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RPVCCA_CC_SR_2013_07_16_H_Areas_3&5_Residential_Street_Improvement_ProjectCrTYOF MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR & CITY COUNCIL MEMBERS LES M. JONES II, INTERIM DIRECTOR OF PUB5 ~s JULY 16, 2013 u · AWARD CONTRACTS FOR CONSTRUCTION, CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIALS TESTING SERVICES FOR THE FY2011-2012 AREAS 3 AND 5 RESIDENTIAL STREETS IMPROVEMENT PROJECT -PHASE II (SUPPORTS 2013 CITY COUNCIL GOAL #4, PUBLIC INFRASTRUCTURE -CITYWIDE STREET MAINTENANCE) CAROLYN LEHR, CITY MANAGER c9-- Melissa Murphy, Associate Engineer trJ<.fr RECOMMENDATIONS 1. Approve the construction plans and project specifications on file in the Public Works Department for the FY 2011-2012 Areas 3 and 5 Residential Streets Improvement Project -Phase II. 2. Award a construction contract to VSS International, Inc. in the amount of $1,200,000, and a professional services agreement for the construction management, inspection, and materials testing to Merit Civil Engineering, Inc. in the amount of $178,947, and authorize Staff to utilize an additional 10% ($137,895) for project contingency. 3. Authorize the Mayor and City Clerk to execute the agreements. BACKGROUND Every year the City implements residential street rehabilitation project as part of its street improvement program. This current project includes two areas in the City, one next to Hawthorne Bl and Silver Spur Rd (Area 3) and the other next to Hawthorne Bl and P.V. Dr. West (Area 5). The first phase of this project has been completed, and this second phase performs a few final roadway preparations as well as the actual resurfacing of the residential streets. H-1 FY11-12 Residential Streets Improvement Project, Areas 3 and 5 -Phase II July 16, 2013 Page 2 ANALYSIS Construction Contract The project was publicly advertised and sealed bids were received and opened on June 26, 2013. The bidders were given a choice between two pre-determined, comparable options for resurfacing some of the streets that were determined to be in poorer condition during project design. VSS International, Inc., who selected the option of Asphalt Rubber Aggregate Membrane (ARAM) instead of Asphalt Concrete Overlay for these select streets in the project, submitted the lowest responsive bid out of the eight bids received. The following table summarizes the bids received: BID SUMMARY Construction Companies Bid Amount VSS International, Inc. $1,200,000.00 Pavement· Coatinqs Co. $1,226,600.00 Shawnan $1,342,950.00 All American Asphalt, Inc. $1,398,000.00 Hardy and Harper, Inc. $1,414,000.00 Excel Pavinq Company $1,427,290.00 Minco Construction $1,777,750.00 Griffith Company $2,539,300.00 Staff has verified VSS International, lnc.'s references and found their past performance on jobs of similar size and scope to be satisfactory. VSS International, Inc. has performed work for several agencies throughout California, Nevada, and Arizona. Their bid, bonds, and insurance documents are in order and their contractor's license is current. Construction Management. Inspection. and Materials Testing To ensure first-class work, materials, and workmanship during construction, construction management, inspection, and materials testing services are needed to oversee construction activities and verify specification compliance. Staff solicited proposals through the RFP process, and Merit Civil Engineering, Inc. was selected as the preferred consultant, based on their qualifications, extensive experience, and institutional knowledge through working on past similar City projects. The cost for this project's construction management, inspection, and materials testing services will be approximately $178,947. 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 bid prices. FISCAL IMPACT The recommended action will result in a total project authorized expenditure of $1,516,842. Funding for the project is included in the Street Improvements Program of the FY11-12 and FY12-13 budgets. The City Attorney has reviewed and approved the construction agreement and professional services agreement. Attachments: Project Location Map VSS International, Inc. Construction Contract Agreement Merit Civil Engineering, Inc. Professional Services Agreement H-2 0 250 500 , 000 ~-.-I I 1"= 500' SCALE IN FEET NO. l DAlE """""""" """'"'"" REVISIONS DESIGNED __gs_ DRAWN __Q$_ CHECKED ~ DATE ~ SEE SHEET-20 (ADA CURB RAMPS) PLANS PREPARED BY: II KOA CoRPORA.noN CBM CONstlL'I1NG 1411W.l!i1011iST.SUITE525 G1ni....,CAll024ll Td:(:ltD):la-0102 Fn:(.!llD/329-1021 CITY OF RANCHO PALOS VERDES !~I ~i WESTERN AVE & SEE SHEET-10 &18 ,.C«~\A~r-~111!1.,£\.-..i!h,..<Y•::t~<V.