RPVCCA_CC_SR_2012_11_20_D_Contracts_Residential_Street_Improvements_ProjectCrrvOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:.
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JIM HENDRICKSON,INTERIM DIRECTOR OF PUg,""'I'Al
WORKS
NOVEMBER 20,2012
AWARD CONTRACTS F()I{CONSTRUCTION,
CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES FOR FY2011·2012 AREAS 3 AND 5
RESIDENTIAL STREETS IMPROVEMENT PROJECT -
PHASE I (SUPPORTS 2012 CITY COUNCIL GOAL #4,
PUBLIC INFRASTRUCTURE -CITYWIDE STREET
MAINTENANCE)
CAROLYN LEHR,CITY MANAGER ~.
Melissa Murphy,Associate Engineer
RECOMMENDATIONS
1)Approve the construction plans and project specifications for the FY 2011-2012
Area 3 and 5 Residential Streets Improvement Phase I Project;
2)Award a construction contract to Hardy and Harper,Inc.in the amount of
$2,346,011 for the project;
3)Award a professional services agreement in the amount of $191 ,056 to Merit Civil
Engineering,Inc.for construction management and inspection services;
4)Authorize staff to utilize an additional 10%($253,707)for contingency;
5)Authorize a budget appropriation of $77,697 for costs associated with the
reconstruction of Woodfern Drive;
6)Adopt Resolution No.2012-xxx A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES,AMENDING RESOLUTION 2012-43,
THE BUDGET APPROPRIATION FOR FISCAL YEAR 2012-13,FOR A BUDGET
ADJUSTMENT TO THE CITY'S STREET IMPROVEMENTS PROGRAM WITHIN
THE GENERAL FUND;
7)And authorize the Mayor and City Clerk to execute the agreements.
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BACKGROUND
Every year,the City implements a residential street rehabilitation project as part of its street
improvement program.This current project includes two areas in the City,one adjacent to
Hawthorne Blvd and Silver Spur Rd (Area 3)and the second adjacent to Hawthorne Blvd
and Palos Verdes Drive West (Area 5).These two areas were determined to be in the worst
condition of the residential streets in the City and in greatest need of repair as recommended
by the City's Pavement Management System Report.Primarily due to the large amount of
concrete repair work needed in these areas,this project has been broken up into two
phases,which will each be bid separately.The first phase includes all concrete sidewalk,
curb and gutter,and ADA access ramps,as well as asphalt overlay and full-depth asphalt
replacement for portions of the streets that have been raised due to root intrusion,
replacement of traffic signs as needed to meet current standards,and other preparatory
work for the resurfacing of the streets.The second phase performs any remaining roadway
preparations as needed as well as the actual resurfacing of the residential streets that are
not in need of asphalt overlay,which will require a separate'construction contract from the
first phase of the project.Staff is anticipating awarding the second phase of this project in
approximately 3 months.
DISCUSSION
Phase I project's scope includes roadway rehabilitation consisting of removal of failing
asphalt concrete and base material and replacing it with full-depth asphalt concrete,asphalt
concrete grind and asphalt overlay,installation of ADA-compliant curb access ramps,
removal and replacement of damaged sidewalk panels and curb and gutter,and
replacement of non-compliant traffic signs.
An extensive bidability and constructability review process was conducted for the
construction plans and project specifications.This process lengthened the total design time
for the project,but is anticipated to pay dividends in reducing the likelihood of time and cost
overruns during the construction phase of the project.
Construction Contract
The Phase I portion of the project was publicly advertised and sealed bids were received and
opened on October 18,2012.Sequel Contractors,Inc.submitted the lowest responsive bid
out of the 6 bids received.The following table summarizes the bids received:
BASE BID SUMMARY
Construction Companies Base Bid Amount
Sequel Contractors,Inc.$1,499,000.00
Hardy and Harper,Inc.$1,818,000.00
Sully-Miller Contracting Company $2,212,208.00
Nobest,Inc.$2,263,010.00
PALP,Inc.lExcel PavinQ Company $2,688,859.00
All American Asphalt Corp $2,732,000.00
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On October 26,2012,Staff received a letter from Sequel Contractors,Inc.dated October 23,
2012 requesting to rescind their bid due to a mathematical error they made when preparing
their proposal.Staff had subsequent discussions with Sequel Contractors,Inc.after receipt
of their withdrawal request,and based on their reasoning and timeliness,Staff has no reason
to deny Sequel's request.Therefore,Staff recommends awarding the contract to the next
lowest bidder,Hardy and Harper,Inc.
Staff has verified Hardy and Harper,Inc.'s references and found their past performance on
jobs of similar size and scope to be satisfactory.Furthermore,Hardy and Harper,Inc.has
served as the City's roadway maintenance contractor for many years.Hardy and Harper,
Inc.'s bid documents,bonds,and insurance certificates are in order and their contractor's
license is current.
While the selection of the contractor was established upon the base bid provided in the
proposal,.several bid items were included as additive bid items in order to evaluate the
competitiveness of pricing of some additional desired work items not included in the base
bid's scope and to provide the flexibility needed to keep the proj~ct within budget.Therefore,
some of these items are recommended to be included in the contract,including repairing
concrete driveway approaches,replacing non-compliant traffic signs,and reconstructing
portions of Via Victoria and Woodfern Drive,bringing the total construction contract amount
to $2,346,011 (comprised of $528,011 in additive bid items).
Woodfern Drive
As part of a legal settlement reached between the City and the property owners of 6021
Woodfern Drive on March 2,2012,the City agreed to reconstruct a portion of Woodfern
Drive to correct drainage issues.While it is advantageous for the City to include this work in
the construction contract that performs the asphalt repair of residential streets,the funds to
cover this cost were not included in the budget for the residential street rehabilitation project.
Therefore,Staff recommends that an additional $77,697 be appropriated from the general
fund to cover the costs associated with the reconstruction of Wood fern Drive as agreed upon
in the settlement.Resolution No.2012-xxx,authorizing the budget adjustment,is included
as an attachment.
Construction Management and Inspection Contract
After soliciting proposals through the RFP process,staff recommends awarding the
construction management and inspection services contract to Merit Civil Engineering,Inc.
This firm first began providing construction management and inspection services for the City
about 20 years ago and thus has an indispensable institutional knowledge of the City.In
addition,they have extensive experience in providing construction management and
inspection services for this particular type work.Furthermore,Staff has been very pleased
with the services provided by Merit Civil Engineering,Inc.on other similar projects.
This total project (including Phases I and II)has been appropriated $3,200,000 in the Street
Improvements budget program,combined for FY11-12 and FY12-13,which is primarily
funded with general fund monies and the California Transportation Development Act (TDA).
The TDA grant funds of $60,954 for FY11-12 and FY12-13 will be applied towards Phase II
of the project.
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ALTERNATIVE
The alternative is to reject all bids and re-advertise the construction project.This alternative
could take approximately two months to complete and may result in an increase in bid prices.
FISCAL IMPACT
The recommended action will result in a total project authorized expenditure of $2,790,774.
Funding for the project,aside from the $77,697 budget authorization requested,is included
in the Street Improvements Program of the FY11-12 and FY12-13 budgets.
Attachments:Resolution No.2012-xxx -Budget Adjustment request for Woodfern
Drive
Project Location Map
Hardy and Harper,Inc.Construction Contract Agreement
Merit Civil Engineering,Inc.Professional5ervices Agreement
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Resolution No.2012-xxx,.'
Budget Adjustment Request for Woodfern Drive
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RESOLUTION NO.2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,AMENDING RESOLUTION 2012-43,THE BUDGET APPROPRIATION
FOR FISCAL YEAR 2012-13,FOR A BUDGET ADJUSTMENT TO THE CITY'S
STREET IMPROVEMENTS PROGRAM WITHIN THE GENERAL FUND
WHEREAS,Section 3.32 of the Rancho Palos Verdes Municipal Code provides
that all expenditures in excess of budgeted allocations must be by supplemental
appropriation of the City Council;and
WHEREAS,on June 19,2012,the City Council of the City of Rancho Palos
Verdes adopted Resolution 2012-43,approving a spending plan and authorizing a
budget appropriation for the 2012-13 fiscal year;and
WHEREAS,the City of Rancho Palos Verdes desires that the budget
appropriation for the FY 2012-13 Street improvements program be increased;and
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WHEREAS,a budget increase in the Street improvements program is necessary
to authorize the expenditure of additional funds for the Residential Roadway
Rehabilitation Program (Areas 3 &5);
BE IT,THEREFORE,RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES:
The following adjustment be made to the following fund(s):
Transfer Out From General Fund
Transfer In From General Fund
Street Improvement Fund
Verified by Finance:_
101-6000-491.91-00
330-3031-391.10-00
330-3031-461-73-00
$77,697
$77,697
$77,697
PASSED,APPROVED,AND ADOPTED THIS 20th day of November,2012.
MAYOR
ATTEST:
CITY CLERK
Resolution No.2012-
Page 1 of 2
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State of California )
Cou nty of Los Angeles )ss
City of Rancho Palos Verdes )
I,CARLA MORREALE,City Clerk of The City of Rancho Palos Verdes,hereby certify
that the above Resolution No.2012-was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on November 20,2012.
CITY CLERK
CITY OF RANCHO PALOS VERDES
Resolution No.2012-
Page 2 of2
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Project Location Map "'P'
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1AREA 11
o 250 500 1000~.)!I
1".500'
SCALE IN FEET
SEE SHEET-4
IAREA31
SEE SHEET 21
WHITECLIFF DR
WOODFERN DR
IAREA41CITYHALLACCESSRD
SEE SHEET 22-23
VIA VICTORIA
SEE SHEET 20
MARGUERIT DR
&LAUREL DR
SEE SHEET 3
DETAIL C&D
SEE SHEET-8 &16
SEE SHEET-10 &18
SEE SHEET-6 ~I.'I./
DESCRIPTION
REVISIONS
DESIGNED _C_K
DRAWN _C_K
CHECKED ......Jd..-
DATE ~
PLANS PREPARED BY;PI KOA CORPORATION
CBM CONsuLTING
1411 W.19DTH ST.•SUITE i525
Gardena,CA90248
101:(310)32900102
FIIl<;!31DI3Z9010Z1
CITY OF RANCHO PALOS VERDES
RESIDENTIAL STREET REHABILITATION PROJECT
AREA 3 &5 -PHASE I
INDEX MAP
SHEET 2 OF 23
SHT.2
PROJECT NO.004912
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Hardy and Harper,Inc.Construction Contract Agreement
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CITY OF RANCHO PALOS VERDES
PUBLIC WORKS AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered this 20th day of November,2012,by
and between the CITY OF RANCHO PALOS VERDES,a California municipal corporation
("City")and HARDY AND HARPER,INC.("Contractor").Contractor's license number is
215952.
