RPVCCA_CC_SR_2013_06_18_C_FY12-13_Annual_Sidewalk_Repair_ProgramCrTYOF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
LES M. JONES II, INTERIM DIRECTOR OF PUBLl~.4.1
JUNE 18, 2013
AWARD CONTRACT FOR THE FY2012-2013 ANNUAL
SIDEWALK REPAIR PROGRAM (SUPPORTS 2013 CITY
COUNCIL GOAL #4, PUBLIC INFRASTRUCTURE -
CITYWIDE STREET MAINTENANCE)
CAROLYN LEHR, CITY MANAGER cf)__
Project Manager: Melissa Murphy, Associate Engineer Tf\N'/V
RECOMMENDATIONS
1. Approve the construction plans and project specifications on file in the Public Works
Department for the FY 2012-2013 Annual Sidewalk Repair Program.
2. Award a construction contract to John Simich Construction, Inc. in the amount of
$97,250 for the project and authorize Staff to utilize an additional 20% ($19,450) for
project contingency.
3. Authorize the Mayor and City Clerk to execute the agreement.
BACKGROUND
Every year the City implements the sidewalk repair program where damaged sidewalk is
repaired at various locations throughout the City. The City is sub-divided into nine maintenance
zones and as requests are received regarding uplifted and/or damaged sidewalk throughout the
year, these locations are inspected and then logged, and a database of repair areas is
maintained until the quantity of repairs is sufficient to initiate the project. Increased focus was
given to maintenance areas 3 and 5 for this project so that concrete repairs can be made in
these areas before the streets are resurfaced.
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Annual Sidewalk Repair Program FY12-13
June 18, 2013
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ANALYSIS
Construction Contract
The project was publicly advertised and sealed bids were received and opened on May 29,
2013. John Simich Construction, Inc. submitted the lowest responsive bid out of the four bids
received. The following table summarizes the bids received:
BID SUMMARY
Construction Companies Base Bid Amount
John Simich Construction, Inc. $ 97,250.00
Dotv Bros Equipment Co. $104, 150.00
Mora's Equipment and Construction, Inc. $118,125.00
Nobest, Inc. $172,000.00
Staff has verified John Simich Construction, lnc.'s references and found their past performance
on jobs of similar size and scope tq be satisfactory. John Simich Construction, Inc. has
performed work in the City of Rancho Palos Verdes before, including the Palos Verdes Drive
South bus shelters, and has completed several similar-scale projects, including recent
completion of concrete repair projects at UCLA and Palos Verdes Estates. Their bid, bonds,
and insurance documents are in order and their contractor's license is current.
Project Inspection
To ensure first-class work, materials, and workmanship during construction, project inspection
services are needed to oversee construction activities and verify specification compliance. Staff
solicited proposals from several firms on the City's pre-approved on-call list that have offered
similar types of professional services for the City in the past, and Merit Civil Engineering, Inc.
was selected as the preferred consultant, based on their qualifications and prior experience on
past similar City projects. The cost for this project's inspection services will be approximately
$25,000.
ALTERNATIVE
The alternative is to reject all construction bids and re-advertise the construction project. This
alternative could take approximately two months to complete and may result in an increase in
bids.
CONCLUSION
Adopting Staff's recommendations will award a construction contract to John Simich
Construction, Inc. in the amount of $97,250 and authorize staff to utilize 20% of the contract
amount ($19,450) as contingency for unforeseen circumstances. Construction is expected to
start in the beginning of July 2013 and be completed by the end of August 2013.
FISCAL IMPACT
The recommended action will result in a total project authorized expenditure of $141,700.
Funding for the project is included in the Street Maintenance -Non Pavement Program of the
FY12-13 budget. The City Attorney has reviewed and approved the construction agreement.
Attachments: Project Location Map, John Simich Construction, Inc. Construction Contract
Agreement, and Merit Civil Engineering, lnc.'s Proposal
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l ROAD DISTRICT NO. 3: PENINSULA CENTER
Beechgate Dr
Blackhorse Rd
Browndeer Ln
Deepbrook Dr
Delacroix Rd .