-!!11!23\1!11111 CREST RD & WHITLEY COLLINS DR SUNMIST DR SEE SHEET-10 & 18 VIA CANADA & VIA DE ANZAR SEE SHEET-10 & 18 MIRALESTE PLAZA SEE SHEET-10 & 18 RESIDENTIAL STREES IMPROVEMENT PROJECT AREA 3 & 5 -PHASE II INDEX MAP SHEET 2 OF 20 SHT. 2 PROJECT NO. 004912 H-3 CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT THIS AGREEMENT ("Agreement") is made and entered this sixteenth day of July, 2013, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and VSS International, Inc. ("Contractor''). Contractor's license number is 293727. 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 RESIDENTIAL STREETS IMPROVEMENT PROJECT -PHASE 11, FISCAL YEAR 2011-2012, AREA 3 AND AREA 5 ("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 in 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. 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of one million, two hundred thousand dollars C-1 H-4 ($1,200,000) 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. 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. C-2 H-5 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 or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall not be excused from any scheduled completion date prqvided 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 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 C-3 H-6 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 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 C-4 H-7 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 exi$ting conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 19. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 21. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to C-5 H-8 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 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 C-6 H-9 City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 31. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 32. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 33. Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 34. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 35. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 36. Non-waiver of Terms. Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 37. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: 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: C-7 H-10 The address listed in Exhibit "A." 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] C-8 H-11 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. ATTEST: City Clerk Dated: __________ _ C-9 CITY OF RANCHO PALOS VERDES Mayor APPROVED AS TO FORM: City Attorney VSS International. Inc. ("CONTRACTOR") By: ___________ _ Printed Name:-------- Title:----------- By: ___________ _ Printed Name: -------- Title: ----------- H-12 Exhibit A PROPOSAL CITY OF RANCHO PALOS VERDES RESIDENTIAL STREETS IMPROVEMENT PROJECT -PHASE II FISCAL YEAR 2011 ~2012, AREA 3 AND AREA 5 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, firm 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, notice 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 pe1fonned 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 pa1t of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal is Bid Bond :{Insert'!$ c~," "Cashier~ ·€heck;" t'eettifu:d-clreek,11 or .fBid lfo11£9 as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter, defaults in executing the required contract, with necessary bonds and documents, within ten ( 10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. Licensed in accordance with an ac ding for the registration of contractors, California Contractor's License No. 293727 -&~iBxpiration Date-'3=/-"'3_,_1;..;:/2=0'-"1;...;:5'------- Signature(s) of bidder: _ _ __ ,_ If an individual, ate. If a firm or co-partnership, state the firm name and give the names of all individual co-pa ners composing the film. If a corporation, slate 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. p" 1 H-13 Legal Business Name: VSS International, Inc. Address: 3785 Channel Dr. West Sacramento, CA 95691 Telephone: (916) 373-1500 Contact: Tim Schmid Proposals whicl1 do not show the number and date of the Bidder's License under the provisiollS 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 Verdes RESIDENTIAL STREETS IMPROVEMENT PROJECT -PHASE JI, FISCAL YEAR 2011-2012, AREA 3 AND AREA 5 Bid Date 0/1.0, i '3 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 sha11 be submitted for each particular partnership, joint venture, corporate or individual bidder. The bidder may attach any additional information 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 smrnunding any and all fatalities. P-2 H-14 BID SCHEDULE INCLUDES ALL WORK TO BE DONE ON RESIDENTIAL STREETS IMPROVEMENT PROJECT -PHASE II FISCAL YEAR 2011-2012 AREA 3 AND AREA 5 IN THE CITY OF RANCHO PALOS VERDES BID SHEET NAME OF COMPANY: vss International, Inc. To the Honorable Mayor and Members of the City Council: In co.rppliance 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 RESIDENTIAL STREETS IMPROVEMENT PROJECT -PHASE lI, FISCAL YEAR 2011-2012, AREA 3 AND AREA 5 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: BASE BID SCHEDULE -AREA 3 AND AREA 5 PAVEMENT REHABILITATION ITEM DESCRIPTION ESTIMATED I1filI PRICE EXTENDED NO. QUANTITY UNIT AMOUNT ""' $ ,_ 1 Mobilization 1 LS $3~6"10;~ ZE:; C'fo. 2 Survey Monument Documentation and 1 LS $~,soo.