wlforeseen underground conditions. AndersonPenna staff woited proactively to develop and implement solutions that miticated delays and costs. The City was pleased with AndersonPenna's performanoe on this project and would hire them again without reservation. ;t~ SteveFmton City Engineer 36 I Page Fin-Dcpartnw111 Ad.W.s: 40015~ St«cl..Manb.aUllll S••<h. C:A 9ll2M l'A>.1IJO)8\l~ ~llll Poli«> Dcp0rtmo11l Addtr.": 42!1 IS" Stm:t, M:mhntran Beach, CA 9\J2M FA'( 13 l<ll 302-SH•I Pull1it Worl< Dop>i1m.?nl Addrt"O;s: :;621 Bell A>L"ue, M:intlll11an B""th, ("A 9{12M P,\X 1110) Mll2 ·~~OI City t)f Mlnh:uwn Beach Web Site: hu11://ww1,1"'-1Lymh.int(• ~""' ANDERSON· PENNA • ftAftTHClll$ IN ffRO,u:eT (loC:l,.tl((RY. F-123 Estimated Fee Palos Verdes Drive East From Vista Del Mar to the City Northerly Lim its Project No. 002912 The following table details the estimated fee by project phase, and assumes full time construction management and inspection services over 10 working days during the pre and post -construction phases and 60 working days during the construction phase. City of Rancho Ralos Verdes Construction Management and Inspection Serviaes for the Arterial Roads Rehabilitation Rroject Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits, Project No. 002912 Construction $23,400.00 Construction Mana er 8.0 60 480.0 $ 145.00 $69,600.00 ---- Prevailing Wage (PW} lnseector ··--8.0 ____ ____§Q__ ·-480.0 __ --~---J.95.00 ~,400.00 PW Ins ector OT Allowance 8.0 10 80.0 $ 144.00 $11,520.00 3.0 60 180.0 $ 85.00 $15,300.00 --~·-----$146,820.00 Inspection Overtime: Inspection Overtime will be charged at 1.4 times, and Sundays and holidays, 1.70 times the above rates, and may require additional budget if overtime inspection is anticipated for the project. Minimum Inspection Call Out: A 4 hour minimum callout charge applies for inspection services. Other Direct Costs: Ordinary identifiable non-salary costs that are directly attributable to the project such as reproduction regular vehicular travel costs, overnight postage I couriers, etc., are included in the fee estimated fee above. Extraordinary expenses, such as such as oversized and/or color reproduction costs, site facility hard phone line and/or internet service charges, non-commuter project miles and/or other travel expenses to remote (over 50 miles one-way) fabrication yards I batch plants, overnight postage I couriers, etc., are billed at actual cost plus 10 percent to cover overhead and administration. Travel charges to a casting/ fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Extraordinary charges will not be billed to the Client unless specifically requested and approved by the Client in writing prior to incurring the expense. 37 I Page ~~ ANDERSON· PENNA F-124 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Fees for expert witness services: Charged at $300.00 per hour with a 4-hour minimum per day. Fees for subconsultant services: The fee estimate includes subconsultant estimated service costs plus 10 percent to cover overhead and administration. See attached for subconsultant's proposed scope I hourly rates I fee detail. Payment Terms: A late payment finance charge at a rate of 12 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule is effective through December 31, 2014. Should the Contract duration be extended beyond December 31, 2014, rates will be subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business, as mutually agreeable to the parties and approved .via Contract amendment prior to implementing higher rates. NOTES/ LIMITATIONS: At the time this proposal was prepared the contractor's CPM schedule was not available. The estimated fee is based on quantities and/or scales shown on the plans. The estimate may be affected by: • Working time duration in excess of the duration indicated above; • Contractor and subcontractor's efficiency and sequencing of events; • Unexpected subsurface conditions; • Unforeseen delays beyond APP's control EXCLUSIONS TO SCOPE AND FEE: The following items are specifically excluded: • Legal advice • Hazardous materials testing or monitoring • Surveying • Licensed or otherwise certified specialty practitioners not included in proposal • Temporary field office facilities, equipment, furniture, utilities and/or services • Specialized Software (other than MS Office Suite, MS Project) Extra work (i.e.: project delays requiring work in excess of the level of effort included, any items not covered in scope) must be pre-approved via contract amendment approved by the City. 38 I Page ~""' ANDERSON· PENNA F-125 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 Appendix A: Materials and Soils Testing Proposal (Koury Engineering & Testing) 39 I Page ~ "' ANDERSON· PENNA F-126 F-127 l<OURY ENGINEERING & TESTING, INC. January 9, 2014 AndersonPenna Partners, Inc. 20280 Acacia St. Suite 100 Newport Beach, CA 92660 Subject: Construction Inspection & Material Testing Koury Proposal No. 14-0005 Ranchos Palos Verdes Arterial Roads Rehabilitation Project Dear Dino P. D'Emilia, Koury Engineering submits this proposal for the Ranchos Palos Verdes Arterial Roads Rehabilitation Project project. Our proposal is based on the enclosed Estimated Budget Breakdown and Master Fee Schedule of Rates. We are fully prepared and committed to respond to the needs of this project as well as the schedule for completion. Koury has three full-service geotechnical and materials testing laboratories located in Chino, Gardena and San Diego. Koury is licensed by the Division of the State Architect (DSA), City of Los Angeles, Caltrans, MTA, ACE, AMRL, CCRL and AASHTO certified as an approved testing agency. SCOPE OF SERVICES Our project engineer reviewed the following documents for the "Palos Verdes Dr Arterial Road Rehabilitation" project: 1. A set of project plans and specification for Palos Verdes Dr Arterial Road Rehabilitation project; Prepared by Koa Corporation CBM Consulting, dated 08/21/2013. Based on our review of the drawings, we understand that the project consists of Palos Verdes Dr Arterial Road Rehabilitation. The construction will include cast in place concrete ramps, cast in place concrete curb & gutters and sidewalks, and keystone retaining walls. Geotechnical aspects of this project consist of rough grading, utility trench backfill, asphalt paving over compacted base material, concrete curb and gutter, subgrade preparation for the flatworks, and keystone retaining walls. During construction, Koury will provide geotechnical and construction observation including material testing to verify that the work performed generally complies with the project's requirements, specifications and plans. Our proposed services include the following: 14-0005 • Reviewing plans, reports and project specifications; • Performance of periodic site visits and observation by Koury Engineering Staff for quality assurance purposes; • Observing and testing compaction during grading operations, including removal and re-compaction of fills and trench backfilling; Koury Engineering, Inc. • Chino, CA (909) 606-6111 • www.kouryengineering.com page 1 F-128 14-0005 • Documenting removal areas and depths; • Observing and testing compaction of subgrades for flatwork; • Performing required soil laboratory tests on retained samples from on-site and/or imported materials for fill placement as required by the soils report/project • Review mix design for concrete, if requested • Observe, inspect, sample and test structural concrete placed at the project site including the placement of reinforcing steel used on site • Observe, inspect, sample and test reinforcing steel • Preparing, upon receiving the client's written request, Koury will prepare one final report documenting our observations and tests during construction. Koury realizes each client's project needs are different and upon request, we can provide the following services: • Attend pre-construction meetings. • Attend weekly meetings. • Respond to Reviewing Agencies. It is generally the client responsibility to provide us a complete (approved) set of drawings before commencement of the job. The drawings should bear the approval stamp of the reviewing agency (i.e. County, City, DSA, etc.). Furthermore, a copy of all "Soils Report Approval Letters" issued by the reviewing agency having jurisdiction over the project should be provided to us prior to the start date of the project. At the time this proposal was prepared no detailed construction schedule was available. A more accurate estimate can be prepared when a final construction schedule is available. Furthermore, the estimate is based on quantities and/or scales shown on the plans. The accuracy of the provided estimate can be affected by: • Contractor's and subcontractor's efficiency and sequencing of events. • Unexpected subsurface conditions. • Amount of services required by the jurisdictional agency. • Weather conditions and other unforeseen delays Koury will not be responsible for any delay imposed to the project by unforeseen situation or by responding to reviewing agencies and/or probable lag time within reviewing agencies. Koury will strive to stay within the project's schedule and/or reduce the time of impact on the project. ESTIMATED FEES We propose to provide Construction Inspection & Material Testing in accordance with the attached Master Fee Schedule of Rates and Terms & Conditions. This proposal is not a "Not to Exceed" budget. Our service is based on time and material. Koury will utilize multi-licensed inspectors, whenever possible, to reduce project inspection costs. We will not exceed the estimated budget amount without prior notification. Koury provides monthly budget updates via email and with vour invoice at no extra charge. We submit for your consideration our estimated budget in the amount of $37,218.00. 14-0005 Koury Engineering, Inc. •Chino, CA (909) 606-6111 • www.kouryengineering.com page 2 F-129 Ranchos Palos Verdes Arterial Roads Rehabilitation Project ' 111 SCHEDULING Our services will be performed at the request of your authorized field representative, who will be responsible for coordinating our services within the construction schedule. We request at least 24-hours advance notice prior to the time of our services, in order to meet the project needs. However, we will make every attempt to provide personnel, providing the personnel are available, for last minute requests for an expedited fee. Attached is our Koury Contact Listing, which provides you with our dispatch office hours, specific information required to schedule inspections, and contact telephone numbers. Please provide this listing to your authorized field representative. CLOSURE Our services will be performed in accordance with generally accepted professional engineering principles and practices. We make no other warranties, either expressed or implied. We carry General and Professional Liability Insurance, Worker's Compensation Insurance, and Auto Insurance, as required by law. A sample certificate can be provided at your request. To provide authorization to proceed, please sign the attached Terms and Conditions and, forward a complete copy of this proposal with an original signature to our office prior to our first visit to the site. Please do not hesitate to contact Dean Owens, Business Development Manager at (909) 606-6111 ext. 207, if you should have any questions or require additional information. Regards, Koury Engineering & Testing, Inc. d.-9<_, VP of Sales & Marketing tommyw@kouryengineering.com www.kouryengineering.com Encl: Estimate Budget Breakdown, Master Fee Schedule of Rates, Terms & Conditions 14-0005 Koury Engineering, Inc. •Chino, CA (909) 606-6111 • www.kouryengineering.com page 3 F-130 How to Request an Inspection To request an inspection, please call before 2:00 pm the day prior to the inspection requirement. This will insure we can provide an inspector on the day & time you requested. All dispatch requests must be made through the Chino office only. Dial (909) 606-6111, and choose option 2. Dispatch hours are 7:00 am to 5:00 pm. When calling for an inspection please have the following information available: • Koury Project No. 14-0005 • Project name & address • Project contact name and phone no. • Type of inspection • Inspection day and start time. Estimated duration (hours and/or days) • If pour concrete, grout, mortar, etc ... How many yards? Pour for slab, footings, etc? • Special instructions or req'd tools? Torque test -socket size? Coring -diameter core? Koury Engineering Contact Numbers Contact Phone Number Corporate Office (909) 606-6111 -Tel (909) 606-6555 -Fax Dispatch Department (909) 606-6111 ext 497 (Option 2) 24-Hour Emergency Dispatch (310) 713-4005 -Mobile Material Testing Laboratory Chris Loera, Manager (909) 606-6111 ext 501 Operations Raymond Roblero, Operations Mgr. (909) 606-6111 ext 402 (310) 713-4005 -Mobile Armen Gaprelian PE, GE, Managing Engineer (909) 606-6111 ext 504 QA/QC Chris Loera, Manager (909) 606-6111 ext 501 (310) 713-1222 -Mobile Geotechnical Engineering Jacques B. Roy, PE, GE (909) 606-6111 ext 706 (310) 320-0502 -Mobile Accounts Receivable Blanca Hernandez, AR Supervisor (909) 606-6111 ext 802 Business Development Manager Bridget Sherman (909) 606-6111 ext 205 (909) 664-4421 -Mobile 14-0005 Koury Engineering, Inc. •Chino, CA (909) 606-6111 • www.kouryengineering.com page4 F-131 Palos Verdes Dr. Arterial Road Rehabilitation: Proposal Prepared Using Plans Dated 08/21/2013 Description Qty Unit Rate Amount Geotechnical Monitoring Soils Technician -Construction Observation and Testing Asphalt Compaction Testing 40 Hourly $ 85.00 $ SllurySeal 12 Hourly $ 85.00 $ Aggregate Base Compaction Testing 32 Hourly $ 85.00 $ Curb & Gutter and Flatwork Subgrade Compaction Testing 40 Hourly $ 85.00 $ Utility Trench Backfilling 12 Hourly $ 85.00 $ Grading (Fill & Scarification) 24 Hourly $ 85.00 $ Keystone Retaining Walls 56 Hourly $ 85.00 $ LABORATORY SOILS TESTING Geotechnical Laboratory Testing -Max Density, Sieve Analysis, etc. Estimate $ Slurry Seal Tests (per round of tests) 5 Round $ 1,200.00 $ TOTAL ESTIMATED GEOTECHNICAL MONITORING & TESTING FEES $ Materials Inspection · Concrete -Flatworks (Includes Rebar Inspection) Concrete -Manhole Bases/ Catch Basins (Includes Rebar Inspection) Concrete -Misc, Aprons, Ramps & Epoxy Bolts/Anchor Systems, etc. TOTAL ESTIMATED INSPECTION FEES Laboratory Materials Testing Concrete Cylinder Compression Tests Rebar Bend & Tensile Tests TOTAL ESTIMATED LABORATORY FEES PROJECT COORDINATION Final Material Compliance Report Final Grading Report Senior Geotechnical Engineer Staff Engineer Project Manager -Field Supervisor Utility Trench Compaction Report Admin TOTAL PROJECT COORDINATION FEES 16 32 16 24 6 2 8 8 Task Summary and Total Estimated Fees Geotechnical Inspection Fees Material Inspection Fees Laboratory Testing Fees