RPVCCA_CC_SR_2014_11_18_J_Residential_Street_Rehab_ProjCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS ti;)
NOVEMBER 18, 2014
AWARD CONTRACTS FOR CONSTRUCTION,
CONSTRUCTION MANAGEMENT, INSPECTION, AND
MATERIALS TESTING SERVICES, AND PROJECT
OVERSIGHT FOR THE FY2012-13 AND FY2013-14
RESIDENTIAL STREETS REHABILITATION PROJECT -
AREAS 1, SB, AND 9 (SUPPORTS 2014 CITY COUNCIL
GOAL #2, PUBLIC INFRASTRUCTURE -CITYWIDE
STREET MAINTENANCE)
CAROLYNN PETRU, ACTING CITY MANAGE ~
Project Manager: Melissa Countryman, Associate Engineer JrikU
RECOMMENDATIONS
1) Approve the construction plans and project specifications on file in the Public Works
Department for the FY2012-13 and FY2013-14 Residential Streets Rehabilitation
Project, Areas 1, 58, and 9 with a funding plan totaling $3,675,641;
2) Award a construction contract to American Asphalt South, Inc. in the amount of
$2,458, 715 for the project;
3) Award a professional services agreement to Vali Cooper & Associates, Inc. in the
amount of $283,052 for construction management, inspection, and materials testing
services;
4) Award a professional services agreement to Sunbeam Solar Technologies, Inc. OBA
Sunbeam Consulting in the amount of $42,000 for project inspection oversight;
5) Authorize Staff to utilize an additional 5% ($139, 189) for contingency;
6) Approve the encumbrance from the Street Maintenance Fund -Non Pavement in the
amount of $164,626 as a partial funding source for the FY2012-13 and FY2013-14
Residential Streets Rehabilitation Project; and
7) Authorize the Mayor and City Clerk to execute the agreements.
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FY12-13 and FY13-14 Residential Streets Rehabilitation Project -Areas 1, 5B, and 9
November 18, 2014
Page 2
BACKGROUND
Every year the City implements a residential street rehabilitation project as part of its street
improvement program. This current project combines two of these annual projects and
includes three residential areas in the City, one bordered by Hawthorne Blvd and Silver Spur
Road (Area 1), one bordered by Hawthorne Blvd, Crest Rd, and Palos Verdes Drive West
(Area 5B), and one bordered by Western Blvd (Area 9). The scope of this work includes
slurry seal, asphalt overlay, localized asphalt replacement for portions of the streets that
have been damaged by root intrusion or other causes, concrete curb and gutter, ADA access
ramps, a limited amount of concrete sidewalk, pavement striping, and updated signage.
ANALYSIS
Construction Contract
The project was publicly advertised and sealed bids were received and opened on October
29, 2014. American Asphalt South, Inc., submitted the lowest responsive bid out of the five
bids received. The following table summarizes the bids received:
BID SUMMARY
Construction Companies Bid Amount
American Asphalt South, Inc. $2,458,715.00
VSS International, Inc. $2,846,065.00
All American Asphalt, Inc. $3,029,000.00
Copp Construction, Inc. $3,288,637.00
Excel Paving Company $3,338,438.00
Staff has verified American Asphalt South, lnc.'s references and found their past
performance on jobs of similar size and scope to be satisfactory. American Asphalt South,
Inc. has performed similar work for several agencies throughout Southern California,
including the City of Carlsbad, City of Ontario, and County of Riverside. 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 Vali Cooper & Associates, Inc. was selected as the preferred consultant, based
on the project team's qualifications, extensive experience, and institutional knowledge
through working on past projects in the City. The cost for this project's construction
management, inspection, and materials testing services will be approximately $283,052.
Project Right-of-Way (ROW) Inspection and Oversight Contract
Sunbeam Consulting's Inspector for has been providing Public Works Inspection Services for
the City for over 8 years, and thus has an indispensable institutional knowledge of the City, in
addition to extensive experience in providing inspection services for the particular types of
construction work performed in this project. Due to the high profile nature of this project,
inspection oversight services are needed to coordinate field inspections, aid in project
reporting, and provide project management assistance. This professional services contract
is awarded based on qualifications, service history, and professional experience. Staff has
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FY12-13 and FY13-14 Residential Streets Rehabilitation Project -Areas 1, 5B, and 9
November 18, 2014
Page 3
verified that Sunbeam Consulting's rates are competitive with industry standard rates.
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 cost of $3,675,641. This project was
budgeted in FY2013-14 and was subsequently carried over to the FY2014-15 budget as a
continuing appropriation. Due to higher than originally estimated costs for professional
services needed, such as surveying, the total proposed allocations exceed the original
project budget by 5%, or $164,626. It is requested that this additional amount be funded by
the existing appropriation in the Sidewalk/Ramp account of the Street Maintenance Fund-
Non Pavement program, as there is sidewalk ramp and concrete repair work included in this
project. Therefore, no budget adjustment is requested. The City Attorney has reviewed and
approved the construction contract and professional services agreements.
PROJECT BUDGET
FY2014-15 Ai;mro12riation (Carried over from FY2013-14}
Residential Streets Rehabilitation Program, Areas 1, 5B, & 9 $3,511,015
Additional Funding Requested -Street Maintenance Fund-Non-Pavement ~164,626
A -Total Funding for Project Budget, As Modified $316751641
Previous Encumbrances for Design & Surveying (Council A1212roved on
4/15/14}
Design and Surveying for Areas 1, 5B, & 9 $679,685
Design and Surveying Contingency ~68,000
B -Total Encumbrances To-Date $747,685
Pro12osed Additional Encumbrances for Construction
Construction for Areas 1, 5B, & 9 $2,458,715
Construction Management, Inspection, & Materials Testing $283,052
Project ROW Inspection and Oversight $42,000
Construction and Construction-Related Services Contingency (5%) ~139,189
Total Project Authorized Expenditure $2,922,956
Ancillary Project Costs (Arborist Services) ~5,000
C -Total Proposed Additional Encumbrances for Construction $2,927,956
Total Project Budget (B + C) $3,675,641
Attachments:
Attachment A: Project Location Map
Attachment B: Construction Contract -American Asphalt South, Inc.
Attachment C: Professional Services Agreement -Vali Cooper & Associates, Inc.
Attachment D: Professional Services Agreement -Sunbeam Solar Technologies, Inc.
OBA Sunbeam Consulting
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Attachment A
AREA 5B
AREA 1
HAWTHORNE BLVD
PALOS VERDES DR WEST
AREA 9
WESTERN AVENUE
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Attachment B
CONTRACT
CITY OF RANCHO PALOS VERDES CONTRACT FOR
FY2012-13 & FY2013-14 RESIDENTIAL STREETS REHABILITATION PROJECT,
AREAS 1, SB, & 9
THIS CONTRACT ("Contract") is made and entered this eighteenth day of November, 2014
("Effective Date"), by and between the CITY OF RANCHO PALOS VERDES, a California
municipal corporation ("City") and American Asphalt South, Inc. ("Contractor"). Contractor's
license number is 784969.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting
Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-
Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory
agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans,
Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental
Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
In the event of any conflict between the terms of this Contract and any incorporated documents,
the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner
for the project identified as FY2012-13 & FY2013-14 RESIDENTIAL STREET REHABILITATION
PROJECT, AREAS 1, 5B, & 9 ("Project"), as described in this Contract and in the Contract
Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay
Contractor a not to exceed amount of two million, four hundred fifty-eight thousand, seven
hundred fifteen dollars ($2,458, 715) in accordance with the prices as submitted in Contractor's
Proposal, attached hereto as Exhibit "B" and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and
incorporated herein by this reference: Workers' Compensation Certificate of Insurance; Additional
Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement
(Automobile Liability); and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, 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 Contract. This assignment shall
be made and become effective at the time the City tenders final payment to Contractor without
further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that this Project is a public work to
which prevailing wages apply. The provisions of Section 7.A of the General Provisions shall apply
and are mandatory for this Project.
7. 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, by signing this Contract,
the Contractor certifies as follows:
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"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the Work of this Contract."
8. Titles. The titles used in this Contract are for convenience only and shall in no way define,
limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and
represents that he or she has the authority to execute this Contract on behalf of Contractor and
has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between City and Contractor.
This Contract supersedes all prior oral or written negotiations, representations or agreements.
This Contract 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 Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals,
or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first
above written.
ATTEST:
By:
City Clerk
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CITY OF RANCHO PALOS VERDES
Mayor
APPROVED AS TO FORM:
City Attorney
AMERICAN ASPHALT SOUTH, INC.
("CONTRACTOR")
By: ~~~~~~~~~~~~
Printed Name: -----------
Title: --------------
By:
Printed Name: -----------
Title: --------------
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PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
Bond No. __
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), State of California, has awarded
to _________________________________ ~
____________________________ ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
FY2012-13 & FY2013-14 RESIDENTIAL STREETS REHABILITATION PROJECT,
AREAS 1, SB, & 9
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the work, to file a good and sufficient payment Bond with the Public Agency to
secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part
6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and--------------
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency and all Contractors, Subcontractors, laborers,
material suppliers, and other Persons employed in the performance of the agreement and referred
to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal
sum of
Dollars ($ ), for materials furnished or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that
the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and
also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public
Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be
taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all
persons, companies, and corporations entitled to file claims under Title 3 (commencing with
Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil
wage and penalty assessment against the Principal, any of its Subcontractors, or both the
Principal and its Subcontractors pursuant to Labor Code Section 17 41, and upon expiration of the
time within which a joint labor management committee may commence an action against the
Principal, any of its Subcontractors, or both the Principal and its Subcontractors pursuant to Labor
Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the terms of the Contract or the Specifications accompanying the same shall in any manner
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affect its obligations on this Bond, and it does hereby waive notice of any such change, extension,
alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for
all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on
the date set forth below, the name of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
Public Agency Attorney
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of
the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A
PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR
TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact business in the
State where the Project is located.
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Bond No. -----
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to
----------------------------~
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
FY2012-13 & FY2013-14 RESIDENTIAL STREETS REHABILITATION PROJECT,
AREAS 1, SB, & 9
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful
performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and--------------
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of __________ _
Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, successors executors and
administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,
her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions in the
Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the Public Agency, its
officers, agents and employees, as therein stipulated, then this obligation shall become null and
void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorneys'
fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of the Contract or of the Work to be performed thereunder or the Specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract or to the Work or to the Specifications. Surety hereby waives the provisions of California
Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of
a party hereto.
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IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for
all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on
the date set forth below, the name of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated: -------------
"Principal"
By: --------------Its
By:
Its
(Seal)
"Surety"
By: ---------------Its
By: -------------~ Its
(Seal)
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
A Professional Corporation
By:
Public Agency Attorney
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of
the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A
PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR
TO DA TE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact business in the
State where the Project is located.
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WORKERS' COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Rancho Palos Verdes ("City") has required certain insurance to be
provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued
the policy or policies described below to the following named insureds and that the same are in
force at this time:
1. This certificate is issued to:
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
2. The insureds under such policy or policies are:
3. Workers' Compensation Policy or Policies in a form approved by the Insurance
Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
Its Authorized Representative
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ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured"):
Name and address of Insurance Company ("Company'}:
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")
or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Rancho Palos Verdes ("Public Agency"), its elected officials, officers, attorneys,
agents, employees, and volunteers are additional insureds (the above named additional insureds are
hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described
generally above with regard to operations performed by or on behalf of the Named Insured. The Additional
Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured
under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with
the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) Days before the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this notice
requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
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9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
o Contractual Liability
o Owners/Landlords/Tenants
o Manufacturers/Contractors
o Products/Completed Operations
o Broad Form Property Damage
o Extended Bodily Injury
o Broad Form Comprehensive
General Liability Endorsement
o Explosion Hazard
o Collapse Hazard
o Underground Property Damage
o Pollution Liability
o Liquor Liability
D
D
D
12. Ao deductible or o self-insured retention (check one) of$ __________ _
applies to all coverage(s) except:
so state). The deductible is applicable o per claim or o per occurrence (check one).
13. This is an o occurrence or o claims made policy (check one).
14. This endorsement is effective on--------at 12:01 a.m. and forms a part of
Policy Number---------
I, (print name), hereby declare under penalty of perjury under the
laws of the State of California, that I have the authority to bind the Company to this endorsement and that
by my execution hereof, I do so bind the Company.
Executed ________ , 20
Telephone No.: ( __ ) _______ _
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Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
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ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (''Named Insured'}: --------------------
Name and address of Insurance Company ("Company'}: --------------------
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")
or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Rancho Palos Verdes ("Public Agency"), its elected officials, officers, attorneys, agents,
employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to
as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the
payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the
insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered as third-party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this
provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the
indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written
agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written
notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective
date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will
continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the
perils insured against in relation to those activities described generally above with regard to operations performed
by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive
negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
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9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is
attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
Any Automobiles
All Owned Automobiles
Non-owned Automobiles
Hired Automobiles
Scheduled Automobiles
Garage Coverage
Truckers Coverage
Motor Carrier Act
Bus Regulatory Reform Act
Public Livery Coverage
12. Ao deductible or o self-insured retention (check one) of$ applies to all
coverage(s) except: (if none, so state). The deductible is applicable G per
claim or G per occurrence (check one).
13. This is an o occurrence or o claims made policy (check one).
14. This endorsement is effective on ______ at 12:01 a.m. and forms a part of Policy Number
I, (print name), hereby declare under penalty of perjury under the laws of
the State of California, that I have the authority to bind the Company to this endorsement and that by my execution
hereof, I do so bind the Company.
Executed ________ , 20 __
Telephone No.: ( __ ) _______ _
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
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ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured ("Named lnsured'J:
Name and address of Insurance Company ("Company"):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")
or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Rancho Palos Verdes ("Public Agency"), its elected officials, officers, attorneys, agents,
employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to
as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the
payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the
insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered as third-party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this
provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the
indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written
agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written
notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective
date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will
continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the
perils insured against in relation to those activities described generally above with regard to operations performed
by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive
negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
J-16
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is
attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
o Following Form
o Umbrella Liability
11. Applicable underlying coverages:
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A o deductible or o self-insured retention (check one) of$ _____________ _
applies to all coverage(s) except: __________________________ (if
none, so state). The deductible is applicable o per claim or o per occurrence (check one).
14. This is an o occurrence or o claims made policy (check one).
15. This endorsement is effective on ____ at 12:01 a.m. and forms a part of Policy Number
I, (print
name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to
bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed--------' 20 __
Telephone No.: ( __ ) _______ _
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted
J-17
:•
Exhibit "B II
PROPOSAL
CITY OF RANCHO PALOS VERDES
FY2012-13 & FY2013-14 RESIDENTIAL STREETS REHABILITATION PROJECT,
AREAS 1, 58, & 9
TO THE HONORABLE MAYOR AND 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 and that the only Persons or parties interested as principals are those named herein; (2) Bidder
has carefully examined the Contract Documents and all Addenda as well as the site of the proposed
Work; and (3) Bidder has investigated and is satisfied as to the conditions to be encountered, the
character, quality and quantities of Work ·to be performed and materials to be furnished. Furthermore,
the undersigned 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 the Contract with the City of Rancho Palos Verdes to perform the proposed Project
in accordance with the Contract Documents and all Addenda 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 as may otherwise be furnished or provided under the terms of the Contract Documents and
Addenda, for the following stated unit prices or lump-sum price as submitted on the Bid herein .
The undersigned submits as part of this Proposal a completed copy of the Contractor's lndustrial Safety
Record. This Safety Record includes all construction Work undertaken in the State by the Bidder and
any partnership, joint venture or corporation that any principal of the Bidder participated in as a principal
or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal.
Separate information is being submitted for each such partnership, joint venture, or corporate or individual
Bidder. The Bidder may attach any additional information or explanation of data which he or she would
like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances
surrounding any and all fatalities must be attached.
Accompanying this Proposal is cash, a cashier's check, a certified check or a Bidder's Bond in an 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. The undersigned Bidder further agrees that should he or she be awarded the
Contract on the basis hereof and thereafter fails or refuses to enter into the Contract and provide the
required evidence of insurance and Bonds within fifteen (15) Days after written notice of the award, the
cash, check or Bid Bond shall be forfeited to the City in accordance with Public Contract Code Section
20172, except as otherwise provided in Public Contract Code Section 2017 4 .
The undersigned certifies to have a minimum of five (5) consecutive years of current experience in the
type of Work relat~d to this Project and that this experience is in actual operation of the firm with
permanent employees performing a part of the Work as distinct from a firm operating entirely by
subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the
State as a contractor to perform this type of Work and further certifies to have been so licensed for the
five (5) years immediately preceding the date of receipt of Bids. The undersigned possesses California
Contr<jcto/s ~nse, / Number f9f?/1 , Class _d_. which expires on .~.11Jtr M / ;tJ/" .