In consideration of the mutual covenants hereinafter set forth,the parties hereto agree as
follows:
1.Scope of Services.Contractor shall perform the work and provide all labor,materials,
equipment and services in a good and workmanlike manner for the project identified as
Residential Rehabilitation Project FY 2011-2012 (Areas 3 &5)Phase I ("Project"),as
.described in this Agreement and in the Bid Documents (including the Notice Inviting
Sealed Bids,the Instructions to Bidders,the Propos~l,the General Provisions,the
Special Provisions,the Technical Provisions,Appendices I through VII,and all addenda
as prepared prior to the date of bid opening setting forth any modifications or
interpretations of any said documents),which are incorporated herein by this reference,
including miscellaneous appurtenant work.All work shall be performed in accordance
with the latest edition of the Standard Specifications for Public Works Construction
(commonly known as the "Greenbook"), including supplements,prepared and
promulgated by the Southern California Chapter of the American Public Works
Association and the Associated General Contractors of California (collectively "Standard
Specifications"),which is incorporated herein by this reference.In the event of any
conflict between the terms of this Agreement and incorporated documents,the terms of
this Agreement shall control.
2.Extra Work.Extra work,when ordered in writing by the Director of Public Works and
accepted by the Contractor,shall be paid for under written work order in accordance with
the terms therein provided.Payment for extra work will be made at the unit price or lump
sum previously agreed upon in writing between the Contractor and the Director of Public
Works.All extra work shall be adjusted daily upon report sheet furnished by the
Contractor,prepared by the Director of Public Works,and signed by both parties,and
said daily report shall be considered thereafter the true records of extra work done.
3.Effective Date.This Agreement is effective as of the date listed above,and shall remain
in full force and effect until Contractor has rendered the services required by this
Agreement.
4.Time.Time is of the essence in this Agreement.
5.Force Majeure.Neither the City nor Contractor shall be responsible for delays in
performance under this Agreement due to causes beyond its control,including but not
limited to acts of God,acts of the public enemy,acts of the Government,fires,floods or
other casualty,epidemics,earthquakes,labor stoppages or slowdowns,freight
embargoes,unusually severe weather,and supplier delays due to such causes.Neither
economic nor market conditions nor the financial condition of either party shall be
considered a cause to excuse delay pursuant to this Section.Each party shall notify the
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other promptly in writing of each such excusable delay,its cause and its expected delay,
and shall upon request update such notice.
6.Compensation.In consideration of the services rendered hereunder,City shall pay
Contractor a not to exceed amount of two million,three hundred forty-six thousand and
eleven dollars and no cents ($2,346,011)in accordance with the prices as submitted in
Contractor's Proposal,attached hereto as Exhibit "Au and incorporated herein by this
reference.
7.Payments.City shall make payments within thirty (30)days after receipt of an
undisputed and properly submitted payment request from Contractor.City shall return to
Contractor any payment request determined not to be a proper payment request as soon
as practicable,but not later than seven (7)days after receipt,and shall explain in writing
the reasons why the payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates
.approved by the City Council.However,progress payments shall not be made in excess
of ninety-five percent (95%)of the percentage of a9tual'work completed plus a like
percentage of the value of material delivered on the ground or stored subject to,or under
the control of,the City,and unused.The City shall withhold not less than five percent
(5%)of the Agreement price until final completion and acceptance of the Project.
However,at any time after fifty percent (50%)of the work has been completed,if the City
Council of the City finds that satisfactory progress is being made,it may,at its discretion,
make any of the remaining progress payments in full for actual work completed.
8.Substitute Security.
a.At the written request and expense of Contractor,securities equivalent to any
moneys withheld by the City to ensure performance under this Agreement shall
be deposited with the City,or with a state or federally chartered bank in the State
of California as the escrow agent,that shall then pay those moneys to
Contractor.Upon satisfactory completion of the Agreement,the securities shall
be returned to Contractor.
b.Alternatively,Contractor may request that the City shall make payment of
retentions earned directly to the escrow agent at the expense of Contractor.At
the expense of Contractor,Contractor may direct the investment of the payments
into securities,and Contractor shall receive the interest earned on the
investments upon the same terms provided for securities deposited by
Contractor.Upon satisfactory completion of the Agreement,Contractor shall
receive from the escrow agent all securities,interest,and payments received by
the escrow agent from the City,pursuant to the terms of this Section.
c.Securities eligible for investment shall include those listed in California
Government Code Section 16430,bank or savings and loan certificates of
deposit,interest-bearing demand deposit accounts,standby letters of credit,or
any other security to which Contractor and the City mutually agree in writing.
Contractor shall be the beneficial owner of any securities substituted for moneys
withheld and shall receive any interest thereon.
d.If Contractor elects to receive interest on moneys withheld in retention by the
City,it shall,at the request of any subcontractor performing more than five
percent (5%)of Contractor's total bid,make that option available to the
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subcontractor regarding any moneys withheld in retention by Contractor from the
subcontractor.Further mandatory details are provided in Public Contract Code
Section 22300(d),which is incorporated herein by this reference.
e.The escrow agreement for security deposits in lieu of retention shall be
substantially similar to the form provided in Public Contract Code Section
22300(f),which is incorporated herein by this reference.
9.Taxes.Contractor shall calculate payment for all sales,unemployment,old age pension
and other taxes imposed by local,State of California and federal law.These payments
are included in the total amounts in Exhibit "A."
10.Audit.The City or its representative shall have the option of inspecting and/or auditing all
records and other written materials used by Contractor in preparing its billings to the City
as a condition precedent to any payment to Contractor.Contractor will promptly furnish
documents requested by the City.Additionally,Contractor shall be SUbject to State
Auditor examination and audit at the request of the City or as part of any audit of the
.City,for a period of three (3)years after final payment under this Agreement.
II
p'-
11.Unresolved Disputes.In the event that a dispute arises between the City and Contractor
regarding whether the conditions materially differ,involve hazardous waste,or cause a
decrease or increase in Contractor's cost of or time required for performance of any part
of the work,Contractor shall not be excused from any scheduled completion date
provided for by the Agreement,but shall proceed with all work to be performed under the
Agreement.Contractor shall retain any and all rights provided that pertain to the
resolution of disputes and protests between the parties.In the event of any dispute or
controversy with the City over any matter whatsoever,Contractor shall not cause any
delay or cessation in or of work,but shall proceed with the performance of the work in
dispute.This includes disputed time extension requests and prices for changes.The
disputed work will be categorized as an "unresolved dispute"and payment,if any,shall
be as later determined by mutual agreement or a court of law.Contractor shall keep
accurate,detailed records of all disputed work,claims and other disputed matters.
Public Contract Code Sections 20104 et seq.and Rancho Palos Verdes Municipal Code
chapter 3.24 ("Claims Against the City")shall govern the procedures of the claim
process,and these provisions are incorporated herein by this reference.
12.Termination.This Agreement may be canceled by the City at any time with or without
cause without penalty upon thirty (30)days'written notice.In the event of termination
without fault of Contractor,City shall pay Contractor for all services satisfactorily
rendered prior to date of termination,and such payment shall be in full satisfaction of all
services rendered hereunder.
13.Incorporation by Reference.All of the following documents are attached hereto and
incorporated herein by this reference:City of Rancho Palos Verdes Instructions for
Execution of Instruments;Insurance Requirements for the City of Rancho Palos Verdes
Public Works Contract;Workers'Compensation Certificate of Insurance;Indemnification
and Hold Harmless Agreement and Waiver of Subrogation and Contribution;Additional
Insured Endorsement (Comprehensive General Liability);Additional Insured
Endorsement (AutomObile Liability);and Additional Insured Endorsement (Excess
Liability).
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14.Antitrust Claims.In entering into this Agreement,Contractor offers and agrees to assign
to the City all rights,title,and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C.Sec.15)or under the Cartwright Act (Chapter 2
(commencing with Section 16700)of Part 2 of Division 7 of the California Business and
Professions Code)arising from purchases of goods,services,or materials pursuant to
the Agreement.This assignment shall be made and become effective at the time the
City tenders final payment to Contractor without further acknowledgment by"the parties.
15.Trenching and Excavations.If the project involves trenching more than four (4)feet
deep,Contractor shall promptly and before the following conditions are disturbed notify
the City in writing of any:material that Contractor believes may be material that is
hazardous waste,as defined in California Health and Safety Code Section 25117,that is
required to be removed to a Class I,Class II,or Class III disposal site in accordance with
provisions of existing law;subsurface or latent physical conditions at the site differing
from those indicated;or unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as
.inherent in work of the character provided for in the AgreelT,1ent.The City shall promptly
investigate the conditions,and if the City finds that th~oonditions do materially differ or
do involve hazardous waste and cause a decrease or increase in Contractor's cost of or
the time required for performance of any part of the work,the City shall issue a change
order.
16.Utilities.The City acknowledges its responsibilities under Government Code section
4215 and incorporates that section herein by this reference.
17.Location of Existing Elements.The methods used and costs involved to locate existing
elements,points of connection and all construction methods are Contractor's sole
responsibility.Accuracy of information furnished,as to existing conditions,is not
guaranteed by the City.Contractor,at its sole expense,must make all investigations
necessary to determine locations of existing elements,which may include,without
limitation,contacting U.S.A.Alert and other private underground locating firm(s),utilizing
specialized locating equipment and/or hand trenching.
18.Independent Contractor.Contractor is and shall at all times remain,as to the City,a
wholly independent contractor.Neither the City nor any of its agents shall have control
over the conduct of Contractor or any of the Contractor's employees,except as herein
set forth,and Contractor is free to dispose of all portions of its time and activities which it
is not obligated to devote to the City in such a manner and to such persons,firms,or
corporations at the Contractor wishes except as expressly provided in this Agreement.
Contractor shall have no power to incur any debt,obligation,or liability on behalf of the
City,bind the City in any manner,or otherwise act on behalf of the City as an agent.
Contractor shall not,at any time or in any manner,represent that it or any of its agents,
servants or employees,are in any manner agents,servants or employees of City.
Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement,and to indemnify and hold the City harmless from any and all taxes,
assessments,penalties,and interest asserted against the City by reason of the
independent contractor relationship created by this Agreement.Contractor shall fully
comply with the workers'compensation law regarding Contractor and its employees.
Contractor further agrees to indemnify and hold the City harmless from any failure of
Contractor to comply with applicable workers'compensation laws.The City shall have
the right to offset against the amount of any compensation due to Contractor under this
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Agreement any amount due to the City from Contractor as a result of its failure to
promptly pay to the City any reimbursement or indemnification arising under this Section.