Diamond Head-Ln
Elkridge Dr
Elmbridge Dr
Falcon 'Rock Pl
Fawnskin Dr
Flaming Arrow Dr
Golden Arrow Dr
Hales Corner Rd
Hawkhurst Dr
Hawthorne Blvd
Honey Creek Rd
Larchbluff Dr
Littlewood Dr
Lone Valley Dr
Longhill Dr
Nokomis Rd
Oaklon Dr
Oconto Av
Rockhurst Ln
Rockvalley Rd
Seashell Way
Silver Arrow Dr
Silver Moon Ln
Silver Spur Rd
Sunny Point Pl
Warrior Dr
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ROAD DISTRICT NO. 5: LOS VERDES
Alida Pl
Alta Vista Dr
Avenida Altisma
Avenida Anillo
Avenida Celestial
Avenida Classica
Avenida De Calma
Avenida Elegante
Avenida Esplendida
Avenida Magnifica
Avenida Refinida
Avenida Selecta
Avenida Tranquila
Berry Hill Dr
Cachan Pl
Calle de Suenos
Calle del Pajarito
Calle la Resolana
Calle Quieta
Camino Pequeno
Camino Porvenir
Cartier Dr
Chartres Dr
Cheret Pl
Crest Rd
Dupre Dr
Hawthorne Blvd
La Croix Dr
Laurel Dr
Lautrec Pl
Le Blanc Pl
Lebec Pl
Los Verdes Dr
.. -,·
Marguerite Dr
Marne Dr
Matisse Dr
Palos Verdes Dr W
Rhone Dr
Rue Beaupre
Rue de la Pierre
Rue Godbout
Rue La Fleur
Rue Langlois
Rue Valois
Sattes Dr
Vallon Dr
Via Borica
Via Cambron
Via Capri
Via Collado
Via Del Mar
Via La Cresta
Via Lorado
Via Marie Celeste
Via Rivera
Via San Remo
Via Veneta
Via Victoria
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FY12-13 ANNUAL SIDEWALK REPAIR PROGRAM -BASE BID LOCATION LIST
Location# House# Street 4" Sidewalk 6" Driveway Approach Curb & Gutter
L w so• L w SO' L
3 -1 lflnn4861 Blackhorse 35 4 140
3 -2 lflnn4869 Blackhorse 26 4 104
3 -3 4869 Blackhorse 35 4 140
3 -4 lflnn4875 Blackhorse 35 4 140
3 -5 4889 Blackhorse 26 4 104
3 -6 4906 Blackhorse 16 4 64
3 -7 4909 Blackhorse 10 4 40
3 -8 4941 Blackhorse 18 4 72 18 4 72
3 -9 5008 Blackhorse 40 4 160
3 -10 5014 Blackhorse 32 4 128 12
3 -11 4958 Blackhorse 16 4 64
3 -12 4926 Blackhorse 24 4 96
3 -13 lflnn4869 Blackhorse 24 4 96
3 -14 lnnn 4893 Blackhorse 32 4 128
3 -15 26512 DePnbrook 16 4 64
3 -16 26616 Deenbrook 8 4 32
3 -17 lflnn4903 Deenbrook 16 4 64
3 -18 26615 Deenbrook 14 4 56
3 -19 5058 Delacroix 16 4 64
3 -20 26843 Diamond Head Lane 24 4 96
3 -21 26933 Diamond Head Lane 48 4 192 24 4 96
3 -22 26938 Diamond Head Lane 24 4 96 18 5 90
3 -23 27117 Diamond Head Lane 15 4 60
3 -24 27419 Fawnskin 16 4 64
3 -25 27502 Fawnskin 16 4 64
3 -26 27508 Fawnskin 16 4 64
3 -27 27514 Fawnskin 24 4 96
3 -28 27603 Fawnskin 30 4 120
3 -29 Onn27416 Fawnskin 10 4 40
3 -30 27146 Fawnskin 16 4 64 10 4 40
3 -31 27426 Fawnskin 18 4 72
3 -32 27542 Fawnskin 50 4 200
3 -33 27608 Flamin2 Airow 16 4 64
3 -34 lnnn 27608 Flamin" Airow 16 4 64
3 -35 27615 Flamin2 Airow 18 4 72
3 -36 27639 Flamin2 Arrow 16 4 64
3 -37 27653 Flamin" Airow 12 4 48
3 -38 4915 Golden Airow 20 4 80
3 -39 4916 Golden Airow 32 4 128 10
3 -40 4916 Golden Airow 16 4 64
3 -41 4916 Golden Airow 16 4 64
3 -42 5018 Golden Airow 16 4 64
3 -43 5024 Golden Airow 20 4 80
3 -44 27540 Hales Comer Road 16 4 64
3 -45 26527 Hawkhurst 16 4 64
3 -46 26622 Hawkhurst 10 4 40
3 -47 26614 Hawkhurst 24 4 96 12 4 48
3 -48 flnn 26615 Hawkhurst 8 4 32
3 -49 26528 Hawkhurst 16 4 64
3 -50 26521 Hawkhurst 8 4 32
3 -51 26527 Hawkhurst 48 4 192
3 -52 26625 Honevcreek 10 4 40
3 -53 26622 Honevcieek 10 4 40
3 -54 26614 Honevcreek 24 4 96
3 -55 iflnn26615 Honevcreek 8 4 32
3 -56 26528 Honevcreek 16 4 64
3 -57 26521 Honevcreek 8 4 32
3 -58 26527 Honevcreek 48 4 192
3 -59 26658 Honevcreek 8 4 32
3 -60 26673 Honevcreek 40 4 160
3 -61 26672 Honevcreek 40 4 160
3 -62 Honevcreek @. Blackhorse 24 4 96
3 -63 4951 RockVallev 28 4 112
3 -64 5011 RockVallev 16 4 64