Bidder's name: ~ ,/o// ~eJ£ flt". ---<,,;...=-'-'---rq.~~;:.-~...;.._~~...._~---''--~~~~~~-
S i gnat u re : --¥¥-~~---.....::;.J;..x.".f/.l-!...-:Ac.:;.~~.L.:.'.=.>.Ci .._,~c..:..=._;rltttf. Date: -~~t1A-~__,~ 4~~-· ~ __ r __ _
Signature: -~~~-><----""~r-=/e'--"S"'4~~.,...... fi~W......,....._:J+--Date: -'-A--'-~,d-'-'--~~_.....~"-'-"-'-tlA ___ t' __ _
9 J-18
CITY OF RANCHO PALOS VERDES
BID SHEETS FOR
FY2012·13 & FY2013-14 RESIDENTIAL STREET REHABILITATION PROJECT,
AREAS 1, 58, & 9
Bidder's Name: /&erkt11? /;;tfa # 5tJtJ/£ .f11r:
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to enter into the Contract to
furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract
Documents, as that term is defined in the Standard Specifications, to the satisfaction and under the
direction of the Director of Public Works, at the following prices:
ITEM NO. DESCRIPTION UNIT ESTIMATED UNIT PRICES EXTENDED
QUANTITY AMOUNT
1 Mobilization (3% Maximum of Total LS 1 $).5000,cv $d~DODJft Bid Price)
2 Traffic Control LS 1 $1-J./>U>. CV $ J/ J. t>OO ()?; ; .
3 Stormwater Best Management LS 1 $ j~ ODD.PD $ /() f>D[).OV Practices
I
Remove Existing and Construct 6"
$ '17. ciV $ 5<;,){0, C<f.J 4 PCC Curb and Gutter with AC Slot LF 750
Patch
Remove Existing and Construct 8"
5 PCC Curb and Gutter with AC Slot LF 10,500 $ '-fq,PD $ S1i i;vt>.ft7
Patch I
6 Remove Existing and Construct 4" SF 1,500 $ g,&O $ I). 1t>o, '0 PCC Sidewalk
7 Remove Existing and Construct 6'' SF 2,200 $)),llD $o)foll>O,PD PCC Driveway
Remove Existing and Construct PCC
8 Curb Access Ramp with 3' x 4' EA 3 $ S:!ov.ro $ /b 5L:O.to Truncated Dome Surface, Curb &
Gutter, and AC Slot Patch
Remove Existing and Construct PCC
9 Curb Access Ramp with 3' x 4' EA 2 $ IP. /p t>IJ' l'l> $ / 3 .;i[X:>, ci) Truncated Dome Surface, Curb Cut at
Spandrel, and AC Slot Patch
10 J-19
ITEM NO. DESCRIPTION UNIT ESTIMATED UNIT PRICES EXTENDED
QUANTITY AMOUNT
Grind and Cap 3" Depth AC
10 Pavement Repair; AC Type C2 PG SF 146,000 $ 3 ,:p $ {3 f?, IJO(),&>
64-10
Remove Existing and Construct 6" AC
$ ;J.5/t;JQ,t-'ib 11 Pavement Repair; AC Type C2 PG SF 3,400 $ 1, J/fJ
64-10 l
12 Crack Routing and Sealing LS 1 $ 86/LP~ 151; $ 8D ///{ ttJ
l I
Remove Existing Thermoplastic and
$ 55' pp[>• ('V 13 Painted Striping and Markings, and LS 1 $ 5 5,,tl."Jb>Jb
Pavement Markers I
14 Adjust Sewer or Storm Drain Manhole EA 20 $ !;~5'{), Pl> $ //i>DD' N.-• to Grade
l
15 Asphalt Concrete Pavement Edge Mill SF 56,000 $ o. 5~ $ 1J,'181J.'b and Disposal I
16 1.5" AC Overlay, Type D PG 64-10 TON 1,650 $ Sy, 01; $ I'?~ t,IX),A
)
Emulsion Aggregate Slurry Seal Type
$ 8'/~ Olt), c/) 17 II with 2.5% Latex Rubber Modifier SF 5,800,000 $ /).1 '15
with Carbon Black Additive
18 Traffic Striping, Marking, and Raised LS 1 $ 7~&!J[). t,<P $ 7 J. bOO_ l1t1 Pavement Markers I
19 Painted House Number EA 3,210 $ b. oo $ f j .d t.,,t> J'D
J
20 New Traffic Sign EA 125 $ / J.o. oo $ j>tXJD, VP
)
21 Install New City Provided EA 10 $ /pP, /JD $ !t,OD. t>D "Neighborhood Watch" Sign
-~~-
22 New Sign Post EA 300 $ ; :>o. oo $ lf '> t.:t.:t.) av
) '
11 J-20
ITEM NO. DESCRIPTION UNIT ESTIMATED UNIT PRICES EXTENDED
QUANTITY AMOUNT
23 Street Name Sign Post Cap EA 30 $ SS°'. DO $ //X)D. Dt>
24 New Street Name Sign EA 17 $ ~ 5[),60 $ 1). 'i [). /){,/
Note: Several items may be adjusted or deleted. Any changes to the quantities for these items shall not
classify as a substantial change as stipulated in Section 3 -2 .2 .1 of the Standard Specifications.
Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit
prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for
these items. No adjustment in the unit prices will be allowed . The City reserves the right to not use any
of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional
compensation. Cost of all export of material shall be included in the above unit costs; no additional
compensation will be granted for such expenses . The Contract shall be awarded to the lowest
responsible Bidder based on the total Bid price.
TOTAL BID PRICE IN DIGITS :$ ~' i/5 8; 71 S°. DP
TOTAL BID PRICE IN WORDS: /Pr.>b JV>.:).,>; 0·...,, hv-t' Al/n J~1 c/ /,fl./ e11fif l/i 1>v~1 q ~
St-Yen Av,.. d rc J f1/f t~ri /o/)Ar-$
Signature : -.+.J£.--!l...::;,..!::...._ ________ Title: ~t kitkf /..
Signature: -~~~~~-------Title: ~,,
12
Date: JJ/11/f Olf
Date: ~/.tJ /f tJlf
J-21
INFORMATION REQUIRED OF BIDDER
Fill out all of the following information. Attach additional sheets if necessary.
(1) Bidder's name: ked@t? Ji;~// .!Vu.I.(. .h1r.
(2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If
the Bidder's name is not a fictitious name, write "NIA" in the response to this question. If you are
doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name
Statement.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Business address: /1/1/g/ S:m~ k kJJve I li>1h~Q. c-1 9,t ~.I?
Telephone: rfdf/f'/~,fi>J?/ 7
Facsimil: tYt1?ff/1,.fJ,f?9
"
Type of firm -Individual, Partnership, LLC or Corporation: __ {i;_r;...,.,fb_'l'll_~_'0"--1°' ______ _
Corporation organized under the laws of the state of: __ {£_4_~~1'£,'-"--rd_/_'<( _______ _
California State Contractor's License Number and Class: -~'Ji=-Y...;..V_~...;_~_,_'f_-=-/1':....-_____ _
Original Date Issued: (}f bbtJ Expiration Date: tJ?gtJdtJ/d
List the name and title of the person{s) who inspected the site of the proposed Work for your firm:
/j/}'/ W>//11 r ~/vt3'!1J? ,AG4'(/p ...
List the name and title of the person(s) who attended the mandatory pre-bid meeting for this
Project, including the mandatory site visit, for your firm, if any: ·
71 Ill M:/.11' , /rafa~fJi!J ,A/t;!IQft"" , .
( 11) Number of years experience the company has as a contractor in construction work: :! 51
(12) List the names, titles, addresses and telephone numbers of all individuals, firm members,
partners, joint venturers, and company or corporate officers having a principal interest in this
Proposal:
/14,, ~J?tler.wt? -k/c/t-l'J/
~ /
(13) List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having
interest in this Proposal:
13 J-22
(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having
an interest in this Proposal:
(15) For all arbitrations, lawsuits, settlements and the like (in or out of court) the company or any
principal having an interest in this Proposal has been involved with in the past five (5) years:
a. List the names, addresses and telephone numbers of contact persons for the parties:
5ee !/#ached
b. Briefly summarize the parties' claims and defenses:
9ee Aftacherl
c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter
number, and the outcome:
See Al./4c1ecl
(16) Has the company or any principal having an interest in this Proposal ever had a contract
terminated by the owner or agency? If so, explain.
A
( 17) Has the company or any principal having an interest in this Proposal ever failed to complete a
project? If so, explain.
/lo
(18) Has the company or any principal having an interest in this Proposal ever been terminated for
cause, even if it was converted to a "termination of convenience"? If so, explain.
( 19) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having
an interest in this Proposal:
14 J-23
Question 15
American Asphalt South has not been a party to any arbitration, Lawsuit or settlement in or out of court
regarding any claims for breach of contract or non-performance of any contract with an owner or public
entity.
American Asphalt South has been party to lawsuits within the last five (5) years which are entirely unrelated to
its ability to perform the work called for by the proposal. They are as follows:
1. County of Orange Superior Court Case# 30-2011-00451172, Garcia, et. al. v KAO Paving Company, et
al: a labor dispute by an employee of a subcontractor against the subcontractor KAO Paving Company:
case resolved and dismissed.
2. San Diego Superior Court Case #37-2013-00033535, Acosta and Robles v PAL Engineering, Inc.: a labor
dispute by an employee of a subcontractor against the subcontractor PAL Engineering, Inc.: case
resolved and dismissed.
3. County of San Bernardino Superior Court Case #CIVRS1207245 consolidated with Case #IVDS1300462
and Case #CIVRS13006852, Nunez, et al v American Asphalt South claim by disgruntled former
employees of American Asphalt South related to internal labor issues, American Asphalt South denied
liability: case resolved and dismissed.
4. Judicial Council Coordination Proceeding No. 4768, Los Angeles Superior Court, Roy Allan Slurry Seal,
Inc. and Doug Martin Contracting, Inc. v American Asphalt South, Inc. lawsuits by competitors of
American Asphalt South attempting to "piggy-back" off the above referenced lawsuit filed by the
disgruntled employees which have been dismissed, alleging general interference with prospective
economic advantage. Case is ongoing.
Question 20
As indicated above, a few former disgruntled employees filed claims regarding internal labor issues which
were subsequently resolved and dismissed. Competitors Roy Allan Slurry Seal, Inc. and Doug Martin
Contracting, Inc. have filed their own claim based on these employees' prior claims, alleging general
interference with economic advantage.
The only unresolved action is the lawsuit by comptetitors Roy Allan Slurry Seal and Doug Martin Contracting,
which is based on the claims filed by a few former disgruntled employees and which were dismissed.
J-24
(20) For projects that the company or any principal having an interest in this Proposal has been
involved with in the last five (5) years, did you have any claims or actions:
a. By you against the owner? Cirele one:
b. By the owner against you? Circle one:
Yes@
Yes@
c. By any outside agency or individual for labor compliance? Circle one : 9 No
d. By Subcontractors? Circle one: Yes @
e . Are any of these claims or actions unresolved or outstanding? Circle one: Yes No
If your answer is "yes" to any part or parts of question (20), explain.
9ee A&ied
(21) List the last three (3) projects you have worked on or are currently working on for the City of
Rancho Palos Verdes:
111/Je kfl~ ())orkd tfr -!lie ft·& be£re.
Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement,
financial data, construction experience, or other.additional information.
The Bidder certifies under penalty of perjury under the laws of the State that the information provided
above is true and correct.
Notary Public
Subscribed and sworn to me -----
Signature:
This ____ day of _____ , 20_
Title:
Signature:
(SEAL)
15
Company
Signature:
Title: -'~~'--'-'WLJJ.-J-i~'--'-==.!---
Date:
Signature:
Title: lvle "'0Jecrel4j
Date: v //} hfl /-1~/f'
J-25
Stale ol California
County of Sew, e12..ro" rl'O o
·, :,
11!-proved to me on the basis ol satisfactory
evidence
lo be the person(s) whose name(s) ~are
subscribed to the wiihin instrument and
acknowledged lo me that i'le/sl:IB/lhey executed
the same in ~/~/their authorized
capacity(ies), and that by biSlhef/lheir
signature(s) on the instrument the person(s}, or
the entity upon behalf of which the person(s)
acted, executed the instrument.
~-~-OPTIONAL .....-.----·--------
Though Ille mformalion below is not required by law, 11 may prove valuable to persons relying on ll1e document and could prevent
fraudulent removal and reaf/achment of this form to another document
Description of Attached Document
Tille or Type of Document:---------·
Document Date: ____________________ Number of Pages: ____ _
Signer(s) Other Than Named Above:------------
Capacity(ies} Claimed by Signer
Signer's Name: -------· -.--------------··~-·--·--------. .
0 Individual Top ol lhumb hem
0 Corporate Officer -Title(s): --------·-------·-----... ___ ........ .
0 Partner -0 Limiled 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:--------------·
Signer Is Representing: ________________ . ____ _
1 !'.
I.'
' •''.'
'"
''
r,:
('
CJ 1999 Nalional Nolary Assac1alion • 9350 De Soto Ave, P.O. Box 2402 • Cha•sworth CA 91313-240~ • W\-:W na1ionalno1ary 01g Prod No ~90? HnCl1dei: Call Tol!·Free t·S00·8f6·6B2i
J-26
REFERENCES
For all public agency projects in excess of $1,000,000 you are currently working on or have worked on
in the past five (5) years, provide the following information:
Project 1 Name/Number f'Y 101JdtJ1t s~ Seil ltpgmWJ
Project Description 7J/e II £& IJ/y'lllT --.;J,'ftd J/v'!f, (/1/(f .!&/. j{ Jv6/,;y, J/..iP'!f'
Approximate Construction Dates From: ::/Jr 1~1f To: Se;/ 1tJI~
Agency Name: {i~ o / (}4,br/O
Contact Person: 6ay /lanns
Address: '8tJa Eas.J 1~ 11 sl;, {)n/;'f"Jo, c,1-
7
Original Contract Amount: $ )t18/t /5J_ t/
T I
Final Contract Amount: $ { 1 B{ -¥J/ :J /
If final amount is different from original amount. please explain (change orders, extra work, etc.)
Ckto __ 51e Orders i'llC'f(Qfil1j S./rre./r ddfeJ ~ /r'!)ec/
Did you file any claims against the Agency? Circle one: Yes @
Did the Agency file any claims against you? Circle one: Yes ~
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 2 Name/ Number /(/tJl.Jdt1/f i«a/ Ske/ 'rr111tw/ /e/t;/ -S/or>y St?til
>./
Project Description flt ff) l#.g cmcf S1t1! J~'IJ;y
Approximate Construction Dates From: 'Jt)de :{tJ/j/ To: tt(/tll/ /d/j/
Agency Name: {~ (}/ lfb11c/o WO/HltJ>!f?
Contact Person: ~Jllet1 ,t/;11c/ Telephone: f91?}f-jf-.)'f'f/1 X ft1f'tJ
Address: /o~o trtc (et>Jr Avy /q,,c/o bflJOiJ!I,. cA 9/fl~
Original Contract Amount: $ { ~!J. tf :18. ~ 1 Final Contract Amount: $ / tJJ{?8J. 9J/ ;r , >
16 J-27
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Quandlrer Y-aV) uvxler" (}VJ(/ina.1 /;l'd
v
Did you file any claims against the Agency? Circle one: Yes ~
Did the Agency file any claims against you? Circle one: Yes @
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 3 Name/ Number ;«J/J s;f;ry ~('QI ~jec/
Project Description f/e .Z J. f.Z .§/vnJj CmckJ'ei.(. ,/{ AJ/i'ft 9/Yl/l~p
Approximate Construction Dates From: ~'if :1tJl.f' To: :JiJj; :;0/f:
Agency Name: _ _,,~::.....<1....!.,~JC---""o.L-/-=0"'--'r;-'-"J-i-"'-~=-=W'-'--------------
contact Person: JQl1 .§cJqvJ~ Telephone: &/t1)/t1J-J;'/j
>
Address: //j5 lftmrft,11 J~, Gr/rkd i 4 JJ:l()tJ8 :.r , ,
Original Contract Amount: $ / g5/ j8t1, ~ ~ , > Final Contract Amount: $
' J#/~8~;<;(
r 7
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes @
Did the Agency file any claims against you? Circle one: Yes @
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
17 J-28
Project 4 Name/ Number Slvny ~I f.rgecl £.,.. ff.sea I JG4r t a11/ttJ&
Project Description ;y//e .f .I.ff 5iJ'/Y; 5cwJ ~ / Cl?l Ck .!fr:t ! J-AJi;y>
Approximate Construction Dates From: ~·/jO/ ,f To: ::Ti;YJe :/ j/j'
Agency Name: !o{)tJ' o/ Ak'r:fic/e
./
Contact Person: @q;J A'a-rttJeJI Telephone:
Address: i95~ f#a1/ll1r;J() sl., /lJ'rt!rrid~ c~ 9/50'1 :r r •
Original Contract Amount: $ J /8( 1tf5". j 0 r • Final Contract Amount: $
Did you file any claims against the Agency? Circle one: Yes @
Did the Agency file any claims against you? Circle one: Yes @
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 5 Name/ Number :(()J~/f tJ/~ 41/11/ S~f? ~ /
Project Description ~ ff.//#{ C"'cf-/fr;(, J 4Llf
Approximate Construction Dates From: /f~qJY ,f tJIY To: ~ri/ /tflf"
Agency Name: --"'t/.'--1~¥~ __.._()-'-~--'-"~-ltl...;_-<..,4~---"'------'------
Contact Person: Eddie (hCl'I) Telephone: {io?j '6jt) ... )b5 /
Address: J#f/IJe.rlhz/£/~ /Ja4,, (,( 9fj:J/
Original Contract Amount: $ 8'14 89~ 6 /
'
Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
cco q dd:p 11JJ,°J?>V>~ I she// -4 ,/!'PJ~
18 J-29
Did you file any claims against the Agency? Circle one: Yes ~
Did the Agency file any claims against you? Circle one: Yes @
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 6 Name/ Number SMJ !Xtil 4-_jeel £r Iii~( mr ~tJ/~htJl.2
Project Description fjK Z I ff )£w.f8:l[ JcwJ foj Citic/-k/ J#,Pj??
Approximate Construction Dates From: ;/;y(}J/ ;(tJ/.J To: {JctbJtr J~I _j
Agency Name: {(J{);?j O/ ,.r!;er.r/c/e
Contact Person: !tJard llMwe// Telephone: &.?!/ 955-8//Y
Address: 1950 /j}q.fhf'!J~lfl 9/.
7
, /ilftr.f}Jc:,c4 9J50l/
Original Contract Amount: $ ~ // ~ /.f !( ,1() Final Contract Amount: $ ) j j / /:fJ. /'/
> v >
If final amount is different from original amount, please explain (change orders, extra work, etc.)