19.Prevailing Wages.City and Contractor acknowledge that this project is a public work to
which prevailing wages apply.The Agreement to Comply with California Labor Law
Requirements is attached hereto and incorporated herein by this reference.Eight hours
of labor constitutes a legal day's work.
20.Workers'Compensation.California Labor Code Sections 1860 and 3700 provide that
every contractor will be required to secure the payment of compensation to its
employees.In accordance with the provisions of California Labor Code Section 1861,
the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers'compensation or to
under take self-insurance in accordance with the provisions of that code,and I
will comply with such provisions before commencing the performance of the work
of this contract."'II'"
21.Subcontracting.Contractor shall adhere to all provisions of the Subletting and
Subcontracting Fair Practices Act,Public Contract Code Section 4100 et seq.,which is
incorporated herein by this reference.
22.Nondiscriminatory Employment.Contractor shall not unlawfully discriminate against any
individual based on race,color,religion,nationality,gender,sex,sexual orientation,age
or condition of disability.Contractor understands and agrees that it is bound by and will
comply with the nondiscrimination mandates of all statutes and local ordinances and
regulations.
23.Debarred,Suspended or Ineligible Contractors.Contractor shall not be debarred
throughout the duration of this Agreement.Contractor shall not perform work with
debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.
24.Compliance with Laws.Contractor shall comply with all applicable federal,state and
local laws,ordinances,codes and regulations in force at the time Contractor performs
pursuant to this Agreement.
25.Bonds.Contractor shall obtain faithful performance and payment bonds,each in an
amount that is not less than the total compensation amount of this Agreement,and
nothing in this Agreement shall be read to excuse this requirement.The required forms
entitled Payment Bond (Labor and Materials)and Performance Bond are attached
hereto and incorporated herein by this reference.
26.Contractor's Representations.Contractor represents,covenants and agrees that:a)
Contractor is licensed,qualified,and capable of furnishing the labor,materials,and
expertise necessary to perform the services in accordance with the terms and conditions
set forth in this Agreement;b)there are no obligations,commitments,or impediments of
any kind that will limit or prevent its full performance under this Agreement;c)there is no
litigation pending against Contractor,and Contractor is not the subject of any criminal
investigation or proceeding;and d)to Contractor's actual knowledge,neither Contractor
nor its personnel have been convicted of a felony.
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27.Conflicts of Interest.Contractor agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion of the
work under this Agreement which is or may likely make Contractor "financially
interested,"as provided in Government Code Section 1090 and 87100,in any decisions
made by City on any matter in connection with which Contractor has been retained
pursuant to this Agreement.
28.Third Party Claims.City shall have full authority to compromise or otherwise settle any
claim relating to the Agreement at any time.City shall timely notify Contractor of the
receipt of any third-party claim relating to the Agreement.City shall be entitled to recover
its reasonable costs incurred in providing this notice.
29.Non-Assignability;Subcontracting.Contractor shall not assign or transfer any interest in
this Agreement nor any part thereof,whether by assignment or novation,without the
City's prior written consent.Any purported assignment without written consent shall be
null,void,and of no effect,and Contractor shall hold harmless,defend and indemnify the
City and its officers,officials,employees,agents and repres,entatives with respect to any
claim,demand or action arising from or relating to any .unauthorized assignment.
30.Applicable Law.The validity,interpretation,and performance of this Agreement shall be
controlled by and construed under the laws of the State of California,excluding
California's choice of law rules.Venue for any such action relating to this Agreement
shall be in the Los Angeles County Superior Court.
31.Attorneys'Fees.If any legal action or other proceeding,including action for declaratory
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
breach,default or misrepresentation in connection with this Agreement,the prevailing
party shall be entitled to recover reasonable attorneys'fees,experts'fees,and other
costs,in addition to any other relief to which the party may be entitled.
32.Titles.The titles used in this Agreement are for convenience only and shall in no way
define,limit or describe the scope or intent of this Agreement or any part of it.
33.Authority.The person executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
34.Entire Agreement.This Agreement,including any other documents incorporated herein
by specific reference,represents the entire and integrated agreement between City and
Contractor.This Agreement supersedes all prior oral or written negotiations,
representations or agreements.This Agreement may not be modified or amended,nor
any provision or breach waived,except in a writing signed by both parties which
expressly refers to this Agreement.
35.Construction.In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
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36.Non-waiver of Terms,Rights and Remedies.Waiver by either party of anyone or more
of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement.In no event shall the making by the City
of any payment to Contractor constitute or be construed as a waiver by the City of any
breach of covenant,or any default which may then exist on the part of Contractor,and
the making of any such payment by the City shall in no way impair or prejudice any right
or remedy available to the City with regard to such breach or default.
37.Notice.Except as otherwise required by law,any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed
received on (a)the day of delivery if delivered by hand or overnight courier service
during Contractor's or City's regular business hours or (b)on the third business day
following deposit in the United States mail,postage prepaid,to the addresses listed
below,or at such other address as one party may notify the other:
To CITY:
Mr.James B.Hendrickson,Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONTRACTOR:
The address listed in Exhibit "A"
38.Counterparts.This Agreement may be executed in counterpart originals,duplicate
originals,or both,each of which is deemed to be an original for all purposes.
39.Severability.If any term or portion of this Agreement is held to be invalid,illegal,or
otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of
this Agreement shall continue in full force and effect.
[signatures on next page]
D-17
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and
year first above written.
CITY OF RANCHO PALOS VERDES ("City")
By:_
Mayor
ATTEST:
By:_
City Clerk
Dated:_
APPROVED AS TO FORM:
By:_
City Attorney
;.,
HARDY AND HARPER,INC.("Contractor")
By:_
Printed Name:--------
Title:_
By:_
Printed Name:_
Title:_
D-18
:',
Exhibit "A"
PROPOSAL
CITY OF RANCHO PALOS VERDES
RESIDENTIAL STREETS IMPROVEMENT PROJECT -PHASE J
FISCAL YEAR 2011-2012,AREA 3 AND AREA 5
TO THE_Q!TY..COUNCIL OF THE CITY OF RAliCHO PALOS VERDES
The undersigned,as bickler,declares that:(1)this proposal is made WitllOlIt collusion with any other
person,flnll or COll)(.Iratioll,and that the only persons or parties interested as principals are those llamed
hercin;(2)bidder has carefully examined tIle project plans,specifications,instructions to bidders,
proposal,notice to contl1lctof::;and all other infom1ation ftllnished therefore and the site of the ).)foposed
work;(3)bidder has hwcstigated and is satisfied as to the conditions 10 be encountered,the character,
qu~lity lInd quantities of work to be performed and materials to be furnished.Furtltennore,bidder agrees
thaI submission of this proposal shall be conclusive evidence that such exatpinalioll and investigation
have been made and agrees,in the event this contract be awardcd to biddclIil to entcr into a contract with
the CITY COlJNCIL of the CITY OF RANCHO PALOS VERDES,t<;perfonn said proposed'work in
accordance with lhe plans,if any,and the tenns of the specifications,ill the time and manner therein
pl'escrjbed,and to fumish OJ'provide all materials,labol',lools,equipment,apparatus and other means
necessary 50 to dp,ex..:ept such thereof as may otherwise be fumisbed or provided under the terms Qf said
speciiicatiotls,for the following stated unit prices or lump-suIn price as submitted on the Schedule
attached herelo:
The bidder shall submit as purl tlf this proposal a completed copy of the Contractor's Industrial Safcty
Record.
Accumpanying this proposal is a Bid Bond (Insert "$.cash,""Cashier's
Check,""certitled check."or "Bid Bond,"as the case may be)in the amount equal to at least ten percent
(10%)oft11e total aggregate hid price hereof based on the quantities shown and the unit prices quoted in
the Bid Sheets.
The undersigned further agrees t111lt should he/she beaW81'ded the contract on the basis hel'cof and
thereafter,defaults in exemlling the required contntct,with neceSSitI)'bonds und documents,within ten
(10)days,Dot inchldillg Sundays and legal holidliYS.nfter llaving recejved notice that the contract has
been awarded and is ready tor signature,the proceeds of the security accompmiyillg his bid shall become
the pmp(~rl'y of the CITY OF RANCHO PALOS VERDES nnd this proposal and the acceptance thereof
may be considered null lind mid.
Licensed in accordance wilh aJ I providing for the re istration of contract •Calitornia Contractor's
Lkel1seNo.215.g?2 .,l-\.,R~nD cLlU31/J __
Signllttll'C{S)of bidder:•eve Kirschner,Vice President
If an individual,so stnt.If a timl or co~partnership.state the fUlll name and give the names of an
indjvidunl co~partuers composing the film.If a corporation,state legal mnne of corporation,also names
of presidenJ,:;ecrelary,treasurer,and mamlger thereof,Two nottulzed ofticer's signatures and the
corporale sen I ~lrc required for corporalions.
D-19
Exhibit "A"
Legal Business Name:_._Hardy.'d~'.Harper,Inc.
Proposals which do 110t !\how the number and date ofLhe Biddel's License under the provisions of Chapter
9 of Division 3 of the Business &Professional Code will be rejected.To be submitted with each bid to
conu'act for City of Rancho Palos Verdes RESIDENTIAL STREETS IMPROVEMENT PROJECT
-PHASE I,FISCAL YEAR 2011-2012.AREA 3 AND AREA 5
Bid Date _J.QjJ_~.I.lL-__-~_
Thh;,jnfonnation must include ~liI construction work undertaken in the State of California by t.he bidder
and pUrlnership joinl venture or cOlporation that any principal of the bidder parbicipated in as a principal
or OWller for the last five calendar years and the currenl calendar year pood'o the date of bid submittal,
Separate infom:atioll shall be submitted for each partku)ar partnen;hip,joint ventw'e,cOJporate or
iudividmll bidder.The bicl<ler may attach any additional infomJRtiou or explanation of data which bidder
would like to he taken into considcl';uioll ill evaluating the safety record.All explanatio11 must be attached
of the circmnstances sUl'IlHH1ding any and all fatalities.
P-2
D-20
Exhibit "A"
BID SCHEDULE
INCUJDES ALL WORK TO BE DONE ON
RESIDENTIAL STREETS IMPROVEMENT PROJECT -PHASE I
FISCAL YEAR 2011-2012 AREA 3 AND AREA 5
PROJECT NO.004912
IN THE
CITY OF RANCHO PALOS VERDES
BID SHEET
NAJ.vlE OF COMPANY:Hardy &Harper,Inc.