Project Coordination Hourly $ Hourly $ Hourly $ Sample $ Sample $ Report Report Hourly $ Hourly $ Hourly $ Report Hourly $ 82.00 $ 82.00 $ 82.00 $ $ 25.00 $ 45.00 $ $ Fixed $ Fix $ 130.00 $ 100.00 $ 95.00 $ Fix $ 50.00 $ $ $ $ $ $ $ 14-0005 Koury Engineering, Inc. • Chino, CA (909) 606-6111 • www.kouryengineering.com 3,400.00 1,020.00 2,720.00 3,400.00 1,020.00 2,040.00 4,760.00 750.00 6,000.00 25,110.00 1,312.00 2,624.00 1,312.00 5,248.00 600.00 270.00 870.00 500.00 2,500.00 130.00 200.00 760.00 1,500.00 400.00 5,990.00 25,110.00 5,248.00 870.00 5,990.00 37,218.00 page 5 F-132 CONSTRUCTION MATERIAL MONITORING AND TESTING Inspector -Concrete ................................................................................................................................................ $ Inspector -Concrete Batch Plant ................................................................................................................................. $ Inspector -Concrete Post Tension ............................................................................................................................... $ Inspector -Concrete Pre-stressed at Fabrication Shop ............................................................................................... $ Inspector -Shotcrete ................................................................................................................................................ $ Inspector -Masonry ................................................................................................................................................ $ Inspector -Structural Steel and Welding ...................................................................................................................... $ Inspector -Structural Steel at Fabrication Shop ........................................................................................................... $ Inspector -Fireproofing ................................................................................................................................................ $ Inspector -Med Gas ................................................................................................................................................ $ Inspector -Building Inspector ........................................................................................................................................ $ Inspector -Tagging and Sampling .....................................................................................................•........................... $ Inspector -Glu-Lam Beams/Trusses at Fabrication Shop ............................................................................................ $ Non-Destructive Testing: Ultrasonic, Dye Penetrant, or Magnetic Particle Inspection .................................................. $ Non-Destructive Testing: Dye Penetrant, Developer, Cleaner ...................................................................................... $ Non-Destructive Testing: Magnetic Particle Powder ..................................................................................................... $ Non-Destructive Testing: Couplant. ............................................................................................................................... $ Ground Penetrating Radar -Half Day (Includes Equipment) ....................................................................................... $ Ground Penetrating Radar -Full Day (Includes Equipment) ........................................................................................ $ Utility Locating -Half Day (Includes Equipment) .......................................................................................................... $ Utility Locating -Full Day (Includes Equipment) ........................................................................................................... $ Radiography Technician ............................................................................................................................................... $ Radiography Truck ................................................................................................................................................ $ Radiography Film ................................................................................................................................................ $ Lab Technician -Torque or Schmidt Hammer Test. ....................................................................................................... $ Lab Technician -Pachometer (Includes equipment) ..................................................................................................... $ Lab Technician -Pull-Out Test on Splay Wires, Embedded Bolts/Anchors/Dowels (1 man & includes equipment) .................................................................................................................................... $ Lab Technician -Pull-Out Test on Splay Wires, Embedded Bolts/Anchors and Dowels (2 man & includes equipment) .................................................................................................................................... $ Lab Technician -Concrete or Masonry Coring -Floors (1 man & includes equipment) ................................................ $ Lab Technician -Concrete or Masonry Coring -Vertical and Overhead (2 man &includes equipment) ....................... $ Floor Flatness Testing (Under 10,000 sq/ft) .................................................................................................................. $ Floor Flatness (Over 10,000 sq/ft, Less than 20,000 sq/ft) ........................................................................................... $ Floor Flatness (Over 20,000 sq/ft) ................................................................................................................................ $ GEOTECHNICAL MONITORING LA Deputy Inspector -Grading ...................................................................................................................................... $ Soils Technician -Construction Observation and Testing ............................................................................................. $ Asphalt Technician -Construction Observation and Testing ......................................................................................... $ Technician -Pile Monitoring & Inspection ..................................................................................................................... $ Asphalt Coring (1 man & includes equipment) .............................................................................................................. $ Asphalt Coring (2 man &includes equipment) ............................................................................................................... $ Nuclear Gauge Equipment ............................................................................................................................................ $ LABORATORY TESTING SERVICES ASTM Physical Characteristics SOIL AND AGGREGATE C29 D4829 C117, D1140 C136 D1140, D422 D4318 D2435 D2419, CTM 217 Unit Weight. ............................................................................................................................. $ Expansion Index .................................................................................................................... $ #200Wash .............................................................................................................................. $ Particle-Size Distribution -"Sieve" Analysis (retained on# 200 sieve) ................................... $ Particle-Size Distribution -Sieve Analysis + Hydrometer Combined ...................................... $ Atterberg Limits ....................................................................................................................... $ Consolidation .......................................................................................................................... $ Sand Equivalent Value of Soil and Fine Aggregate (Set ofThree) ......................................... $ 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 82.00 Per Hour 95.00 Per Hour 95.00 Per Hour 15.00 Per Can 20.00 Per6 oz 60.00 Per gallon 900.00 Per% Day 1800.00 Per Day 600.00 Per% Day 1200.00 Per Day 95.00 Per Hour 125.00 Per Shift 0.15 Per Sq/In 82.00 Per Hour 95.00 Per Hour 95.00 Per Hour 135.00 Per Hour 95.00 Per Hour 135.00 Per Hour 600.00 Each 0.06 Sq/Ft 0.05 Sq/Ft 95.00 Per Hour 85.00 Per Hour 85.00 Per Hour 85.00 Per Hour 110.00 Per Hour 135.00 Per Hour 35.00 Per Day 45.00 Each 95.00 Each 50.00 Each 85.00 Each 185.00 Each 110.00 Each 125.00 Each 75.00 Each Set 14-0005 Koury Engineering, Inc. ·Chino, CA (909) 606-6111 • www.kouryengineering.com page6 F-133 C127 Specific Gravity and Absorption (Coarse Aggregate) .............................................................. $ C128 Specific Gravity and Absorption (Fine Aggregate) .................................................................. $ D854 Specific Gravity (Soil) .............................................................................................................. $ D2216 Moisture Content. .................................................................................................................... $ D2216 Moisture Content Quick #200 ................................................................................................. $ D3080 Direct Shear (3 Points) ............................................................................................................ $ D3080 Direct Shear Remolded sample (3 points) .............................................................................. $ D1557-A,B Maximum Density ................................................................................................................... $ D1557-C Maximum Density ................................................................................................................... $ D2844, CTM 301 R-Value (3 Points) ................................................................................................................... $ CTM 229 Durability Index (coarse & fine) ............................................................................................... $ CTM 229 Durability Index (coarse OR fine) ............................................................................................ $ C142 Clay Lumps & Friable Particles ............................................................................................... $ CHEMICAL PROPERTIES CTM 643 CTM 643 CTM 417 CTM 422 CTM 643, 417, 422 ASPHALT CONCRETE C192 D136 D1188 D2726, D6926 D5581 CONCRETE C39 C469 C495 C42 C42 C42 C157 C567 C567 C567 C684 C157 C495 C138 C173 C231 C78 C496 F1869 MASONRY BLOCK C780 C109 C1019 C1314 C1314 C140 C140 C140 C140 C140 C426 C42 C42 C42 Resistivity ................................................................................................................................ $ pH ........................................................................................................................................... $ Sulphate .................................................................................................................................. $ Chloride ................................................................................................................................... $ Corrosivity Series .................................................................................................................... $ Review of Existing Mix Design ................................................................................................ $ Gradation of Extracted Sample ............................................................................................... $ Unit Weight -Molded Specimen or Cores .............................................................................. $ Compacted Maximum Density -MARSHALL. ........................................................................ $ Field Mix -Marshall -Stability Per Point.. ............................................................................. . Concrete Cylinders Compression Test (6" x 12") .................................................................... $ Concrete Cylinder Compression Test with MOE (Modulus of Elasticity) ................................ $ Lightweight Fill Concrete (3" x 6") ........................................................................................... $ Concrete Cores, 6" Max. Diameter, Includes Core Trim ......................................................... $ Shotcrete Cores, 6" Max. Diameter, Including Core Trim ....................................................... $ Gunite Cores, 6" Max. Diameter, Including Core Trim ............................................................ $ Grout Shrinkage (3 Bars -Four Readings, Up to 90 Days) .................................................... $ Unit Weight of Hardened Light Weight Concrete .................................................................... $ Unit Weight of Hardened Light Weight Concrete (Oven Dry) .................................................. $ Equilibrium Density of Hardened Light Weight Concrete ........................................................ $ Rapid Cure Concrete Cylinders (Boil Method) ........................................................................ $ Drying Shrinkage (3 Bars -Four Readings, Up To 90 Days) ................................................. $ Lightweight Fill Concrete Density ............................................................................................ $ Density (Unit Weight) of Concrete ........................................................................................... $ Air Entrainment Test (Volumetric Method) ............................................................................... $ Air Entrainment Test (Pressure Method -Non Lightweight Aggregate) .................................. $ Flexure Test 6" x 6" Beams ..................................................................................................... $ Splitting Tensile 6" x 12" Cylinders .......................................................................................... $ Measuring Moisture Vapor Emission Rate ........................................................................... $ Mortar Cylinders (2" x 4") ........................................................................................................ $ Mortar Cubes (2" x 2") ............................................................................................................. $ Grout Prisms (3" x 6") ............................................................................................................. $ Grouted Prisms Compression (Masonry Assemblage) Test s8" x 8" x 16" ............................. $ Grouted Prisms Compression (Masonry Assemblage) Test >8" x 8" x 16" ............................. $ Moisture Content as Received each ....................................................................................... $ Absorption, 3 Required ........................................................................................................... $ Measurements ........................................................................................................................ $ Compression S8" x 8" x 16", Qty 3 Required .......................................................................... $ Compression >8" x 8" x 16" Qty 3 Required ........................................................................... $ Linear Shrinkage, Qty 3 Required ........................................................................................... $ Masonry Core -Compression ................................................................................................ $ Masonry Core -Shear ............................................................................................................ $ In Laboratory Core Cutting ...................................................................................................... $ 65.00 Each 95.00 Each 95.00 Each 15.00 Each 30.00 Each 200.00 Each 280.00 Each 135.00 Each 145.00 Each 300.00 Each 250.00 Each 150.00 Each 120.00 Each 75.00 Each 50.00 Each 60.00 Each 60.00 Each 185.00 Each 150.00 Each 70.00 Each 45.00 Each 175.00 Each Quote 25.00 Each 500.00 Each 25.00 Each 35.00 Each 35.00 Each 35.00 Each 250.00 Set 35.00 Each 100.00 Each 150.00 Each 40.00 Each 250.00 Set 35.00 Each 30.00 Each 35.00 Each 35.00 Each 85.00 Each 85.00 Each 35.00 Each 25.00 Each 25.00 Each 25.00 Each 95.00 Each 120.00 Each 50.00 Each 40.00 Each 30.00 Each 45.00 Each 55.00 Each 80.00 Each 55.00 Each 75.00 Each 50.00 Each 14-0005 Koury Engineering, Inc. •Chino, CA (909) 606-6111 • www.kouryengineering.com page 7 F-134 BRICK C67 C67 C67 C67 C67 C67 C67 C67 STEEL REINFORCING Compression ........................................................................................................................... $ Modulus of Rupture ................................................................................................................. $ Absorption, Soak ..................................................................................................................... $ Absorption, Boil ....................................................................................................................... $ Absorption, Saturation Coefficient .......................................................................................... $ Initial Rate of Absorption ......................................................................................................... $ Efflorescence .......................................................................................................................... $ Efflorescence with Mortar ....................................................................................................... $ A615/A706 Tensile No. 8 Bar and Smaller ................................................................................................ $ A615/A706 Tensile No. 9 To 11 Bar ........................................................................................................... $ A615/A706 Tensile No. 14 Bar ................................................................................................................... $ A615/A706 Bend Test No. 8 Bar and Smaller ............................................................................................ $ A615/A706 Bend Test No. 9 To 11 Bar ...................................................................................................... $ A615/A706 Bend No.14 Bar ...................................................................................................................... $ A615/A706 Bend I Tensile Test No. 18 ...................................................................................................... $ A615/A706 Chemical Analysis ................................................................................................................... $ A615/A706 Deformation Compliance ........................................................................................................ $ A615/A706 Cut To Size (for testing) ........................................................................................................... $ STEEL COUPLED WELDED REINFORCING A615/A706 A615/A706 A615/A706 A615/A706 STRUCTURAL STEEL A370/F606 A370/F606 A370/F606 A370/F606 A370/F606 E10 E18 A370/F606 A370/F606 A370/F606 A90 A370/F606 PRES TRESS A416 FIREPROOFING UBC 43-8 UBC 43-8 ROOFING UBC 32-12 MIX DESIGN Tensile No. 8 Bar and Smaller ................................................................................................ $ Tensile No. 9 To 11 Bar ........................................................................................................... $ Tensile No. 14 Bar ................................................................................................................... $ Tensile No. 18 Bar ................................................................................................................... $ Bolt Tensile Test ...................................................................................................................... $ Bolt Proof Test. ........................................................................................................................ $ Nut Proof Test ......................................................................................................................... $ Nelson Stud Tensile Test.. ....................................................................................................... $ Metal Deck Tensile Test (formed sheet metal) ........................................................................ $ Brinell Hardness Test .............................................................................................................. $ Rockwell Hardness Test. ......................................................................................................... $ Coupon Tensile Test ................................................................................................................ $ Coupon Bend Test. .................................................................................................................. $ Nut I Bolt I Washer Hardness Test .......................................................................................... $ Metal Deck Coating ................................................................................................................. $ Machining & Preparation of Samples ...................................................................................... $ Prestressed Strand (Yield I Tensile) ........................................................................................ $ Sample Preparation (Grease Removal) .................................................................................. $ Oven Dry Density .................................................................................................................... $ Adhesive/Cohesion Testing ..................................................................................................... $ Tiles (Breaking Strength I Absorption) .................................................................................... $ Mineral Shake -Flexural ........................................................................................................ $ Mineral Shake -Absorption .................................................................................................... $ Tagging, Material Id and Sampling Tiles ................................................................................. $ Final Laboratory Roof/Tile Material Affidavit Report ................................................................ $ C192 Review of Existing Mix Design, Determination of Proportions (3 Bus. Day Result) ................ $ C192 Review of Existing Mix Design, Determination of Proportions (Same Day Result) ................. $ WELD PROCEDURE AND WELDER QUALIFICATIONS Review Existing Welding Procedure Specification (WPS) report .................................................................................. $ Review Welding Procedure Qualification (PQR) report ................................................................................................. $ Observe Welder Qualification (AWS/CWI) .................................................................................................................... $ Weld Tensile Test Plate (1-inch thick or less) ................................................................................................................ $ Weld Bend Test Plate (1-inch thick or less) ................................................................................................................... $ Weld Macro Etch Plate (1-inch thick or less) ................................................................................................................. $ 40.00 50.00 30.00 30.00 40.00 40.00 55.00 65.00 35.00 45.00 70.00 35.00 45.00 70.00 250.00 300.00 55.00 10.00 70.00 80.00 100.00 275.00 55.00 45.00 45.00 115.00 135.00 45.00 45.00 40.00 40.00 45.00 115.00 40.00 125.00 15.00 45.00 45.00 60.00 40.00 30.00 70.00 300.00 150.00 300.00 150.00 150.00 82.00 80.00 55.00 70.00 14-0005 Koury Engineering, Inc. • Chino, CA (909) 606-6111 • www.kouryengineering.com Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Ea.Pc Each Each Each Each Each Each Each Each Each Per Hour Each Each Each Each Each Per Hour Each Each Each page 8 F-135 Weld Tensile Test Rebar #3 through #9 ........................................................................................................................ $ Weld Macro Etch Rebar #3 through #9 ......................................................................................................................... $ Weld Tensile Test Rebar #10 through #14 .................................................................................................................... $ Weld Macro Etch Rebar #1 O through #14 ..................................................................................................................... $ Weld Tensile Test Rebar #18 ......................................................................................................................................... $ Weld Macro Etch Rebar #18 ......................................................................................................................................... $ X-Ray Plate or Rebar in Laboratory (1-inch thick or less) ............................................................................................. $ FIELD EQUIPMENT CHARGE Equipment -Torque Wrench ......................................................................................................................................... $ Equipment -Skidmore Bolt Tension Calibrator .............................................................................................................. $ Equipment -Skidmore Bolt Tension Indicator ............................................................................................................... $ Equipment -Multiplier ................................................................................................................................................ $ Equipment -Schmidt Hammer ..................................................................................................................................... $ Equipment-Dry Film Thickness Gauge ....................................................................................................................... $ Equipment -Non-Shrink Grout Mold 2" Cube .............................................................................................................. $ Equipment -Slab Moisture Test Kit (Per Kit) ................................................................................................................ $ Equipment-Tiie Test Kit (Per Kit) ................................................................................................................................. $ Equipment-Unit Weight Kit: scale, bucket, plate, mallet, rod ...................................................................................... $ Equipment-Air-Entrainment ........................................................................................................................................ $ Equipment-Windsor Probe ......................................................................................................................................... $ Equipment -Floor Flatness Meter ................................................................................................................................ $ Equipment -Truck Charge ........................................................................................................................................... $ LABORATORY HOURS Laboratory hours are 7:00 a.m. through 4:00 p.m., Monday through Friday ................................................................ . Additional charges will be made for off-hours, weekends or holidays as follows: ........................................................ . Off-hour Laboratory Operations per hour ...................................................................................................................... $ Saturday Laboratory Operations per hour ..................................................................................................................... $ Sunday or Holiday Laboratory Operations per hour ...................................................................................................... $ EXCLUDED -SAMPLE PICK-UP CHARGES Concrete, Grout, Mortar Cylinder .................................................................................................................................. $ Masonry, Shotcrete Cores ............................................................................................................................................. $ Lightweight Fill Samples ............................................................................................................................................... $ Shotcrete Field Sample s100 lbs .................................................................................................................................. $ Shotcrete Field Sample >100 lbs. each ........................................................................................................................ $ Prisms Masonry Sample s100 lbs. each ....................................................................................................................... $ Prisms Masonry Sample >100 lbs. each ....................................................................................................................... $ Concrete Masonry Unit Sample .................................................................................................................................. $ Grout Shrinkage Bars ................................................................................................................................................ $ Drying Shrinkage Samples ........................................................................................................................................... $ Block or Brick Samples ............................................................................................................................................... $ Rebar and Prestressed Strand ...................................................................................................................................... $ WPS and PQR Specimen Samples ............................................................................................................................. $ Roofing Material Samples ............................................................................................................................................. $ Fireproofing Samples ................................................................................................................................................ $ Bolt, Washer & Nut Unit Samples ................................................................................................................................. $ Nelson Stud Samples ................................................................................................................................................ $ Pick Up Sample Trip Charge (2 hour minimum) ............................................................................................................ $ After Hours Sample Pick Up Surcharge (including Holidays) ....................................................................................... $ ADMINISTRATIVE SERVICES Administrative Office Support Faxed ............................................................................................................................. $ Project Task Analysis & Tracking ................................................................................................................................... $ Report Faxed, Copied or Sent by US Mail .................................................................................................................... $ File Retrieval from Archive ............................................................................................................................................ $ Express I Delivered ................................................................................................................................................ $ MISCELLANEOUS SUPPORT FEES Test Rush Tracking ............................................................................................................................................... . Subsistence Pay ............................................................................................................................................... . Travel Cost (Out of town work) .................................................................................................................................... . Sample Disposal ............................................................................................................................................... . Parking ............................................................................................................................................... . 90.00 Each 70.00 Each 125.00 Each 110.00 Each 275.00 Each 180.00 Each 150.00 Each 65.00 Per Day 150.00 Per Day 65.00 Per Day 15.00 Per Day 40.00 Per Day 40.00 Per Day 25.00 Per Day 35.00 Per Day 35.00 Per Day 20.00 Per Day 20.00 Per Day 15.00 Per Day 200.00 Per Day 55.00 Per Day 500.00 Per Hour 500.00 Per Hour 750.00 Per Hour 7.00 Per Unit 7.00 Per Unit 7.00 Per Unit 60.00 Per Unit 100.00 Per Unit 60.00 Per Unit 100.00 Per Unit 7.00 Per Unit 10.00 Per Unit 20.00 Per Unit 7.00 Per Unit 7.00 Per Unit 15.00 Per Unit 7.00 Per Unit 7.00 Per Unit 7.00 Per Unit 7.00 Per Unit 50.00 Per Hour 20.00 Per Unit 50.00 Per Hour 65.00 Per Hour 1.50 Per Sheet 40.00 Per File Cost Plus 20% Cost Plus 15% Quote Cost Plus 20% Quote Cost Plus 20% 14-0005 Koury Engineering, Inc. •Chino, CA (909) 606-6111 • www.kouryengineering.com page 9 F-136 ENGINEERING AND PROFESSIONAL SERVICES Senior Engineer/ Senior Geologist ................................................................................................................................ $ Staff Engineer/Geologist ............................................................................................................................................... $ Project Manager I Field Supervisor ............................................................................................................................... $ Administration ................................................................................................................................................ $ Drafter ................................................................................................................................................ $ Test Technicians Lab -Materials .................................................................................................................................. $ Test Technicians away from Lab (regular time per hour) ............................................................................................... $ Technician Report for Special Services I Off Site Testing ............................................................................................. $ Certified Payroll Process per Project Invoice ................................................................................................................ $ Court Appearance (4-Hour Minimum) ........................................................................................................................... $ Preparation for Court, Consultation (in our Office) ........................................................................................................ $ Preparation for Court, Consultation (Out of our Office, 4-Hour Minimum) .................................................................... $ Expert Witness Testimony (Corporate Officers and Engineers) .................................................................................. . Deposition (portal to Portal, 4-Hour Minimum) .............................................................................................................. $ *REPORTS Final Materials Compliance Report ............................................................................................................................... $ Final Laboratory Verified Report (LVR) DSA-291 (Required for DSA Projects) ............................................................ $ Final Special Inspection Verified Report (SIVR) DSA-292 (Required for DSA Projects) ............................................... $ Final Laboratory Roofmle Material Affidavit Report ...................................................................................................... $ Final Radiography Summary Report ............................................................................................................................. $ Final GPR Summary Report ....•.................................................................................................................................... $ Final Pachometer Summary Report .............................................................................................................................. $ Final Materials Testing Summary Report ...................................................................................................................... $ Final lnsitu Bolt Tensile Report ...................................................................................................................................... $ Final lnsitu Ceiling Wire Report ..................................................................................................................................... $ Interim Report from Engineer ........................................................................................................................................ $ Final Grading I Compaction Report (Comprehensive) .................................................................................................. $ Final Geotechnical Verified Report (GVR) DSA-293 (Required for DSA Projects) ....................................................... $ Pad Certificate Report ................................................................................................................................................ $ Utility Trench Compaction Report ................................................................................................................................. $ Wall Backfill Report ................................................................................................................................................ $ Monthly Interim In-Grading Report ................................................................................................................................ $ Pile/Shoring Monitoring Report ..................................................................................................................................... $ Plan Review (Grading/ Foundation) .............................................................................................................................. $ 130.00 Per Hour 100.00 Per Hour 95.00 Per Hour 45.00 Per Hour 60.00 Per Hour 65.00 Per Hour 75.00 Per Hour 200.00 Each 75.00 Per Week 350.00 Per Hour 250.00 Per Hour 250.00 Per Hour Quotation 275.00 Per Hour 500.00 Each 500.00 Each 100.00 Each 300.00 Each 200.00 Each 200.00 Each 200.00 Each 200.00 Each 200.00 Each 200.00 Each 500.00 Each 2,500.00 **Each 1,000.00 **Each 1,500.00 **Each 2,500.00 **Each 1,500.00 **Each 1,000.00 **Each 2,000.00 **Each 1,000.00 **Each *The Fees indicated are the reports values and include senior engineer timing needed to review and stamp the report. Engineering staff and drafter times to prepare the reports are not included in the fees and will be billed separately and upon project's progress. **Each report includes a set of 3 stamped volumes. Any extra duplication will cost $150.00. The above indicated report fees are applicable unless quoted otherwise in project's specific proposal and contract. 14-0005 Koury Engineering, Inc. • Chino, CA (909) 606-6111 • www.kouryengineering.com page 10 F-137 Charges For Service and Contract Terms Prevailing Wage Projects The charges for services and General Terms and Conditions set forth below will govern the provision of services and will constitute the contract terms between the Owner or Owner's Representative (Client) and Koury Engineering and Testing, Inc (KET) unless the Client and KET have executed a written contract with respect to such services, in which case the terms and provisions of the written contract shall control. 1. 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. 2. 2.1. 2.2. 2.3. 2.4. 3. 3.1. 3.2. 3.3. 3.4. 3.5. 4. 4.1. 4.2. 5. 5.1. 5.2. 5.3. 5.4. 5.5. 6. 6.1. 6.2. 14-0005 Anticipated Costs KET estimates a budget to assist the client with code required inspections and testing based upon information provided by the client. KET's ability to perform within the estimated budget depends heavily on the accuracy of the information provided, as well as the coopera- tion and assertiveness of client's management staff. Project actual budget totals may vary. Estimated budget hours are based on 40 hours a week, 8 hours a day, Monday-Friday. Client shall monitor the percentage of work remaining to assure inspections and testing is not greater than the estimated budget and adjusts the contractor's labor and scheduling to maintain the work completion schedule. A call scheduling inspection and testing beyond KET's estimated budget is deemed acceptance that Client will pay for additional services beyond KET's estimated budget. Client recognizes and agrees that any "anticipated costs," "budget estimates," or the like that may be prepared by KET are NOT "guaranteed maximums," "lump sums;" or "not-to-exceed totals". Client will be invoiced for all work performed and only for work performed based on KET's working conditions and hours as an attachment to their contract. Client"recognizes, if shop steel fabrication service is required, KET's estimate of hours, unless otherwise noted, is for one steel fabrica- tion facility only. Additionally, any weekly overtime hours, Saturday or Sunday, double shift, and/or night shift differential for shop steel inspection are NOT included in KET's proposal. Minimum Charges 2-hour minimum: Inspector shows up; no work requested or performed. 4-hour minimum: 1 to 4 hours. 8-hour minimum: Work over 4 hours. NOTE: Less than 24 hour call-out notice may necessitate premium charges. Working Hours Regular Time: First 8 hours, Monday-Friday Time and One-Half Hours: Hours over 8-12 Monday-Friday, and first 12 Hours on Saturday; Double Time: All hours worked after 12, Monday-Saturday, Sunday, and Holidays. KET observes the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. Overtime hours shall be billed in one hour increments. One half (.5) hour of overtime is billed as one (1) hour of overtime. NOTE: Day shift hours are between 5:00am and 5:00pm. Shift Differential Second (Swing Shift)-Eight (8) hours will be charged for 7.5 hours worked. Time worked in excess of 7.5 hours will be billed at time and one-half rate. Third (Graveyard Shift)-Eight (8) hours will be charged for 7 hours worked. Time worked in excess of 7 hours will be billed at time and one-half times the hourly rate. Travel Time and Mileage Travel time costs for soil monitoring and soil technicians will be invoiced at regular contracted billing rate. Mileage costs for soil monitoring and soil technicians will be invoiced at $0.75 per mile. Portal-to-Portal travel time and mileage costs will apply for Engineers, Site Supervisors, and Consultants at the contracted billing rate, mileage will be invoiced at $0.75 per mile. Portal-to-Portal is recognized as KET's office to work site and return. EXCLUDED -Projects vvi!llin a 59 mile radit1s. Travel time costs for material inspeelorsftecllnicians vvill be invoiced at regt1lar contl'f!eled billing rate. For projects within a 100 mile radius: mileage costs for material inspectors/technicians will be invoiced at $0.75 per mile after the first 50 miles. For projects in excess of 100 miles from a KET office, travel time and milage will be charged in addition to hours worked from KET's closest office. Scheduling and Cancellations A 24-hour notice is required when scheduling an inspection or technician. If same day scheduling or scheduling after 2:00pm the preceding day is requested, a premium expedite fee of $75 per inspector or technician will apply. If inspection service is not canceled with KET's dispatch department by 2:00pm for the next day for ICC, LA City or LA County jurisdic- tions, a premium cancellation fee will apply at the rate of $75 per inspector or technician. Koury Engineering, Inc. ·Chino, CA (909) 606-6111 • www.kouryengineering.com page 11 F-138 7. Expedite Fee 7.1. All expedited and rush requests for, lab work, test results, report reviews, etc. will be charged an expedite fee at 1.5 times the Master Fee Schedule of Rates. 