~.,AJer were a.ck!J kyler 11(j., OY!_t)i,tp/ J;d
Did you file any claims against the Agency? Circle one: Yes @
Did the Agency file any claims against you? Circle one: Yes @
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
19 J-30
RESUME
Attach to this Bid the experience resume of the person who will be designated as General Construction
Superintendent or on-site Construction Manager for the Contractor.
20 J-31
EXPERIENCE RESUME
PROJECT MANAGER: TIM GRIFFIN
EXPERIENCE: ROY ALLAN SLURRY SEAL FROM 1987-1998 WORKING AS A TRAFFIC
CONTROL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER &
MIXER OPERATOR.
CALIFORNIA PAVEMENT MAINTENANCE FROM 1998-2001 WORKING
AS A PROJECT SUPERVISOR & OPERATIONS MANAGER.
AMERICAN ASPHALT SOUTH FROM 2001-PRESENT WORKING AS A
PROJECT SUPERVISOR & PRODUCTION MANAGER.
PROJECT MANAGER: JEFF PETTY
EXPERIENCE: AMERICAN ASPHALT FROM 1985-PRESENT WORKING AS A TRAFFIC
CONTRAL MAN, SQUEEGEEMAN, SHUTTLEMAN, LINE DRIVER, MIXER-
OPERATOR, PROJECT SUPERVISOR & PRODUCTION MANAGER.
PROJECT MANAGER: LYLE STONE
EXPERIENCE: ROY ALLAN SLURRY SEAL FROM 1986-1998 WORKING AS THE
ESTIMATOR AND PROJECT MANAGER.
CALIFORNIA PAVEMENT MAINTENANCE FROM 1998-1999 WORKING AS
THE AREA MANAGER.
ASPHALT MAINTENANCE COMPANY FROM 1999-2000 WORKING AS
THE AREA MANAGER AND PROJECT SUPERINTENDENT.
VALLEY SLURRY SEAL FROM 2000-2001 WORKING AS THE AREA
MANAGER.
AMERICAN ASPHALT SOUTH FROM 2001-PRESENT WORKING AS THE
AREA MANAGER, PROJECT MANAGER AND ESTIMATOR.
PROJECT MANAGER: TYLER SKENDER
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2008-PRESENT
PROJECT SUPERVISOR: JULIO RUIZ
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998 TO 1999 WORKING AS
A LINE DRIVER AND SHUTTLEMAN.
WORKING FROM 1999 TO PRESENT AS A PROJECT SUPERVISOR.
PROJECT SUPERVISOR: DAVID DARR
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2008 TO PRESENT
PROJECT SUPERVISOR: JOSE SALINAS
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 1998-2008 & 2010 TO PRESENT
MIXER-OPERA TOR: JAIME SALINAS
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2004-PRESENT
MIXER-OPERA TOR: MANNY GONZALES
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2001-PRESENT
J-32
MIXER-OPERATOR: JULIO TREJO
EXPERIENCE: AMERICAN ASPHALT SOUTH, INC. FROM 2007-PRESENT
J-33
DESIGNATION OF SUBCONTRACTORS
[Public Contract Code 4104]
List all Subcontractors doing Work in an amount in excess of 0.5% of the Contractor's total Bid or, in the case of Bids or offers for the
construction of Streets or highways (including bridges), in excess of 0.5% of the Contractor's total Bid or $10,000, whichever is greater.
If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.
Subcontractors
Name under which California Contractor's Type of Work Percentage of
License Number(s) & Address & Phone Number Total Bid (e.g., Subcontractor is Licensed Class( es) (e.g., Electrical) 10%)*
!fA r-) '/ r fl.A "f' / ];.. t-r;)15&JS2. A / ~/ .l. [. AJA ""/)t' / ,)-v() I' ( -l'<">J> -JI}< I I-I (l 9-P b .l9, fl/ ?~ ., -},,,,, j->t.t?C. P11 9:>--1p'.{. o"l?. bl nc.1 {1t,
jO ri'.J "'J; A~
7 / f -t./ t/ <f, / R SJ ~A,., /Jvf,;-;.,
5fr?--IJ J~,)/ r~ fc.-pr ,:,-,_,) i-.l f J-J g-z ~ ~ t·Jj
11 ~J.. / P/.11:] ft?.rr:} 9-1. p.-p_,-t r R<f'~..-,,.j ;j,7i-t>. . '?/ t: f• .; I f'().; , Y/~ >.,,,, VAJJ-c7 l'/-1-?J~fi?--
t~ 31.,. ff JJ-?J 9-.,;, 8i"l'l f,,.,...,,...... r,,l //"]
I
!
'
* The percentage of the total bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b ).
21
J
-
3
4
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
B idde r 's Name /t;t!rftlJ'IJ 4'J:11f/ 5arh{..Z!c
Current
Year of 2013 20 12 2011 2010
Record
Number of contracts II// 11'~ )~9 9() ;g/)
Total dollar amount of
contracts (in thousands 1i265 ~~g19 11~91 :1. :i;~t2 2$111
of dollars)
Number of fata lities
0 0 0 0 0
Number of lost workday
~ cases 0 ~ () I
Number of lost workday
cases invo lving
permanent trans fer to 0 0 () 0 0 another job or
termination of
emolovment
2009 Total Year
95 70L/
1~178 1~cr,6 1 i
0 0
I 6
0 ()
The above information was compil ed from the records that are available to me at this t ime and I declare under penalty of perjury that
the information is true.and accurate within the limitations of those records .
S ignature: ---tl,,.,AC;,..,....' -'=-t="---t---------
Title: :JeW A~ #ce /nrr;df,>f/
Date: /.t1At;;J4'1f/P
Signature: ;;;r:!::'A .
Title: L;{'J'~Jlt'/ .Jk~>y
~ .../
Date: /e:uf~t:J/,Y
22
J
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3
5
Bond No. NIA
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has issued an invitation for Bids for the
Work described as follows:
FY2Q12-13 & FY2013-14 RESIDENTIAL STREETS REHABILITATION PROJECT,
AREA$ 1, SB, & 9
WHEREAS American Asphalt South, Inc. P.O. Box 310036, Fontana CA 92331
(Name and Br;JrJress of Bidder)
("Prlnclpa1''), desires to eubmit a 81d to Publlo Agency for. the Work.
WHEREAS, Bidders are required under the provisions of the California Public Contract Code to furnish
a form of Bidder's security with their Bid.
NOW, THEREFORE, we. the undersigned Principal, and The Guarantee Company of North America USA
One Towne Sguare, Ste. #1470, Southfield, MI 48076
(Nl)me and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State Of California, as Surety, are held and
flrmjy bound unto the Public Agerioy In the penal sum of ______________ _
Ten Percent of the AmourifBid
Dollars($ 10% of the Amount Bid ), being not less than ten percent (10%) of
the total Bid price, in lawful money of the United States of America, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT. If the hereby bounded Principal Is awarded a
contract for the Work by the Public Agency and, within the time and in the manner required by the
Specifications, enters into the written form of Contract included within tho~e Specifications, fumi$hss the
required Bonds, one to guarantee falthful performance and the other to guarantee payment for labor and
materials, and furnishes the required im~urance coverage, then this obligation shall become null and Vl'Jid;
otherwise, it shalt be and remain in full force and effect..
In case suit Is brought upon this Bond, Surety further agrees to pay all court costs incurred by the Publlc
Agency in the suit and reasonable attorneyG' fees in an amount fixed by the court. Surety hereby waives
the provisions of California Civil Code Section 2845.
23
J-36
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date
set forth below, the name of each corporate party being hereto affixed and these presents duly signed
by its undersigned repre sentative(s) pursuant to authority of its governing body.
Da ted: October 8, 2014
"Principal" "Surety"
American Asphalt South, Inc. The Guarantee Company of North America USA
6y:._~;J"f't,-g--IJ"· ~~-.-...-----~~"+ By:&~ ._'ffJ. . fiJ,~<IAa.J
Its Patricia M. Simas, Attorney-In-Fact
By:~y-~"'"""St ......... ~-,~.· -----By:-----~-----
Its
($eel) (S<iaQ
Note : Th~ BDnd mu$t be dated, all slgnelures must be not.arf~t;d, and evidence of the ttuthorfty of any ps!'$on signing as sttomey-
/Mtic:t must M ef(9ched.
24
J-37
'"
';
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Slate of California
Counly of Sex.V'l ~~,( o~J~i 'O~O~-
ElJ-.proved lo me on lhe basis ol salisfactory
evidence
to be the person(s) whose name(s) i81are
subscribed to lhe within instrument and
acknowledged to me !hat h'e/s.Ae/they executed
the same in bis/befr/lheir authorized
capacity(ies), and that by biS?hef/their
signalure(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrumenl.
Though the mtorma1io11below1s nol required by law, ii may prove valuable 10 persons relying on lhe document and could prevenl
.. ~' ~· ,: .
.. ,
lrm1dulenl removal and reallachmenl ol l/Jis form lo another document. '' ·
Descript!on of Attached Document
Tille or Type of Documenl:
Document Dale:-------------------Number of Pages: ___ _
Signer(s) Olher Than Named Above:---·--------------------
Capacity(ies} Claimed by Signer
Signer's Name: ____ _
D Individual
0 Corporate Officer -Tille(s): ----·-···---··· ·-------------------------
0 Partner -D Limited D General
0 Allorney-in-Fac1
0 Trustee
0 Guardian or Conservator
O Other: _________ _
Signer Is Representing:. ________________________ _
' .
Top of fhumb here
: l
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Ci 1999 Ha11ooal Noh1ry As~ociatiOf'I • ~3SO De Solo Ave., PO Sox 240Q • Chelswoiih CA 91313·2~02 • www.nntionafnolaryvrg Prod. No 5907 Reo1de1 can ToJJ.Free 1.sou.~1'6·6827
J-38
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Sacramento
On October 8, 2014 before me, Melissa D. Diaz, Notary Public
(Here insert name and title of 1hc officer)
personally appeared _P_a_tr_ic_i_a_M_._S_i_m_a_s _______________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ftt'e subscribed to
the within instrument and acknowledged to me that he/she/~ executed the same in fl.ts/her/~ authorized
capacity(ies), and that by ftis/her/thetr signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
~ >
Signalure of Notary Public
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE A TT ACHED DOCUMENT
Bid Bond
(Titl e or description of attached documenl)
American Asphalt South, Inc .
(Title or description of attached document continued)
Number of Pages _1 _ Document Date 10/08/14
The Guarantee Company of North America USA
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
(Tille)
D Partner(s)
Ii Attorney-in-Fact
D Trustee(s)
D Other ____________ _
2008 Version CAPA 02 .10.07 800-873 -9865 www.NotaryClasses .com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed f11 California must colllain verbiage exactly as
appears above i11 the notary section or a separate acknowledgment form must he
properly completed and at/ached ta that document. The only exception is if a
document ts to be recorded outside ofCa/ifomla. Tn such instances, any alternative
acknowledgment verbiage as may be printed on such a doc11ment so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i .e. certifying th e authorized capacity of the signer). Please check the
doc11111ent caref111ly for proper notarial wording and al/ach this form if required
• State and County information must be the State and County where the document
signcr(s) personally appeared before the notary public for acknowledgmenl
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization .
• Indicate the correct singular or plural forms by crossing off incorrect forms (i .e.
lletshe/they, is/Elf&-) or circling th e correct forms . Failure to correctly indicate this
information may le ad to rejec tion of document recording.
• The notary sea l impression must be clear and photographically reproducib le.
Impression must not cover text or lines . If seal impression smudges, re-seal if a
sufficient area permits , otherwise complete a different acknowledgment fomi.
• Signature of the notary public must match the signature on file wilh the office of
the count)' clerk.
•.-Additional information is not required but could help to ensure this
acknowledgment is not misused or attached lo a different document.
•.-Indicate title or type of attached docum ent, number of pages and date .
•_. Indicate the capacity claimed by the signer , If the claimed capacity is a
corpora te officer , indicate th e title (1.c . CEO , CFO, SecrelRl)').
• Securely attach this docum ent to the signed document
J-39
THE
GUARANTEE ™ The Guarantee Company of North America USA
Sou t h fie ld , Mic h igan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS : That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan , does hereby constitute and appoint
Barbara Midstokke , Renee Ramsey , Richard W . Pratt, John Hopkins. Elizabeth Collodi, Susan Lee, Barbara Beeny , Nancy Luttenbacher,
Phillip 0 . Watkins, Keith T. Schuler , Melissa D. Diaz , Shawna Johnson, Patricia M. Simas
lnterwest Insurance Services , Inc .
Its true and lawful attorney(s)-in -ract to execute , seal and deliver for and on its behalf as surety, any and all bonds and undertakings , contracts of
indemnity and other writings obligatory in the nature thereof. which are or may be allowed, required or permitted by law , statute, rule , regulation , contract
or otherwise.
The execution of such instrument(s} in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply , to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers al the
principal office .
The Power of Attorney is executed and may be certified so , and may be revoked, pursuant to and by authority or Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors or THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December. 2003 .
The President, or any Vice President , acting with any Secretary or Assistant Secretary, shalt have power and authority:
1. To appoint Attorney(s)-in -fact , and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time , any such Attorney-in-fact and revoke the authority given, except as provided below
3. tn connection with obligations In favor of the Florida Department of Transportation only, It is agreed that the power and authority hereby given
to the Attorney-in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State or
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee , shall not relieve this surety
company of any of its obligations under its bond .
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney-in -F act cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocalion .
Further, this Power of Attorney is signed and seated by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011 , of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond , undertaking, contracts or indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF , THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 23rd day of February , 2012 .
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN
County of Oakland
Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument , to me personally known , and being by me
duly sworn , said that each is the herein described and authorized officer ofThe Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2018
Acting in Oakland County
IN WITNESS WHEREOF , I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written .
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WITNESS WHEREOF , I have thereunto set my hand and attached the seal of said Company this 8th day of October 2014
Randall Musselman, Secretary
J-40
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code 7106)
The undersigned declares:
I am the ~(e /Jes,'r/M/-i ~en"~~ of lhtftrm fr/k/I Sd/. -Zi< , the party making the foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed Person, partnership, company,
association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has
not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder
has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to
put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any
other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder.
All statements contained in the Bid are true . The Bidder has not, directly or indirectly, submitted his or
her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any
member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any
Person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents that
he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
Signature ~ ·-
Printed Nam& JAti~ Jtr~~ :;r v ../
Date: ---'A'--¢L-"'~'-'-''f' 4'--~_l?/i .......... 'f' __ _
This form must be notarized.
25 J-41
i.,
i ~.
'I
'·' ,l
·"'
,.•
:·>:
,,\
State of California
County of ~-B.Q.,(QI\ rrbo n
E]l...-proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) i81are
subscribed to the within instrument and
acknowledged to me that He/sfie/they executed
the same in llis/be'r'/their authorized
capacity(ies), and that by ~hef/their
signature(s) on the instrument the person(s). or
the entity upon behalf of which the person(s)
acted, executed the instrumenl.
OPTIONAL_.;::.-::;..__~~~~~~~~-
Though the information below 1s not required by law, ii may prove valuable ta persons relying on lhe document and could prevent
lraudu/enl removal and real/achment of this form 10 anoll•er document.
Description of Attached Document
Title or Type of Document:---------------------------
Document Date:----------------Number of Pages: ____ _
Signer(s) Other Than Named Above:----------------------
Capacity(ies) Claimed by Signer
Signer's Name:-----------------·---------
D Individual
0 Corporate Officer -Title(s):
0 Partner -D Limited D General
0 Altorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:------------------------
Top ol 1humb here
C11999 Nahonal Nol&ry As5ocaa1lon • 9350 De Solo Ave,, P.0, Sox 240~ • Cha1swor1h. CA 91313·C?402 • www.nalionalno1ary 019 Prod No 5.907
J-42
ACKNOWLEDGMENT OF ADDENDA
Bidder's Name: knct1tJ ,/p}t1/I Jal~ fee.
The Bidder shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Siaoature.
/t1/i tJd t1/f' (/4J~ .//k~ -1. -. v c /
If there are more Addenda than there is room in the chart above, attach another page acknowledging
receipt of the Addenda.
26 J-43
CITY OF RANCHO PALOS VERDES
PUBLIC VVORl<S DEPARTM ENT
ADDENDUM NO. 1
TO THE CONTRACT DOCUMENTS, SPECIFICATIONS, & STANDARD DRAWINGS FOR
THE
RESIDENTIAL STREETS REHABILITATION PROJECT FY2012 -13 & FY2013 -14
AREAS 1, 58, & 9
PROJECT NO. 004913 & 004914
In accordance with "Addenda" on the first page of the "Instructions to Bidders", the following
changes (revisions, additions, and/or deletions) as noted below, are hereby incorporated and
made a part of the subject plans, specifications and contract documents for this project.
Portions of the Contract, not specifically mentioned in the Addendum, remain in force . All
trades affected shall be fully advised of these revisions, deletions, and additions.
This Addend um forms a part of the Contract Documents for the above -identified project and
modifies the original specifications and Contract Documents.
Each bidder shall be responsible for ascertaining, prior to submitting a Bid, that it has received
all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE
SPACE PROVIDED BELOW. A bidder's failure to address the requirements of this
addendum or failure to acknowledge the receipt of this addendum may result in that Bid being
rejected as non -responsive .
The subject contract documents are hereby amended as follows:
1. Replace pages TP-16 & TP-17 of the project specifications with the attached
pages TP~16A and TP~17 A.
End of Addendum No . 1
Any questions regarding this Addendum should be directed to the Project Manager,
Melissa Countryman, Associate Engineer, at ~5:~
Luu~. oc.1o&EP..1.0 ,1.0 I ~
Michael Throne, Datel
Director of Public Works
receipt of this Addendum No . 1 and accept the aforementioned .
/Jd?dlYf"
~ , idder's Signature .,~ ~7 Date
Please sign above and include this signed addendum in the Bid package. Failure to
do so may result in that Bid being refected as non-responsive.