To the Honorable 1\\'la)'01 and Members of the City Coulldl:
III compliance with the Notice Jnviling Sealed Bids,the uudersigned hereby agrees to enter into a cOlltract
LO furnish all labor,materials,equipment and supplies for the projeot fdt-ntified as RESIDENTIAL
STREETS IMPROVEMENT PROJEcr -PHASE 1,FISCAL YEAR 2011-2012,AREA 3 AND
AREA 5 in accol'dam'e with the spt~eifiealiolls and plans in the Contract Docmnellts ',vhich are on file in
the omce of the Uireclor of Public Works of the City of Rancho Palos Verdes to the satisfaction and
under the dircctiOll of the Director ofPublic Works at the f()lIowing prices:
L8
LS
L8
44.000 SF
1,700 Lf j/.&~
15,000 LF $
46,000 SF
9,500 SF
Traftie Control
6
2 C0I1S11'llCtioll SUl'vey and MOllumenlation
r-~--t-----
StOl1llwatcr Pollution Prevention Best
Management Practices
I----i Remove Existing and COl1stmct 6"Full Depth5AsphaltCt)l1cretc Pavement Re air
BASE Bll)SCHEDULE -AREA 3 AND AREA 5 PCC AND AC REPAIRS
~JTl~M 1-----I>E"CRIPTION ESTIMATED UNIT
NO.".QUANTITY
--'-
I MobiliLati(.ln (Not 10 exceed 5%oftotal bid)LS s,J()
3
1----+---------------------+--
4
Remove Existing and COl1smlcl pec Curb
Over 6"CMB with Asphalt Concrete Slot
PatchIRell1~c Exis1ij,g and Con~l1Uct pee Curb &
7 I Gutter Over 6"CMB with Asphalt Concrete
.SIQj]~~!~I~.__._+_-
Remove Existing lIud Constmct 4"PCCH.Sidewalk Over 3"eMB1--'·ltem\weExisting .-a'-:ld;"""C=-o-ru-st-n-lc-t---=8-=-"---=C=-l'O-S-s----t------t---i---iloE-...:..:::..:
I..._C)Gutter Ovcr 6"eMI3 with Asphalt Concl'etc
_---'-..:::.S:;.:h~!..r~.t~h.__-.---J -'-__-'-_
D-21
Exhibit "A"
EA
510
+----.__.-.
)]
15 Edge Millillg (6'width)
~--,.__.-....--.....,....._..
16 2"Asphalt Concrete Overlay,C2 PO 64-J0
fni1\11 --~~-;C-RIPTlO~--EST1MATED UN~;rcPRICE EXTENDED
I NO.=.==....:..:;""'-'-QUANTITY --UNIT AMOUNT i
I --+~-=--_--.:::-;_-.-:-:--:-:-:::jI--_.Remove Existing rold'C;onstruct 4"pec Curb
L)0 Access Ramp with 3'x4'TrUllcated Dome 29 EA $$
Surface Over 3"ClYIB,and cur.b &Gutter Over 70'3d/!.0
._.'§:~~~_~:'~!1l &.!!J>l"-la-':It'-:C:-'·()..;.;n..;..cr_e..;..te....;.S:.::lo"'::t:'::P:':at~cl~l---:-._-+.--t ~_v_.
Remove Existing and COllsLruct 4"pee Curb I'
Access Ramp With 3 'x4'Truncated Dome
Su1'face Over 3"CME,and 8"pee Spandrel with 28 EA $
__._~~~~~:~;~~~:~18"c~~.~~~\~~al~--------.t----nl-'-''''''---t /S {J.()(}.~6
).~A_d~~t_~~~.l~.:acc Trotti,and Pr(\vide 5~arancc__3 EA S.DO I
)3 Adjust l\'lanholc Frame and Covel'to Grade 3 EA-__._._--...-•.._--.-...•....I--..+_--j......w.~~:...-+-~l___4r..to!.J,C...l~
14 l~aint House Number 2,400 EA
21,000
I 17 Cllllsimet Cmb Drain,is _J('~'~~k Seal-.--.._~..-._....._--......J'--_LS
L.....TOTAL BASE BID-=
TOTAL BASI':nID IN WORDS
.9/>'t..(_!!l..~//L~~_c:f.:,J h of-II L.t 'l J /"-e.-d <.!:J.-h I-~_l!:n
-f-h «>v S .........J d ~I I C-i r"~c«n../rv 0 c,....e-.n I-c;
NAfvlE OF COMPANY:__.J.:.I9;:gy .§:__H:.:::a=.;r=..p",-e;:::.r:::...t-t --:,I::.::n.=.c..:..._
The cOlltract shall be U''I'lll"dcd to the lowest responsible bidder based on the TOTAL BASE
BID.
Note:Delete SSPWC Section 3·2:!.1 through 3-2.2.3.TIle City reserves the right to aqjus!unit qtlantities
lIS neccssury to meet prl).it'ct and budgetary requirement....
D-22
Exhibit "A"
ADDITIVE Bm ITEMS
The City may awanl s~leckd additional additive work to the contract fit the following bid pticcs.Work may
be added as budgel funding and program requirements allow,Award of any additional work is at the
discretion of the City.
ADDITIVE BID SCHEDULE Al-AREA 3 AND AREA 5ril:E~1T -.-.------;;~S..(·~lp·I'lO--N·--.------ESTIMATED UNIT PRICE -E-'X-T-END-ED-"1'
NO.k-:'QUANTITY UNIT AMOUNT.~-I--;RCl1lo~~Exisling and ConstlUcl 6"pce '9 000 j---J--===---l--='===~I !Driveway Over 4"CMB -,SF~---'+----"'-----"-----II------+----t.......t.l""-"-"-=--t-1 ·~U!~~lallNew Traff:.c S:?~"==1=150 EA
'-"~i I.stan New SIgn PO<I.______I_2_0__+-_E_A._t--<~;L:.J!.:::..+_LJ.LrW,!;=":_
!4.lnstall New Street Name Sign 16 EAI'"---=~~=--=-~~-----TOTAL BID~·-C_-J~-.~-DU-L""E-A.-r-li!:---/:;-"$""""""~'--'--
ADDITIVE BID SCHEDULE A2 -VIA VICTORIA RECONSTRUCTlON
100 LF
2 EA
140 SF
760 SF
600 TON $
2
6
3
5
Remove Existing and Constnlct 8"PCC Cross
.Gutter and Spalldr~l Ov~r_8."J~.:.:.M::.::B::"'-+--+____t--=~...;...;::..-+-...L.-'!.f-....L.O£Y-
l.__,!-_~-:...Aspha!l_~'oncl ..~te P~:'~I~~l1j ---__-+.-t +--I-J,J.'-!...l..Y_-j-~~'-""'---'-''''_'___:
I S Adjust ManllOk To Grade (LQwer)r---.J.-.-'__-1
L..-..._
p~~II'--P-E-SCRIPTJON ESTIMATED .illiII ['rUCE EXTENPED If-QUANTITY UNIT AMOUNT:.~JJli'_lC_la_s_Si_fied~_xc_.avat.i_\_m_(_s_u.:~~_s_c_c_ti_0_n_O_ll_l)_t)--l~__4_20__-+-_C_'Y_-j-$_'.........J1==-l'.:;...-"t-~"4 '20.do
...I ~cnwvc Existing and Construct pee Curb &85 LF $
I 10.Gutler Over 6"CMB._--
Remove Existing and Conslruct pce Cnrb
Ovel'6"CMB1-----+---------..·,~=_=_:::_:::__::-+_----__t---+---..I.-I-!...::....:=--+_Th~--__I
I
Ren10ve Existing and Construct 4"pec Curb
4 Access Ramp with Retamillg Curb and 3'x4'1----.Detectable WaI1!in~t§:.::U;:.;r1.:::al::.:~c:..;0::..\.:..:rc::.r-=3_"-=C::.MB=:::""'_+---l__--l~""""<:'-~,--"""-/--I-o:'''=----'
Remove Existing and Constnlct 6"Drive
A roach Over 6"CMB
1'-5
D-23
Exhibit "A"
EXTENDED
AMOUNT
AI>DlTIVIG Bm SCHEDULE A3 -WOODFERN DRIVE RECONSTRUCTION
r
'rrlill--------.-----.-------'ESTIMATED u
r
","l'"=P'-'-RI-C-E-'
1'iQ.,DESCRIPTION QUANTITY i~lliS.!.I
-~=====--l
I Unciassified Excl'lValion (Street Section Only)32il CY S ...5tJ 0
2 -6"Asphalt Concrete Pavement ...---l.380 T-O-N--+-S-'9l!'-"""-t.t::9j=,o.=.......j_$--"r......,pL-"'=~-0
..3 .~~~~~st J'vla~~~~~~To Grade (Lower)._..1 2 ~$;l/oai.OO $IJO.f)()
____0 .___TOTAL BID SCHEDULE A3 ==~_t,:ll IJ"2 ,0 0 __;
-#."•.,--_....~
j i
ESTIMATED PRICE EXTENDED r
DESCIUPTlON UNlT i
OUANTITY I UNIT AMOUNT I,
Grade Existing Asphalt Concrete I
.',,
-Jfr
terial;Tramfer Excess Grindings 14,000 '-SF $;{)$.
and Dispose of Excess Material I .0 /'"()t;o 'II
Excanl1iol1 i:iO Cy $7.3.50 $I :J.,j ......l
It:...--.
Ollcretc Pavement 600 TON ~~,90 $
1 ttP-0-_------(,
130 LF $J.~-.til)$J'.--LtingnndIns1allNewSign4EAS1"-11.0 0 $0-_.--_......_-_..
>ring and Install New Sign Post 4 EA $.:L1'!.tJd S~,.6.OJ~I
TOTAL BID SCHEDULE A4 =$9'3 O~-.O~__._.__....._-_.._.,
2'1(4 Header
2 j Uno,,,,ifi,d
1 4"Asphall C
----/-----
4
~"Re~~Ex.~~
i 6 Remove .Exis[~'o====-
NAME OF COlvlPANY:_Hargy-=&e....-::..::H:.:::a:=r..c:pc.;::e:=rc.J.1--=I:..::.n::.;:c:...:._
The contract shall be awarded to the lowest responsible bidder based OD the TOTAL BASE
BID.
Note:Delete SSPWC Section 3~202.1 through 3-2.2.3.The City reserves the right to Cldjust unit quantities
as necessary to meet project aIle!hudgetary requirements_
D-24
Exhibit "A"
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following infonnation:(Additional sheets may be attached if
necessary.)