8. Escalation Clause 9. 10. 11. 12. 8.1. The prices quoted below for all services will change July 1st each year in accordance with the wage listed by the Director of Industrial Relations which is tied to Operating Engineers Local 12. The charges for services set forth in this Schedule of Fees will be adjusted by changes in our general administrative and overhead expenses each year thereafter. These adjusted charges shall become the agreed upon basis for charges by Koury to the Client. 9.1. 10.1. 10.2. 10.3. 10.4. 11.1. 11.2. 11.3. 11.4. 11.5. Certified Payroll Certified payroll requests will have a processing fee applied for each project, billed at $75 per payroll week. Laboratory Testing EXCLUDED -lflspeetiefl t1flil fates de fie! iflelt1de malefial sample labefatery tesliflg & sample piel< t1p etlaFges. A matefial sample piel< t1p etlaFge Yllill appl~ ef $7 per sample afld 2 tlet1f miflimt1m piel< t1p etlafge 81 ltle rate ef $50 pef tlet1f. A soils sample pick-up charge will be invoiced at regular billing rate with a 2-hour minimum. Unless otherwise agreed, all samples or test specimens will be disposed of or destroyed upon completion of testing. If Client requires sample~ to be retrieved or stored, arrangements can be made at an additional cost. Quotation will be provided for such services. Samples requiring more than one person to handle due to oversize or weight, will incur an extra handling charge. Quotation will be provided for such services. Reimbursable Expenses Outside Services performed by others and direct costs incurred on the Client's behalf, will be charged at cost plus 15%. Project exclusive equipment or material will be invoiced at cost plus 15%. Business licenses or inspection jurisdiction fees for project specific requirements will be invoiced at cost plus 15%. lffree parking is not available, parking charges will be charged to the Client at cost plus 15%. Incidentals, including airfare, car rental, food, lodging, and parking, will be charged at cost plus 15% for out of area inspections unless provided by Client. Terms of Payment 12.1. Client agrees invoices rendered for professional or technical services will be prepared bi-weekly and are due upon presentation. 12.2. All invoice errors or necessary corrections shall be submitted to KET within Fifteen (15) days of receipt of invoice; thereafter customer acknowledges invoice is correct and valid for payment due to KET. 12.3. Invoices will be deemed delinquent if not paid within thirty (30) days from date of invoice, and will be subject to a late payment charge of 1.5% of the invoice total for each month unpaid. 12.4. In the event, an attorney is needed for collection, Client is responsible for reimbursing attorney's fees and or court costs. 12.5. KET reserves the right to terminate services to a client without notice if client's account is past due more than thirty (30) days. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable to KET. Client waives any and all claims against KET, its subsidiaries, affiliates, servants, and agents in connection with termination of work/services pursuant to this agreement. 13. Insurance 13.1. KET carries all insurance required by law. Additional costs for waiver of subrogation, extra insurance certificates, coinsurance endorse- ments or additional insurance will be invoiced to the client at $150 each. 14. Final Reports 14.1. When final report is required, KET must first review all inspection and material testing reports; KET will address and clear up any unresolved issues on these reports, typically with the Architect or Engineer of Record. 14.2. Depending on the project complexity and length of KET services performed, this process can require a minimum of ten (10) business days for completion. If there are exceptions, the final report review can require an extended length of time to complete. 14.3. Report fee is as negotiated per contract. An additional charge will incur for every report processed per permit number associated with the project. Engineer will be billed at $130 per hour. 14.4. Client is required to send KET written request for all final project reports via fax, email, or US mail. 14.5. Final reports are as stated, but not limited to: Final Material Compliance Report and Final Grading I Compaction Report. 14.6. KET will release final report to client once account, including cost of final report, is paid in full. 15. Service Authorization 15.1. Verbal request will be considered authorization to perform billable work. Client shall designate member(s) of staff who have authority to request services and notify KET in writing to their authorized representative. Otherwise all service requests are billable 16. Proposal Valid Duration 16.1. Proposed Master Fee Schedule of Rates, Terms & Conditions and General Conditions stated within are valid for 30 days from proposal date. 14-0005 Koury Engineering, Inc. ·Chino, CA (909) 606-6111 • www.kouryengineering.com page 12 F-139 General Conditions 1. Indemnification In the event of any claim against KET by any party other than Client, Client agrees to hold KET, including its shareholders, officers, directors, employees, agents, and representatives, free and harmless of any from, and to indemnify and defend KET against, any and all liability, claims, causes of action, demands, judgments, losses, damages, expenses, or cost (including, but not limited to, all costs and fees of litigation) of every kind, nature and description, including but not limited to, any and all demands arising by reason of injury or death to person or damage to property, real or personal, including loss of use thereof, economic loss or loss damages otherwise arising directly or indirectly out of the obligations herein undertaken, or out of operations conducted by client, however caused or alleged to have been caused, even if due to acts, errors, omissions or negligence, active, affirmative or passive of KET, except for such losses or damages arising out of or caused by the sole negligence or willful misconduct of KET. 2. Limitation of Liability Client and KET agree to limit the liability, including but not limited to, for consequential damages, of KET, including its shareholders, officers, directors, employees, agents and representatives for any acts, errors, omissions, breaches of contract, or negligence, active, affirmative, passive, concurrent or sole, on the part of KET, arising directly or indirectly from the performance of the professional services under this agreement, to Client to $10,000 or an amount equal to KET's fee, whichever is greater. Client agrees and understands that, in order to provide the professional services requested at the agreed upon fees, this agreement does not provide full liability of KET losses or damages which may arise directly or indirectly under this agreement. Client further understands that should Client require KET to accept exposure to greater liability under this agreement, Client has the opportunity to negotiate in advance a higher limitation of liability, or to eliminate entirely such limit of liability, but that the higher fees commensurate with this higher risk of liability to KET shall be subject to agreement. Client agrees that this provision limiting KET's liability cannot be modified, altered, or varied except by written instrument signed by Client and KET. Client understands and agrees that KET is not an insurer; that this agreement does not provide Client with insurance coverage by KET or anyone acting on its behalf; that all fees hereunder are based solely on the value of the professional services to be provided by KET; that insurance, if any, shall be obtained by Client at Client's sole expense 3. Warranty of Authority to Sign The person signing this contract warrants that he/she has the authority to sign on behalf of the client for whose benefit Consultant's services are rendered. If such person does not have such authority, he/she is personally liable for all breaches of this contract and that, in any action against him/her of such warranty, a reasonable attorney's fee shall be included in judgment rendered. 4. Dominant Terms The terms and conditions of this Agreement shall take precedents over any terms and conditions which may appear in Client's purchase order, approval or acceptance. Any terms and conditions of Client's purchase order, approval or acceptance which are not identical to the terms and conditions of this Agreement are null and void, are not part of the agreement between KET and Client and are not binding upon KET. The terms and conditions of this agreement may not be varied or changed, nor any of its provisions waived, except by written agreement, signed by an authorized representative of KET. If Client's terms are different, a statement of worth will be provided with updated terms and conditions. 14-0005 Koury Engineering, Inc. •Chino, CA (909) 606-6111 • www.kouryengineering.com page 13 F-140 Ranchos Palos Verdes Arterial Roads Rehabilitation Project ' I I I The Master Fee Schedule of Rates, Terms & Conditions and General Conditions set forth will be governed by State of California laws, provision of services and will constitute as contract agreement between Client and Koury Engineering & Testing, Inc. (KET) unless the Client and KET have executed a written contract with respect to such services, in which case the written contract shall control. Client's Signature Title Date 14-0005 Koury Engineering, Inc.• Chino, CA Koury Representative Signature Title Date l<OURY ENGINEERING & TESTING, INC. Branch Office Corporate Office 14280 Euclid Ave Chino, CA 91710 7975 Raytheon Rd Ste. 270 San Diego, CA 92111 Branch Office 17800 S. Main St. Ste. 302 Gardena, CA 90248 (909) 606-6111 • www.kouryengineering.com page 14 F-141 F-142 9-4-13 Melissa Murphy Associate Engineer, Public Works Department City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275-5391 Subject: Arborist Services Dear Melissa, Thank you for contacting me regarding arborist services for the Arterial Roads Rehabilitation Project along Palos Verdes Drive East. I reviewed the project documents and then visited the project locations on PV Drive East. These are some, but not all, of the services I will be able to provide: • Site visits to make tree evaluations and to recommend measures to prevent damage to trees when there are conflicts between trees and road construction work. I understand from experience that during the project, sometimes tree inspections and recommendations need to be done with a sense of urgency to avoid delaying the work crews. For this reason, I will make myself available to meet the City representative and/or contactor during regular working hours to inspect trees. Normally, I can be at the job site within an hour or two after receiving the tree inspection request. For the urgent inspections, the best way to contact me is by cell phone 310-480-5704 or by text message 310-480-5704. Otherwise, requests for tree inspections can be emailed to customerservice@gsbrothers.com. Generally, the routine tree inspections and reports will be completed in a few working days after I receive the tree inspection assignment from you or other city representative. • Tree reports will include the following: o Google Map indicating the location and coordinates of subject trees. o Photos of subject trees o Description of trees and their attributes o Description of the tree issue o Recommendations for treatments, mitigation, or removals • Please reference the attached sample report. F-143 Arborist Service for City of RPV Arborist services will be performed according to the hourly rates indicated below. Because my office is close to the job site, there will be no charge for travel time. The hourly rates for our services are as follows: On site tree assessment and meetings by the Arborist Field work by the Assistant Arborist Report preparation by the Arborist Clerical staff to assist in the preparation of report Other expenses (subject to client approval) Please contact us if you have any questions. Respectfully Submitted, Mr. Steve Rogers Registered Consulting Arborist #501 Certified Arborist #WE-7881 A California Landscape Pest Control license #1046 asoa AMERICAN SOCIETY of CONSULTING ARBORISTS $75 per hour $45 per hour $75per hour $40 per hour Cost plus 20% F-144 ROLLING HILLS PLAZA 1-12-14 ROLLING HILLS PLAZA TREE BRANCH FAILURE REPORT SUBMITTED TO PROPERTY MANAGER BY STEVE ROGERS REGISTERED CONSULTING ARBORIST #501 CERTIFIED ARBORST WE-7881A Page 1of3 as on AMl\ltl<:A!ll hOt:ll:l"Y of (;O:SM.IL"J'l:SL AlillOfUSU 01/14/2014 08:18:48 F-145 TREE ASSESSMENT FOR ROLLING HILLS PLAZA: <:>'-~ *"""'O 3 data ©2014'6 berclt ROLLING HILLS PLAZA Page 2 of 3 01/14/2014 08:18:48 F-146 ROLLING HILLS PLAZA Subject tree is located in front of 2543 Pacific Coast Hwy. 2013, a branch failed and struck a car. No persons present or harmed when the branch failed. The subject tree was trimming in July 2013, approx. one month prior to the incident. Page3of3 01/14/2014 08:18:48 F-147 ' } ~·~ ANDERSON· PENNA •PARTNERS IN PROJECT DELIVERY• AndersonPenna Partners, Inc. July 1, 2013 -June 30, 2014 Standard Billing Rate Schedule Engineering Services Staff Hourly Rate 1 Principal $180 Project Manager $160 Quality Assurance Manager $150 Senior Engineer $140 Project Engineer $130 Traffic Engineer $125 Associate Engineer $115 CAO Drafter $110 Engineering Aid $85 Administration $75 Funding Services Staff Hourly Rate 1 Project Manager $135 Assessment Engineer $135 Analyst $125 Administration $75 Construction Services Regular Time Staff Rate1 Mon-Frl2 Principal $160-$195 n.a. Construction Manager $145 -$160 n.a. Resident Engineer $165 -$185 n.a. Structures Representative $155 -$185 n.a. Construction Supervisor $135 -$160 n.a. Office Engineer $85-$135 n.a. Labor Compliance $90-$110 n.a. Document Control $85 -$110 n.a. Public Works Technician $95 -$115 $143 -$173 Administration $85 -$110 $127-$165 Public Works Inspector (Prevailing Wage) $103 -$110 $154.50 -$165 Public Works Inspector (Non Prevailing Wage) $92 -$105 $138-$158 Building Inspector (Non Prevailing Wage) $85 -$110 $127-$165 Municipal Services Staff Principal Program Manager Project Manager City Engineer Plan Check Engineer Planner Public Works Technician* Code Enforcement Consultant Code Enforcement Officer Permit Technician Railroad Safety Services Staff Principal Structural/Track Engineer Engineering Technician Inspector Overtime Saturday3 n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. $143 -$173 $127-$165 $154.50 -$165 $138-$158 $127 -$165 Hourly Rate 1 $180 $150 $145 $135 $85-$135 $95-$110 $110 $125 $60 -$75 $65 Hourly Rate 1 $175 $135 $135 $85 $65 -$75 Sunday/Holiday n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. $171-$207 $153 -$198 $185.4-198 $167 -189 $153-$198 1 The above hourly rates include wages, fringe and general & administrative overhead and fee, as well as typical supplies, tools and equipment required to perform services. A 4 hour minimum callout applies. 