Page 1 of 1
30940 11 1\WTH ORNI: 13 0L.:LE VARD I RANC HO !"Ai.OS VE RDES, CA 90 275 ·53!l 1 I (310) 544 -5252 I FAX (310) 544 ·5292 I WWW PAlOSVrRD ES C0'1/R P\/
I )RIN I rn ON l~ECYCLl:O PAI 'ER
J-44
Attachment C
CITY OF RANCHO PALOS VERDES
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this eighteenth day of
November, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred
to as the "CITY") and Vali Cooper & Associates, 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: Fiscal Year 2012-13 and Fiscal Year
2013-14 Residential Streets Rehabilitation Project, Areas 1, 5B, and 9
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
CONSUL TANT's Proposal, which is attached hereto as Exhibit "B" and incorporated
herein by this reference. In the event of any conflict between the terms of this Agreement
and incorporated documents, the terms of this Agreement shall control. In the event of
any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control.
1 .3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSUL TANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSUL TANT shall not be responsible for delay, nor shall
CONSUL TANT be responsible for damages or be in default or deemed to be in default
by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish
timely information or to approve or disapprove CONSUL TANT's work promptly, or delay
or faulty performance by CITY, other consultants/contractors, or governmental agencies,
or any other delays beyond CONSULTANT's control or without CONSULTANT's fault.
2.1 Fee
ARTICLE 2
COMPENSATION
Page 1of15 J-45
CITY agrees to compensate CONSUL TANT an amount not to exceed two
hundred eighty-three thousand fifty-two dollars ($283,052) for services as described in
Article 1.
2.2 Terms of Compensation
CONSUL TANT shall submit monthly invoices for the percentage of work
completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its
best efforts to notify 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 CONSUL TANT without liability to CONSUL TANT
upon ten (10) working days advance written notice.
2.3 Prevailing Wages
CITY and CONSUL TANT acknowledge that this project is a public work to
which prevailing wages apply. The Terms for Compliance with California Labor Law
Requirements is attached hereto as Exhibit "C" and incorporated herein by this reference.
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," which in any case shall meet or exceed prevailing wage rates.
The rates in Exhibit "B" shall be in effect through the end of this Agreement.
2.5 Term of Agreement
This Agreement shall commence on November 19th, 2014 and shall
terminate on June 3Q 1h, 2014 unless sooner terminated pursuant to Article 4 of this
Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
Page 2 of 11 J-46
To the maximum extent permitted by law, CONSUL TANT 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 reasonable 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
reasonable legal expenses and costs incurred by each of them in connection therewith
or in enforcing the indemnity herein provided. CONSUL TANT'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 or authorized to do business in
the State of California and rated in AM. Best's Insurance Guide with a rating of A:Vll or
better.
3.3 Professional Liability
CONSUL TANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and
aggregate for errors and/or omissions of CONSUL TANT in the performance of this
Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to
do business in the State of California and rated in Best's Insurance Guide with a rating of
A:Vll or better. If a "claims made" policy is provided, such policy shall be maintained in
effect from the date of performance of work or services on the CITY's behalf until three
(3) years after the date of work or services are accepted as completed. Coverage for the
post-completion period may be provided by renewal or replacement of the policy for each
of the three (3) years or by a three-year extended reporting period endorsement, which
reinstates all limits for the extended reporting period. If any such policy and/or policies
have a retroactive date, that date shall be no later than the date of first performance of
Page 3 of 11 J-47
work or services on behalf of the CITY. Renewal or replacement policies shall not allow
for any advancement of such retroactive date.
3.4 Automobile Liability
CONSUL TANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence
and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one
person and five hundred thousand dollars ($500,000) for property damage arising from
one incident. Said policy or policies shall be issued by an insurer admitted or authorized
to do business in the State of California and rated in A.M. Best's Insurance Guide with a
rating of A:VI I or better.
3.5 Worker's Compensation
CONSUL TANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. CONSUL TANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium.
Additionally, CONSULTANT shall provide immediate notice to the CITY if CONSULTANT
receives a cancellation or policy revision notice from the insurer.
(b) CONSUL TANT agrees that it will not cancel or reduce any required
insurance coverage. CONSUL TANT agrees that if it does not keep the aforesaid
insurance in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay, at CONSULTANT's expense, the premium thereon.
3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSUL TANT shall maintain
on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance
showing that the aforesaid policies are in effect in the required amounts. The commercial
general liability policy shall contain endorsements naming the CITY, its officers, agents
and employees as additional insureds.
3.8 Primary Coverage
The insurance provided by 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.
Page 4 of 11 J-48
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time, with or without
cause, by the CITY upon thirty (30) days prior written notice or by CONSUL TANT upon
ninety (90) days prior written notice. Notice shall be deemed served if completed in
compliance with Section 6.15.
(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,
CONSUL TANT shall be paid compensation for all services performed by CONSUL TANT,
in an amount to be determined as follows: for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement as determined by the CITY,
CONSUL TANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of termination or cancellation in accordance with the work items;
provided, in no event shall the amount of money paid under the foregoing provisions of
this paragraph exceed the amount which would have been paid to 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 Written Products.
CONSUL TANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
CONSUL TANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to
which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that the CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected
officials, officers, employees, servants, attorneys, designated volunteers, and agents
Page 5 of 11 J-49
serving as independent contractors in the role of CITY officials, harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written Products
is violating federal, state or local laws, or any contractual provisions, or any laws relating
to trade names, licenses, franchises, copyrights, patents or other means of protecting
intellectual property rights and/or interests in products or inventions. CONSUL TANT shall
bear all costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, equipment, devices or processes in connection with its provision
of the services and Written Products produced under this Agreement. In the event the
use of any of the Written Products or other deliverables hereunder by the CITY is held to
constitute an infringement and the use of any of the same is enjoined, CONSUL TANT, at
its expense, shall: (a) secure for CITY the right to continue using the Written Products
and other deliverables by suspension of any injunction, or by procuring a license or
licenses for CITY; or (b) modify the Written Products and other deliverables so that they
become non-infringing while remaining in compliance with the requirements of this
Agreement. This covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
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 CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSUL TANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act
of 1990 (42 U.S.C. § 11200, et seq.).
6.3 Audit
The CITY or its representative shall have the option of inspecting, auditing,
or inspecting and auditing all records and other written materials used by CONSUL TANT
in preparing its billings to the CITY as a condition precedent to any payment to
CONSUL TANT. CONSUL TANT will promptly furnish documents requested by the CITY.
Additionally, CONSUL TANT shall be subject to State Auditor examination and audit at
Page 6of11 J-50
the request of the CITY or as part of any audit of the CITY, for a period of three (3) years
after final payment under this Agreement.
6.4 Personnel
CONSUL TANT 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 CONSUL TANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director
of Public Works of all proposed staff members who will perform such services.
CONSUL TANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSUL TANT
be responsible for its associates and subcontractors' services.
6.5 CONSUL TANT's Representations
CONSULTANT 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, CONSUL TANT has investigated and
considered the scope of services performed, has carefully considered how the services
should be performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.6 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 CONSULTANT "financially
interested" (as provided in California Government Code Sections 1090 and 87100) in any
decisions made by CITY on any matter in connection with which CONSUL TANT has been
retained pursuant to this Agreement.
6. 7 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the laws of the State of California, excluding California's choice
of law rules. Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b) If any legal action or other proceeding, including action for
declaratory relief, is brought for the enforcement of this Agreement or because of an
alleged dispute, breach, default or misrepresentation in connection with this Agreement,
Page 7 of 11 J-51
the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees,
and other costs, in addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSUL TANT when there is no
allegation that CONSULT ANT was negligent, CITY shall compensate CONSULT ANT for
its testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.8 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
subcontractors for additional services shall not be unreasonably restricted by the CITY
provided CONSUL TANT notifies the CITY in advance.
6.9 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 CONSULTANT's employees, except as
herein set forth, and CONSUL TANT is free to dispose of all portions of its time and
activities which it is not obligated to devote to the CITY in such a manner and to such
persons, firms, or corporations as the CONSUL TANT wishes except as expressly
provided in this Agreement. CONSULT ANT shall have no power to incur any debt,
obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an
agent. CONSUL TANT shall not, at any time or in any manner, represent that it or any of
its agents, servants or employees, are in any manner agents, servants or employees of
CITY. CONSUL TANT agrees to pay all required taxes on amounts paid to CONSULTANT
under this Agreement, and to indemnify and hold the CITY harmless from any and all
taxes, assessments, penalties, and interest asserted against the CITY by reason of the
independent contractor relationship created by this Agreement. CONSULT ANT 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 CONSULTANT 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.
Page 8 of 11 J-52
6.10 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.11 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.
6.12 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.
6.13 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.
6.14 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
6.15 Notice
Except as otherwise required by law, any notice, payment or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during CITY's regular business hours or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses listed below, or at
such other address as one party may notify the other:
Page 9of11 J-53
To CITY:
Responsible Person: Michael W. Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: Edward Durazo, Senior Project Manager
Vali Cooper & Associates, Inc.
1935 Chicago Avenue, Unit A
Riverside, CA 92507
[Signatures on next page.]
Page 10 of 11 J-54
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
Dated: VALi COOPER & ASSOCIATES, INC.
("CONSUL TANT")
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Dated: CITY OF RANCHO PALOS VERDES
("CITY")
By:
Mayor
ATTEST APPROVED AS TO FORM
By: By:
Page 11 of 11 J-55
Exhibit "A":
City's Request For Proposals
Exhibit "A" J-56
Exhibit "A"
City of Rancho Palos Verdes
Request for Proposal for
October 1, 2014
Construction Management, Inspection, and Materials Testing Services
The City of Rancho Palos Verdes requests proposals from selected qualified consulting
engineering firms to provide construction management, inspection, and materials testing
services related to the City's Residential Streets Rehabilitation Project.
The successful firm will provide Construction Management, Inspection, and Materials
Testing Services for the City's FY12-13 & FY13-14 Residential Streets Rehabilitation
Project -Areas 1, 5B, and 9. The City is particularly looking for proposals with staff
having prior experience overseeing concrete repair of sidewalks, curb and gutter, and
driveways, ADA-compliant curb ramps, localized AC repair, crack routing and sealing,
Asphalt Concrete (AC) overlay and slurry seal pavement resurfacing treatments, and
signage and striping.
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, October 17,
2014.
The City's budget for the proposed project is roughly $3.5M. The project is currently
being advertised for construction bids and the bid opening is scheduled for Wednesday,
October 29th. It is the City's desire to begin constructing improvements in late
November/early December of 2014 and the project is given 100 working days for
completion. No work will take place during the Winter Break when City Hall is closed
from Christmas Eve to New Year's Day. The construction contractor will likely be
working in multiple areas of the City at the same time and so more than one inspector
will be needed for much of the project duration. Most of the streets will be receiving
slurry seal, with only a small percentage of the streets receiving AC Overlay.
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
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10/01/2014
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(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 and 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:
1. Full-time batch plant inspection for the first day 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. Field samples shall be obtained and transported by a technician certified in AC
Overlay testing methods
Slurry Seal:
1. Field samples shall be obtained and transported by a technician certified in slurry
seal testing methods
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Page 3 of7
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, ISSA, 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 (be
sure to clearly state the exact role that each individual will be serving for 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 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
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 Meetin
J-59
City of Rancho Palos Verdes
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p 4 f7 age o
Item 3 -Materials Testing Services
(a) AC Overlay Testing
(b) Slurry Seal Testing
(c) 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 Countryman. Questions may be submitted via fax to (310) 544-5292 or e-mail
to melissac@rpv.com . All questions must be received by noon on Tuesday, October
14, 2014.
Please note that the responses to this request for proposal are subject to the following
conditions:
Insurance
The City of Rancho Palos Verdes requires the selected firm to have a minimum of
$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,
J-60
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Page 5 of7
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
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.
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Page 6 of7
Figure A
Residential Streets Rehabilitation Project FY 12-13 & 13-14, Areas 1, 58, & 9
Project Scope Overview
Major Project Component Tons SF/LF Qty
1.5" AC Overlay Approx. 1650 NIA NIA
Slurry Seal NIA Approx. 5,800,000 SF NIA
Concrete Curb Access Ramps NIA NIA 5
Concrete Sidewalk and
Driveway Approach NIA Approx. 3,700 SF NIA
Concrete Curb and Gutter NIA Approx. 11,250 LF NIA
J-62
City of Rancho Palos Verdes
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Page 7 of?
PALOS VERDES DR WEST
Figure B
l_ -------
Pavement Zones
WESTERN A VENUE
or~a .....
J-63
Exhibit "B":
Consultant's Proposal, including Schedule of Hourly Rates
Exhibit "B" J-64
J-65
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
TABLE OF CONTENTS
QUALIFICATIONS AND EXPERIENCE -KEY PERSONNEL ............................................ 4
QUALIFICATIONS AND EXPERIENCE -FIRM ............................................................ 13
QUALIFICATIONS AND EXPERIENCE -SUBCONSULTANTS ...................................... 18
PROJECT APPROACH ............................................................................................... 19
WORK PLAN APPROACH AND SCHEDULE ................................................................ 20
EXCEPTIONS TO THIS REQUEST FOR PROPOSAL ..................................................... 25
INSURANCE AND INDEMNIFICATION ...................................................................... 26
Vali Cooper & Associates, Inc
CONSTRUCTION & PROGRAM MANAGEMENT 1 J-66
VALi COOPER & ASSOCIATES, INC.
CONSTRUCTION & PROGRAM MANAGEMENT
October 17, 2014
Melissa Countryman
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd.
Rancho Palos Verdes, California 90275
Re: Proposal to Construction Inspection Services for Fiscal Year 2013/2014 Residential Streets
Rehabilitation Project -Areas 1, SB, and 9
Dear Ms. Countryman:
Vali Cooper and Associates, Inc. (VC&A} is pleased to submit the following proposal to provide construction
management, inspection and material testing services to the City of Rancho Palos Verdes (City) for Fiscal Year
2013/2014 Residential Streets Rehabilitation Project Areas 1, SB, and 9. VC&A is privileged to provide a
highly qualified team to meet your requirements for these projects.
Company Background and Qualifications
VC&A was founded in 1987 and since has grown to a staff of over 175+ engineers, inspectors, and contract
administrators working throughout California. Listed by Engineering News-Record for the past fourteen years
as one of the nation's top 100 Construction Management firms, VC&A has earned a reputation for servicing
clients' needs at a very high level statewide.
Expert Personnel with the Right Combination of Talent and Experience
VC&A is proposing a very cost effective approach to managing this project, while still providing the City with a
successful and quality project to address the City's entire needs. Serving as our Contract Manager will be Ed
Durazo, CPM, QSP. Ed will be responsible for managing the contract between the City and VC&A and he will
work to carefully control budgetary costs while at the same time maintaining adequate staffing levels and
verifying that all critical milestones and deadlines of this 100 working day project are met.
We are excited to add to our team CPM Partners who will be providing Eric Strickland, PE as your
Construction Manager/Inspector. Mr. Strickland provides vast experience in asphalt overlay and slurry seal
improvement projects. Mr. Strickland is familiar with the City of Rancho Palos Verdes staff, City processes and
procedures through his past experience serving as your Construction Manager for the Palos Verdes Drive
South project in 2012. We are also proposing our Remi Nunez, who has over 28 years of experience in the
public works industry serving as a Senior Public Works Inspector on many pavement rehabilitation projects
and who will be serving as a secondary Inspector for the field inspection efforts. These two professionals will
provide the City with extensive knowledge gained through their past experience on projects with scopes of
work which among their many duties also involved sensitivity to businesses and residential neighborhoods
associated with similar improvements. All aspects of this series of projects will be managed proficiently and
proactively in order to protect the best interests of the City at all times. With regard to the total VC&A team,
materials testing will be provided by our subconsultant Group Delta Consultants.
WhyVC&A?
VC&A is poised and ready to assist the City with a top-notch, truly available team of construction
professionals. Our team has the right attitude and technical expertise needed for the successful completion
700 SOUTH FLOWER STREET, SUITE 1100•:· LOS ANGELES, CA 90017 •:• (213) 232-1131 •!• FAX: (213) 688-0176 J-67
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
of this project. In summary, the VC&A team will provide several differentiators that make us the most
qualified firm to represent the City of Rancho Palos Verdes on this exciting project:
Highly competent staff with an unparalleled reputation and proven capability and expertise
Significant current and past experience working as an extension of client staff
" Proven performance and relevant experience as evidenced by our excellent client references
Extensive experience working on projects of a similar nature
u A thorough understanding of this project, and a "jump start" plan to get this project underway
quickly and efficiently in order to represent the City in the highest quality manner possible
• And most of all, we really want this job!!!
VC&A offers you the essential management experience and experienced staff with the right skills and
commitment to provide the high-level support you require. We are committed to providing the City with the
highest quality services available and look forward to building a successful working relationship with the City
of Rancho Palos Verdes. Please do not hesitate to contact Ed at (626) 926-1568, or
Edward.Durazo@valicooper.com, should you have any questions regarding our submittal.
Respectfully submitted,
VALi COOPER & ASSOCIATES, INC. t.ebe~~
President/Principal-In-Charge
Vali Cooper & Associates, Inc.
<:ONSTRU(TION e. PROGRAM MANAGE.MENT 3 J-68
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
QUALIFICATIONS AND EXPERIENCE -KEY PERSONNEL
Recognizing the excellent relationship and past project experience between the City and designated
experienced team members proposed by VC&A, the City of Rancho Palos Verdes can be assured that your
project will be correctly and thoroughly managed in the most effective and efficient manner possible.
Additionally, the "hands-on and firm, but fair" approach the VC&A team bring will verify your project is
completed on schedule and within budget. Our team's relevant and local experience will allow us to
troubleshoot problems in advance and develop cost effective solutions to keep the project on schedule,
within budget and "moving" at all times.