(1)Address:1312 E.Warner_.Ave.I Santa Ana I CA 92705
(2)Telephone:714-444-1851
(3)Type of finn -individual,Partnership,or Corporation:
________.-----'C9..!J?..;;;;o...;;;r..;;;;a;;..;t;;:..;~:;:..'o:;:..n=-_
(4)C0l1,orat1011 organized under the laws ofilie State of
California
(5)Contractor's license number and class:
215952 A,C8,C12
((\)List the names and addresses of all members of the finn or names and titles of all officers of the
cOl1'Orlllioll:
See Attachment A
(7)Number of years experience as a contractor in construction work 33
(8)List at least three similar projects completed as ofreoent date:
Contract
Al1'!9~l1t C~la~s!.2·s_"o'-'-r__""\_'_'r o""r""k__---'D~at~e~C~o~ll~lp~lel:<.!t~ed!:t.._~N;:::am""""e:>..,~A~d=ch~·e~ss"-o""f'--'·O=w~ne:::::r....,-"'&=--T.t.:e""I""'ep~h""o::.=ll~e..LN;uo<J..
See Attaclf.!Tlent...;B=-__._
P-7
D-25
Exhibit "A"
(9)List the name and address of such subcontractor who will pelfoi'm work in or about the work of
improv¢l11eut and indkatc what part of the work will be done by C,IC]l such cot1tra~tor (if there are
~J1Jan two subcontractors.attach a separate sheet):
(10)List the name of the person who inspected the site of the proposed work ior your timl:
'Jr.<
__Cor.~y_K;i.r~s~c""h~n,;±Sie""r,--_
(II)XOTE:Upon request of the Redevelopment Agency,the bidder shall furnish evidence showing a
llot<,rized financial statement,fmancial data,construction experience,or other inf01mation.
(12)Bidder shalJ be properly licensed in accordance witl\Bllsiness and Professional Code Section
7028 at the time of the Business and Professiomll Code shall be considered non-responsivealld
his bid shall be rejected.
P-8
D-26
Exhibit "A"
(9)Lis!the name and ad<kcss of such subcontractor who will perform work in or about the work of
Improvement and indicate what part of the work will be done by euell such contractor (if there are
more than two subcontractors,attach a separate sheet):
NAl\1E
ADDRESS
______TYPE OFWORK,_
(10)List tbe name of the person who inspected the site of the proposed work tor your finn:
')!>'
Corey K;i..-=r,-"so:..:c><:h,-=n=e""r~_
(11)XOTE:Upon request of the Redevelopment Agency,the hidder sllall tltrnish evidence sho\\,ling <t
llotalized financial statement,fmaneia]data,const11Jclion experience,or other infolmation.
(12)Bidder shaH be pl'opcl'ly licensed in accordance with Business and Professional Code Scctiun
7028 at the time of the Business and Professioml1 Code shall be considered non-responsive and
his bid shall be rejected.
P-8
D-27
Exhibit "A"
Atlachment A
.1farcfy rt[,J{arpe",Inc.
COl'porale Officers
--_..
as,Jl'.,President,Tl'easurer 1312 E.Warner Avenue
one:(714.)444-1851 Santa Ana,CA 92705
aas,CEO,Managing'Officer 1312 E.Warner Avenue
one:(714-)4·44-1851 -Santa Ana,CA 92705
(irscllllCl',Vice })resident 1312 E.Warner Avenue
one:(714-)44-4--1851 Santa Ana,CA 92705
Paulino,Corl)orate Secretary 1312 E ..}Viil'ncr Avenue
lOne.:(714)444·-I 851 Sania Ana,CA 92705
Fred T.Ma
r--j1h
Dall T.1\1
_....._.__ph
Steve I
___:_-1'h
Kristen S.
__,.p.~
.....---_.--..._--
D-28
Exhibit "A"
ALLachmcnl n
Harcfy e:l J{a1pel;111c.
OwnerlAgency Contact Project (Amoulll &End Date)
City of Yorba Linda
P.O.Box B70H
Yorhll Liuda.CA 921185·
R7 j,1
Mark L.Stowell,PE
(714)961-7170
lllstowell@yorha-lillda.org
Bast andlUry Hoad Street
Rehabilitat.ion
S 506.000.00 1/12
..-.---------.-------+------------+-,..,-----------1
Cily of Hemet
1145 i\'.Florida A \Ie.
IIrrllcl.CA 925t1:~
Jorge Biagioni,PE
(95 I )765-2360
jhiagioni@cityofhmllet.org
Lyon Avenue Behah
$5:~2,()()0.00 3/l2
--------....---.-.-.-----\--------------\------------1
City of II'villc
Olle Civic Center Plaza
In·illt'.CA 9262:~-9575
Dandl Hartman,PE
(94-9)724··5 640
dhartmall@ci.irvhw.ca.us
Culver Drive Street
Rehah
S 790,000.00 2/l2
---------..-------1--------------1-------------1
City of Perris
101 North D Street
Perris.CA 92572
Chris Sunde,PE
Tri Lake Consultants
(951 )943-6504
chris@trilakeconsultants.com
Downtown Street &Alley
Hehahilitation
$1,876,000.00 2/l2
f---.----.-------I-------------!-------------I
City of Gardena
1717 W.162 rcl Street
Gurd('lIa,CA 9024·7
John Felix,Associate Engineer
(310)2]7-961·3
jfeIix@ci.gardena.ca.us
Denker Ave et al
Street Improvements
$1,118,000.00 2/12
____.._.__.__..-'-•....1.--..1
D-29
Exhibit "A"
STATE!\'IENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCEl~NING THE CONTRACTORS'LICENSIl'\G LAWS
[Business &Professions Code 7028,15]
[Public Contract Code 20103,5J
I,the undersigned,eertif).'that J am aware of thc following provisions of CaJilomia law and that 1,or the
entity on whose behalf this certification is given,110Jd 11 cuncmly valid Califomia contractor's license as
sct f0l1h bel,)w:
Business &Professions Code 7028.15:
(a)It is a misdemeanor for any person to submit a bid to a public agency in order to
engage in the business or act in the capacity of n contractor within this state without
having a license therefore,except in any of the following cases:
(1)TIle person is particularly exempted from this cJlapter.
(2)The bid is submitted all a state pl'~iect govemed by Section J0164 of the
Public Contract Code or on any local agency project govemed h)1 Section
10104 [now I 20103.51 of the Public Contract Code.
(bl If a person has been previously convicted of the offense described i11 this section.the
ctlU11 shall impose a fme of 20 percent of the price of the contract under which the
unlkensed person perfonned cOlltracting work,or four thousand five hundred dollars
($4,500),whichever is greater,or imprisonment ill the county jail for not less than 10
days nor more 1han six months,or botk
In the event the pCl"fion pedonning the contracting work has agreed to furnish materials
and labor on an hOlU~ly basis,"the ptice of the contract"for the purposes of this
subdivision means the aggregate sum of tbe cost of materials and labor furnished and the
cost of completing the work to be performed.
(c)This section sballllot apply 10 a joint venture license,as required by Section 7029.1.
However.at the dme of making a bid as a joint venture,each person submitting the bid
shall be subject to this section with respect to his or her individual licensure.
(d)This section shall not affect the right or abi1ity of a licensed ardlitect,land surveyor,or
registered professional engineer to form joint ventures with licensed contractor to render
services within the scope of their respective practices.
(c)Unless one of the foregoing exceptions applies,a bid submitted 10 a public agency by a
contractor who is not lkensed ill accordance with this chapter shall be considered non-
responsive and shall be rejected by the public agency.Unless one of the foregoing
exceptions applies.a local public agency shall,before awarding a contract or issuing a
purchase order,verify that tIle contractor was properly licensed when the contractor
submitted the bid.Notwithstanding any other provisiolJ of l.~w,unless l)J]e of the
foregoing exceptions applies,the registrar may issue a cittltion to any public officer Or
employee of a public entity who knowingly awards a (,:ontr8ct or issues a purchase order
to a contractor who is not licensed pursuant to this chapter.The amount of civil
penalties,appeal,and finality of such citations shall be subject 10 Sections 7028,7 to
7028.13 inclm;iw.Any contract awarded to,01'any purchase order issued to,a
contractor who is not licensed pursuant to this chapter is void.
P-9
D-30
Exhibit "A"
(f)Any compliance or noncompliance with !:ubdivision (c)of this sect iou,as added by
Chapter 863 of the Statutes of 1989,shall not invalidate any contract or bid awarded by a
public agency dming which lime that subdivision was ill effect.
(g)A public employee or officer shall not be suhjecl to a citation pur~uanl to this section if
lh~]1ublk employee,officer,or employing agency made an inquiry to the board for the
purposes l)f verifying the license status of any person or contractor and the board failed to
respond to the inquiry within three business days.Fm'purposes of this sectiol1,a
telephone response by the board shall be deemed sufficient.
Puhli,'C(mtracl Code 20103.5:
In .'111 contracts subject 10 this part where federal funds are involved.no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this stute.
However.at tbe lim~the contract is awardc.d,lhe contractor shall be properly licensed in
accordance with the lll\\'li of this slale.The first payment for work or material under any contract
shall not be made unkss and lllltiI the Registrar of Contractors verifies to the agency that the
records of the Coutractm"s State License Board indicate that the c,ouM!ctOl'was prollerly licensed
al the time lhe contract was awarded,Any bidder 01'contractor not so licensed shall be subject to
all legal penalties imposed by law inclnding,but not limited to,any appropriate disciplinary
aclion by t!1e Contractor's Stale License Board.111e agency shall include a statement to Ibat
effect ill the standard f0l111 of prequaliIication questioDIlaire and f1llandal statement.Failure of
the bidder to obtain proper and adequate licensing for an award of a comract shall constitute a
failure to execute the eOlltract and shall result in the forfeiture of the security L)fthe bidder.
License No.:215952 _
Class:_..:.A:.<,-'C=S"-,'-'C""'1""'2"'-----_
Expiration Date:_-=1:..:2:...l/....::3~1=-1<-=1 ...::;3 _
D"C'~~s~.ru~~=cJk=---
Steve Kir.schner,Vice PresIdent
P -10
D-31
I .
Exhibit "A"
DESIGNATION OF SUBCONTRACTORS
[Public Contract Co lie 4l04]
Public Contra!..'l Code 41 0../pruvides us/allows:
Any officer,deparlment,board or commission taking bids for the constl1lC lioll of any public work
01'improvement shall provide ill the specifications prepared for the work or improvement or in
the general conditions under which bids will be received from the doing of the work incident to
the public work or improvement that of any person making a bid or offer to perform the work,
shall,in his or her bid or offer,set forth:
(a)The llame and the location of the place of busi.ness of each subcontractor who will
perfo11.n Wt)rk or labor or render service to the prime contractor in or about the
constl1lctioll of the work or improvement,or a subcontractor licensed by thl;:State of
Califomia who,under subcontract to the prime contractor,specially fabricates and
installs a pnrtion of the work or improvement according to detailed drawings contained in
(he plans and specifications,ill all amount in excess of one-half of]percent of the prime
contractor's lotal bid or,in the case of bids or offers forfue COllstTLIction of streets or
highways,induding blidges,ill excess of one-half of]percent of the prime contractor's
total bid or len thousand dollars ($10,000),whichever is grealeI".