2 Rate applies to the first four hours of overtime during the week; all overtime in excess of four hours is paid at the Sunday/Holiday rate. 3 Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate. 20280 ACACIA STREET, SUITE I 00 • NEWPORT BEACH, CA 92660 PHN 949 428 I 500 • FAX 949 258 5053 WWW.ANDPEN .COM CERTIFIED UDBE F-148 Standard Billing Rates -Page 2 ~"""' ANDERSON· PENNA Other Direct Costs: Reimbursement of identifiable non-salary costs that are directly attributable to the project such as oversized and/or color reproduction costs, site facility hard phone line and/or internet service charges, non-commuter project miles and/or other travel expenses to remote fabrication yards I batch plants, overnight postage I couriers, etc., are billed at actual cost plus 5 percent to cover overhead and administration. Travel charges to a casting/ fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Non-commuting mileage required for travel on the project and to and from locations other than the project site are billed at the allowable IRS mileage reimbursement rate (currently $0.565 per mile). Fees for expert witness services: Charged at $300.00 per hour with a 4-hour minimum per day. Fees for subconsultant services: Billed at actual cost plus 10 percent to cover overhead and administration. Payment Terms: A late payment finance charge at a rate of 12 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule is effective through December 31, 2013. Should the Contract duration be extended beyond December, 2013, rates will be subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business, as mutually agreeable to the parties and approved via Contract amendment prior to implementing higher rates. Exclusions to Scope & Fee: The following items are specifically excluded: • Legal advice · • Specialized Software (other than MS Office Suite) & MS Project • Additional services not specifically called for in the proposal F-149 Exhibit "C": TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. AndersonPenna Partners, Inc. ("Consultant") acknowledges that the Abalone Cove Shoreline Park Improvement Project, as further defined in this professional services agreement ("Agreement") between Consultant and the City of Rancho Palos Verdes ("City"), to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1 "), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Consultant shall perform all work on the project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in 1 (a) and 1 (b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 5. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. Exhibit "C" R6876-0001\ 1687356v3.doc F-150 7. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant 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 undertake 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." 9. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive termination of the Agreement. Exhibit "C" R6876-0001\ 1687356v3.doc Agreement for Professional/Technical Services F-151 CITY OF RANCHO PALOS VERDES PROFESSIONAL/TECHNICAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 18th day of February, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and GS Brothers, Inc. (hereafter referred to as "CONSUL TANT"). 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: Arterial Roads Rehabilitation Project - Palos Verdes Drive East from Vista Del Mar to the City's Northerly Limit. 1 .2 Description of Services CONSUL TANT shall provide consulting arborists services, as described in the CITY's Request For Proposals, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and in CONSUL TANT's Proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. In the event of any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSUL TANT's control or without CONSULT ANT's fault. 2.1 Fee ARTICLE 2 COMPENSATION CITY agrees to compensate CONSULT ANT an amount not to exceed Four Thousand dollars ($4,000) for services as described in Article 1. Page 1 of 15 R6876-0001\1687390v2.doc Public Works Agreement F-152 2.2 Terms of Compensation CONSUL TANT 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 CONSULT ANT 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 CONSUL TANT 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 CONSUL TANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSUL TANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSUL TANT without liability to CONSULT ANT upon ten (10) working days advance written notice. 2.3 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. CONSUL TANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSUL TANT's Schedule of Hourly Rates, which is within Exhibit "B." The schedule of hourly rates shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on February 19, 2014 and shall terminate on February 19, 2015 unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification To the maximum extent permitted by law, CONSULTANT shall defend, indemnify, and hold the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers (collectively "lndemnitees") 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 CONSUL TANT, 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 lndemnitees. With respect to any and all such Claims, Page 2of15 R6876-0001\ 1687390v2.doc F-153 CONSULT ANT shall defend lndemnitees at CONSUL TANT's own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against lndemnitees. CONSUL TANT shall reimburse lndemnitees 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 lndemnitees. All duties of CONSUL TANT under this Section shall survive termination of this Agreement. 3.2 General Liability CONSUL TANT 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 CONSULT ANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:Vll or better. 3.3 Professional Liability CONSUL TANT 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 CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in Best's Insurance Guide with a rating of A:Vll or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSUL TANT 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. Said policy or policies shall be issued by an insurer admitted or Page 3of15 R6876-0001\1687390v2.doc F-154 authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:Vll or better. 3.5 Worker's Compensation CONSUL TANT 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. CONSUL TANT 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 n9tice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSUL TANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSUL TANT agrees that it will not cancel or reduce any required insurance coverage. CONSUL TANT 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 CONSUL TANT's expense, the premium thereon. 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSUL TANT 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 The insurance provided by CONSULT ANT 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 CONSUL TANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.16. Page 4of15 R6876-0001\1687390v2.doc F-155 (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, CONSULT ANT shall be paid compensation for all services performed by CONSUL TANT, 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, CONSULT ANT 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 CONSULT ANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5. ~ 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 CONSULT ANT 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. CONSUL TANT 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. CONSUL TANT 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. CONSUL TANT 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. CONSUL TANT 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 Page 5of15 R6876-0001\1687390v2.doc F-156 hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSUL TANT, 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 CONSUL TANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSUL TANT prepares a document on a computer, CONSUL TANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. 6.1 Representation ARTICLE 6 GENERAL PROVISIONS The CITY representative shall be the Director of Public Works or his or her designee, and CONSUL TANT shall notify CITY of CONSULT ANT'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, CONSUL TANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 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. 6.4 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSUL TANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed Page 6of15 R6876-0001\ 1687390v2.doc F-157 as a Civil Engineer by the State of California and in good standing. CONSUL TANT shall make reasonable efforts to maintain the continuity of CONSUL TANT'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. CONSUL TANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall CONSUL TANT be responsible for its associates or subconsultants' services. 6.5 Prevailing Wages CITY and CONSULT ANT acknowledge that this project is a public work to which prevailing wages apply. The Terms for Compliance with California Labor Law Requirements is attached hereto as Exhibit "C" and incorporated herein by this reference. 6.6 CONSUL TANT'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 CONSUL TANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSUL TANT 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. 7 Conflicts of Interest CONSULT ANT 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 CONSUL TANT "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 CONSUL TANT has been retained pursuant to this Agreement. 6.8 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, Page 7 of 15 R6876-0001\ 1687390v2.doc F-158 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 CONSUL TANT require the testimony of CONSUL TANT when there is no allegation that CONSULT ANT was negligent, CITY shall compensate CONSUL TANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.9 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULT ANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSUL TANT 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, CONSUL TANT 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. CONSULT ANT's use of subconsultants for additional services shall not be unreasonably restricted by the CITY provided CONSUL TANT notifies the CITY in advance. 6.10 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 CONSUL TANT or any of the CONSULT ANT's employees, except as herein set forth, and CONSUL TANT 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 CONSUL TANT wishes except as expressly provided in this Agreement. CONSULT ANT 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. CONSUL TANT 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. CONSUL TANT agrees to pay all required taxes on amounts paid to CONSUL TANT 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. CONSULT ANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSUL TANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULT ANT under this Agreement any amount due to the CITY Page 8of15 R6876-0001\ 1687390v2.doc F-159 from CONSUL TANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.11 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.12 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSUL TANT 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. 6.13 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. 6.14 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 CONSUL TANT 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 CONSUL TANT, 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. 6.15 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. 6.16 Notice Except as otherwise required by law, any notice, payment 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 CONSUL TANT'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: Page 9of15 R6876-0001\1687390v2.doc F-160 To CITY: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Steve Rogers 2215 North Gaffey Street San Pedro, CA 90731 [Signatures on next page.] Page 10of15 R6876-0001\1687390v2.doc F-161 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: GS BROTHERS, INC. ("CONSUL TANT") By: Printed Name: Title: By: Printed Name: Title: Dated: CITY OF RANCHO PALOS VERDES ("CITY") By: Mayor ATTEST APPROVED AS TO FORM By: By: Page 11of15 R6876-0001\1687390v2.doc F-162 Exhibit "A": City's Request For Proposals Exhibit "A" R6876-0001\1687390v2.doc F-163 Nicole Jules From: Sent: To: Cc: Subject: Good afternoon Steve, Melissa Murphy Monday, January 13, 2014 5:22 PM 'customerservice@gsbrothers.com' Nicole Jules; Steve Rogers (Steve@gsbrothers.com) Certified Arborist Services Proposal for Palos Verdes Drive East Arterial Roadway Rehab Project Hopefully you have received the plans and specs for the City of RPV's Palos Verdes Drive East Arterial Roadway Rehab Project that I mailed to you last week, and you have begun to familiarize yourself with the project in order to prepare a proposal for providing certified arborist services for the project. I just wanted to let you know that I will be out of the office from Friday, January 17th through Friday, January 315\ so please send your proposal to Nicole Jules, Senior Engineer, here at the Public Works Department. Her email address is nicolei@rpv.com, and she can also be reached at 310-544-5252, should you have any questions. Thank you, Melissa Murphy Associate Engineer City of Rancho Palos Verdes Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 melissam@rpv.com 310.544.5256 1 F-164 Exhibit "B": Consultant's Proposal, including Schedule of Hourly Rates Exhibit "B" R6876-0001\ 1687390v2.doc F-165 1-20-14 Melissa Murphy Associate Engineer, Public Works Department City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275-5391 Subject: Proposal for Consulting Arborist Services Dear Melissa, Thank you for contacting me regarding arborist services for the Arterial Roads Rehabilitation Project along Palos Verdes Drive East. I reviewed the project documents and then visited the project locations on PV Drive East. Reference is made to Contract Documents for project No. 002912 dated December 2013, and plans, pages 1-36 dated 8-21-13 These are the services to be performed, but not limited to, pending approval from the representative of the RPV Public Works Department. 