Organization Chart
The following Organizational Chart outlines the structure of our proposed team and the relationships as well
as respective responsibilities of each individual.
CONSTRUCTION MANAGEMENT I ,
INSPECTION ;
Eric Strickland, PE
CPM
PARTNERS
Resumes
Resumes for key personnel follow.
Vali Cooper & Associates, Inc.
CONSTRUCTION & PROGRAM MANAGEMENT
Melissa Countryman
Project Manager
CONSTRUCTION INSPECTOR
Remi Nunez
CONTRACT MANAGER
Ed Durazo, CPM, QSP
MATERIALS TESTING
John Thune
GROUP
DELTJ\
4 J-69
Firm: Vali Cooper & Associates
Total Years of Experience: 23
Education:
General Studies
Registrations/ Certifications:
Certificate, Project
Management
Certificate, Construction
Management
California Stormwater
Quality Association
(CASQA), Qualified SWPPP
Practitioner (QSP)
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
Ed Durazo, CPM, QSP
Role: Contract Manager
Ed Durazo has over 23 years of experience in the construction management
industry. Throughout his career, Ed has been recognized for his dedication,
efficiency and enthusiasm as a professional who strives on building
relationships, and coaching and mentoring the people who surround him
with his knowledge and expertise. Ed is a confidant and credible individual,
with communications skills that inspire at all levels of business. He is a
meticulous organizer, who possesses excellent communication and team
working abilities who also performs very well under pressure. With an
active commitment to continuous improvement and quality standards, he
strives to create a positive atmosphere that motivates others and builds
team spirit. He possesses strong relationship building skills that typically
result in foundations of trust with his contacts, thus developing long term
and solid relationships with public agencies throughout California.
Selected Project Experience
AS-NEEDED CONSTRUCTION MANAGEMENT SERVICES
City of San Diego, California
Mr. Durazo served as Contract Manager providing construction management and inspection services to the
City of San Diego Field Division. The firm was responsible for full resident engineer/inspection services for
multiple projects, including: Harbor Drive Water Main Steel Pipeline Replacement, Point Loma Interceptor
Sewer, Miramar Trunk Sewer, Balboa Park HDPE Irrigation Piping and the 1-805/La Jolla Village Drive
Interchange, to name a few. Mr. Durazo coordinated the staffing of project task orders and provided the
oversight of the re/inspectors efforts on leading the weekly meetings, preparing daily reports, reviewing the
contractor's schedule, performing field inspection, coordinating with water/wastewater operations,
installation and verification per the approved traffic control plans, traffic control, coordinating construction
activities, outages, and bypasses with users, coordinating construction activities with permitting agencies,
reviewing material and compaction test reports, reviewing and approving monthly progress payment
applications, negotiating and preparing change orders, and performing close-out services. Mr. Durazo also
provided proposals for task orders, monthly budget updates and hiring/ oversight of sub-consultants.
STH STREET DRAINAGE AND REHABILITATION PROJECT
City of Rancho Palos Verdes, California
Mr. Durazo served as the Construction Manager for the installation of over 1000' of 36" HDPE storm drain
and the construction of an energy dissipater outlet structure. The project also included new roadside
drainage structures and an asphalt base leveling course along with the placement of rubberized asphalt.
SAN RAMON DRAINAGE AND LANDSLIDE STABILIZATION
City of Rancho Palos Verdes, California
Mr. Durazo served as the Construction Manager for this $9 million project which consisted of the
abandonment of an existing storm drain and the installation of new storm drain (HDPE and RCP); importing
over 75,000 cubic yards of soil material to buttress and stabilizing the active landslide movement;
constructing an energy dissipater; biological remediation; landscape removals and replacements; installation
of surface drainage; and the re-construction of the existing access road. Mr. Durazo served as the City's
representative for all construction issues.
Vall Cooper & Associates, Inc.
CONSTRUCTION & PROGRAM MANAGEMENT
5 J-70
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
ABALONE COVE SEWER IMPROVEMENTS PROJECT
City of Rancho Palos Verdes, California
Mr. Durazo served as Construction Manager for this $4.7 million project, which provided new sewer service
to approximately 100 residents of Portuguese Bend who were on septic tanks and cesspools. The project
consisted of installation of a gravity sewer system and house laterals, low-pressure sewer system and house
connections, and 4 pump stations. Mr. Durazo was responsible for overseeing inspection services on the
project and preventing any potential discharge of sewage into the local storm drains. Mr. Durazo was also
responsible for cursory reviews of shop drawing submittals, Contractor RFl's, progress payments, and change
orders. Mr. Durazo was handled as well community relations including updating the 'Hotline" and website
and responding to the residents in a timely manner with answers to questions regarding the construction of
the project. In addition to his construction management activities, Mr. Durazo assisted the city staff and
design engineer in the redesign of the sewer lines to avoid unidentified obstructions.
BIRCH STREET WIDENING FROM EAST OF FLOWER HILL STREET TO VALENCIA AVENUE REHABILITATION
City of Brea, California
Mr. Durazo served as Construction Manager for this project which involved the construction of curb and
gutter on the north side of Birch Street/Rose Drive, construction of median, construction of driveways, cold
planing and AC placement, drainage improvements, removal and construction of a fence, and signing and
Striping. Mr. Durazo was also responsible for oversight of SWPPP requirements as well as the contractor's
implementation of BMP requirements. Additionally, there was excavation of existing soil and fill slope grading
at 2:1 slope.
LAMBERT ROAD PERIMETER WALL AND WHITIIER SOUND WALL
City of Brea, California
As Construction Manager, Mr. Durazo provided construction management services for this City-inspected
project and provided oversight of SWPPP requirements. The project consisted of a perimeter wall along the
north side of Lambert Road and Whittier Blvd. Street. The block wall increased safety and aesthetics at the
gateway into the Downtown Redevelopment Project area. Additionally, there were utility improvements,
water line replacement and Street reconstruction.
Vali Cooper & Associates, Inc.
CONSTRUCTION & PROGRAM MANAGEMENT
6 J-71
Firm: CPM Partners
Total Years of Experience: 35
Education:
ASS, Civil Technology
Registrations/ Certifications:
AZ Professional Civil
Engineer (PE) No. 27309
Scheduling & Controls Software:
Primavera P6
Primavera P3
Primavera Contractor
Primavera SureTrak
Primavera Contract
Manager
Primavera Expedition
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
Eric Strickland, PE
Role: Construction Manager/Inspector
Eric Strickland is a registered Professional Engineer (PE) with an extensive
knowledge of construction management services gained through more
than 35 years of relevant hands-on experience; including the
management of large construction projects, capital improvement
programs and claims analysis and resolution. During his career, he has
represented both public and private owners in the management,
inspection, CPM schedule review, issue resolution and contract
administration for road, treatment plants, and various types of
infrastructure and building facility projects. As a Construction Manager
he has participated in value engineering workshops, performed
constructability reviews, prepared and received bids, reviewed
construction schedules, administered construction contracts, analyzed
claims, resolved disputes and prepared final reports for owner
reimbursements.
Selected Project Experience
PALOS VERDES DRIVE SOUTH
City of Rancho Palos Verdes, California
Mr. Strickland served as the Resident Engineer for this project and was responsible for managing the arterial
rehabilitation program. The project consisted of asphalt concrete paving operations including full depth
patching; milling and over-laying with 2" lift of rubberized asphalt concrete and micro-surfacing,
construction of new concrete bus pads; ADA compliant access ramps, and replacing sections of curb and
gutter. Additional project features included a small segment of Keystone retaining wall; traffic signage and
striping and pavement markings.
SANTA ANA AVENUE IMPROVEMENTS
County of San Bernardino, California
As Construction Manager, Mr. Strickland provided QA/QC oversight on this ARRA funded project. The project
included grading and placing asphalt concrete over class 2 base; placing an asphalt concrete dike, concrete
curb and gutters, traffic striping and pavement markings, cold planning, and replacing and installing traffic
loop detectors.
REDWOOD TRUNK SEWER AND WWTP HEADWORKS PROJECT
Oxnard, California
Mr. Strickland served as construction manager responsible for project management, contract administration
and oversight of inspection and materials testing services. This project consisted of construction of micro-
tunneled trunk sewer and new headwork structures at Oxnard WWTP. Total construction cost of the related
projects was over $100 Million.
HAWTHORNE BOULEVARD REVITALIZATION PROJECT
Lawndale, California
Mr. Strickland served as the Construction Manager responsible for the daily work of an office engineer,
inspectors, and materials testers on this $12 million project, which consisted of removing and re-grading the
parking in the median, upgrading drainage, paving and slurry seal, improving sidewalks, traffic signals, signs,
light poles, bus stops, irrigation, and landscaping.
Vali Cooper & Associates, Inc.
CONSTRUCTION & PROGRAM M/\NAGEMENT 7 J-72
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
INDIAN SCHOOL ROAD BETWEEN 35TH AVENUE TO 19TH AVENUE
Phoenix, Arizona
As Party Chief on survey crew, Mr. Strickland was responsible for all construction staking on project which
consisted of widening the roadway from 2 lanes to 4 lanes with a center left turn lane, installing new storm
drain system, replacing portions of the existing water main and sewer main, installing new concrete curb &
gutter, sidewalks and driveways, new street lighting system grading and paving of roadway and installation of
2 new signalized intersections on this federally funded project. Project cost ranged between $1.S million to
$4 million.
MCDOWELL ROAD BETWEEN 67TH AVENUE AND 75TH AVENUE
Phoenix, Arizona
Mr. Strickland served as a Lead Inspector/Assistant Project Supervisor for this federally funded roadway
reconstruction/widening project. The project involved widening of the existing roadway from 2 lanes to 4
lanes, plus a center left turn only lane. It also included the installation of new storm drain and sanitary sewer
lines, partial replacement of the existing water main, construction of concrete curb & gutter and sidewalk
with installation of new street lighting and improvement of signalized intersection. Project cost ranged
between $1.5 million to $4 million.
75TH AVE BETWEEN MCDOWELL & THOMAS ROADS
Phoenix, Arizona
Mr. Strickland served as a Lead Inspector/Assistant Project Supervisor for this federally funded roadway
reconstruction/widening project. The Project involved widening of the existing roadway from 2 lanes to 4
lanes plus a center left turn only lane. It also included the installation of new storm drain and sanitary sewer
lines, partial replacement of the existing water main, construction of concrete curb & gutter and sidewalk
with installation of new street lighting and improvement of signalized intersection. Project cost ranged
between $1.5 million to $4 million.
SOUTHERN AVENUE BETWEEN 40TH STREET AND 24TH STREET
Phoenix, Arizona
Mr. Strickland served as a Lead Inspector/Assistant Project Supervisor for this federally funded roadway
reconstruction/widening project. The Project involved widening of the existing roadway from 2 lanes to 4
lanes plus a center left turn only lane. It also included the installation of new storm drain and sanitary sewer
lines, partial replacement of the existing water main, construction of concrete curb & gutter and sidewalk
with installation of new street lighting and improvement of signalized intersection. Project cost ranged
between $1.S million to $4 million
Vali Cooper & Associates, Inc.
C:ONSTRUCllON & PROGRA.t..-1 MANAGEMENT
8 J-73
Firm: Vali Cooper & Associates
Total Years of Experience: 28
Education:
AS, Public Works, Citrus
College, Azusa, CA
Registrations/ Certifications:
• American Construction
Inspectors Association
Registered Construction-IV
Inspector No. 5210
IMSA Traffic Signal
Technician/Work Zone
Safety (Level I}
Traffic Signal Field
Electrician (Level II}
Signs and Markings
Specialist Level I and Level II
Selected Project Experience
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 201312014 Residential Streets Rehabilitation Project
Remi Nunez
Role: Senior Construction Inspector
Remi Nunez has over 28 years of experience in the public works industry,
most recently with the City of Corona Public Works Department as
Senior Public Works Inspector overseeing pavement rehabilitation,
traffic management system installations, and a varied number of other
projects including sewer main installations. Mr. Nunez has also
performed inspection on other major engineering projects for the City of
Corona such as fiber-optic installation of high-density polyethylene
(HDPE) conduit and fiber optic cables; pavement rehabilitation which
included cold-in-place recycling of asphalt concrete on major projects;
sidewalks, concrete structures, driveways, water main and service
installations; sewer main and lateral installations, lift stations, pump
stations; curbs and gutters, retaining walls, earthwork, street excavation
and patchwork; drainage facilities, storm drains, landscape irrigation,
traffic signal installations, street lighting systems; and underground
conduit installations, street painting, and street and traffic sign
installations. Administratively speaking, he has provided services that
included scheduling, estimating, contract change order management,
contractor payment approval, records maintenance, budget
management, public relations, permitting, and construction safety. He
has also provided quality control/assurance inspection services in
conformance with the Uniform Building Codes, Caltrans, and Greenbook
standard specifications.
BUENA SUERTE & LA MIRANDA MEDIAN ADA IMPROVEMENTS
Rancho Santa Margarita, California
Mr. Nunez provided inspection for this project. His responsibilities included the inspection of clearing and
grubbing, confirming SWPPP best management practices(BMP's), mobilization, traffic control, inspection of
asphalt concrete pavement placement, curb and gutter, sidewalk, signing and striping, adjusting of utilities,
slurry seal, and ADA ramps.
ANNUAL RESIDENTIAL SLURRY SEAL
Rancho Santa Margarita, California
Mr. Nunez provided inspection of mobilization, clearing and grubbing, traffic control, SWPPP (BMP's)best
management practices, placement of type 1 and type 2 slurry seal (latex rubber modifier, emulsion
aggregate), crack sealing, pavement striping, and pavement markers.
PAVEMENT REHABILITATION PROJECT
Rancho Santa Margarita, California
Mr. Nunez's inspection efforts on this project consisted of clearing and grubbing, assuring SWPPP best
management practices (BMP's), inspecting traffic control, asphalt concrete pavement, sidewalk
reconstruction, signing and striping of pavement, traffic loop installation, installation of pedestrian count
down modules, adjustment of utilities, manholes and water valves, and construction of ADA ramps.
Vali Cooper & Associates, Inc.
CONStRUCTION & PROGRAM MANAGEi\\ENT 9 J-74
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
TRAFFIC SIGNAL INSTALLATION AT VARIOUS LOCATIONS
Garden Grove, California
Mr. Nunez provided inspection of new traffic signals and striping at Garden Grove Blvd. and Partridge
Street's, which consisted of new installation of conduits, pull boxes, signal poles, control cabinets, signing and
striping. Additional work included traffic signal modifications and striping at Chapman Avenue and
Springdale Street involving modification of existing pole upgrades, wheelchair ramp construction per ADA
requirements, traffic loops and signing and striping. Also, traffic signal modifications and striping were
completed at Lampson Avenue and Lamplighter Street as well as traffic signal modifications and striping at
Brookhurst Street and Lampson Avenue.
VALLEY VIEW STREET RECONSTRUCTION
Garden Grove, California
Mr. Nunez provided inspection for this federally funded project which consisted of removal of existing and
installation of new raised median curb, colored concrete, handicapped curb ramps; bus pads, full depth
pavement recycling and pulverization; cement treated base; micro crack; construction of aggregate base,
asphalt concrete base course and rubberized asphalt concrete surface course; adjustment of existing surface
utility covers to new grade; new traffic striping, signing, pavement markers and markings, traffic signal loops,
landscaping and irrigation work, water meter and service installations.
HARBOR BLVD REHABILITATION AND MEDIAN MODIFICATION
Garden Grove, California
Mr. Nunez provided inspection which consisted of installation of new raised median curbs, colored concrete,
handicapped curb ramps, sidewalk, catch basins, bus pad, cross gutter; removal and replacement of failed
pavement areas (AC Dig-outs); removal of a portion of the existing structural section including asphalt
concrete and aggregate base; milling of existing AC pavement, crack sealing and pavement fabric;
construction of asphalt concrete base course and asphalt concrete surface course; adjustment of existing
surface utility covers to new grade; replacement of traffic striping, signing, pavement markers and markings,
traffic signal loops, landscaping and irrigation work and other items not mentioned above but required by the
plans and specifications.
HARBOR BLVD STREET IMPROVEMENTS
Garden Grove, California
Mr. Nunez provided inspection for street improvements on Harbor Blvd between Palm Street and Lampson
Avenue. Street improvements included street widening, new curbs and gutter, modifications to the existing
median for a future signalized intersection, interim asphalt sidewalk, grinding of asphalt paving, slurry seal,
landscaped median, new driveway approaches, and relocate main water main.
FOUR ARTERIAL STREET REHABILITATIONS AT VARIOUS LOCATIONS
Garden Grove, California
Mr. Nunez provided on-call inspection services on the Four Arterial Street Rehabilitation project at various
locations on Chapman Avenue. This project consisted of replacement of curb and gutter, driveway, wheel
chair ramps and median curbs; pulverization of existing asphalt and base; asphalt resurfacing; and traffic
striping and installation of traffic loops.
Vali Cooper & Associates, Inc.
CONSTRUCTION &PROGRAM MANACEME.Nf 10 J-75
Firm: Group Delta Consultants
Total Years of Experience: 26
Education:
• B.S. James Madison
University, Communications
Registrations/ Certifications:
Caltrans Certified
ACI Field and Laboratory
Certified
Nuclear Gauge Certified
COLTON CROSSING
Colton, California
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
John Thune
Role: Materials Tester
John Thune has over 26 years of practical field experience. He has worked
on a variety of projects, ranging from large hillside grading jobs, to
commercial and industrial developments. John is currently serving as Field
Services Manager supervising 10 field technicians. He is responsible for
internal QA/QC and client relations.
Selected Project Experience
COSTA MESA HIGH SCHOOL PERFORMING ARTS THEATER AND MIDDLE
SCHOOL ENCLAVE
Newport Mesa Unified School District, California
Mr. Thune served as field manager for improvements to the Costa High
Schools which included grading, concrete, steel, asphalt, and special
inspection such as welding.