(b)The p0l1ion of the work which will be done by each subcontractor under this act.The
plime CIJntractor shall list only one subcontractor for cach POl1iOll as is defined by the
prime contractor in his 01'her bid.
Subcontractor's Name and
Contract Name Address and Telephone No.
Portion of Work and
Percent of Total Bid
(j)
P -11
D-32
~-;Q
.s:::.
X
W
CONTRACTOR'S INDUSTRIAL
SAFETY RECORD
Record Last Five (5)Full Years:
Year of Record 20 -20-20_20_20_Total CUlTent
Year
I
I 1.No.of COli tracts See Attachmer:t C
I ,
2.Toml doUnr amount of contract'i (in tbou-i sands of$)I
I -
*3.No.of fatalities
I *4.No.oflost workday cases
*5.No.oCIost workday cases involving I,cr-
manent transfer to another job or tel'mi-
nation of employment._._.#-
The information required for these items is the same as required for Columns 3 to 6,Code 10.•Occupational Injuries,Summary -Occupational Injuries
llnd Illnesses No.102.
The nbo\'e information was comlljJed from the records that are available to me 21t this time,and I de~rc zr-
true and accurate within the limitations of those records,
Hardy &Harp~Inc.
Name of Bidder (print)
at the information is
President
1312 E,Warner Ave,
Addl'esS
Santa Ana,CA
City
92705
Zip Code
p-12
215952 A,C8,C12
State Contractor's Uc.#&Classification
714-444-1851
Telephone
D
-
3
3
Attachment C
This information must include all constnlction work undertaken in the State of California by the Bidder and any partnership,joint venture or
CQlporalion thatany principal of the Bi~derpartioipatedin as a principal orowner foethe lastflve ca~ndaryears and the eummt calendar year
prior to the date ofBid submittal Separate information shall be submitted for each particular partnership,joint venture,cOl'porqte or individual
Bidder.The Bidder may attach any additional information or explanation of data which he woulduke taken into consideration In evaloating the
safety record.An e>.:planalion must be attached of the circumstances-surrounding aflyand all fatalities.
BIDDER'S INDUSTRIAL SAFETY RECORD
""og.:::;aleo<Y:trYears Prlorto Current Year
CURRENT YEARTOTAL2011?010200920082007_.....__'l -_._-_....-_---.----..
1.No.of contracts 854 80S 587 1~62 609 I ~O1.7 431
"2.Total dollar amollflt of 4.9383 49033 42090 7 44789 SSlSJ.240493 45324contrclclS(in thousands of$)I
3.No,of fatanties 0 0 0 0 0 0 0._--
4.No ..of lost wo,kdav cases 2 2 3 S 3 ~5 0
5.No.of lost werkday cases
Iinvolvingpermanenttransfer 0 0 0 0 0 0 0
to another Job or termination of
ernolovment .-
6.No.of lost workdays 226 5 294 42 87 606 C,.n.-..
~-:.c:cx
LU
The.above information was compiled from the records that are available to me at this time and f declare under penalty of perjury that the
information is true and accurate W11hin the limitations of 1hose records.
Bidder's S\9nalure
215952 A,CB,C12
State~ConfiaC!ofS'Uc~No.&Classiticaflon
714-444-1851 -----_...•._~.·~relephone
Hardy .&Harper,Inc.
Address
Santa Ana,CA 92705
Name on:ljqaer (print)
1312 E.Warner Ave.
Cj~~ode
D
-
3
4
Exhibit "A"
Bond :No.ljARHA-1054
BID BOND
KNOW ALL PERSONS BY THESE Pl,U3SENl'S tbat:
WHERBAS the Ci ty of Rancho Palos verdes
(<<Public Agenc.yU),has issued lIll invitation for bids for the work described as follows:
RESIDENTIAL STRE'E1I'S IMPROVEMENT PROJECT -PHASE I
FISCAL YEAR 2011.2012,AREA 3 AND AREA 5
MIEREAS Hardy &Harper,Inc.,1312 E.Warner Avenue,Santa Ana.CA n,:z.os
(Ncrmc Mp.add,'w o!BkJrhr)
("Principal"),desires to fmbttdt ft bid l(j Public Asency for the wQrk,
W:W:U\BAS,bidders are required unde~'t1\e provisions of the Califolnia Public Contra.ct Code to furnish a.
form of bidder's .!l~cl111ty with the:ir bid
NOW,THEREFORE,we,the l11lderslgned Principal,and ........._
International Fidelity Insurance Company
~OO Sabre Springs Parkway,Suite 245.San Diego,Cl\92128
(Naltl.nnd addlm Cl/Sur,/y)
e~uretytJ)a,duly admiL1ed Surety ~¥.~ul'er \lnde:r the laws of the State of California,as SW'ety,are
held and fU'rnty bound unto the Put1lic Agency in the penal S\lttl ofTen Percent of Amount Bid
Dollars ($10%***********•being not less than ten percent (10%)of the total bid
price.in lawful money ofthe United S utes of America,for the payment ofwhich sum well and trulY to be
made.w~bind QUI'sQlves.our hGhll executors,administrators,succossors,and lI&signs,jointly and
severally,firmly by these pl'esents.
tHE.CONDlnON OF THIS 013 ATION IS SUCH THAT.if the hereby bounded Principal ill
awarded a ConUact for the W01'k by th Public Agenoy 1U1O,within the time l'lIlG in tho mann~r required by
the bidding specificl.\tlons,entet$int the written 101m of contfftct included witb bidding specifications.
furnishes the requited bonds,one to llrantee f~jthful performance and the other to gUllrrmtee payment
for labor and materials.IUld futnishes the reqL1lred inslU'8!loe coverage:t,then this obligation shall beoome
nulllU1d Yoid;otherwise,it shall be f&main In f\lLl forc¢;and effect.
In case suit is b.rOUSht upon flus boni Surety further agrees to pay all court costs mO\.Jl'red by the t>ublic
Agency in the suit and reasonable att l11e}'s'fees in an amO'llnt fixed by the eourt.Surety hereby waiv~s
tbe provisiofill ofCQ.lifl.'l1'nia Civil Co '2845.
D-35
Exhibit "A"
rn'WITNESS WHEREOF,this inBtrum~nf has been ch.uy e~couted by Prinoipal and Surety,on the dl.\te
set fmGl below,rho name of oach corporate PattY being beret(')affiXed 1111<1 these presents dUly signed by
its tlndersi,gned represe.t1tative(s)pursult1¥to 8uthorlt}'afits goveming body.
Dawd:October 12«2012
I'Frinciplll'l "Surety"
~
Its Dwightpeilly,Attorney~In-Fact
I
Hardy &Hatper,Inc.Internationgl
BY~~~:~Kirschner
Vice President
Figel;ty TpSllrance Company
Its
l3y:~_
ItlI
Notd:1'hl8 bond mwl be dtJfld,~fI .r/BHt1l/rru fWIt be lIQfClN!letl,WId Iwd,nc,o!th;.tlld1mruy ,if'any pel'.rol!Ilgnfng aJ OIlQ17ley-ln-
~ct mllst bll "llaclh~d.
P ·14
D-36
Exhibit "A"
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
Q<;.<;X:«&:£x;~1;X"««g;M¢<,M.c<:«.c<:&<'M.c<'&'««@.c<;««m¢<'.,Q('&:'.:c<c.,Q('&,g;¢&.,Q('««¢if¢.e<:«.i:X¢.g
State of California
County of Orange }
before me,On October 16,2012Dale
personally appeared ---------4:lS>{Etew\l@.e~l(;.wit:s~C!EI:1~Qil!illric;;;:;:=-----------
y ,~l'lamafsYol Slgner(s)
JO·ANN LYONS
COMM.#1841329 ._
Notary public.calilornia ~
ORANGE COUNTY '-
My Comlll.Eliplres ApI.1i .2013
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(f')whose name("islam'subscribed to the
within instrument and acknowledged to me that
hel_ItMey executed the same in his/herltheir authorized
capacity(ie),and that by ~_ir signature~on the
instrument the person{i?,or the entity upon behalf of
which the person(4f)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.
WITNES
----------OPTIONAL ~e:;,4----------
Though the information below Is not required by Jaw,it may prove valuable to persons relying on the d09ument
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:--=B::;i:.::d...:B:.:o:.:,n:;:d=--_
Document Dale:~0...,o....toWJbhLle....r_1.....2...,_"2""Ou1...2~Number of Pages:--..l2:..._
Signer(s)OlherThan Named Above:--::D_w_iJ:::,9h..;.t_R..;.$_i....;lIy'--_
Capacity(ies)Claimed by Signer(s)
Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:__--=S=le:.:v.::.e~K:::jr::.:sc:.:;h:.:.:n::.:er _
o Individual
o Corporate Officer -Title(s):Vice President
o Partner -0 Limited 0 General
o Attorney in Facl
o Trustee
o Guardian or ConservatoroOther:_
Signer Is Representing:_
Hardy &Har:per,InG
Signer's Name:,_
o Individual
o Corporate Officer -Title(s):~_
o Partner -0 Limited 0 General
o Attorney In Fact
o Trustee
o Guardian or ConservatoroOther:_
Signer Is Representing:_
~'9(;'QiV~'Q<;''!'i<''G<,,!*<,,!.1<,,'P.<'giX''iX''?X'~gi'%iX~~''Q<;~'Q<>!;t{'G<>'G<XX'G.<>'QiV~~'9.'I>g;.'9.<O''Q(;«''!iX''P.C.«~
C2007 NalJOnal Notal)'AssocJalion 09350 De Solo A."..•P.O.Bax 2402'Chatswor1h,CA 91313-2402 owwwNalJOnaiNotary.org Item #5907 Reorder.CaDToIl·Free l-allO-876-6Q27
D-37
Exhibit "A"
ACKNOWLEDGMENT
State of California
County of Orange
On October 12 r 2012 before me,Susan Pugh,Notary Public
(insert name and title ofthe officer)
personally appeared .::D~w.::i-?-qh:.:.::,.t ...::R:.:.:e;.::i:.::l.::lJ-Y~__.....,....,.__.....,...----:c,..--__--,-,,..--,..--__---:,...,...,~__
who proved to me on the basis of satisfactory evidence to be the person(s}Whose name(s}isfafH
subscribed to the within instrument and acknowledged to me that helsbet~executed the same in
hlslherlhdr authorized capacity(ies).and that by hislheW:ib:G signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s:)acted,~eCl;.lted the instrument.