1. Locate, verify, and assess trees to be protected as indicated on the plans. • If requested by the City representative, the trees to remain in place will be clearly marked with green Protect Tree signs. The signs will be posted in plastic sleeves with transparent packaging tape for a secure, weather-resistant installation that is not harmful to the tree. • Delineate root protection zones (RPZ) if requested. • Visual assessment of protected trees to be documented and will include locations, attributes, photos of trees, and any other pertinent information. 2. When large roots are encountered from trees which are to remain in place, arborist site inspections will be done without delay, normally within an hour or two, to determine how best to proceed to minimize damage to the existing adjacent landscaping. 3. As requested, identify trees to be trimmed as necessary to provide adequate vehicular clearance 4. As requested, make site visits to meet with the City representative during regular working hours to inspect trees which are in conflict with the road work. • For the urgent inspections, please contact me by cell phone 310-480-5704 or by text message 310-480-5704. Otherwise, requests for tree inspections can be emailed to customerservice@gsbrothers.com. Generally, the routine tree inspections and reports will be completed in a few working days after I receive the tree inspection assignment from the City representative. F-166 Arborist Service for City of RPV 1. Tree reports will include the following: • Google Map indicating the location and coordinates of subject trees. • Photos of subject trees • Description of trees and their attributes • Description of the tree issue • Recommendations for treatments, mitigation, or removals Fees: Services will be performed according to the hourly rates indicated, and not to exceed: Four Thousand, $4,000 Note: Additional assignments from the City of Rancho Palos Verdes for arborist services will be billed at the rates listed, subject to prior approval from the City. On site tree assessment and meetings by the Arborist Field work by the Assistant Arborist Report preparation by the Arborist Clerical staff to assist in the preparation of report Other expenses (subject to client approval) Please contact us if you have any questions. Respectfully Submitted, Mr. Steve Rogers Registered Consulting Arborist #501 Certified Arborist #WE-788 lA California Landscape Pest Control license # 1046 as on AMERICAN SOCIETY o/ CONSULTING ARBORISTS $75 per hour $45 per hour $75per hour $40perhour Cost plus 20% F-167 Exhibit "C": TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. GS Brothers, Inc. ("Consultant") acknowledges that the Abalone Cove Shoreline Park Improvement Project, as further defined in this professional services agreement ("Agreement") between Consultant and the City of Rancho Palos Verdes ("City"), to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1 "), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Consultant shall perform all work on the project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. · 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 5. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. Exhibit "C" R6876-0001\1687390v2.doc F-168 7. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant 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 undertake 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." 9. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive termination of the Agreement. Page 15of15 R6876-0001\ 1687390v2.doc F-169 First Amendment to Agreement between the City of Rancho Palos Verdes and Charles Abbott Associates, Inc. This agreement is an amendment ("Amendment") to the on-call engineering and public works support services agreement between the City of Rancho Palos Verdes ("CITY") and Charles Abbott Associates, Inc. ("CONSUL TANT"), dated September 18, 2012 ("Agreement"). This Amendment is effective as of February 18, 2014, and is being made to utilize part of the funds in the Agreement toward a particular project in which prevailing wages must be paid. Section 1. Section 2.1 of the Agreement is hereby amended to read as follows: "Upon CITY's request, CONSUL TANT shall submit a proposal for a particular project, including a scope of work and total cost for services ("Proposal"). Once CITY accepts a Proposal as submitted or amended and issues a written Notice to Proceed therefor, CITY agrees to compensate CONSUL TANT in accordance with the total cost for services listed in the Proposal, and in any case an amount not to exceed twenty-five thousand dollars ($25,000) for a single service and sixty thousand dollars ($60,000) per fiscal year for services as described in Article 1. On-call services that are reimbursed by a trust deposit shall not count towards the maximum amounts CONSUL TANT shall be paid for such services. If the CITY requests any work that is beyond the scope of work listed in the Proposal, the CITY and CONSUL TANT shall negotiate the scope of work and fees for this extra work in accordance with CONSULT ANT's Schedule of Fees, which is attached hereto as Exhibit "A" and incorporated herein by this reference, up to the twenty-five thousand dollars ($25,000) for a single service maximum amount. Upon mutual agreement of the scope of work and fees, the City shall issue a written Notice to Proceed therefor. The rates in Exhibit "A" shall remain in effect through at least June 19, 2013. Thereafter, if CONSUL TANT wishes to increase the rates set forth in Exhibit "A," CONSUL TANT shall give CITY ninety (90) days prior written notice of the rate increase. Notwithstanding the foregoing, with respect to the land surveying services provided to the CITY by CONSUL TANT in relation to the FY 2011-2012 Arterial Roads Rehabilitation Project -Palos Verdes Drive East project ("PVDE project"), the amount billed to the City for the PVDE project shall not exceed twenty-four thousand dollars ($24,000); the PVDE project is a public work to which prevailing wages apply, and the rates in Exhibit "A" shall not be applicable to the PVDE project. The Terms for Compliance with California Labor Law Requirements is attached hereto as Exhibit "B" and incorporated herein by this reference." Section 2. Except as expressly amended by this amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. R6876-0001\1349509v1 .doc F-170 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written. Dated: ----------- ATTEST: By: ___________ _ City Clerk R6876-0001\1349509v1 .doc CHARLES ABBOTT ASSOCIATES, INC. ("CONSUL TANT") By: ___________ _ Printed Name: --------- Title:------------ By: ___________ _ Printed Name: --------- Title:------------ CITY OF RANCHO PALOS VERDES ("CITY") By: ___________ _ Mayor F-171 January 17, 2014 Mrs. Nicole Jules City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 PROFESSIONAL BUILDL'iG & SAFETY/ENG!NEERJNG/L"IFRASTRUCT!JRE MA."IAGEMENT Re: Proposal to perform inspection oversight on the rehabilitation of Palos Verdes Drive East for fiscal year 2011-2012 Description of work: Inspection oversight on the rehabilitation of Palos Verdes Drive East from Vista Del Mar to the City northerly limits. The project oversight will consist of overseeing the full time Anderson Penna Partners field inspector and also a full time soils inspector. Dear Nicole: Thank you for the opportunity to propose to perform project oversight throughout your Palos Verdes Drive East rehabilitation job for the city of Rancho Palos Verdes. We are excited to provide this service to you and we are committed to your satisfaction. Our understanding is that you would like Charles Abbott Associates inspector, Jim Pugh, to oversee the below work: ../ Assure plans and specifications are followed throughout the entire job ../ Oversee the full time on site construction inspector ../ Oversee the full time on site soils technician from Laboratories ../ Dialogue with the City Engineers on a daily basis to give job status ../ Help approve job quantities ../ Assure that quality control is at its highest guidelines at all times ../ Assure the job moves forward with the City's and residents best interest in mind It is our understanding that you would like a proposal for daily part time inspection oversight for the project duration of 60 working days at 4 hours per day. Charles Abbott Associates hourly rate is $97.00 per hour and the total dollar amount would be $23,280. Please let me know if you have any questions. Sincerely, ··••· t#fHWJD CHARLES ABBOTT ASSOCIATES INC. 27401 Los ALTOS nSl1lTE220 MISSION VIEJO. CA 92691 (949) 367-2850 u FAX (949) 367-2852 l'MAll: ;wol11 CAAPROFFSS!O>;A!SCOM F-172 Exhibit"B" STANDARD HOURLY RATE SCHEDULE Effective July 1, 2013 CWsJFICATION HOURLY CLASSIFICATION HOURLY BAm &mil. Principal Engineer 175.00 Principal Building Official 145.00 City Engineer 165.00 Building O:fticial 122.00 Project Supervisor 145.00 Senior Building Inspector 110.00 Project Manager 135.00 Building Plan Checker 97.00 Project Engineer 130.00 Building Inspector/Plan Check.er 90.00 Sr. Registered Engineer 125.00 Code Enforcement Officer 75.00 Senior Design Engineer 115.00 Permit Specialist 66.00 Associate Engineer 110.00 Assistant/Design Engineer 98.00 Community Development Director 145.00 Principal Planner 132.00 Senior Traffic Engineer/Manager 150.00 Senior Planner 107.00 Transportation Planner 110.00 Associate Planner 97.00 Traffic Engineer Associate 95.00 Planning Technician 68.00 Sr. Draftsperson (CADD) 90.00 Landsoape Director 116.00 Draftsperson (CADD) 80.00 Associate Landscape Architect 95.00 Computer Teclmician 80.00 City Forester 88.00 Senior Environmental Consultant 145.00 Expert Witness Services 200.00 Environmental Engineer/Scientist II 115.00 Senior Contract Administrator 107.00 Environmental Engineer/Scientist I 92.00 Administrative Assistant 57.00 Associate Environmental Engineer 87.00 Word Processor S0.00 ClericaJ 45.00 Senior Public Works Inspector 102.00 Public Works lnspector 98.00 3-Person Survey Crew 270.00 2-Person Survey Crew 210.00 The above hourly rates include general and administrative overhead and fees and employee payroll burden. F-173 Exhibit "B": TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Charles Abbott Associates, Inc. ("Consultant") acknowledges that the FY 2011-2012 Arterial Roads Rehabilitation Project-Palos Verdes Drive East project, as further defined in the amendment ("Amendment"), dated February 18, 2014, to the on- call engineering and public works support services agreement between the City of Rancho Palos Verdes ("City") and Consultant, dated September 18, 2012 ("Agreement"), to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1 "). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Consultant shall perform all work on the project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 5. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777 .5, 1777 .6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. R6876-0001\1349509v1 .doc F-174 7. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant 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 undertake 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." 9. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions .. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive termination of the Agreement. R6876-0001\1349509v1 .doc F-175 mr?dill%£S1@1W@ PROFESSIO'.'<AL Bl'!LD!l\G & SAFJ:n/E:\Gl:\EERL'\G/l:\FR&qm·cTCRJ: '.\1A.'\AGEME:\T January, 17 2014 Mrs. Nicole Jules City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Re: Proposal to perform inspection oversight on the rehabilitation of Palos Verdes Drive East for fiscal year 2011-2012 Description of work: Inspection oversight on the rehabilitation of Palos Verdes Drive East from Vista Del ·Mar to the City northerly limits. The project oversight will consist of overseeing the full time Anderson Penna Partners field inspector and also a full time soils inspector. Dear Nicole Thank you for the opportunity to propose to perform project oversight throughout your Palos Verdes Drive East rehabilitation job for the city of Rancho Palos Verdes. We are excited to provide this service to you and we are committed to your satisfaction. Our understanding is that you would like Charles Abbott Associates inspector, Jim Pugh, to oversee the below work: ./ Assure plans and specification are followed throughout the entire job . ./ Oversee the full time on site construction inspector, ./ Oversee the full time on site soils technician from Laboratories . ./ Dialogue with the City Engineers on a daily basis to give job statuses . ./ Help approve job quantities . ./ Assure that quality control is at its highest guidelines at all times . ./ Assure the job moves forward with the City's and resident's best interest in mind. It is our understanding that you would like a proposal for daily part time inspection oversight for a job duration of 60 days at 4 hours a day. Charles Abbott and Associates hourly rate is $97.00 per hour and the total dollar amount would be $23,280. Please let me know if you have any questions. Sincerely, ···.•. ::t@WI?li8.7..a CHARLES ABBOTT ASSOCIATES INC 371 v A'1Nrss \VAYnSl'JTF 200 n TORRA'( CE. CA 90501 (310) 2 l 2-577R L' FAX (3 l 0) 212-099.3 :~\'A:: : l'\! 0((1: CA,.\M(J\Ll\:LCO.