3 -65 5019 RockVallev 24 4 96
3 -66 5039 RockVallev 40 4 160
3 -67 RockVallev 5 4 20
3 -68 5033 RockVallev 8 5 40
3 -69 4948 RockVallev 8 4 32
3 -70 4931 RockVallev 48 4 192
3 -71 5147 Silver Airow 40 4 160
3 -72 5211 Silver Airow 80 4 320
5 -1 29907 Avenida Anillo 70
5 -2 6903 Crest Road 18 9 162 31
5 -3 30438 Via Cambron 40 4 160
5 -4 30451 Via Cambron 25 4 100
5 -5 30445 Via Cambron 20 4 80
5 -6 30441 Via Cambron 47 4 188
5 -7 30438 Via Cambron 20 4 80
5 -8 30438 Via Cambron 18 5 90
5 -9 flnn 30405 Via Cambron 16 4 64
5 -10 flnn 30413 Via Cambron 16 4 64
5 -11 "' 30405 Via Cambron 16 4 64
5 -12 30429 Via Cambron 16 5 80
5 -13 7328 Berrvhill 16 4 64
5 -14 3333 PV Dr West -Benvhill Dwv 16 4 64
5 -15 3333 PV Dr West -BPn'Vhill n..~ 16 5 80
5 -16 7355 BPnVhill 13 5 65
5 -17 7355 Benvhill 16 5 80
5 -18 flnn30057 Via Victoria 16 4 64
5 -19 30109 Via Victoria 16 4 64 8 8 64
5 -20 30133 Via Victoria 16 7 112
5 -21 30241 Via Victora 16 4 64
5 -22 30252 Via Victoria 4 3 12
5 -23 30404 Via Victoria 12 4 48
5 -24 30330 Via Victoria 16 4 64
5 -25 30160 Via Victoria 8 4 32
5 -26 30120 Via Victoria 16 4 64
5 -27 7430 ViaLorado 35 4 140
5 -28 7359 ViaLorado 8 8 64
5 -29 7422 ViaLorado 18 4 72
5 -30 7404 ViaLorado 12 5 60 16
5 -31 flnn7306 Marie Celeste 8 4 32
5 -32 7219 Rue Godbout 60 4 240
5 -33 30024 Via Rivera 22 4 88 --
5 -34 30324 Via Rivera 40 4 160
5 -35 30343 Via Rivera 16 4 64 12 5 60
5 -36 Onn30452 Via Rivera 6 6 36
5 -37 30224 Via Rivera 24 4 96
5 -38 30710 Via Rivera 8 4 32
5 -39 30318 ViaBorica 24 4 96 24 4 96
5 -40 30111 ViaBorica 16 4 64
5 -41 30155 ViaBorica 30 4 120
5 -42 30327 ViaBorica 32 4 128 16 4 64
5 -43 30335 ViaBorica 8 4 32
5 -44 30227 ViaBorica 16 4 64
5 -45 30817 Via Rivera 16 4 64
5 -46 30840 Via Rivera 24 4 96
5 -47 30406 Via Rivera 16 4 64
5 -48 30406 Via Rivera 16 4 64
5 -49 30817 Via Rivera 16 4 64
5 -50 30131 Via Rivera I Rue De La Pierre 8 4 32
5 -51 30131 Via Rivera 16 4 64
5 -52 30904 Via Rivera 32 4 128
5 -53 30918 Via Rivera 24 4 96
5 -54 Onn30918 Via Victoria 16 4 64
5 -55 30034 Via Victoria 16 4 64
5 -56 30629 Rue De la Pierre 30 4 120
5 -57 30623 Rue De la Pierre 8 4 32
5 -58 30621 Rue De la Pierre 20 4 80
5 -59 7265 Rue la Fleur 8 4 32 8 4 32
5 -60 7285 Rue la Fleur 50 6 300
5 -61 Onn7207 Rue la Fleur 10 4 40
5 -62 30531 Rue Lan1>lois 18 4 72
5 -63 30565 Rue Lanclois 10 4 40
5 -64 30131 Rue LanPfois 16 4 64
5 -65 30733 Rue Valois 24 4 96 30
298 9,988 540 2,447 169 C-5
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FY12-13 ANNUAL SIDEWALK REPAIR PROGRAM -ADDITIVE BID LIST 1
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Location# House# Street 4" Sidewalk i 6" Driveway Approach i Curb & Gutter
i L w SQ' L w SQ' L
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3 -173 27955 Beechgate 8 4 32
3 -174 27947 \Beechgate 10 4 40
3 1-\75 28026 \Beechgate 16 4 64
3 1-\76 Opp 5043 Delacroix 12 4 48
3 -77 Opp 5043 Delacroix 16 4 64
3 -78 4993 \Delacroix 24 4 96
3 -79 26837 Diamond Head Lane 60 4 240
3 -80 27542 Fawnskin 50 4 200
3 -81 Golden Arrow 16 4 64
3 -82 27912 Longhill 7 5 35
3 -\83 27908 \Longhill 13 5 65
3 -\84 27886 Longhill 18 4 72
3 -85 5213 Sunny Point PI 44 4 176
3 -86 Opp 52133 Sunny Point Pl 70 4 280
3 -87 27316 Warrior 16 7 112
5 -66 7323 Via Lorado 20 4 80
5 -67 7323 Via Lorado 10 6 60 60
5 -68 7323 Via Lorado 30 4 120
5 I -69 7323 ViaLorado
5 -70 Via Lorado I Marie Celeste 18 5 90
5 -\71 Crest Road & Ralphs 8 4 32
5 -72 6653 Crest Road 8 4 32
5 -173 6661 \Crest Road 8 4 32
5 -74 6724 \Crest Road 18 4 72