I certify under PENALTV OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~·Jet/)I t§;=-
Susan Pugh
(Seal)
D-38
.TeI.(973}624.7200 ·POWE.Re.6Et ATTORNEY'
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUAL TV COMPANY
ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102~5207
KNOW ALL MEN BY THESE PRESENTS:That INTERNATIONAL FIDELITY INSURANCE COMPANY.a corporation organized and existing under
the laws of the State of New Jersey,and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the Stale of
Pennsylvania,havIng their principal office In Ihe City of Newark,New Jersey,do hereby consUMe and appoint
DWIGHT REILLY,ARTURO AYALA,DANIEL HUCKABAY
Orange,CA.___________________________________________.-J
their true and lawful altorney(sHn-fact to execute,seal and deJlverfor and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity
and other writings obliQalorY 10 the nature thereof,which are or may be allowed,r~ulred or pe,rmlttei:l by law,slalut~rule,rEmula6on ....contract or otherwise~
and the execu60n oTsucli Instrument(sl in pursuance of these presents,shall lie as binding upon the said INTERNATIONAL r-IDELITY INSURANCt::
COMPANY and ALLEGHENY CASUALTY COMPANY,as fully and amply,to all intents ana purposes,as if the same had bean duly executed and
acknowledged by their regularlyelecled officers at their principal offices.
This Power of Attorney.is executed 1and ml!Y.be revoked.pursuant to and by authority of the By-Laws of INTERNATION,AL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUt\LTV COMPANY and Is granted under and by authon.ty of the foRewing rasolution adopted 'ID!the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY
CASUALTV COMPAIlIY at a meeting duly held on the 15th day of August,2000:
"RESOLVED...thaI (1)the President,Vice President,or ,sec,retary of the CorPOration shall have the _power to app.oint,and to revoke the ap~lntmer\ts of,
Atlomeys-in-r-act or agents with power and authorilY as defined or limited in their respB9tive P.O\Vers ofa!tlilmey,anil to execute on behalf of Ilie Cprporation
and affix the Corporatibn's seal,thereto,bonds,undertakings,recognizances,contracts of indemnity and other written obligations in the nature thereof or
related,thereto;and (2)any SU,ch Officers of the Corporation may appoint and revoke the appOlntmenfs of jolnl-control custodians,agents for acceplan,ce of
process,end Attorneys-in-facl with authority to execute waivers and conSElntson behalf of the Corparatlon;and (3)the signature ofany such Officer of the
Corporation and the Corppralion's seal may be affixed bv facsimile to any pow.er of attorney or certification given fol'the execution of any bond,undertaking,
recognizance,contract Of indlilmnilY or other written obngation in the nature thereof or relaled thereto,such signature and seals when so used whether
heretofore or hereafter.being hereby adopted by.the CorpOration as the original signature of such officer and the original seal of the Corporation,to be vand
and binding upOn the Corporation with the same force and effect as though manuaRy affixed,"
IN WITNESS WHEREOF,INTERNATIONAL fiDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each execuled and
attesled these presents on this 12th day of March,2012.
STATE OF NEW JERSEY
County of Essex
ROBERT W.MINSTER
Executive Vi,ICB president/C,hief Opera,ling Officer
(International Fidelity Insurance Company)
and President (Allegheny Casualty COmpany)
On this 12th day of March 2012,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly
sworn,said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTV
COMPANY;thaI the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and Ills signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,
at the City of Newark,New Jersey the day and year first above written,
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Mar.27,2014
CERTIFICATION
1.the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said
Power of Attorney,with the originals on file in lhe home office of said companies,and thaI the same are correct transcripts thereof,and of the whole
of the said originals,and that the said Power of Attorney has not been revoked and Is now in full force and effect.
IN TESTIMONY WHEREOF,I have hereunto sel my hand !his 12th day of October.2012
MARIA BRANCO,Assistant Secretary
D-39
State of California
Exhibit "A"
NON COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code 7106]
)
)ss.
County of Or..IDlg~..)
Steve Kirf?q,hl!:~r ,being first duly sworn,deposes and says
tha.theorsheis Vice President .'''_u_...of Hard)'&Harper.Inc.
fhl.:pal1y making the foregoing bid,that the bid is 110t made in the interest of,or 1)11 behalf of,any
undisclosed person,pal1nership,company,association,organization,or (,~orpomtioll;thm the bid is
genuine and 110t collusive or sham:that the bidder has not directly or indirectly induced Or solicited any
other bidder to put in a false or sham bid,and has not direclly or indirectly C9lltided,conspired,conn.ived,
(lr agreed with allY bidder or anyone else to put in a sllam bid,or thal anyone shall refrain from bidding;
lhat the bidder has not in allY malUler,directly or indireclly,sought by agreement,cOnlmunication,or
conference with .myone to fix t1,e bid price of the bidder or any other bidder,or to fix any overhead,
profit,or cost clement of the bid price,or of thaI of any other bidder,or to secure any advantage against
the public body llwardh1g the COllt1'Uct of anyone interested in the proposed contract;that all statements
conlained in the bid Ole true;and,further,tbat the bidder has not,directly or ihdil'ccl1y,submitted 11is or
her bid pIice or tilly breakdown thereof,or the contents thereof,or divulged infonnatiol1 or data relative
tbeNto,or paid,lind will 1101 pay,any fee to any co ration,partn rship,c pany association,
urganization,bid depository,or to any member or.ent t e effectu e ,I r sham bili
SUbsclibed and swom to before me on
(Date)
Signature
Notary Public
P -15
D-40
Exhibit "A"
·1
-I
·1
',:
'J
.1
I
,'J
,)
lIem N5910
TOp of thumb here
RIGHT THUMBPRINT
OF SIGNER #2
Name 01 Signer
Top or thumb here
RIGHT THUMBPRINT
OFSIGNER#1
Signature 01 Document Signer No.:<(II any).<
(2)N_o_ne ~_
Name of Signar
proved to me on the basis of satisfactory evidence
to be the person who appeared before me (.)(,)
(and
Subscribed and sworn to (or affirmed)before me
16 October 12onthis__day of 20-,
Date Month Year
by
Steve Kirschner(1)_
OPTIONAL ----------
Place Notary Seal Above
Orange
Signature 01 Document Signer NO.1
JO·ANN LYONS
COMM .1841329 ~
NOlary Pllbllc-Callrornla c::
ORANGE COUNTY l.
•..,.,....MyCOIlIIII.Expiresi\pr.n.2013
Though the information below is not required by law.it may prove valu-
able to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
State of California
County of
6--r--:7''-------------
Further Description of Any Attached Document
NonColJusion Affidavit
CALIFORNIA JURAT WITH AFFIANT STATEMENT
~=A=A="'=A~~~=A=--=-v=A=.;v=A'=-"='-"=""=""'=~A=,,"=A'=A=A=A="-=A=A=A=A=A?V>;;v."""""""~'-,~,"'CiV~""",,,,,~v=N>V"""'''''''~N'l\:'''&ih';'''''''''AAV~'''J'S'''''N£'''AJVi'I'&AjV''''''*'Y~~
~~ee Attached Document (Notary to cross out lines 1-6 below)I~0 See Statement Below (Lines 1-6 to be completed only by doc.ument signer[s],not Notary)~
~.I
~~~--------------------------------------------------------~
~.:,.2 -----------------------------------i..,:,
!3 ----------------------------------------I
I 4 --------------------------------------------I
II"
I,
t'
@
~~~~~~~i~,
1.-.
r;II~III':
h Title or Type of Document:_
I,October 16.2012 1 ~.I~~Document Date:Number of Pages:'----J
l=:=~~~:.~~""~-'!£N~-r;~~:~:§~n~~~.:..~,~"CJ.~->:$.~-~~~~~;;;g~-i7!'?il-~'~•.~
Cl 2009 National Notary Association·NatlonalNotary.org·1·80O-US NOTARY (1-1100-876·6827)
D-41
Exhibit "A"
QUALIFlCATION Oli BIDDERS
Each bidder shall be .,killed and regularly engaged in the general class or type of work called for lmder
the contract.A statement setting fmth his/her experience shall he submitted by each bidder on the
EXPERIENCE STATEMENT form provided.
Each bidder shall po~scs a valid Contractor's License issued by the Contractor's State License Board at the
lime his/her bid is suhmiued.The class of license shall be applicable to the work specified in the contract.
Each bidder shall also have no less than five (5)years experience in the magnitude and character of the
work bid.
Bidder QualificatiollS called for to be submitt~d at time of bid include,but are 110t neces.~arily limited to:
].The Contractor Shill!have been in business unoer the same name and California Contractors License
for a minimum of 5 continuous years plioI'to the bid opening date for lhis Project.The license used to
satisfy this requiren.lel1l shall be of same type required by the contract.
2.License classification shall he A.
3.The Contraclor sllall have completed Ii minimum of 5 projects of a similar nature at a minimum total
cost of $1 million.
P -16
D-42
I
Exhibit "A"
EXPERlENCE STATEMENT
To b~r~sponsjvc,the bidder mlilit list below the requirt'd project infolltlation as listed in the Qualification
of Bidders statement.
I.Pmjt)ct Title
Contwct Amount
Type of Work
Client
See Attachment D
Agency Project Manager
Dale CompleTed
2.Project Tille
Contract Al1l01U1t
Type of Work
Clienl
Agency Project Manager
Date Completed
3,Project Title
Conlract Amount
Type or Work
Client
Agency Project Manager
Date Completed
4,Project Title
Contract Amollnt
Type of Work
Client
Agency Project Manager
Date Completed
P -17
Phone
%subcontracted
Phone
%subcontracted
Phone
%subcontracted
Pho:le
%subcontracted
D-43
Exhibit "A"
Attac]lIncnl ])
.1fan!y e:l J{arpel;Inc.
OwnerlAgency Contact Project (Alllount &End Date)
---------------,,--------------,-------------,
County of Los Angeles
9000 S.Frl~1lI0llt Avenue
Alhamhra.CA 918();~
City of Inglewood
I Mnnchestcr Blvd.
1Jlgll'wood.CA 9030 I
Hoda Hassall.PE
(626 )4S8-4955
h hassall@dpw .Jacotlnt y.gov
Alhert Mendoza.PE
(714)595.8563
anwndClzlI(li)ei I)'ofillg!I'WO()(I.OI'I!
Coliuw Road et al.
Phase 2
:8 1,186.000.00 711 I
'I!"