Mr. Thune served as field services manager for the materials testing and inspection services for the Colton
Crossing Separation Project located in the Union Pacific Railroad Company Railroad and BNSF right of way in
the vicinity of the City of Colton.
1-5/GENE AUTRY WAY WEST
Anaheim, California
Mr. Thune served as field services manager for all quality assurance materials testing on the extension of
Gene Autry West over the Interstate 5, Manchester Avenue, and a new roadway terminating at the existing
Haster Street arterial.
ANAHEIM ON-CALL MATERIALS TESTING & INSPECTION SERVICES
Anaheim, California
Mr. Thune is the field services manager responsible for the QA/QC testing and observation for an ongoing on-
call contract for the City of Anaheim. Projects include street reconstruction and rehabilitation and other
infrastructure improvements. Many of the projects are performed using Caltrans specifications. His duties
include daily interfacing with City Inspectors and contractors.
MORENO VALLEY-ON-CALL MATERIALS TESTING AND INSPECTION
Moreno Valley, California
Mr. Thune is the field services manager for all projects for the City of Moreno Valley On-Call Materials Testing
and Geotechnical Services Contract. Daily duties include scheduling field and fab shop inspections, review of
project plans and specifications to insure contractor compliance, supervising technicians performing on-site
testing, and preparation of reports for the City.
ON-CALL CONTRACT-CONSTRUCTION MATERIALS TESTING AND GEOTECHNICAL SERVICES FOR FIVE
ARTERIAL STREET REHABILITATION PROJECT
Garden Grove, and Orange County, California
Mr. Thune serves as the field services manager for the construction materials testing services on the Five
Arterial Street Rehabilitation Project. The rehabilitation includes removal and replacement of failed asphalt
Vali Cooper & Associates, Inc.
CON5n!UCTION t. PROGRAM MANAGE:MENl 11 J-76
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
concrete, grinding and asphalt concrete overlay with pavement reinforcing fabric. The project scope of work
also includes removal and replacement of Portland Cement Concrete (PCC) sidewalk, curb, and gutter, cross
gutter, drive approaches, curb ramps, and new bus pads.
TUSTIN AVENUE BRIDGE WIDENING
Anaheim, California
Mr. Thune was the field services manager for the soils and inspection testing services for the Tustin Avenue
Bridge Widening project at the SR-91 Freeway. This two-year project involved soils testing and inspection
during embankment fills, pile driving, retaining wall backfill, and slope compaction. Group Delta's field
inspectors worked closely with City inspectors to ensure contractor compliance with both City of Anaheim
Specifications and Caltrans Specifications. Greg provided QA/QC materials testing and inspection services.
CALTRANS DISTRICT 8 -SR-330 EMERGENCY REPAIRS
San Bernardino, California
Mr. Thune was the field services manager for the geotechnical investigation of proposed retaining walls along
1-215, north of SR-210 Segment 11 for civil design firm while working for SAN BAG and Caltrans District 8.
ON-CALL TESTING SERVICES
City of Anaheim, California
Mr. Thune served as Project Manager for the duration of this three year, $250,000.00 per year On-call
Contract with the City. His duties included supervising and coordinating the GDC inspection team; providing
City staff test results and recommendations on a daily basis; providing QA/QC testing and observation during
street rehabilitation on many streets within the city; and performing testing and sampling per Caltrans
specifications on A.C. paving and concrete placement.
STATE ROUTE 73-ROUTE 5 TO FORD UNDERCROSSING
Orange County, California
As part of the general contractor's team, Mr. Thune served as Project Manager for this project. GDC staff
provided quality control materials testing and inspection for the widening and RH MA-G overlay
improvements for this stretch of Toll Road in Orange County. The project is ongoing and will eventually
involve the placement of nearly 77,000tons of RHMA-G pavement. The QC components include inspection
during asphalt concrete production and placement. GDC staff was responsible for initial mix design testing
and preparation of the project Quality Control Manual. Inspection and testing services are being performed
in accordance with the latest edition of the Caltrans Construction Manual and test methods. Field personnel
monitored AC temperatures and thickness during placement.
STATE ROUTE 74 WIDENING AND IMPROVEMENTS
Riverside County, California
As part of the general contractor's team, John served as Project Manager for this project. GDC staff provided
quality control materials testing and inspection for the widening and improvements of the first segment of
SR-74 in Riverside County. The project involved the improvement of approximately 5 miles of SR-74
between Lake Elsinore and Perris, including reconstruction of existing lanes and the addition of up to two
lanes in each direction. The QC components included inspection during asphalt concrete production and
placement. GDC staff was responsible for initial mix design testing and preparation of the project Quality
Control Manual. Inspection and testing services were performed in accordance with the latest edition of the
Caltrans Construction Manual and test methods. Field personnel monitored AC temperatures and thickness
during placement. Nuclear gauge density testing was conducted on the finished AC to ensure compliance
with project specifications.
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CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
QUALIFICATIONS AND EXPERIENCE -FIRM
Firm Profile
Since our establishment in 1987, Vali Cooper & Associates, Inc.
(VC&A) has provided construction and program management
services to public and private sector clients throughout California.
We provide these services from project inception through
construction, project closeout and operations. When the public is
your ultimate client, VC&A believes that project success is measured
not only by meeting the schedule and budget, but also by providing a
project that minimizes public inconvenience.
The VC&A Team has been providing construction management and
staff augmentation for public agencies and private utility companies
for the past 27 years. With a staff more than 175+ licensed
engineers, construction and program managers, inspectors, office
engineers, technicians and administration support in offices
throughout the state, VC&A has developed a reputation of delivering
unmatched management solutions that exceed client expectations.
For the past fourteen years, VC&A has been listed by Engineering
News-Record as one of the nation's top 100 construction
management firms.
Among VC&A's core specialties are construction management and
inspection of infrastructure projects such as roadway and bridge
construction, street improvements, sidewalk, driveway and
curb/gutter repair, storm drain construction, traffic signal
construction, and underground utility construction.
Because construction management and inspection is our specialty,
we have developed proven quality control measures and
administrative procedures that enable us to perform above and
beyond industry standards. VC&A has provided construction
management and inspection services to over 200 different public
agencies, including every Caltrans district, several county measure
agencies, and numerous cities and counties throughout California.
VC&A staff understands the importance of providing timely
inspections, accurate and thorough documentation of the work
through daily diaries. VC&A staff has the hands-on experience and
training to effectively inspect local agency and Caltrans oversight
projects and team member are extremely knowledgeable of
Greenbook and Caltrans specifications and procedures. Our staff also
has the ability to quickly recognize issues and recommend solutions
to correct field problems. We have an excellent understanding of
what to expect and what is required on our projects and we have
systems in place that enable us to respond quickly to any staffing
request.
Vali Cooper & Associates, Inc.
CONSTRUCTION~' PROGRAM MANMEMF.f.ll
~
()
> ATAGLANCE
Established: 1987
Size of Staff: 175+
Number of Offices: 9
Organization: Corporation
DBE Status: None
Office Providing Services:
Vali Cooper & Associates, Inc.
700 South Flower Street, Suite 1100
Los Angeles, California 90017
Tel: 213.232.1131
Fax: 213.688.0176
Office Locations:
• Riverside
• Los Angeles
• San Diego
• Orange
• Emeryville (Corporate)
• Sacramento
• Lathrop
• Murphys
• Carson City, Nevada
Services Provided:
• Program/ Project Management
• Construction Management/
Inspection
• Storm Water Programs/ Planning I
Training
• Engineering/ Building Plan Check
11 Staff Augmentation
Markets Served:
• Transportation
• Building I Facilities
• Water I Wastewater
• Levee I Flood Control
• NPDES Compliance
• Utilities
13 J-78
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
Relevant Experience I Qualifications
VC&A has a reputation for delivering on time and within budget projects for local agencies just like the City of
Rancho Palos Verdes. With the strong and experienced team proposed by VC&A, the City can be assured that
their projects will be correctly and thoroughly managed in the most cost effective and efficient manner
possible. The following examples serve as a representative sampling of projects that demonstrate the Team's
capabilities and experience. Each of these projects contains similar project elements to those mentioned in
the City's RFP.
Reference:
Alan Bosia
City of Riverside
3900 Main Street
Riverside, CA 92522
Tel: (951) 377-5208
Email: abosia@riversideca.gov
Vali Cooper & Associates, Inc.
CONSTRUCTION t. P~OCRAM MANAGEMENT
ON-CALL CONSTRUCTION ENGINEERING/ ALESSANDRO
BOULEVARD IMPROVEMENTS
City of Riverside, California
VC&A provided a construction management services team
including resident engineer, assistant resident engineer and
inspectors for this fast track, challenging project that widened a
major thoroughfare from Arlington Avenue to Trautwein Road.
Work included relocating and replacing curb, gutter, sidewalk,
cross gutters, spandrels, and driveway approaches; removing and
narrowing an existing median to verify three lanes of travel in both
directions; constructing retaining walls at the intersection of
Arlington Avenue and Alessandro Boulevard; electrical
improvements included underground conduit for relocating an
existing overhead electric utility; installing traffic detection loops;
relocating and installing existing and new street lights;
constructing a wireless video detection system; installing new
traffic signal poles/arms, a controller and electric pedestal;
landscaping and irrigation; installing new water services, backflow
assemblies and pressure reducers; pavement removal and grading;
and asphalt grinding and paving overlay and thermoplastic of
roadway striping and legend.
14 J-79
Reference:
Kamyar Dibaj, PE
Senior Civil Engineer
11222 Acacia Parkway
Garden Grove, CA 92840
Tel: (714) 741-5191
Email:
kamyard@ci.garden-grove.ca.us
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
ON CALL CONSTRUCTION INSPECTION
City of Garden Grove, California
Since 2008, VC&A provided on-call construction inspection services for
various projects in the City of Garden Grove that included roadway
improvements, street widening, sewers, storm drains, traffic signals,
utilities, freeway interchanges, railroad underpasses, and similar
construction to ensure compliance with City ordinances and Caltrans
standard specifications. To date, specific projects have included:
TRAFFIC SIGNAL INSTALLATIONS AND MODIFICATIONS AT VARIOUS
LOCATIONS
VC&A provided inspection for new traffic signal and striping at Garden
Grove Blvd and Partridge Street, traffic signal modification and striping
at Chapman Avenue and Springdale Street, traffic signal modification
and striping at Lampson Avenue and Lamplighter Street and traffic
signal modification and striping at Brookhurst Street and Lampson
Avenue.
2012SLURRYSEALPROJEC~PHASEI
VC&A provided inspection services of crews sealing pavement cracking
prior to slurry seal application for various locations within the City.
FIBER OPTIC AMBER ALERT SIGNS
VC&A provided inspection services for the placement of two (2) Fiber Optic Signal Interconnect and Amber
Alert Systems for the City. Boring and jacking for the fiber optic cable placement resulted in repair of asphalt
and concrete. Also, two control cabinets for the amber alert system were installed.
CHAPMAN AVENUE IMPROVEMENTS
VC&A provided inspection services for this street improvement project. The inspection services included the
rehabilitation of access ramps for ADA compliance, and removal and replacement of AC pavement. Also
included was sidewalk removal for boring and jacking of the electrical conduit; AC repair as needed;
placement of two Amber Alert signs; and raising manholes and water valve cans to grade along with new
placement of thermal plastic striping of the streets.
SAFE ROUTE TO SCHOOL PEDESTRAIN CROSSING
VC&A provided inspection services for school crossings and ADA required access ramps, removal and
replacement existing sidewalks, at eight school locations in the City of Garden Grove.
BROOKHURST STREET/GARDEN GROVE BOULEVARD INTERSECTION IMPROVEMENTS
VC&A provided inspection services for widening the easterly side of Brookhurst Street to provide a right lane.
Work included, curb and gutter, sidewalks, driveway, wheel chair ramps, median curbs, cold planning existing
asphalt, traffic signal modifications, asphalt resurfacing, fire hydrants, landscaping and irrigation, traffic
striping.
Vali Cooper & Associates, Inc.
CONSYRVCl!O~l & PROGRAM MANAGEMENT 15 J-80
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
FOUR ARTERIAL STREET REHABILITATION AT VARIOUS LOCATIONS
VC&A provided inspection services covering four street rehabilitation locations on Westminster Avenue,
Brookhurst Street, and two portions of Chapman Avenue. The overall project consisted of replacement of
curb and gutter, driveway, wheel chair ramps, median curbs, pulverization of existing asphalt and base
material, asphalt resurfacing, traffic striping and installation of traffic loops.
Vali Cooper & Associates, Inc.
CONSTRUCTION & PROGRAM MANAGEMENT 16 J-81
Reference:
Alvin Papa
Senior Civil Engineer
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
Tel: (714) 229-6746
Email: apapa@ci.cypress.ca.us
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
ON-CALL CONSTRUCTION MANAGEMENT/
ENGINEERING SUPPORT/ TESTING AND INSPECTION
City of Cypress, California
VC&A has provided construction management, engineering support,
and testing and inspection services on an "as-needed" basis to the
City. Projects have included:
2011/12 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 72
VC&A provided construction management and inspection services on
the slurry sealing of various streets in the City of Cypress as well as
various concrete repairs at miscellaneous locations within the City's
right-of-way. Construction duration was approximately 90 working
days. VC&A managed and inspected daily construction activities,
monitored traffic control, inspected contractor operations including but not limited to mobilization,
surveying, traffic control, crack sealing, removal and replacement of AC paving, removal of existing traffic
striping and markers, Type I and II Slurry Seal with 2.5% Polymer Modified (Rubber Latex), replacement
traffic striping, markers, and curb paint. Additional project elements include removal and replacement of
PCC curb and gutter, PCC sidewalk, PCC cross gutter and spandrel, ADA curb ramps, installation of detectable
warning surfaces, tree removal and stump grind, safety compliance and compliance with storm water
pollution prevention plans.
EDGEMONT CIRCLE SEWER REHABILITATION PROJECT, PUBLIC WORKS PROJECT NO. 2010-07
VC&A provided inspection on the Edgemont Circle Sewer Rehabilitation project which consisted of removal
and replacement of existing VCP sewer lines on Edgemont Circle in the City of Cypress. The construction
duration was 10 working days. VC&A managed and inspected daily construction activities, monitored traffic
control, inspected contractor operations including but not limited to mobilization, surveying, traffic control,
excavation, bypass installation, remove and replace existing VCP sewer line, bedding, re-establish laterals,
slurry backfill, hot mix asphalt, replacement of traffic striping and markings, pavement markers, safety
compliance and compliance with storm water pollution prevention plans.
2012/13 RESIDENTIAL STREET REHABILITATION PROJECT
VC&A provided construction management and inspection for the City Pavement Management Program which
consisted of sealing all cracks, repairing areas of extensive cracking, slurry sealing of the pavement,
repainting curb address numbers, removal and replacement of select parkway trees, repairing lifted
sidewalks and curb and gutter, and installation of ADA curb ramps.
17 J-82
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
QUALIFICATIONS AND EXPERIENCE -SUBCONSULTANTS
Subconsultants
VC&A is proposing a very cost effective approach to managing this contract, while providing the City with the
quality and responsiveness it has come to expect. As detailed in our proposal, the VC&A team has
demonstrated extensive construction management, inspection and administration experience, coupled with
the depth and breadth of required resources to successfully deliver a broad range of high quality construction
management services to Rancho Palos Verdes. The VC&A Team's familiarity with the City, history of
responsiveness, and local presence, reinforce our commitment to provide unsurpassed attention to the City's
needs and requirements. Specifically, as noted above, VC&A intends to utilize the subconsultant services of
the following firms:
Group Delta Consultants, Inc.
Established in 1986, Group Delta Consultants, Inc. (Group Delta) is a
consulting engineering firm that provides civil and geotechnical
engineering, geology, earthquake engineering and materials testing
and inspection. With offices throughout the State, Group Delta has
established a record of completing projects on schedule and within
budget for major clients in the public sector including SAN BAG, RCTC,
Caltrans, OCTA, and several cities and agencies throughout California.
Group Delta has in-house geotechnical and materials testing
laboratory facilities to conduct a variety of testing on soils and other
building materials. The firm's laboratories are equipped with state-
of-the-art equipment to perform tests in accordance with the
American Society of Testing and Materials (ASTM) and AASHTO, as
well as other applicable standards and their laboratories are certified
by Caltrans and the City of Los Angeles. Group Delta's service
capabilities in geotechnical and materials laboratory testing include
Caltrans District 7 On-Call Inspection and Materials Testing Contracts
in Los Angeles and Ventura Counties and the Beach Boulevard and
Whittier Boulevard Resurfacing projects in La Habra.
CPM Partners
CPM Partners, Inc. issE, oaei specializes in construction management,
project scheduling, construction claims analysis and mitigation. A
client-centered, service-oriented company, CPM Partners is committed
to building relationships with clients and their stakeholders to
successfully manage the construction process from project inception to
closeout. CPM assists Public Agencies and Special Districts throughout
Southern California by providing the right resources at the right time
and for just as long as is required thereby maximizing the benefit to
clients while minimizing the project costs. Representative Projects
include the San Gabriel Plant Improvement Project in Glendora as well
as several infrastructure projects as part of the San Diego County-wide
As-Needed Construction Management Services including the $14M
South Santa Fe Road Improvement project.
Vali Cooper & Associates, Inc.
CONSTRUCTION & PROGRAM MANAGEMENT
GROUP
DELT.L\.
Established: 1986
Size of Staff: 108
Number of Offices: 6
Organization: Corporation
Role: Materials Testing
DBE Status: None
CPM
PARTNERS
Established: 2007
Size of Staff: 12
Number of Offices: 1
Organization: Corporation
Role: Construction Management
and Inspection Support
DBE Status: SBE, DBE
18 J-83
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
"CPM Partners was retained by the City of Glendora to provide Construction
Management and Inspection service for our San Gabriel Plant Improvements
project in April of 2012. San Gabriel Plant is a 1.7 MGD water production facility
that provides the City with approximately 70 percent of our potable water .