5 I -75 6734 Crest Road 17 4 68
5 I -76 6743 Crest Road 112
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FY12-13 ANNUAL SIDEWALK REPAIR PROGRAM -ADDITIVE BID LIST 2
Location# House# Street 4" Sidewalk 6" Driveway Approach I Curb & Gutter
l I L w SQ' L. w SQ' L !
5 I -fn Crest Road & Ave Esplendida 11 4 44
5 -78 Crest Road & Ave Esplendida 16 4 64
5 -179 !Crest Road & Ave Esplendida 16 4 64 8 4 32
5 -80 I Crest Road & Ave Esplendida 8 4 32
5 -81 I Crest Road & Ave Esplendida 8 4 32
5 -182 6790 !Crest Road 11 4 44 65
5 -183 6860 Crest Road 15 4 60
5 I -84 6866 Crest Road 13 4 52
5 -85 6921 I Crest Road 10 10 100
5 I -86 6932 Crest Road 8 4 32
5 -87 6955 Crest Road 11 4 44
5 -88 7041 Crest Road 13 9 117
5 I -89 7051 Crest Road 13 10 130
5 -90 7102 Crest Road 8 4 32
5 -91 Opp 7155 !Crest Road 28 4 112
5 -92 7168 Crest Road 15 4 60
5 -93 7190 !Crest Road 16 4 64
5 -94 7206 Crest Road 16 4 64
5 I -95 7206 Crest Road 16 4 64
5 -96 6876 !Los Verdes 16 4 64 26 9 234
5 -97 . 6858 Los Verdes 11 4 44 15 9 135
5 -98 6806 Los Verdes 8 4 32 25 6 150
5 -99 6800 !Los Verdes 32 4 128
5 -100 6782 Los Verdes 28 9 252
5 -1101 6780 !Los Verdes 16 4 64
5 -102 6780 !Los Verdes 38 9 342
5 I -103 6756 !Los Verdes 19 9 171
5 -104 Los Verdes & Hawthorne 7 4 28
5 -105 I Via Rivera I Rue Valois 24 4 96 12 4 48
5 -106 30727 I Via Rivera 40 4 160 10 4 40
+------i I I
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I i I 1,480 I I I 1,751 I I 65
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7
CITY OF RANCHO PALOS VERDES
PUBLIC WORKS AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered this 18th day of June, 2013, by and
between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City")
and John Simich Construction, Inc. ("Contractor"). Contractor's license number is 410855 .
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
Annual Sidewalk Repair Program Fiscal Year 2012-2013 ("Project"), as described in this
Agreement and in the Bid Documents (including the Notice Inviting Sealed Bids, the
Instructions to Bidders, the Proposal, the General Provisions, the Special Provisions, the
Technical Provisions, and all addenda as prepared prior to the date of bid opening
setting forth any modifications or interpretations of any said documents), which are
attached hereto as Exhibit "A" and incorporated herein by this reference, including
miscellaneous appurtenant work. All work shall be performed in accordance with the
latest edition of the Standard Specifications for Public Works Construction (commonly
known as the "Greenback"), including supplements, prepared and promulgated by the
Southern California Chapter of the American Public Works Association and the
Associated General Contractors of California (collectively "Standard Specifications"),
which is incorporated herein by this reference. In the event of any conflict between the
terms of this Agreement and incorporated documents, the terms of this Agreement shall
control.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and
accepted by the Contractor, shall be paid for under written work order in accordance with
the terms therein provided. Payment for extra work will be made at the unit price or lump
sum previously agreed upon in writing between the Contractor and the Director of Public
Works. All extra work shall be adjusted daily upon report sheet furnished by the
Contractor, prepared by the Director of Public Works, and signed by both parties, and
said daily report shall be considered thereafter the true records of extra work done.