~· $ 1, 1 51'.Jo, ~ Restoration 3 Traffic Control I LS $ 53, loo. iz;.. $ fi"J, loo. 0~ ..... _ Stormwater Pollution Prevention Best Pf~ ff~ 4 Management Practices 1 LS $ • $ I • 1.,:Joc.~ ;J,, 3o.!". ~ "'·····-·-· Adjust Sewer or Storm Drain Manhole Frame (!)"1 $:16,. ~o. ~ 5 and Cover to Grade 130 EA $~f'.3.- ··~·· Remove Existing Thermoplastic and Painted 67, o{J., '!.!. 6 Striping and Markings, and Raised Pavement 1 LS $~ $57. 0"2--~ Markers; Install and Maintain Temporary ff Removable Reflective Tabs and Cat TrackinR: Crack Routing and Sealing; Preparation for VI?-OCJ 7 Paving 1 LS $ 10,oci".= $ lo, 0 =--- Remove Existing and Construct PCC Curb 8 Access Ramp With 3' x 4' Truncated Dome 12 EA $'f,017_'?..!-$ 4 e, t.a't • &.JY Surface, Curb & Gutter and AC Slot Patch ·~·-· Remove Existing and Construct PCC Curb 9 Access Ramp With 3' x 4' Truncated Dome 8 EA $ Y, 1)7 • '!!!--$6'J; O'K ~ Surface, PCC Spandrel and AC Slot Patch .. P-3 H-15 Contractor shall propose on one asphalt pavement resurfacing, Option A or B, listed below: PAVEMENT RESURFACING OPTION A~ ARAM -···· Microsurface Slurry Seal over Asphalt /Ii $35/,Soo. ~ 10 Concrete l,850,000 SF $0·"-' 11 Microsurface Slu11-y Seal over ARAM 775,000 SF $0.4!. $16~ 750. ~ - 12 Asphalt Rubber Aggregate Membrane 775,000 SF $ o. '1.£ $371,00o.~ (ARAM) OR PAVEMENT RESURFACING OPTION B -AC OVERLAY .. 10 Asphalt Concrete Pavement Edge Mill and 360,000 SF $ $;vo 61•-:J Disposal .. . - 11 Asphalt Concrete Paveme11t Overlay 8,400 TN $ $ .vo SIC! 12 Microsurface Slurry Seal 1,725,000 SF $ $ ,_;,. $/O TOTAL BID AMOUNT IN WORDS: NAME OF COMPANY: vss International, Inc. The contract shall be awarded to the lowest resp_onsible bidder based on the TOTAL 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, regardless of which option is chosen between Option A and Option B. A bidder must re-view the plans and specifications prior to submission of his, her or its bid and report any err01·s or omissio s to the City. What errors or omissions do you wish to report, if any? . n· ·------ 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 necessary to meet project and budgetary requirements. p.4 H-16 CITY OF RANCHO PALOS VERDES PROFESSIONAL/TECHNICAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 16th day of July 2013, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Merit Civil Engineering, Inc. (hereafter referred to as "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: FY2011-2012 Areas 3 and 5 Residential Streets Improvement Project -Phase II, Project No. 004912 1.2 Description of Services CONSUL TANT shall: provide Construction Management, Inspection, and Materials Testing Services, as described in the CITY's Request For Proposals, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and in CONSULTANT's Proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, 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 CONSUL TANT's control or without CONSUL TANT's fault. R6876-0001\1347726v1 .doc ARTICLE 2 COMPENSATION Page 1 of 11 Agreement for Professional!Technical Services H-17 2.1 Fee CITY agrees to compensate CONSUL TANT an amount not to exceed one hundred and seventy-eight thousand, nine hundred and forty-seven dollars ($178,947) for services as described in Article 1. 2.2 Payment Address All payments due CONSULTANT shall be paid to: Merit Civil Engineering, Inc. 12391 Lewis Street, Suite 201 Garden Grove, CA 92840 2.3 Terms of Compensation 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 CONSUL TANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due 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 CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.4 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. 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. 2.5 Term of Agreement Page 2 of 11 R6876-0001\134 7726v1 .doc Agreement for Professional/Technical Services H-18 This Agreement shall commence on July 17, 2013, and shall terminate on June 30, 2014, unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification To the maximum extent permitted by law, CONSULTANT shall defend, indemnify, and hold the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers (collectively "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, CONSUL TANT shall defend lndemnitees at CONSULTANT'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 CONSUL TANT 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 CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability 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 to do business in the State of Page 3 of 11 R6876-0001\134 7726v1 .doc Agreement for Professionalffechnical Services H-19 California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain,. and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation 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. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, 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 fo'rce 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 Page 4of11 R6876-0001\1347726v1 .doc Agreement for Professionalrrechnical Services H-20 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 CONSUL TANT 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 anytime, with or without cause, by the CITY upon thirty (30) days prior written notice or by CONSULTANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.14. (b) In the event of termination or cancellation of this Agreement by CONSUL TANT or CITY, due to no fault or failure of performance by CONSUL TANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, 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 CONSUL TANT 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 CONSUL TANT 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. CONSUL TANT shall not obtain or attempt to obtain copyright protection as to any Page 5of11 R6876-0001\134 7726v1 . doc Agreement for Professional/Technical Services H-21 Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. 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 tq 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 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 CONSUL TANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. Page 6of11 R6876-0001\1347726v1 .doc Agreement for Professional/Technical Services H-22 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 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSUL TANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. 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. 6.4 CONSUL TANT's Representations CONSUL TANT represents, covenants and agrees that: a) CONSUL TANT 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, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.5 Conflicts of Interest CONSUL TANT 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 CONSULTANT has been retained pursuant to this Agreement. 6.6 Legal Action (a) Should either party to this Agreement bring legal action against the Page 7of11 R6876-0001\1347726v1 .doc Agreement for Professional/Technical Services H-23 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 CONSUL TANT require the testimony of CONSUL TANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSUL TANTfor its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSUL TANT 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 CONSUL TANT'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 CONSUL TANT notifies the CITY in advance. 6.8 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 CONSUL TANT or any of the CONSUL TANT'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. CONSUL TANT 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. CONSULTANT agrees to pay all Page 8of11 R6876-0001\1347726v1 .doc Agreement for Professional/Technical Services H-24 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. CONSUL TANT shall fully comply with the workers' compensation law regarding CONSUL TANT and its employees. CONSUL TANT 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 CONSUL TANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and 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. 6.11 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to 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. 6.13 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise Page 9 of 11 R6876-0001\134 7726v1 .doc Agreement for Professional!fechnical Services H-25 unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during 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: To CITY: Les M. Jones, II, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSUL TANT: Robert Merrell, President Merit Civil Engineering, Inc. 12391 Lewis Street, Suite 201 Garden Grove, CA 92840 [Signatures on next page.] Page 10 of 11 R6876-0001\1347726v1 .doc Agreement for Professionalffechnical Services H-26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: ___________ _ Dated: ___________ _ ATTEST: By: ____________ ~ City Clerk Merit Civil Engineering, Inc. ("CONSUL TANT") By: __________ _ Printed Name:--------- Title: ____________ _ By: ____________ ~ Printed Name:--------- Title: ____________ _ CITY OF RANCHO PALOS VERDES ("CITY") By: ___________ _ Mayor APPROVED AS TO FORM: By: ____________ _ City Attorney Page 11 of 11 R6876-0001\1347726v1 .doc Agreement for Professionalffechnical Services H-27 Exhibit "A": City's