\~ F-176 First Amendment to Agreement between the City of Rancho Palos Verdes and KDM Meridian This agreement is an amendment ("Amendment") to the on-call land surveying services agreement between the City of Rancho Palos Verdes ("CITY") and KDM Meridian ("CONSUL TANT"), dated July 12, 2012 ("Agreement"). This Amendment is effective as of February 18, 2014, and is being made to utilize part of the funds in the Agreement toward a particular project in which prevailing wages must be paid. Section 1. Section 2.1 of the Agreement is hereby amended to read as follows: "Upon CITY's request, CONSUL TANT shall submit a proposal for a particular project, including a scope of work and total cost for services ("Proposal"). Once CITY accepts a Proposal as submitted or amended and issues a written Notice to Proceed therefor, CITY agrees to compensate CONSUL TANT in accordance with the total cost for services listed in the Proposal, and in any case an amount not to exceed twenty-five thousand dollars ($25,000) for a single service and sixty thousand dollars ($60,000) per fiscal year for services as described in Article 1. On-call services that are reimbursed by a trust deposit shall not count towards the maximum amounts CONSULT ANT shall be paid for such services. If the CITY requests any work that is beyond the scope of work listed in the Proposal, the CITY and CONSUL TANT shall negotiate the scope of work and fees for this extra work in accordance with CONSUL TANT's Standard Non- Prevailing Wage Fee Schedule, which is attached hereto as Exhibit "A" and incorporated herein by this reference, up to the twenty-five thousand dollars ($25,000) for a single service maximum amount. Upon mutual agreement of the scope of work and fees, the City shall issue a written Notice to Proceed therefor. The rates in Exhibit "A" shall remain in effect through at least June 19, 2013. Thereafter, if CONSUL TANT wishes to increase the rates set forth in Exhibit "A,'' CONSUL TANT shall give CITY ninety (90) days prior written notice of the rate increase. Notwithstanding the foregoing, with respect to the land surveying services provided to the CITY by CONSULTANT in relation to the FY 2011-2012 Arterial Roads Rehabilitation Project -Palos Verdes Drive East project ("PVDE project"), the amount billed to the City for the PVDE project shall not exceed twenty-two thousand, eight hundred and sixty dollars ($22,860); the PVDE project is a public work to which prevailing wages apply, and the rates in Exhibit "A" shall not be applicable to the PVDE project. The Terms for Compliance with California Labor Law Requirements is attached hereto as Exhibit "B" and incorporated herein by this reference." Section 2. Except as expressly amended by this amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. R6876-0001\1349509v1 .doc F-177 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written. Dated: __________ _ ATTEST: By: ___________ _ City Clerk R6876-0001\1349509v1 .doc KDM MERIDIAN ("CONSUL TANT") By: ___________ _ Printed Name: --------- Title: ------------ By: ___________ _ Printed Name: --------- Title: ------------ CITY OF RANCHO PALOS VERDES ("CITY") By: ___________ _ Mayor F-178 I tj I KDM MERIDIAN SURVEYING, MAPPING AND LAND SERVICES January 21, 2014 Ms. Nicole Jules, P.E. Senior Engineer City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 KDMM P1312-08v4 Subject: Palos Verdes Drive East Project #002912 Reference Line Stationing & Monument Preservation (240 estimated record monuments) City of Rancho Palos Verdes Dear Nicole: KDM Meridian is pleased to provide the City of Rancho Palos Verdes with this proposal for surveying services. The following is our understanding of the project, based on our familiarity with this street and conversations with you and the design engineer. Project Understanding The City is requesting KDM Meridian propose to layout the reference/station list shown on the subject project's plans and preserve monuments in accordance with statutes (e.g. CAL BPC. Code§ 8771). This portion of Palos Verdes Drive East (PVDE) requires significant traffic control to provide a safe working environment for surveying and the status of the potential existing monumentation is unknown. These two factors make the request for a proposal that includes complete and proper monument preservation on this project difficult to provide as a fixed fee and difficult even as an accurate estimate. This proposal will present the considerations and assumptions used to generate an estimate that may be conservative, but depending on the depth and location of the existing monuments that lacked proper past perpetuation (i.e. buried under asphalt with little or no reference to location) it may fall short of being accurate of the time needed to meet the mandated requirements. Two scenarios will be presented; firstly breaking the work into two distinct efforts and secondly economizing the use of traffic control by consolidating the scope into a single mobilization (excluding the reset of any monuments). The first portion of the work is painting stationing for a reference line shown on the plans from station 84+47 to station 322+50 (23,803 If). This line will be staked at 50-foot interval, on-station, and at significant intermediate stations. This work will be accomplished using a traffic control sub-contractor 22541 Aspan Street, Suite C, Lake Forest, California 92630 Telephone: 949-768-0731 Facsimile: 949-768-3731 KDMMeridian.com F-179 Ms. Nicole Jules, P.E. Palos Verdes Drive East Reference Line Staking and Mon. Preservation -Rancho Palos Verdes Page 2 of4 KOMM P1312-08v4 (i.e. California Barricade) to provide either a rolling closure or segmented closure to enable our field survey crews a safe area to work. The most efficient and least impactful method will be selected for each reach and direction. We will work with your staff on a schedule for this work to have the least amount of impact on the residents of the neighborhoods served by PVDE. The second portion of this work is the preservation of survey monumentation, both currently covered by asphalt and those existing on the surface. Due to the highly curvilinear nature of this street, the centerline is monumented at a remarkably small interval (e.g. BCs, ECs, Pis, and PTls} as often as every one-hundred feet in many reaches. The research KDM Meridian has already performed indicates that there may be extensive effort to be expended to hand-chisel the existing asphalt to expose buried monuments without damaging them. If all record monuments exist, there could be as many as 240 monuments within the entire project reach. Through discussions with the County Surveyor's Office (CSO) and generalized inquiry of the Board for Professional Engineers, Land Surveyors and Geologists (BPELSG) we have developed a plan to achieve compliance with the monument preservation statutes, and reduce the post construction activities (i.e. resetting the monuments). Monument preservation must begin with an exhaustive search through the CSO's records and an organization and calculation of probable monument locations. The nature of this street is such that determining where a particular centerline tie sheet applies can be difficult without all of the information considered together. Unlike a typical street, the monuments are likely to fall on either side of the center of the roadway, within traveled ways, and even off pavement edges where shoulders will be added. This has been determined through a review of a sample of records research performed to help estimate this project. As described for the painting of the reference line, California Barricade will provide various scenarios of closures to provide safe areas for the survey work to be performed. This work includes locating monuments, digging asphalt to expose them, verifying existing ties as available, and setting complete ties as necessary. Survey work will include consideration of providing permanent and reliable reference for monuments that will not be reset after construction. The intent will be to preserve and perpetuate those certain monuments falling in areas that are not conducive to future occupation by surveying equipment through a series of permanent witness monuments and ties to adjacent monuments. Our discussions with the CSO and BPELSG leave us confident that we can reduce the post construction process and leave the City with a street that is easier to preserve monuments on, in the future, for inevitable overlay/resurfacing projects. Following construction, those monuments that are required to be reset will be replaced in the surface of the new surface utilizing traffic control as necessary and the final ties will be verified or set as necessary. An option of performing the two scopes (reference line stationing and pre-construction preservation) together will be detailed as well. Note: Providing the reference line stationing in advance may create a situation where advance construction (i.e. utility relocation) could disturb monuments or ties prior to our preservation work. KDM MERIDIAN F-180 Ms. Nicole Jules, P.E. Palos Verdes Drive East Reference Line Staking and Mon. Preservation -Rancho Palos Verdes Page 3 of 4 KDMM P1312-08v4 Scope of Services 1. Construction Line Marking a. Mark construction line station starting at station 84+50 through station 322+50 at fifty- foot intervals with the applicable station value. 2. Monument Records Research and Preparation a. Perform research at County Surveyor's Office for applicable records (e.g. maps, ties, alignment notes) b. Organize records and perform calculations to maximize field efficiency in locating monuments. 3. Pre-Construction Monument Preservation/Perpetuation -Field Work a. Field identify/expose existing monuments, their condition (on surface, buried, destroyed/disturbed/missing), and adjacent ties. b. Set ties and remove monuments as necessary. 4. Pre-Construction Monument Preservation/Perpetuation -Office Work a. Present an exhibit for surface monuments in slurry reaches for Contractor and Inspector to ensure monuments are protected from slurry material. b. Prepare and file corner records as necessary. 5. Post-Construction Monument Preservation/Perpetuation -Field Work a. Reset new monuments in finished surface. b. Review and ensure existing surface monuments were protected from slurry material. 6. Post-Construction Monument Preservation/Perpetuation -Office Work a. Prepare and file corner records as necessary. Fee Estimates Est. KDM Cost KDM Total Task Days Per Day Cost 1. Construction Line Marking 9 $2,540 $22,860 2. Monument Records Research and Preparation - - - 3.Pre-Construction Monument Preservation/Perpetuation -Field Work 16 $5,100 $81,600 1. & 3. Concurrently -Marking and Pre- Construction Field Work 20 $5,100 $102,000 4. Pre-Construction Monument Preservation/Perpetuation -Office Work - - - 5. Post-Construction Monument Preservation/Perpetuation -Field Work 12 $5,100 $61,200 6. Post-Construction Monument Preservation/Perpetuation -Office Work - - - Traffic Traffic Control Control Total Cost Per Day Cost Est. Total $2,600 $23,400 $46,260 - - $19,200 $2,600 $41,600 $123,200 $2,600 $52,000 $154,000 - - $57,600 $2,600 $31,200 $92,400 --$43,200 r:I KDM MERIDIAN 1 F-181 Ms. Nicole Jules, P.E. Palos Verdes Drive East Reference Line Staking and Mon. Preservation -Rancho Palos Verdes Page 4 of4 KOMM P1312-08v4 Based on the estimates as described on the previous page the two proposed scenarios would be estimated as totals (highest possible estimate) as: Estimated Totals for all Tasks -with separate mobilizations Stationing/Research & Prep/Pre-con field & office/Post-con field & office: $381,860 Estimated Total for all Tasks -mobilizing/performing Tasks 1 & 3 concurrently Stationing & pre-con field/Research & Prep/Pre-con office/Post-con field & office: $366,400 Traffic control for this project includes four (4) traffic control technicians and the daily capability to have traffic control span four (4) intersections. Traffic Control provided by the city (or others) should have the same, or greater, capability. In consideration that KDM Meridian is a small business with more narrow capital resources, we ask that you consider establishing a budget and contract directly with the traffic control sub-contractor or that we agree to a fixed payment schedule. Thank you for this opportunity to provide surveying services to the City of Rancho Palos Verdes. Please call if you have questions with any portion of this proposal. Sincerely, Richard C. Maher, PLS President ri\~Wiier9f!~$~i~\1~;:~~~~Mt1~twa~~~m1\P:~a;i;~~tj~vi~~~$ Attachments: Rate Schedule ~ t ·.!.1· ... ' • KDM MERIDIAN I F-182 KDM MERIDIAN Fee Schedule Valid Through October 1, 2014 PROFESSIONAL SERVICES: HOURLY RATE: Project/Survey Manager Project Surveyor Survey Technician/Drafter Clerical/Administration/Technical Aide Expert Witness (4 hour minimum) Survey Crew (1 person) Survey Crew (2 persons) Survey Crew GPS (3 persons) REIMBURSABLES: Supplies, Reproduction, Rental of Special Equipment Subconsultants Lodging, Airfare (Remote Site) Meal Expense (Remote Site) Mileage (Remote Site) $175.00 $160.00 $120.00 $ 75.00 $350.00 $170.00 $250.00 $330.00 RATE: Cost+ 10% Cost+ 10% Cost+ 10% $ 50/day/person $ 0.60/mile Note: Government Agencies and/or private landowner fees, map filings, research materials, etc. are extra to contract costs. Remote Sites are one hundred or more miles distant from our office. A minimum of 4 survey hours per day will be charged for field crews. Overtime shall be charged at 1.35 times the regular rate as shown above, with the exception of Sundays and holidays. Rates for Sunday time shall be 2.0 times the regular rate and Holidays shall be 2.5 times the regular rate as shown above Double time pay will be charged at a rate of 2.0 times the regular rate as shown above. The above rates shall be charged portal to portal (time spent on project site plus travel time) excluding lunch breaks. Daily overtime billing for field survey work during the work week (Monday through Friday) does not commence until 8 hours of on-site work has been completed (does not include travel time to and from site). Travel time is charged at regular rates as shown above, and will not be charged at overtime rates. 22541 Aspan Street, Suite C, Lake Forest, California 92630 Telephone: 949-768-0731 Facsimile: 949-768-3731 KDMMeridian.com F-183 Exhibit "B": TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. KDM Meridian ("Consultant") acknowledges that the FY 2011-2012 Arterial Roads Rehabilitation Project -Palos Verdes Drive East project, as further defined in the amendment ("Amendment"), dated February 18, 2014, to the on-call land surveying services agreement between the City of Rancho Palos Verdes ("City") and Consultant, dated July 12, 2012 ("Agreement"), to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1 "). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Consultant shall perform all work on the project a~ a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in 1 (a) and 1 (b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 5. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777 .5, 1777 .6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. R6876-0001\1349509v1 .doc F-184 7. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant 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 undertake 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." 9. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive termination of the Agreement. R6876-0001\1349509v1 .doc F-185