3. Effective Date. This Agreement is effective as of the date listed above, and shall remain
in full force and effect until Contractor has rendered the services required by this
Agreement.
4. Time. Time is of the essence in this Agreement.
5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in
performance under this Agreement due to causes beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or
other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight
embargoes, unusually severe weather, and supplier delays due to such causes. Neither
economic nor market conditions nor the financial condition of either party shall be
considered a cause to excuse delay pursuant to this Section. Each party shall notify the
other promptly in writing of each such excusable delay, its cause and its expected delay,
and shall upon request update such notice.
C-8
6. Compensation. In consideration of the services rendered hereunder, City shall pay
Contractor a not to exceed amount of ninety-seven thousand, two hundred and fifty
dollars ($97,250) in accordance with the prices as submitted in Contractor's Proposal,
attached hereto as Exhibit "B" and incorporated herein by this reference.
7. Payments. City shall make payments within thirty (30) days after receipt of an
undisputed and properly submitted payment request from Contractor. City shall return to
Contractor any payment request determined not to be a proper payment request as soon
as practicable, but not later than seven (7) days after receipt, and shall explain in writing
the reasons why the payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates
approved by the City Council. However, progress payments shall not be made in excess
of ninety-five percent (95%) of the percentage of actual work completed plus a like
percentage of the value of material delivered on the ground or stored subject to, or under
the control of, the City, and unused. The City shall withhold not less than five percent
(5%) of the Agreement price until final completion and acceptance of the Project.
However, at any time after fifty percent (50%) of the work has been completed, if the City
Council of the City finds that satisfactory progress is being made, it may, at its discretion,
make any of the remaining progress payments in full for actual work completed.
8. Substitute Security.
a. At the written request and expense of Contractor, securities equivalent to any
moneys withheld by the City to ensure performance under this Agreement shall
be deposited with the City, or with a state or federally chartered bank in the State
of California as the escrow agent, that shall then pay those moneys to
Contractor. Upon satisfactory completion of the Agreement, the securities shall
be returned to Contractor.
b. Alternatively, Contractor may request that the City shall make payment of
retentions earned directly to the escrow agent at the expense of Contractor. At
the expense of Contractor, Contractor may direct the investment of the payments
into securities, and Contractor shall receive the interest earned on the
investments upon the same terms provided for securities deposited by
Contractor. Upon satisfactory completion of the Agreement, Contractor shall
receive from the escrow agent all securities, interest, and payments received by
the escrow agent from the City, pursuant to the terms of this Section.
c. Securities eligible for investment shall include those listed in California
Government Code Section 16430, bank or savings and loan certificates of
deposit, interest-bearing demand deposit accounts, standby letters of credit, or
any other security to which Contractor and the City mutually agree in writing.
Contractor shall be the beneficial owner of any securities substituted for moneys
withheld and shall receive any interest thereon.
d. If Contractor elects to receive interest on moneys withheld in retention by the
City, it shall, at the request of any subcontractor performing more than five
percent (5%) of Contractor's total bid, make that option available to the
subcontractor regarding any moneys withheld in retention by Contractor from the
subcontractor. Further mandatory details are provided in Public Contract Code
Section 22300(d), which is incorporated herein by this reference.
Page 2 of 9
Public Works Agreement C-9
e. The escrow agreement for security deposits in lieu of retention shall be
substantially similar to the form provided in Public Contract Code Section
22300(f), which is incorporated herein by this reference.
9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension
and other taxes imposed by local, State of California and federal law. These payments
are included in the total amounts in Exhibit "B."
10. Audit. The City or its representative shall have the option of inspecting and/or auditing all
records and other written materials used by Contractor in preparing its billings to the City
as a condition precedent to any payment to Contractor. Contractor will promptly furnish
documents requested by the City. Additionally, Contractor shall be subject to State
Auditor examination and audit at the request of the City or as part of any audit of the
City, for a period of three (3) years after final payment under this Agreement.
11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor
re~arding 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, 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 the City, its elected officials, officers, employees,
volunteers, agents, and those City agents serving as independent contractors in
the role of City officials (collectively "lndemnitees") free and harmless 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, suits, losses, bid protests, stop notices, judgments, fines, penalties,
liabilities, costs and expenses of every kind and nature whatsoever, in any
manner arising out of or incident to the performance 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
Page 3 of 9
Public Works Agreement C-10
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 or the City's active negligence
to the limited extent that the underlying Agreement is subject to Civil Code
section 2782.