Request For Proposals Exhibit "A" R6876-0001\134 7726v1 .doc H-28 Exhibit A CITY OF RANCHO PALOS VERDES PUBLIC WORl<S DEPARTMENT June 18, 2013 City of Rancho Palos Verdes Request for Proposal for Construction Management, Inspection, and Materials Testing Services The City of Rancho Palos Verdes requests proposals from selected qual.ified consulting engineering firms to provide construction management, inspection, and materials testing services related to the City's Residential Street Improvement Project. The successful firm will provide Construction Management, Inspection, and Materials Testing Services for the City's Residential Street Improvement Project FY11-12, Areas 3 and 5, Phase II. The City is particularly looking for proposals with staff having prior experience overseeing Asphalt Concrete (AC) overlay, Asphalt Rubber Aggregate Membrane (ARAM), and microsurfacing pavement resurfacing treatments. To be considered for this project, submit four (4) copies of the proposal to the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, phone number (310) 544-5252, no later than 4:00 PM, on Friday, June 28, 2013. The City's budget for Phase II of the proposed project is roughly $1.6M and is currently being advertised for construction bids. It is the City's desire to begin constructing improvements in August of 2013 and the project is given 40 working days for completion. The construction contractor has been given the option of bidding the project using ARAM or AC Overlay on pre-defined streets within the project as indicated in the plans, so the lowest responsible bid will determine which of these two resurfacing treatments is used on these select streets. The remaining streets in the project will receive only microsurface slurry seal, regardless of whether ARAM or AC Overlay is applied to the other streets. The installation of 20 PCC ADA-compliant curb access ramps is also included in the project. The scope of work is defined below. SCOPE OF WORK CONSTRUCTION MANAGEMENT SERVICES (a) Oversee Inspection and Manage Project Construction (b) Review Daily Inspection Reports before submittal to City 30940 HAWTHORNE BoULEVARD I RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5252 I FAX (310) 544-5292 /WWW PALOSVERDES COM/RPV , PRINTED ON f~ECYCLEO flAPER H-29 City of Rancho Palos Verdes Request for CM, Inspection, and Matenals Testing Proposal Residential Streets Rehabilitation Project-Phase II FY 11-12 6/18/2013 Page 2 ot'7 (c) Ensure compliance of work performed with specs (d) Attend Weekly Progress Meetings (e) Attend Pre-Construction Meeting (f) Serve as liaison between City and construction .contractor (g) Respond to resident concerns in a timely fashion (h) Final Deliverables INSPECTION SERVICES (a) Inspect work for compliance with specs at all times work is in progress (b) Prepare Daily Inspection Reports · (c) Attend Pre-Construction Meeting MATERIALS TESTING SERVICES It is requested to have materials testing to confirm compliance with specifications for the AC overlay, ARAM, and microsurface slurry seal materials. Please include the name of the materials lab/testing firm that will be used and the turn-around time for the test results to be provided to the City for each test. Timely turn-around of lab test results is an important aspect of this work. Furthermore, the City shall receive a comprehensive notebook binder that includes all of the test results upon completion of the project. The materials testing lab used shall be AASHTO-accredited and Caltrans-certified, and all technicians shall be certified in these testing methods. The City's expectations and anticipated scope of work for the materials testing includes: Asphalt Concrete Overlay Phase (if AC Overlay option used for project): 1. Full-time batch plant inspection for the first two days of overlay placement; frequency will be at the discretion of the City thereafter. 2. Testing shall include gradation/sieve analysis, asphalt content, air voids, bulk specific gravity of cores, and stability to meet Greenbook specifications 3. Loose asphalt mix samples shall be obtained per Greenbook specifications. 4. Nuclear gauge testing for proper compaction in the field. 5. 500-ton lots shall be assumed, using a stratified-random sampling method. 6. Field samples shall be obtained and transported by a technician certified in AC Overlay testing methods H-30 City of Rancho Palos Verdes Request for CM. Inspection, and Materials Testing Proposal Residential Streets Rehabililnllon Pr~1ect -Phase II FY 11-12 6/1812013 Page 3 of? Asphalt Rubber Aggregate Membrane Phase (if ARAM option used for project): 1. Testing to ensure product meets the Greenback specifications for ARAM, including field viscosity test 2. Field samples shall be obtained and transported by a technician certified in ARAM testing methods Microsurface Slurry Sealing Phase: 1. Field samples shall be obtained and transported by a technician certified in microsurface testing methods 2. Perform full set of tests on each sample to determine acceptable emulsion percentage and residual asphalt, in accordance with California Test 310 (extraction test), wet track abrasion, and aggregate compliance (sieve analysis and sand equivalent). 