... Mr. Strickland has been invaluable in protecting the City's interest in holding the
Contractor to the Plans and Specifications and has successfully negotiated
numerous change orders providing credits to the City through value engineering.
CPM Partners truly has the City's best interest in mind and we would not hesitate
to retain their services again in the future."
PROJECT APPROACH
Project Understanding
Noel Zemla, PE
Engineering Division Manager
City of Glendora, Department of Public Wori<s
The City of Rancho Palos Verdes Residential Streets Rehabilitation Project, Areas 1, 58 & 9 Overlay and
Slurry Seal Rehabilitation Project consists of three separate areas that will include edge mill and AC overlay,
slurry seal applications, removal and replacement of sidewalk, driveway aprons, curb & gutter and ADA-
compliant curb ramps that will be installed as identified in the contract drawings. This project involves a
mixture of pavement repair/rehabilitation construction methods with an overall goal of improving the
condition of the existing residential streets within the City.
As part of the Base Bid, the City has identified locations where the edge mill and grind AC overlay method will
be used as well as slurry seal applications. These locations are spread throughout the City therefore, our
team will coordinate all activities to verify that mill grinding is being performed as described in section 20 of
the Technical Provisions and that the streets are prepared, per the contractual requirements, prior to the
slurry applications. All streets receiving pavement rehabilitation include the removal and replacement of
existing pavement markings, striping and markers as identified in the plans and specifications. The general
contractor will be responsible for protecting the environment including compliance with the NPDES general
permit issued by the State Water Resources Control Board and will comply with Stormwater Best
Management Practices (BMP'S) for the duration of the project.
With the 100 working day completion requirement, the awarded Contractor will want to begin immediately
to avoid any delays or potential liquidated damages. From our past experience, we will coordinate a kickoff
submittal workshop in order to educate the Contractor on submitting procedures for documents such as
Baseline Schedule, submittals and RFl's to name a few. We will schedule a "Scheduling Workshop" so that all
the required activities are included in the base line schedule in order to expedite the acceptance of the
schedule.
Vali Cooper & Associates, Inc.
CONSiRUCTION g, f'ROGAAM MANAGEMENT 19 J-84
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
WORK PLAN APPROACH AND SCHEDULE
Given our team members strong relationship and past experience working with the with the City of Rancho
Palos Verdes you can be assured that your project will be correctly and thoroughly managed in the most
effective and efficient manner possible. Additionally, the "hands-on and firm, but fair" approach the VC&A
team bring will verify your project will be completed on schedule and within budget. Our team's relevant
experience will allow us to troubleshoot problems in advance and develop cost effective solutions to keep
the project on schedule, within budget and "moving" at all times.
Critical Success Factors to Staff, Support, and Complete the Work
The VC&A and CPM team cite extensive success in delivering projects within their construction schedules and
budgets. The team will therefore, on this upcoming contract, achieve on-time delivery for this project by
implementing the Work Plan that follows, removing any "stumbling blocks" ahead of time by focusing on
diligent management of contract work and a proactive and collaborative approach to mitigating and resolving
potential claims issues.
Quality/ Cost Control Assurance
To assure that the quality of our field operations meet your requirements, and those of the contract
provisions, VC&A has implemented an internal quality control (QC) program. All field operations will be
evaluated for safety, inspection, equipment maintenance, record keeping, photo documentation and
administration. VC&A's Construction Manager Eric Strickland and Contract Manager Ed Durazo will be on-site
periodically to review and maintain project files, evaluate project safety, and verify compliance to contract
plans and specifications.
Challenges and Solutions
Key to the successful completion of the Residential Streets Rehabilitation Project, Areas 1, 5B & 9 Overlay and
Slurry Seal Rehabilitation Project will be effective communications and coordination of the many aspects of
this construction project. The following key challenges and our solutions offer the City an indication of why
the VC&A team will be the most efficient team to deliver this project.
Challenge: Traffic Control and Safety
VC&A recognizes that effective traffic management is critical to the successful outcome of any
project, both in terms of progress, coordination and safety. The proposed work on this project will
require large, heavy equipment to enter narrow winding roads that will involve detours that could
limit access to the areas affected by residents and emergency services. Given this project is in part
being constructed to enhance public access and safety, special attention will be provided by the
project team to effectively construct the project while providing safe, continuous passage for the
traveling public.
Resolution:
VC&A highly recommends that the contractor provide a Traffic Management Plan, as
outlined. Based on our experience, enforcing this requirement is an effective means of
ensuring the contractor has the personnel and equipment necessary for the anticipated
traffic control and is better equipped to provide additional traffic control should the need
arise. This will be especially meaningful in outlining contingencies for emergency service
access, extended work hours, and managing local traffic during peak hours. Allowable work
hours are always an important factor in maintaining positive traffic control and public/worker
Vali Cooper & Associates, Inc.
CONSTRUCTION & PROGRM1 MA.NAG™ENT 20 J-85
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
safety. Slurry and Paving operations are generally more efficient and safer for the public
during night operations when there are fewer vehicles on the road however, this is not
always an option. VC&A understands there are residences within close proximity to the
project area and the impacts of night operations will be reviewed and mitigated to every
extent possible. However, VC&A understands the expeditious nature of the proposed
improvements and will work with the City's Traffic Department and the contractor to
determine the most effective traffic management strategy.
Challenge: Public Relations
On nearly any given project, managing the public has its own challenges and VC&A truly understands
that to be the case. In view of the fact that the streets slated for pavement rehabilitation are all
located in affluent areas of the City, providing for a smooth and unobstructed passage through the
project will be critical.
Resolution:
VC&A always treats public relations seriously and proactively and promptly initiates a form of
public outreach on each project. This matter can be addressed through advanced and
continued construction schedule and traffic impact advisories via construction information
signs, changeable message signs and information mailers. The VCA team is familiar with
addressing these types of challenges and will work with the Contractor in advising the
residents and stake holders of the current schedules and dates of particular impacts to local
streets and points of interest located within the limits of the improvements. Being aware of
the scheduled construction impacts to traffic will allow the local residents and emergency
services the ability to plan accordingly. The work on this project will be adjacent to resident's
driveways with the potential for short term inaccessibility. VC&A inspectors will assure that
the contractor has coordinated the temporary access restrictions with the residents and will
be on-site to address any complaints or special requests by the public with the contractor.
Challenge: Materials Testing & Sampling
This project will have multiple sites requiring material sampling and testing for compliance with the
contract documents. Coordination and scheduling of material sampling and testing will be crucial in
proper administration of this short term project.
Resolution:
Based upon the Caltrans Quality Assurance Program (QAP) Manual and FWHA requirements
for Use by Local Agencies, and in conjunction with the Cities approved QAP, our plan will
address the material testing and inspection required (source, plant, acceptance, field and any
special requirements), the frequency (schedule) and the processes to be used by both VC&A
and Group Delta. It will also list the material submittals required, including Certificates of
Compliance. VC&A will maintain a log of testing results, as well as, a log tracking the
submittal, review, and/or approval or rejection (and subsequent re-submittal until approved)
of all tests. For material testing, including onsite compaction testing, the VC&A team will
coordinate between the Contractor and Group Delta to schedule appropriate dates and times
for sampling and testing. Any failed tests shall be addressed and appropriate corrective
measures will be taken and documented. VC&A and Group Delta will also conduct source
inspections of materials as needed. All testing will incorporate the requirements of AASHTO,
Caltrans, the Green book, !SSA and ASTM standards. Group Delta representatives will be
properly certified in all test methods utilized.
Vall Cooper & Associates, Inc.
CONSTRUCTION & PROGRAM MANAGEMENT 21 J-86
Project Scope
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
As identified in the RFP, the City has requested that Construction Management and Inspection Services be
implemented throughout the duration of the project. Listed below is a summary outline covering our
anticipated scope of services for this project.
PRE-CONSTRUCTION PHASE ACTIVITIES
Kick Off Meeting Attend Meeting to represent the City of Rancho Palos
Verdes. Review and discuss critical items and issues relative
to preliminary review of contract documents.
(Constructability review).
Participate and support
City. Prepare minutes and
distribute to stakeholders
as desired/required by City
r------------1-----------------------------+-----------------
On-Going Biddability
I Constructability
Review
VC&A will review the bid documents as the first order of
business, and continue to review each new element of the
work. We will proactively review and process the
contractor's RFls and potential change orders, working to
resolve issues efficiently and whenever possible before
they arise.
Internal review of the plans
and specifications on a
weekly basis, especially
before critical path
activities
---------+-----------------------·------1-.............-------------------<
Preconstruction
Conference
Discuss Inspection requirements and establish protocol for
all aspects of the project requirements.
Participate and support
City. Prepare minutes as
desired by the City and
distribute to all
stakeholders.
----------~------------~---··------------------~-----------------···-·
CONSTRUCTION PHASE ACTIVITIES
r---------~------·----·--· ---~-----·----------------,------------!
Communications
Project Controls
(Schedule)
Foster excellent project team communications through
written, verbal and electronic communication. Keep project
team well informed.
Coordinate schedule workshop with Contractor and City.
Assist City PM on monitoring contractor's CPM schedule
and monthly updates. Coordinate work activities on a
weekly and daily basis with Contractor
Conversations; Meetings;
Correspondence; Memos;
E-mail
Provide feedback to City
PM on schedule
>--------·------·-!----------------------------~·-·-·--····-. ·--··-----------------·--··---
Weekly Meetings Attend weekly meetings to discuss schedule status, current Attend and update
and past issues, status of RFls, submittals, and potential activities
change orders, project quality, and safety.
t-------------·--------------------------------f--------------
Liaison Serve as liaison between City and construction contractor Coordinate and
communicate with City and
Project Stakeholders
f----------1---~~---~------------------~-~----~-~-~~----
Resident Concerns Document concerns or conversations with residents and
provide information to the City PM immediately if urgent
Vall Cooper & Associates, Inc.
CONSTRUCTION & PROGRAM MANAGEMENT
Coordinate and notify City
PM as needed
22 J-87
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
Analyze issues and provide appropriate advice to PM Suggestions and
recommendations
·----+------------------
Dispute Resolution Assist PM with recommendations and implement
procedures for reducing the likelihood of disputes and
claims. Assist in the resolution of disputes.
Dispute avoidance:
Suggestions and
recommendations
--·-·-------+--
Quality
Control/Inspection
Observe and monitor all aspects of project including special
inspections, materials testing, documentation, and jobsite
safety for compliance with contract documents. Notify
contractor when work is not in compliance. Prepare daily
inspection reports. Provide photographic and video
documentation of construction process. Encourage and
stress quality in the constructed product.
Photography and
videotapes; Project files;
Daily report
-------·---·---··----·~------------------------------+------·--·-·---j
Progress Payments
[-------·---·-
Change Orders
Review contractor's payment requests. Verify contractor
pay items.
Work with PM for progress
payment approval
----+---·----------!
Assist in the review potential change orders and provide
information that supports or denies CCO. Keep the PM
informed on any changed condition in the field.
Provide assistance on CCO
review for merit. Inform
City PM of any change in
field
------------·----+------------+--··--·--·----;
Safety Meeting Attend Contractor's safety meetings (tool box talks) Attend meetings
1----·------1--------------------------+--------------i
Site Safety Review and monitor contractor's safety program for Proactively prevent
compliance. Notify contractor if unsafe conditions are accidents as possible.
observed. Notify the City if contractor refuses to rectify Accident reports if
unsafe condition. Investigate accidents should they occur. necessary; Keep City PM
informed of safety issues.
r---------·--1-----------------------+-----------------j
Materials Testing
Permit/SWPPP I
Environmental
Compliance
Coordinate material testing. Ensure that all required field
and lab sampling and testing is conducted in timely fashion
for both the asphalt concrete and slurry seal products.
including nuclear density compaction testing, batch plant
inspection, mix properties, wet track abrasion tests (slurry),
emulsion content and the like as specified.
Review and enforce requirements stipulated in permits
issued by regulatory and environmental agencies. Monitor
BMPS.
-·------·-----·~---------·
POST CONSTRUCTION PHASE ACTIVITIES
Obtain and review Test
reports and forward to City
PM. Provide the City with a
comprehensive document
that summarizes all testing
performed on the contract.
Daily inspection reports;
Monitor BMPS
--··-·---------------------------------..-----------j
"As-Built" Drawings Update and provide input on changes from field operations Update As-Built Drawings
on as-built drawings. Review contractor's as-built drawings and monitor contractor's
Vali Cooper & Associates, Inc.
CONSTRVCTiON & PROGRAM MANAGEMENT 23 J-88
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
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for updates as-built drawings
---·-··-----------------·---·----··---·-----------1-----------------i
Final Walkthrough Make final inspections. Prepare punch-list. Verify that
required certificates of compliance and as-built drawings
have been delivered.
Punchlist
----------------------------+------------------!
Final Payment/Final
Deliverables
Assist on review of final progress payment to contractor.
Archive documents and prepare for delivery.
Vali Cooper & Associates, Inc.
(ONSTRUCTION & PROGRAM MANAGEMENT
Assist with final progress
payment review. Deliver
final documents. Prepare
and submit a final report to
the City summarizing entire
project.
24 J-89
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
EXCEPTIONS TO THIS REQUEST FOR PROPOSAL
Per the 10/1/2014 RFP for Construction Management, Inspection and Material Testing Services, below are
the requested changes to the Standard Professional Services Agreement. Please note that Vali Cooper &
Associates has always successfully negotiated client contracts. The comments below are for your
consideration and are open for discussion.
SECTION: Article 3.1 Indemnification
COMMENT: Consequential damages are typically included under a Builder's Risk policy; however the
difficulty with consequential damages for any firm is based on the "un-foreseeability" of what those
damages entail. VC&A provides civil engineering construction management and inspection services
and is not a contractor, and therefore few insurance products cover consequential damages for
professional services firms. Therefore we are requesting to have "consequential damages" deleted
from this clause.
Under a typical CGL policy, the insurer owes the insured the duty to defend suits against the insured
that seek damages on account of bodily injury or property damages arising from an occurrence. The
insurer also owes the duty to indemnify the insured if a covered claim results in a judgment against
the insured. VC&A is prepared to indemnify for those damages however our CGL policy may exclude
the type of consequential damages for which an agency may seek recovery and we believe it's in the
interest of both parties to agree to indemnify for claims for which we have coverage.
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 CONSULTANT, its officials, officers, employees or agents in
connection with the performance of this Agreement, including without limitation the payment of all
consequential damages, reasonable 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, CONSULTANT 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. CONSULTANT shall reimburse lndemnitees for any and all reasonable legal
expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. CONSULTANT's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by CONSULTANT or lndemnitees. All duties of CONSULTANT under this
Section shall survive termination of this Agreement.
Vali Cooper & Associates, Inc.
CONSTRUCTION & PROGMM MANAGEMENT 25 J-90
CITY OF RANCHO PALOS VERDES
CMIT Services for Fiscal Year 2013/2014 Residential Streets Rehabilitation Project
SECTION: Exhibit C Terms for Compliance with California Labor Law Requirements
Similar to above, VC&A agrees to the indemnity clause below however "consequential damages" are
undefined and therefore we cannot ascertain the insurability of "consequential damages". Please
consider the deletion of this requirement:
11. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at
Consultant's expense with counsel reasonably acceptable to the City) the City, its officials, officers,
employees, agents and independent contractors serving in the role of City officials, and volunteers
from and against any demand or claim for damages, compensation, fines, penalties or other amounts
arising out of or incidental to any acts or omissions listed above by any person or entity (including
Consultant, its subcontractors, and each of their officials, officers, employees and agents) in
connection with any work undertaken or in connection with the Agreement, including without
limitation the payment of all consequential damages, reasonable attorneys' fees, and other related
costs and expenses. All duties of Consultant under this Section shall survive termination of the
Agreement.
INSURANCE AND INDEMNIFICATION
VC&A is insured under a Corporate-wide insurance program that includes all operations of the firm under
contract. Corporate-wide insurance is automatically renewed annually and new Certificates are issued by
our broker, Hub International directly to Certificate Holders during the calendar month of December.
Furthermore, a Certificate of Insurance is developed for each new VC&A contract. We have reviewed the
other insurance provisions specified in the RFP and we feel that they can be satisfied. VC&A typically
provides insurance coverage as summarized below.
General Liability $2 million general aggregate
Professional Liability $5 million per claim and aggregate
Automotive Liability $1 million combined single limit
Worker's Compensation $1 million
Vali Cooper & Associates, Inc.
CONSTRUCTION & PROGRAM MANAGEMENT 26 J-91
VALi COOPER & ASSOCIATES, INC.
CONSTRUCTION & PROGRAM MANAGEMENT
Cost Proposal
The work will be performed in accordance with the applicable prevailing wage determination for the project
and is based on daytime work straight time rates and no weekend work.
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
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) Slurry Seal Testing
c) Final Deliverables
$ 64,871.52
$ 186,568.48
$25,000.00
4% MARK-UP
GRAND TOTAL
•
•
•
•
•
•
Based on Split position
(CM and Inspection)
efforts
100 working day contract
duration
Services to be provided in
continuous manner
No work between 12/24
and 1/1
Includes 24 hours pre-
construction Includes
Based on 1.5 inspectors
lnsp. 1-400 hrs
lnsp. 2 -736 hrs
$6,612.00
$283,052.00
/OOSOUTl:FIOWFr<~iTRFFT,SUITF ·11(;0•:• IOS/\t~GFIFS C/1 9001! .;. (713)/37-'1131 ·:· Fii>'. (713) 68[1-()116
J-92
City of Rancho Palos Verdes
Inspection Services for Fiscal Year 2013-2014 Residential Streets Rehabilitation Project-Areas 1, 5B and 9
November 10, 2014
Construction Management Cost of Services Worksheet
Project Schedule I 2014 I 2015
Preconstruction
Construction Phase
Closeout
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Deel
Calendar days! 30 31 31 29 31 30 31 30 31 30 30 31 30 31
Work days~ ~2~ 20 22 22 20 22 22 21 21 22 19 221
stimated Fees
osition Name Rate
Nov Deel Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec_
Totals
roject/Conlrac( Manager!Edward Durazo
m/lnspector !Eric Strickland $188.58 241 1201160116011601120
Inspector Remi Nunez $151.00 161 120l 160l160l160l 120
Monthfy Subtotal
!Material Testing
Mark-Up4%
Fees are based on an 100 calendar day construction contract with NTP on December 15, 2014
744
736
OI Labor
NTE I$
Holidays include New Year's Day, Memorial Day; Independence Day; Labor Day; Thanksgiving (2 days) and Christmas
Costs for job-site construction management office, office equipment, and office furniture are not included in this estimate.