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.
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 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.
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.
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
Page 4 of 9
Public Works Agreement C-11
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.
17. Utilities. The City acknowledges its responsibilities under Government Code section
4215 and incorporates that section herein by this reference.
18. Location of Existing Elements. The methods used and costs involved to locate existing
elements, points of connection and all construction methods are Contractor's sole
responsibility. Accuracy of information furnished, as to existing conditions, is not
guaranteed by the City. Contractor, at its sole expense, must make all investigations
necessary to determine locations of existing elements, which may include, without
limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing
specialized locating equipment and/or hand trenching.
19. Independent Contractor. Contractor is and shall at all times remain, as to the City, a
wholly independent contractor. Neither the City nor any of its agents shall have control
over the conduct of Contractor or any of the Contractor's employees, except as herein
set forth, and Contractor is free to dispose of all portions of its time and activities which it
is not obligated to devote to the City in such a manner and to such persons, firms, or
corporations at the Contractor wishes except as expressly provided in this Agreement.
Contractor shall have no power to incur any debt, obligation, or liability on behalf of the
City, bind the City in any manner, or otherwise act on behalf of the City as an agent.
Contractor shall not, at any time or in any manner, represent that it or any of its agents,
servants or employees, are in any manner agents, servants or employees of City.
Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold the City harmless from any and all taxes,
assessments, penalties, and interest asserted against the City by reason of the
independent contractor relationship created by this Agreement. Contractor shall fully
comply with the workers' compensation law regarding Contractor and its employees.
Contractor further agrees to indemnify and hold the City harmless from any failure of
Contractor to comply with applicable workers' compensation laws. The City shall have
the right to offset against the amount of any compensation due to Contractor under this
Agreement any amount due to the City from Contractor as a result of its failure to
promptly pay to the City any reimbursement or indemnification arising under this Section.
20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to
which prevailing wages apply. The Agreement to Comply with California Labor Law
Page 5 of 9
Public Works Agreement C-12
Requirements is attached hereto and incorporated herein by this reference. Eight hours
of labor constitutes a legal day's work.
21. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that
every contractor will be required to secure the payment of compensation to its
employees. In accordance with the provisions of California Labor Code Section 1861,
the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
under take self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the work
of this contract."
22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and
Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is
incorporated herein by this reference.
23. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any
individual based on race, color, religion, nationality, gender, sex, sexual orientation, age
or condition of disability. Contractor understands and agrees that it is bound by and will
comply with the nondiscrimination mandates of all statutes and local ordinances and
regulations.
24. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred
throughout the duration of this Agreement. Contractor shall not perform work with
debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.
25. Compliance with Laws. Contractor shall comply with all applicable federal, state and
local laws, ordinances, codes and regulations in force at the time Contractor performs
pursuant to this Agreement.
26. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an
amount that is not less than the total compensation amount of this Agreement, and
nothing in this Agreement shall be read to excuse this requirement. The required forms
entitled Payment Bond (Labor and Materials) and Performance Bond are attached
hereto and incorporated herein by this reference.
27. Contractor's Representations. Contractor represents, covenants and agrees that: a)
Contractor is licensed, qualified, and capable of furnishing the labor, materials, and
expertise necessary to perform the services in accordance with the terms and conditions
set forth in this Agreement; b) there are no obligations, commitments, or impediments of
any kind that will limit or prevent its full performance under this Agreement; c) there is no
litigation pending against Contractor, and Contractor is not the subject of any criminal
investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor
nor its personnel have been convicted of a felony.
28. Conflicts of Interest. Contractor agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the
work under this Agreement which is or may likely make Contractor "financially
interested," as provided in Government Code Section 1090 and 87100, in any decisions
Page 6 of 9
Public Works Agreement C-13
made by City on any matter in connection with which Contractor has been retained
pursuant to this Agreement.
29. Third Party Claims. City shall have full authority to compromise or otherwise settle any
claim relating to the Agreement at any time. City shall timely notify Contractor of the
receipt of any third-party claim relating to the Agreement. City shall be entitled to recover
its reasonable costs incurred in providing this notice.
30. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in
this Agreement nor any part thereof, whether by assignment or novation, without the
City's prior written consent. Any purported assignment without written consent shall be
null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the
City and its officers, officials, employees, agents and representatives with respect to any
claim, demand or action arising from or relating to any unauthorized assignment.