3. Testing shall be per Greenbook, AASHTO, ASTM, !SSA, and California test methods to ensure compliance with specifications. Clerical services and materials to carry out items listed above shall be incorporated into the costs of the appropriate items. FORM OF PROPOSAL The Proposal shall be prepared in a "two sealed envelope" format. The first sealed envelope shall contain the technical proposal and shall include: 1. Qualifications and experience of the key individuals assigned to this contract. 2. Qualifications and experience of the firm 3. Project Approach utilizing the outline of required work as listed above The second envelope shall contain the cost proposal and shall be outlined as indicated below: Item Amount Comments Item 1 -Construction Management Services (a) Oversee Inspection and Manage Project $ Construction (b) Review Daily Inspection Reports before submittal to City (c) Ensure compliance of work performed with specs (d) Attend Weekly Progress Meetings (e) Attend Pre-Construction Meeting (f) Serve as liaison between City and construction contractor (g) Respond to resident concerns (h) Final Deliverables H-31 City of Rancho Palos Verdes Request for CM, Inspection, and Matcnals Tesling Proposal Res1denual Streets Rehabil itauon Project -Phase II FY I 1-12 6/18/2013 Page 4 of7 Item 2 -Inspection Services (a) Inspect work for compliance with specs at all times work is in progress (b) Prepare Daily Inspection Reports (c) Attend Pre-Construction Meeting Item 3 -Materials Testing Services (a) AC Overlay Testing (b) ARAM Testing (c) Microsu~ace Slurry Seal Testing (d) Final Deliverables GRAND TOTAL EVALUATION PROCESS $ $ $ $ $ $ Technical proposals received will be evaluated on the following criteria: 1. Experience of firm in performing this type of service. 2. Relevant experience of individual team members assigned to the project. 3. Understanding of project as demonstrated by the thoroughness of the proposal. 4. References from clients for whom similar work was performed. 5. Depth of staff available to perform services. 6. Previous work in RPV performed by the firm. 7. Previous work in RPV performed by members of the proposed team. 8. Interview (if applicable) All questions are to be submitted in writing to City of Rancho Palos Verdes Department. of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Attention: Melissa Murphy. Questions may be submitted via fax to (310) 544-5292 or e-mail to melissam@rpv.com. All questions must be received by Tuesday, June 25, 2013. H-32 C1l} of Rancho Pal\ls Verdes Request for CM, Inspection, and Materials Testing Proposal Rcs1dcntiul StreclS Rehabilitation Project-Phase 11 FY 11-12 6118/2013 Page 5 of7 Please note that the responses to this request for proposal are subject to the following conditions: Insurance The City of Rancho Palos Verdes requires the selected firm to have a minimum of $1,000,000.00 of general liability insurance, with $2,000,000.00 aggregate (listing the City as additional insured), a minimum of $1,000,000.00 professional liability insurance, and a minimum of $1,000,000.00 of automobile liability insurance, with $2,000,000.00 aggregate, prior to entering into an agreement with the City. Acceptance of Terms Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the proposal. Right of Rejection by the City Not withstanding any other provisions of this RFP, the City reserves the right to reject any and all proposals and to waive any informality in a proposal. Financial Responsibility The proposer understands and agrees that the City shall have no financial responsibility for any costs incurred by the proposer in responding to this RFP. Interview If successful, the proposer will be invited to participate in an interview. The interview will be a part of the final selection process. Award of Contract The selected firm shall be required to enter into a written contract with the City of Rancho Palos Verdes, in a form approved by the City Attorney, to perform the prescribed work. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the final contract; however, the City reserves the right to further negotiate the terms and conditions of the contract with the selected consultant. The contract will, in any event, include a maximum ''fixed cost" to the City of Rancho Palos Verdes. Conferences During the Proposal Preparation Period As of the issuance date of this RFP and continuing until the time for submitting proposal has expired, the City will provide relevant information and access to City facilities and H-33 City of Rancho Palos Y crdes Request for CM, Inspection, and Materials Testing Proposal Residential Streets Rehabilitation Project -Phase II FY 11-12 6/18/2013 Page 6 of7 documents as necessary for all proposers to familiarize themselves with the requirements set forth in the RFP. Access to City facilities shall be during normal business hours and will require at least twenty-four (24) hours advance notice. Number of Copies Required The proposer must submit four (4) copies of the proposal. Proposals must be received by the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, phone number (310) 544-5252, by the deadline indicated in this RFP. H-34 Ca~ orRru1cho Pnlos Verdes Request for CM, ln~pecllon, anc.I Materials Testing Proposal Rcs1dcnunl Streets Rchabilllation ProJCCL-Phase II FY 11-12 6118/2013 Page 7 uf7 Exhibit A Residential Streets Improvement Project FY 11-12, Areas 3 & 5, Phase II Project Scope Overview Major Project Component Tons SF Qty 1 S' AC Overlay Approx. 8400 NIA NIA Asphalt Rubber Aggregate Membrane (ARAM) NIA Approx. 775,000 NIA Approx. 1,802,500 -2, 702,500 (Depending on whether AC Overlay or Microsllrface Slurry Seal NIA ARAM is lowest responsible bid) NIA Concrete Curb Access Ramps NIA NIA 20 H-35 Exhibit "B": Consultant's Proposal, including Schedule of Hourly Rates Exhibit "B" R6876-0001\1347726v1 .doc H-36 June 28, 2013 Nicole Jules l'viunicipal Engineering Land Surveying Infrastructure Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Exhibit B Subject: Fee Proposal -Construction Management, Inspection and Materials Testing -Residential Street Rehabilitation Phase II Dear Nicole: We are pleased to offer our cost proposal to the City of Rancho Palos Verdes for this project. We have prepared a detailed t13sk breakdown, by classification and hourly rate, to develop the recommended compensation for this assignment. Please refer to the attached fee breakdown. ·-··-· .. ···---···-· ... . ........... -~ ..... Amount Comments ·-·-······-···· Item 1 -Construction Management Services $ 74,072. a. Oversee Inspection and Manage Proje ct Construction b. Review Daily Inspection Reports befor e submittal to City c. Ensure compliance of work performed with specs d. Attend Weekly Progress Meetings e. Attend Pre-Construction Meeting f. Serve as liaison between City and Con struction Contractor g. Respond to residents concerns h. Final Deliverables >---· -------.. ---····-·····-· Item 2 -Inspection Services $ 42,250. at all times work is ! a. Inspect work for compliance with specs in progress b. Prepare Daily Inspection Reports --·-·----~--· -----···-······ ·······················-··-·-··-- c. Attend Pre-Construction Meeting Item 3-Materials Testing a. AC Overlay Testing b. ARAM Testing c. Microsurface Slurry Seal Testing d. Final Deliverables GRAND TOTAL _,,_,,_, __________ _ Merit Civil Engineering, Inc. 12391 Lewis Street, Suite 201 Garden Grove, CA 92840 $ $ $ $ $ ·-·-····· 62,625. 16,698. 10,629. 51,996. Included 178,947. Time and Materials Estimate (Includes 5% markup) Office: (714) 748-0531 Fax: (714) 748-0681 I i ! H-37 Proposal to Rancho Palos Verdes Residential Street Rehabilitation Phase II FY 2011-12 Page 2 of 2 We are confident that our approach to this project will provide the City of Rancho Palos Verdes with and excellent program. We look forward to its implementation. If you have any questions regarding our proposal, please do not hesitate to call. Respectfully, Merit Civil Engineering, Inc. µ~uW«...--- Robert Merrell, P.E. President H-38 City of Rancho Palos Verdes. Construction Management, Inspection and Materials Testing • Residential Rehabilitation Phase fl. FY 2011·12 Fee Breakdown Cons tr. Inspect. Constr. GADD 2-Man Classification Manager Manager Inspector Draftsman Clerical Crew Total Billing Rate Outside Hourly Bi!linQ Rate $170 $170 $105 $108 $ 82 $245 Hours Summaiv Costs TASK BREAKDOWN Construction Phase-Construction Management 1. Provide effective team coordination including regular and consistent management and reporting. 16 8 24 $ 3,376 2. Conduct regular project meetings including pre- construction, progress and special meetings, as 16 8 8 32 $ 4,736 necessary. 3. Monitor Contractor's schedule and ensure compliance is maintained. 20 20 $ 3,400 4. Track progress quantities, budget and cost variations. 20 10 20 50 $ 7,200 5. Assist with payment request with detailed quantity 20 10 30 $ 5,100 summary. 6. Manage all communications between the City and the 20 Contractor. 20 $ 3,400 7. Manage all change order requests, claims and 20 disputes. 20 $ 3,400 8. Process all Requests for Information (RF!) between the 20 10 30 $ 5, 100 designers and the Contractor. 9. Manage materials testing to maintain quantity product. 16 16 $2.720 10. Assist in maintaining good public relations with the 20 public. 