$140,304
$111,136
$251,440
25,000.00
$6,612
$283,052
Should the actual schedule require more or less construction management services than proposed adjustments to this estimate may be reqw
Overtime, rain, holidays and potential time extensions or delays may result in additional construction management services.
This estimate is based on specific scope of work assumptions
Other Direct Costs and Surveying are not included are not included on this fee schedule
Material Testing cost are included in this fee schedule as an allowance
Prevailing Wage-Wages for inspection subject to Calif. Labor Code Section 1772.
J
-
9
3
Exhibit "C":
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Consultant acknowledges that the project as defined in this Agreement
between Consultant and the City, to which this Terms for Compliance with California
Labor Law Requirements is attached and incorporated by reference, is a "public work" as
defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California
Labor Code ("Chapter 1 "). Further, Consultant acknowledges that this Agreement is
subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the Director of Industrial Relations ("DIR")
implementing such statutes. Consultant shall perform all work on the project as a public
work. Consultant shall comply with and be bound by all the terms, rules and regulations
described in 1 (a) and 1 (b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in
certain contracts. The inclusion of such specific provisions below, whether or not required
by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771.4, Contractor shall post job site
notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per
diem wages for each craft, classification, or type of worker needed to perform the
Agreement are on file at City Hall and will be made available to any interested party on
request. Consultant acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and Consultant shall post such rates at each job site
covered by this Agreement.
5. Consultant shall comply with and be bound by the provisions of Labor Code
Sections 177 4 and 1775 concerning the payment of prevailing rates of wages to workers
and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty
to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof,
for each worker paid less than the prevailing rates as determined by the DIR for the work
or craft in which the worker is employed for any public work done pursuant to this
Agreement by Consultant or by any subcontractor.
6. Consultant shall comply with and be bound by the provisions of Labor Code
Section 1776, which requires Consultant and each subcontractor to: keep accurate
payroll records and verify such records in writing under penalty of perjury, as specified in
Section 1776; certify and make such payroll records available for inspection as provided
by Section 1776; and inform the City of the location of the records.
7. Consultant shall comply with and be bound by the provisions of Labor Code
Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section
200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within sixty (60) days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
Exhibit "C" J-94
8. Consultant acknowledges that eight (8) hours labor constitutes a legal day's
work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813
concerning penalties for workers who work excess hours. The Consultant shall, as a
penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the
performance of this Agreement by the Consultant or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than eight
(8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in
excess of 8 hours per day, and 40 hours during any one week shall be permitted upon
public work upon compensation for all hours worked in excess of 8 hours per day at not
less than 11 /2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer
will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, Consultant hereby certifies as
follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract."
10. For every subcontractor who will perform work on the project, Consultant
shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and Consultant shall include in the written contract between it
and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. Consultant shall be required
to take all actions necessary to enforce such contractual provisions and ensure
subcontractor's compliance, including without limitation, conducting a periodic review of
the certified payroll records of the subcontractor and upon becoming aware of the failure
of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Consultant shall indemnify, hold
harmless and defend (at Consultant's expense with counsel reasonably acceptable to the
City) the City, its officials, officers, employees, agents and independent contractors
serving in the role of City officials, and volunteers from and against any demand or claim
for damages, compensation, fines, penalties or other amounts arising out of or incidental
to any acts or omissions listed above by any person or entity (including Consultant, its
subcontractors, and each of their officials, officers, employees and agents) in connection
with any work undertaken or in connection with the Agreement, including without limitation
the payment of reasonable attorneys' fees, and other related costs and expenses. All
duties of Consultant under this Section shall survive termination of the Agreement.
Exhibit "C"
J-95
Attachment D
CITY OF RANCHO PALOS VERDES
PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this eighteenth day of
November, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred
to as the "CITY") and Sunbeam Solar Technologies, Inc. OBA Sunbeam Consulting
(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: Fiscal Year 2012-13 and Fiscal Year
2013-14 Residential Streets Rehabilitation Project, Areas 1, 58, and 9
1 .2 Description of Services
CONSUL TANT shall provide project inspection oversight for the Fiscal Year
2012-13 and Fiscal Year 2013-14 Residential Streets Rehabilitation Project, Areas 1, 58,
and 9, including the coordination of field inspections, aid in project reporting, and
providing project management assistance, as described in the CONSUL TANT's
Proposal, which is attached hereto as Exhibit "B" and incorporated herein by this
reference. In the event of any conflict between the terms of this Agreement and
incorporated documents, the terms of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSUL TANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default
by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish
timely information or to approve or disapprove CONSULTANT's work promptly, or delay
or faulty performance by CITY, other consultants/contractors, or governmental agencies,
or any other delays beyond CONSUL TANT's control or without CONSUL TANT's fault.
2.1 Fee
ARTICLE 2
COMPENSATION
Page 1 of 14 J-96
CITY agrees to compensate CONSUL TANT an amount not to exceed forty-
two thousand dollars ($42,000) for services as described in Article 1.
2.2 Terms of Compensation
CONSUL TANT shall submit monthly invoices for the percentage of work
completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its
best efforts to notify 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.
2.3 Prevailing Wages
CITY and CONSULTANT acknowledge that this project is a public work to
which prevailing wages apply. The Terms for Compliance with California Labor Law
Requirements is attached hereto as Exhibit "C" and incorporated herein by this reference.
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," which in any case shall meet or exceed prevailing wage rates.
The rates in Exhibit "B" shall be in effect through the end of this Agreement.
2.5 Term of Agreement
This Agreement shall commence on November 19th, 2014 and shall
terminate on June 3Qth, 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, CONSUL TANT shall defend,
indemnify, and hold the CITY, its officials, officers, employees, agents and independent
Page 2 of 11 J-97
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
CONSUL TANT's own cost, expense, and risk and shall pay and satisfy any judgment,
award, or decree that may be rendered against lndemnitees. CONSUL TANT shall
reimburse lndemnitees for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. CONSUL TANT's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
CONSUL TANT or lndemnitees. All duties of CONSULTANT 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 or authorized to do business in
the State of California and rated in AM. Best's Insurance Guide with a rating of A:Vll or
better.
3.3 Professional Liability
CONSUL TANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and
aggregate for errors and/or omissions of CONSUL TANT in the performance of this
Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to
do business in the State of California and rated in Best's Insurance Guide with a rating of
A:Vll or better. If a "claims made" policy is provided, such policy shall be maintained in
effect from the date of performance of work or services on the CITY's behalf until three
(3) years after the date of work or services are accepted as completed. Coverage for the
post-completion period may be provided by renewal or replacement of the policy for each
of the three (3) years or by a three-year extended reporting period endorsement, which
reinstates all limits for the extended reporting period. If any such policy and/or policies
have a retroactive date, that date shall be no later than the date of first performance of
work or services on behalf of the CITY. Renewal or replacement policies shall not allow
for any advancement of such retroactive date.
Page 3 of 11 J-98
3.4 Automobile Liability
CONSUL TANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence
and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one
person and five hundred thousand dollars ($500,000) for property damage arising from
one incident. Said policy or policies shall be issued by an insurer admitted or authorized
to do business in the State of California and rated in A.M. Best's Insurance Guide with a
rating of A:VI I or better.
3.5 Worker's Compensation
CONSUL TANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. CONSUL TANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium.
Additionally, CONSULTANT shall provide immediate notice to the CITY if CONSULTANT
receives a cancellation or policy revision notice from the insurer.
(b) CONSUL TANT agrees that it will not cancel or reduce any required
insurance coverage. CONSUL TANT agrees that if it does not keep the aforesaid
insurance in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay, at CONSUL TANT's expense, the premium thereon.
3. 7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSUL TANT shall maintain
on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance
showing that the aforesaid policies are in effect in the required amounts. The commercial
general liability policy shall contain endorsements naming the CITY, its officers, agents
and employees as additional insureds.
3.8 Primary Coverage
The insurance provided by 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.
Page 4 of 11 J-99
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time, with or without
cause, by the CITY upon thirty (30) days prior written notice or by CONSUL TANT upon
ninety (90) days prior written notice. Notice shall be deemed served if completed in
compliance with Section 6.15.
(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,
CONSUL TANT 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 CONSULT ANT for the
full performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data,
exhibits, photographs, images, video files and media created or developed by
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 Written Products.
CONSUL TANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
CONSUL TANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to
which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that the CITY has full legal title to and the right to reproduce the Written
Products. CONSUL TANT shall defend, indemnify and hold the CITY, and its elected
officials, officers, employees, servants, attorneys, designated volunteers, and agents
Page 5 of 11 J-100
serving as independent contractors in the role of CITY officials, harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written Products
is violating federal, state or local laws, or any contractual provisions, or any laws relating
to trade names, licenses, franchises, copyrights, patents or other means of protecting
intellectual property rights and/or interests in products or inventions. CONSUL TANT shall
bear all costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, equipment, devices or processes in connection with its provision
of the services and Written Products produced under this Agreement. In the event the
use of any of the Written Products or other deliverables hereunder by the CITY is held to
constitute an infringement and the use of any of the same is enjoined, CONSUL TANT, at
its expense, shall: (a) secure for CITY the right to continue using the Written Products
and other deliverables by suspension of any injunction, or by procuring a license or
licenses for CITY; or (b) modify the Written Products and other deliverables so that they
become non-infringing while remaining in compliance with the requirements of this
Agreement. This covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
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 CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSUL TANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act
of 1990 (42 U.S.C. § 11200, et seq.).
6.3 Audit
The CITY or its representative shall have the option of inspecting, auditing,
or inspecting and auditing all records and other written materials used by CONSUL TANT
in preparing its billings to the CITY as a condition precedent to any payment to
CONSUL TANT. CONSUL TANT will promptly furnish documents requested by the CITY.
Additionally, CONSUL TANT shall be subject to State Auditor examination and audit at
Page 6 of 11 J-101
the request of the CITY or as part of any audit of the CITY, for a period of three (3) years
after final payment under this Agreement.
6.4 Personnel
CONSUL TANT represents that it has, or shall secure at its own expense,
all personnel required to perform CONSUL TANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing. CONSUL TANT shall
make reasonable efforts to maintain the continuity of CONSUL TANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director
of Public Works of all proposed staff members who will perform such services.
CONSUL TANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSUL TANT
be responsible for its associates and subcontractors' services.
6.5 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, CONSUL TANT has investigated and
considered the scope of services performed, has carefully considered how the services
should be performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.6 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 CONSUL TANT has been
retained pursuant to this Agreement.
6.7 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the laws of the State of California, excluding California's choice
of law rules. Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b) If any legal action or other proceeding, including action for
declaratory relief, is brought for the enforcement of this Agreement or because of an
alleged dispute, breach, default or misrepresentation in connection with this Agreement,
Page 7 of 11 J-102
the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees,
and other costs, in addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSUL TANT was negligent, CITY shall compensate CONSUL TANT for
its testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.8 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 CONSULTANT's direct employ, when it is appropriate and
customary to do so. Such persons and entities include, but are not necessarily limited to,
surveyors, specialized consultants, and testing laboratories. CONSUL TANT's use of
subcontractors for additional services shall not be unreasonably restricted by the CITY
provided CONSUL TANT notifies the CITY in advance.
6.9 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 CONSULTANT or any of the CONSULTANT'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. CONSUL TANT agrees to pay all required taxes on amounts paid to CONSUL TANT
under this Agreement, and to indemnify and hold the CITY harmless from any and all
taxes, assessments, penalties, and interest asserted against the CITY by reason of the
independent contractor relationship created by this Agreement. 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.
Page 8 of 11 J-103
6.10 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.11 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.
6.12 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.
6.13 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 CONSULTANT, and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.14 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
6.15 Notice
Except as otherwise required by law, any notice, payment or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during CITY's regular business hours or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses listed below, or at
such other address as one party may notify the other:
Page 9 of 11 J-104
To CITY:
Responsible Person: Michael W. Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULT ANT:
Responsible Person: Mr. Charles Stephan, Vice President
Sunbeam Solar Technologies, Inc. DBA Sunbeam Consulting
1817 Josie Avenue
Long Beach, CA 90815
[Signatures on next page.]
Page 10 of 11 J-105
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
Dated: SUNBEAM SOLAR TECHNOLOGIES,
INC. OBA SUNBEAM CONSUL TING
("CONSUL TANT")
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Dated: CITY OF RANCHO PALOS VERDES
("CITY")
By:
Mayor
ATTEST APPROVED AS TO FORM
By: By:
Page 11 of 11 J-106
Exhibit "B":
Consultant's Proposal, including Schedule of Hourly Rates
Exhibit "B" J-107
CONSULTING
November 10, 2014
Melissa Countryman, P.E.
Associate Engineer
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Exhibit "B"
1817 Josie Ave
Long Beach, California 90815
www.sunbeamtech.net
RE: Proposal for Project Inspection Oversight for the FY12-13 & FY13-14 Residential Streets
Rehab Project, Areas 1, SB, & 9
Sunbeam Consulting proposes to provide Project Inspection Oversight services for the FY12-13 &
FY13-14 Residential Streets Rehabilitation Project, Areas 1, SB, & 9. With a rate of $105 per hour
for 100 working days at 4 hours a day, the total budget would be $42,000.
Sunbeam Consulting will provide Inspection oversight for the rehabilitation of residential street
concrete and asphalt repairs, slurry seal, striping and markings. Project oversight will include
overseeing field inspectors, material testing technicians, monitoring construction progress, and
coordinating with City staff. In addition, oversight services will include interfacing with residents,
verifying progress in conformance with the plans and specifications, reviewing project quantities,
and verifying quality control.
The principals of Sunbeam Consulting have decades of experience in program management,
project management, construction management, engineering design, and construction
observation of Capital Improvement projects. We are able to assist the City in the required
capacity, and draw upon additional resources if needed during the course of work.
Sincerely,
Charles Stephan, P.E.
Vice President
Sunbeam Solar Technologies, dba
Sunbeam Consulting
chuck@sunbeamtech.net
310.525.0678
Project Management ° Construction Management @ Civil Engineering Design
J-108
Exhibit "C":
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1 . Consultant acknowledges that the project as defined in this Agreement
between Consultant and the City, to which this Terms for Compliance with California
Labor Law Requirements is attached and incorporated by reference, is a "public work" as
defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California
Labor Code ("Chapter 1 "). Further, Consultant acknowledges that this Agreement is
subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the Director of Industrial Relations ("DIR")
implementing such statutes. Consultant shall perform all work on the project as a public
work. Consultant shall comply with and be bound by all the terms, rules and regulations
described in 1 (a) and 1 (b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in
certain contracts. The inclusion of such specific provisions below, whether or not required
by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771.4, Contractor shall post job site
notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per
diem wages for each craft, classification, or type of worker needed to perform the
Agreement are on file at City Hall and will be made available to any interested party on
request. Consultant acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages, and Consultant shall post such rates at each job site
covered by this Agreement.
5. Consultant shall comply with and be bound by the provisions of Labor Code
Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers
and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty
to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof,
for each worker paid less than the prevailing rates as determined by the DIR for the work
or craft in which the worker is employed for any public work done pursuant to this
Agreement by Consultant or by any subcontractor.
6. Consultant shall comply with and be bound by the provisions of Labor Code
Section 1776, which requires Consultant and each subcontractor to: keep accurate
payroll records and verify such records in writing under penalty of perjury, as specified in
Section 1776; certify and make such payroll records available for inspection as provided
by Section 1776; and inform the City of the location of the records.
7. Consultant shall comply with and be bound by the provisions of Labor Code
Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section
200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
Consultant shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within sixty (60) days after concluding work pursuant to this
Agreement, Consultant and each of its subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
Exhibit "C" J-109
8. Consultant acknowledges that eight (8) hours labor constitutes a legal day's
work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813
concerning penalties for workers who work excess hours. The Consultant shall, as a
penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the
performance of this Agreement by the Consultant or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than eight
(8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in
excess of 8 hours per day, and 40 hours during any one week shall be permitted upon
public work upon compensation for all hours worked in excess of 8 hours per day at not
less than 11/2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer
will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, Consultant hereby certifies as
follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract."
10. For every subcontractor who will perform work on the project, Consultant
shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and Consultant shall include in the written contract between it
and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. Consultant shall be required
to take all actions necessary to enforce such contractual provisions and ensure
subcontractor's compliance, including without limitation, conducting a periodic review of
the certified payroll records of the subcontractor and upon becoming aware of the failure
of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Consultant shall indemnify, hold
harmless and defend (at Consultant's expense with counsel reasonably acceptable to the
City) the City, its officials, officers, employees, agents and independent contractors
serving in the role of City officials, and volunteers from and against any demand or claim
for damages, compensation, fines, penalties or other amounts arising out of or incidental
to any acts or omissions listed above by any person or entity (including Consultant, its
subcontractors, and each of their officials, officers, employees and agents) in connection
with any work undertaken or in connection with the Agreement, including without limitation
the payment of all consequential damages, attorneys' fees, and other related costs and
expenses. All duties of Consultant under this Section shall survive termination of the
Agreement.
Exhibit "C" J-110