31. Applicable Law. The validity, interpretation, and performance of this Agreement shall be
coFltrolled by and construed under the laws of the State of California, excluding
California's choice of law rules. Venue for any such action relating to this Agreement
shall be in the Los Angeles County Superior Court.
32. Titles. The titles used in this Agreement are for convenience only and shall in no way
define, limit or describe the scope or intent of this Agreement or any part of it.
33. Authority. The person executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
34. Entire Agreement. This Agreement, including any other documents incorporated herein
by specific reference, represents the entire and integrated agreement between City and
Contractor. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be modified or amended, nor
any provision or breach waived, except in a writing signed by both parties which
expressly refers to this Agreement.
35. Construction. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
36. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more
of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by the City
of any payment to Contractor constitute or be construed as a waiver by the City of any
breach of covenant, or any default which may then exist on the part of Contractor, and
the making of any such payment by the City shall in no way impair or prejudice any right
or remedy available to the City with regard to such breach or default.
37. Notice. Except as otherwise required by law, any notice or other communication
authorized or required by this Agreement shall be in wri ting and shall be deemed
Page 7 of 9
Public Works Agreement C-14
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. Les M. Jones, II, Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONTRACTOR:
The address listed in Exhibit "B."
38. Counterparts. This Agreement .may be executed in counterpart originals, duplicate
originals, or both, each of which is deemed to be an original for all purposes.
39. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
[signatures on next page]
Page 8 of 9
Public Works Agreement C-15
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and
year first above written.
CITY OF RANCHO PALOS VERDES
By: ___________ _
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
John Simich Construction, Inc.
("CONTRACTOR")
Printed Name: ---------
Title:------------
By: ___________ _
Printed Name:
~--------
Title: ------------
Page 9 of 9
Public Works Agreement C-16
Exhibit 11 8 11
BID SCHEDULE
INCLUDES ALL WORK TO BE DONE ON
ANNUAL SIDEWALK REPAIR PROGRAM FISCAL YEAR2012-2013
IN THE
CITY OF RANCHO PALOS VERDES
BID SHEET
NAME OF COMPANY:~H N --··-s;HM t..(qi
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 projec-t identified as ANNUAL
SIDEWALK REPAIR PROGRAM PISCAL YEAR 2012-2013 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 TABLE
~~~. ~:a~c Contee! :::~ ·--·-·-·-----·· .. --·--·-~
RIPTlON ESTIMATED !lliIT PRICE EXTENDED
QUANTITY UNIT AMOUNT
-·--.. ··-···--
1 LS $ -f Oi'!XP $ L(Of.>C;> r----·--·----·-----·--·--···---
2 Remove and Replace
-----~--··---··--·--··-· ... -·~-............... .......... _ ... .......... -... -...... _ .. _ .. _. .... _. __ .
4" PCC Sidewalk 10,000 SF $ S <.?? $ t:; q 5."'DD
3
4
---.. -·
Remov~ and Replace 6" PCC Sidewalk
-·~-...... -....... _ ,, ............. _______ -
PCC curb and gutter, Remove and Replace ·
including a l' A.C. cu rb slot
··---·--
--------................... ___
--
2,500
200
-·--·-i-----t-~-,
SF $ 7 st:J $ t 't,7¢
LF $ ·7~ $ (~~ l ··----.. -·--·---
TOTAL BASE BID $ 'l12.5LJ
/
TOT AL BASE BID AMOUNT IN WORDS:
&/Vit:/*Y $"/£:11£/Y /r/t#~.f:&.~t:2. __ z;.~~~~~~~~~'---.L~~G~~~~V" ~ i.,
Name of Company:~ Ja tr£JJ.,,) S ~ ~'.kprC.l;q Co!.2 :£1 tL !J,{f,~l ~4 l Tt2(.,!.
Cost of implementation of traffic control, SWPPPs, and BMPs shall be included in the above unit
costs. Cost of all export of material shall be included in the above unit costs. No additional
compensation will be granted.
The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE BID.
A bidder must review the plans and specifications prior to submission of his, her or its bid and
report any errors or omissions to the City. What errors or omissions do you wish to report, if any?
6.---;1-· -···· ~-_.,,.
Note: Delete SSPWC Section 3-2.2.1 through 3-2.2.3. The City reserves the right to adjust unit quantities
and scope of work as neeessary to meet projeet and budgetary requirements.
p -3
C-17
Exhibit "B"
ADDITIVE BID ITEMS
The City may award selected additional additive work to the contract at the following bid prices. Work
may be added as budget funding and program requirements allow. Award of any additional work is at the
discretion of the City.
ADDITIVE BID SCHEDULE Al --.. ·-·-·--·-----····--·· .. -···--..
EM DESCRIPTION ESTIMATED UNIT PRICE EXTENDED
0. QUANTITY UNIT AMOUNT
--········ .... [...,..,,.,.,~, ..