20 $ 3,400 11. Provide value engineering where appropriate. 20 20 $ 3,400 12. Maintain project notebook throughout the construction period and· furnish to the City. 10 20 20 50 $ 6,740 13. Prepare documentation for final payment to the 20 8 Contractor. 4 32 $ 5,088 14. Provide inspection and final punch list and documentation for final project acceptance. 10 8 18 $ 3,060 15. Maintain As-built drawings throughout the construction 12 12 $ 2,040 period. 16. Assemble and deliver all project records to the City al 4 4 $680 $ 250 the end of the project Subtotals 264 74 20 0 40 0 398 $ 62,840 $250 RPV-Res_Phase II_ 2011-12 Fee.xis MERIT CIVIL ENGINEERING. INC. Project Estimate June 28, 2013 Comments Gen. Reproduction $ 63,090 Page 1of2 H - 3 9 City of Rancho Palos Verdes. Construction Management, Inspection and Materials Testing· Residential Rehabilitation Phase II· FY 2011-12 Fee Breakdown Classification Cons tr. Inspect. Constr. GADD 2-Man Manager Manager Inspector Draftsman Clerical Crew Total Billing Rate Outside Hourlv Billina Rate $170 $170 $105 $108 $ 82 $245 Hours Summary Cos ls Post Construction Phase-Construction Management 1. Prepare As-built documentation 8 4 12 $1,688 2. Coordinate any warranty information 4 4 $680 3. Process final payment, retention release and 4 4 8 $1,008 $150 documentation for project close out. Subtotals 16 0 0 0 8 0 24 $ 3,376 $150 Construction Phase-Construction Observation 1. Conduct field investigation of the project area to become familiar with the existing facilities and project 4 4 $420 environment. 2. Compile a ph<ito log of existing improvements. 20 20 $ 2,100 3. Provide full time inspection observation of all construction activities to monitor material and methods to 320 320 $ 33,600 ensure compliance with the plans and specifications. 4. Prepare daily inspection and observation reports. 40 40 $4,200 5. Maintain communication with the Construction 16 16 $1,680 $ 250 Manager with all issues 0 0 400 0 0 0 400 $42,000 $250 Construction Phase-Materials Testing 1. Conduct Batch Plant and Field Materials Tes ting 40 8 48 $ 7,456 $ 62,625 Subtotals 40 0 0 0 8 0 48 $7,456 $62,625 Hours 320 74 420 0 56 0 470 -----_____ .. TOTALS Cost $ 54,400 $12,580 $44,100 $0 $4,592 $0 -----$115,672 $ 63,275 Notes 1. Fee estimate is based on 40 working day construction period. RPV-Res_Phase II_ 2011-12 Fee.xis MERIT CIVIL ENGINEERING, INC. Project Estimate June 28. 2013 -----, --- Comments Gen. Reproduction $ 3,526 Gen. Reproduction $ 42,250 Twining (See Attached\ Incl. 5% $ 70.081 ESTIMATED FEE $ 178,947 .00 Page2 of2 H - 4 0 RESIDENTIAL STREETS IMPROVEMENT PROJECT -PHASE II, FISCAL VEAR 2011-2012, AREA 3 AND AREA 5, PROJECT NO. 004912 City of Rancho Palos Verdes Prepared By Twining, Inc. June 24, 2013 Proposed Service Senior Asphalt Batch Plant Inspector Senior Asphalt Batch Plant Inspector (Each Additional Day) Sieve Analysis {CT 202) Loose Asphalt mix S~mpling and Testing [xtrncuan, Percem Aspha!! Conlf:nt. Grntiat1on {Cf 382) Hveem Slabii:ty lest (CJ 3b6) Hveem Mmnrnum Density (CT 304 and CT 308) Maximum T11eoret1cal Spu:1flc GraVHy (R!Cf Cl 309) Senior Asphalt Placement Technician with Nuclear Gauge Bulk Specific Gravity of Cores Proposed Service Senior Asphalt Placement Technician {Obtain Samples & Perform Field Viscosities} Extraction, Percent Asphalt Content, Gradation (CT 382} Percentage Wear of Aggregate Proposed Service Senior Asphalt Placement Technician (Obtain Samples) Extraction, Percent Asphalt Content per CT 382, % Residue by Evaporation per ASTM D244, Gradation Sieve Analysis (CT 202} of Slurry Seal Aggregate Sand Equivalent (CT 217) of Slurry Seal Aggregate Wet Track Abrasion Test (3 specimens fabricated and 1 tested per set) Proposal No 13-0921 6124/2013 Page 1 Days 2 2 5 5 5 5 5 5 1 Days 5 5 5 Days 16 16 16 16 16 Qty 16 1 4 JO 10 5 5 40 20 Qty 40 10 1 Qty 128 96 16 16 96 Assumed Quantity Unit Rate Amount Hours $114.00 I $1,824.00 Day $912.00 Each $161.00 $644.00 I Day $1,303.00 $6,515.00 Each 'f>223.00 tdch 1>22700 Each I $22700 E.ach 5176 00 Hours $123.00 $4,920.00 Each $100.00 $2,000.00 I Subtotal: $15,903.00 Assumed Quantity Unit Rate Amount Hours $192.00 $7,680.00 Each $223.00 $2,230.00 Each $213.00 $213.00 Subtotal: $10,123.00 Assumed Quantity Unit Rate Amount Hours $114.00 $14,592.00 Each $223.00 $21,408.00 Each $161.00 $2,576.00 Each $114.00 $1,824.00 Each $95.00 $9,120.00 Subtotal: $49,520.00 .6TWJN1NG Testing Turn-Around Time (From End of Shirt) 24 hrs, via E-mail PDF 24 hrs, via E-mail PDF 24 hr5. Vil\ E mad PDt 48 ms. v:a L mud 1-'Df '18 hrs. v:a E -111a1i PDF 24 hrs, via E mail PDr 24 hrs, via E-mail PDF Testing Turn-around time 24 hrs, via E-mail PDF 24 hrs, via E-mail PDF 24 hrs, via E-mail PDF Testing Turn-around time 24 hrs, via E-mail PDF 48 hrs, via E-mail PDF 24 hrs, via E-mail PDF 24 hrs, via E-mail PDF 48 hrs. via E-mail PDF H - 4 1