;:cts 17s:o l Remove and Replace 4" PCC Sidewalk 1650 SF $ $ -,__._,, __ ....... _. ______ , ________ --___ .. __ ....
2 Remove and Replace 6" PCC Sidewalk 550 SF '$ 7 'Se' $ f (ZS-
·-···· .. -· .. ·-··-·-··-· .. ---........ , .. ,,~-"m•••••-•-• ·--·-···----· _, .. , ... ,. ... _______
3 Remove and Replace PCC curb and gutter, 175 LF $ /<£.-. $ 13, !2.§"' including a I' A.C. curb slot , ;:;;.
----
TOTAL BID SCHEDULE Al= $ Z76G74X>
/ ·------· ----
ADDITIVE BID SCHEDULE A2 __ . __ ..,..,.,, ................ ___________ T""'"'------·-r-----,.....-----r------
ITEM
NO. DESCRIPTION ESTIMATED UNIT PRICE EXTENDED
QUANTITY UNIT AMOUNT ·-----------------l-..:=::::::::::::::::::::::::::.__j_ ___ .. ---···-===··· ::::: ___ ...).__:=::=:=..--1
1500 SF $ .:;;q,•-r $ ~q'Z.5 .~
·······------·······---···------·--·--··---····---·---··-·····----+-------+----+----r-----········
Remove and Replace 4" PCC Sidewalk
2 Remove and Replace 6" PCC Sidewalk 1800 SF $ 7 i:t:' $ i 'S,, SOC)
-----·--·-i--·--B----·-·•-•••••
3 Remove and Replace PCC curb and gutter,
including a 1' A.C. curb slot 75
-·--·---------------'-------'-----'--------·-··-··-········ ... ·········--·········--·······-··········------
TOTAL BID SCHEDULE A2 = $ 2 ff DS:C
--·-------·--·····-······-··-········---·······--············ ···················-·····--·-···-·--·-··-·-················--···········-···· ..................... ·-···--··-""··-·-----...l......-.......L.'--___;
Name of Company:_J ___ o_t_-t_l.J __ ..... £ ....... h-..,.W!: ..... ,....,i=a ..... ~=:J ___ u __ ~--..:..rV.:::...· .... ~""-'-I ....... !12.""'1i ..... {=<t---T.......,to.__.l\'""')-~ _
Cost of implementation of traffic control, SWPPPs, and BMPs shall be included in the above unit
costs. Cost of all export of material shall be included in the above unit costs. No additional
compensation will be granted.
The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE BID
P-4
C-18
June 3, 2013
Mr. Melissa Murphy
Municipal Engineering
Land Swveying
Infrastructure
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: . Field Engineering Servi<?es Proposal -Annual Sidewalk Repair Project FY
2012-13 Inspection
Dear Melissa:
In response to the Request for Proposal, Merit Civil Engineering is pleased to submit our
proposal to provide inspection services for the Annual Sidewalk Repair Project FY2012-13.
This proposal will outline our recommendation for inspection activities for the project, proposed
scope of services, schedule and the level of coverage anticipated.
PROJECT UNDERSTANDING
The City will award a construction contract soon to repair sidewalks in the residential areas 3
and 5. In order to maintain quality, continuity and to address issues as they arise during
construction, full time inspection is warranted. Also, it will be important to ensure the contractor
provides adequate traffic control and access during work hours.
The following activities are recommended to manage the construction:
• Adequate BMP installations to control surface water and construction debris
• Effective traffic control monitoring
• Site and construction inspection on a full time basis including daily reports
• As built improvements in tabular format.
The contract time for the sidewalk project is approximately 30 working days. Therefore, the
inspection time estimated to establish a budget for the actual inspection of the project is 30 days at
8 hours per day. Ed Pratt will be the primary Inspector with me covering as the fill-in inspector, if
needed.
Merit Civil Engineering, Inc.
12391 Lewis Street, Suite 201
Garden Grove, CA 92840
Office: (714) 748-0531
Fax: (714) 748-0681
C-19
SCHEDULE
Proposal to City of Rancho Palos Verdes
Annual Sidewalk Repair Project Inspection
June 3, 2013
Page 2of2
Construction is scheduled to begin in late June or early July.
COMPENSATION
The proposed total Not-to-Exceed fee for the above-described services is $ 25,000.00 for the
inspection.
Incidental costs relative to the assignment for office supplies, travel, phone calls, etc. are
included in the above quoted Not-to-Exceed fee.
We look forward to assisting you on this assignment. Please contact me with any questions you
may have:
Respectfully,
MERIT CIVIL ENGINEERING, INC.
Robert Merrell, P.E.
President
2 Merit Civil Engineering, Inc
C-20