-"Stl'el~l Improvements
FY 2010-11
$769,000.00 81l I
---._---------------------I--------------i--~--------
City of Redlands
35 Cajon St )'(~et
Rp.dlallds.CA 92373
Bassam Alzammar,PE
(909)798-7584
halzammar@cityofredlallds.org
Hesurfacillg of Church,
Ct'lltcr &:Alessandro
Streets
S 919.000.00 9111
------------.----+-------------+------------1
City of Palm Sl)rings
3200 Tahquitz Canyon \Vay
Palm Springs.CA 92263-2701-3
City of Moreno Valley
]1177 Fl'cdel'iek Sll'l~et
MorellO Valley.CA 92552
Mike Lytar,Senior Inspector
(760)32:~-8734
mike.lytar@pulmspl'iugN:a.gov
Quang Nguyen,PM
(951 )4.13-3159
qu ung@movaI.org
2010·]I Annual AC
Overlay
:iii 1,345,000.00 9111
2011 Pavemenl Resurfacing
S 1,441,000.00 IO/lI
20]J Local Street Pavement
Resurfacing Phase 1
S 2,096,000.00 lOll I
__.__------:----=---:-:---.-.l;:--~:--__-----:------L-----------l
All projects completed WIth 10-30%subcontracted
D-44
5.
Exhibit "A"
Project Tille
Contract Ammml
Type ofWQrk
Client
--_.._---------,
Agt:lll.:Y ProjCl.:!Manag.er
Date Completed
Phone
%subcontructed
NOTE:If requested by the City,the bidder sh'1 furnish a cCltifit:d financial statement,references,and
other information sumelontly CODlp,eh -ormil an ap~ofhi ~ll financial condition.
Bidder'~Signature -+.""",=~~:=~_---!o::....~__--:.-o=---=:........
P -18
D-45
CITYOF RANCHO PALOS VERDES
PUBLIC WORKS DEPARTMENT
ADDENDUM NO.1
TO THE CONTRACT DOCUMENTS,SPECIFICATIONS,&STANDARD DRAWINGS FOR THE
RESIDENTIAL STREETS IMPROVEMENT PROJECT FY 2011-2012-
PHASE I
In accordance with "Addenda"on page 1-1 of the "Instructions to Bidders",the following changes
(revisions,additions,and/or deletions)as noted below,are hereby incorporated and made a part of the
subject plans,specifications and contract documents for this project.Portions of the Contract,not
specifically mentioned in the Addendum,remain in force.All trades affected shall be fully advised of
these revisions,deletions,and additions.
This Addendum forms a part of the Contract Documents for the above-,i,£iehtified 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 the INTERPRETATION OF PLANS AND DOCUMENTS section on page 1-3 of the
project specifications with the follOWing:
If any person contemplating submittif\g a bid for the proposed contract is in doubt as to the true
meaning of any part of the drawings.specifications or other contract documents,or finds discrepancies
in or omissions from the drawings and specifications.he or she may submit to the DIRECTOR OF
PUBLIC WORKS a written request for an interpretation or correction by Friday,October 12,2012 at
5pm.The person submitting the request will be responsible for its prompt delivery.Any interpretation
or correction of the contract document will be made only by an Addendum duly issued.and a copy of
such Addendum will be mailed,delivered or faxed to each person receiving a set of the contract
documents,no later than Tuesday,October 16,2012.No oral interpretation of any provision in the
contract documents shall be binding.
End of Addendum No.1
Any questions regarding this Addendum should be directed to the Project Manager,Melissa
Murphy,Associate Engineer,at (310)544-5256.
~~":)
Interim Director of Public Works
I acknowledge recei 0
L,.......;""",-.,;rJt
Date
Please sign above and include this signed addendum in the Bid package.Failure to do so
may result in that Bid being rejected as non-responsive.
Page 1 of 1
30940 HAWTHORNE BOULEVAr,D /RANCHO PALOS VERDES,CA 90275-5391/(310)544-5252 I FAX (310)544-5292/WWWPALOSVERDESCOM!RPV
..PRINTED ON RECYCLED PAPm D-46
Merit Civil Engineering,Inc.Professional Services Agreement
D-47
PROFESSIONAL SERVICES AGREEMENT
This Agreement ("Agreement")is made and entered into this 20th day of November,
2012 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY")and Merit Civil Engineering,Inc.(hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as the Residential Streets Improvement Project -
Phase I,FY 11-12,Areas 3 and 5.
1.2 Description of Services
CONSULTANT shall provide construction management and inspection
services,as described in CONSULTANT's Proposal,which is attached hereto as Exhibit
"A"and incorporated herein by this reference.Where this Agreement and Exhibit "A"shall
conflict,this Agreement shall govern.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY,CONSULTANT
shall perform with due diligence the services requested by the CITY.Time is of the
essence in this Agreement.CONSULTANT shall not be responsible for delay,nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes,lockouts,accidents,or acts of God,or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly,or delay or faulty
performance by CITY,other consultants/contractors,or governmental agencies,or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT at the rates indicated in Exhibit
"A",and in any event an amount not to exceed one hundred ninety-one thousand,fifty-six
dollars and no cents ($191,056.00)for the services described in Article 1.
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2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Merit Civil Engineering,Inc.
12391 Lewis Street,Suite #201
Garden Grove,CA 92840
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month.CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30)days of receipt of each invoice.CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10)days of the receipt of each invoice.However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally,in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days after invoices are received by CITY,then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10)working days advance written notice.
2.4 Additional Services
CITY may request additional specified work under this Agreement.All such work
must be authorized in writing by the CITY's Director of Public Works prior to
commencement.CONSULTANT shall perform such services,and CITY shall pay for such
additional services at the rates indicated in Exhibit "A",These rates shall be in effect
through the end of this Agreement.
2.5 Term of Agreement
This Agreement shall commence on November 20,2012 and shall terminate
on December 31,2013,unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification,Hold Harmless,and Duty to Defend
(a)Indemnity for Design Professional Services.In connection with its
design professional services,CONSULTANT shall hold harmless and indemnify CITY,and
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its officials,officers,employees,agents and independent contractors serving in the role of
CITY officials,and designated volunteers (collectively,"Indemnitees"),with respect to any
and all claims,demands,causes of action,damages,injuries,liabilities,losses,costs or
expenses,including reimbursement of attorneys'fees and costs of defense (collectively,
"Claims"hereinafter),including but not limited to Claims relating to death or injury to any
person and injury to any property,which arise out of,pertain to,or relate to in whole or in
part to the negligence,recklessness,or willful misconduct of CONSULTANT or any of its
officers,employees,subcontractors,or agents in the performance of its design
professional services under this Agreement.
(b)Other Indemnities.In connection with any and all claims,demands,
causes of action,damages,injuries,liabilities,losses,costs or expenses,including
attorneys'fees and costs of defense (collectively,"Damages"hereinafter)not covered by
Section 3.1 (a),CONSULTANT shall defend,hold harmless and indemnify the Indemnitees
with respect to any and all Damages,including but not limited to,Damages relating to
death or injury to any person and injury to any property,which arise out of,pertain to,or
relate to the acts or omissions of CONSULTANT or any'of its officers,employees,
subcontractors,or agents in the performance of this Agreement,except for such loss or
damage arising from the sole negligence or willful misconduct of the CITY,as determined
by final arbitration or court decision or by the agreement of the parties.CONSULTANT
shall defend Indemnitees in any action or actions filed in connection with any such
Damages with counsel of CITY's choice,and shall pay all costs and expenses,including all
attorneys'fees and experts'costs actually incurred in connection with such defense.
Consultant's duty to defend pursuant to this Section 3.1 (b)shall apply independent of any
prior,concurrent or subsequent misconduct,negligent acts,errors or omissions of
Indemnitees.
(c)All duties of CONSULTANT under Section 3.1 shall survive termination
of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement.Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M.Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement,carry,
maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1 ,000,000)per claim and aggregate
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for errors and/or omissions of CONSULTANT in the performance of this Agreement.Said'
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A VII or better.If a "claims
made"policy is provided,such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed.Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three (3)years or by a
three-year extended reporting period endorsement,which reinstates all limits for the
extended reporting period.If any such policy and/or policies have a retroactive date,that
date shall be no later than the date of first performance of work or services on behalf of the
CITY.Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
'i!'maintain,and keep in full force and effect,a policy or pol1cies of Automobile Liability
Insurance,with minimum of one million dollars ($1 ,000,000)per claim and occurrence and
two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000)for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law.CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a)All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30)days prior written
notice to CITY,or ten (10)days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
(b )CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect,CITY may either immediately terminate this Agreement or,if
insurance is available at a reasonable cost,CITY may take out the necessary insurance
and pay,at CONSULTANT's expense,the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability policy shall contain
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endorsements naming the CITY,its officers,agents and employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The insurance policies (other than workers compensation and
professional liability)shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at anytime,with or without cause,
by the CITY upon thirty (30)days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice.Notice shall be deemed served if completed in compliance with
Section 6.14.'
(b)In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows:for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement,CONSULTANT shall be paid an amount
equal to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items;provided,in no event shall the amount of
money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANT for the full performance of the services described
in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,information,data,exhibits,
photographs,images,video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products")shall be and remain the property of the
CITY without restriction or limitation upon its use,duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire,"and all Written Products
and any and all intellectual property rights arising from their creation,including,but not
limited to,all copyrights and other proprietary rights,shall be and remain the property ofthe
CITY without restriction or limitation upon their use,duplication or dissemination by the
CITY.CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
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CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses,consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists,including computer software,used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend,indemnify and hold the CITY,and its elected officials,officers,
employees,agents, servants,attorneys,and designated volunteers,harmless from any
loss,claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal,state or local laws,or any contractual provisions,or any laws
relating to trade names,licenses,franchises,copyrights,patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
CONSULTANT shall bear all costs arising from the use of patented,copyrighted,trade
secret or trademarked documents,materials,equipment;devices or processes in
connection with its provision of the services and Written Products produced under this
Agreement.In the event the use of any of the Written Products or other deliverables
hereunder by the CITY is held to constitute an infringement and the use of any of the same
is enjoined,CONSULTANT,at its expense,shall:(a)secure for CITY the right to continue
using the Written Products and other deliverables by suspension of any injunction,or by
procuring a license or licenses for CITY;or (b)modify the Written Products and other
deliverables so that they become non-infringing while remaining in compliance with the
requirements of this Agreement.This covenant shall survive the termination of this
Agreement.
Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY.If CONSULTANT prepares a
document on a computer,CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee,and CONSULTANT shall notify CITY of CONSULTANT's designated
representative.These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
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,
Government Code Sections 12940-48),the applicable equal employment provisions ofthe
Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities Act of
1992 (42 U.S.C.§11200,et seq.).
6.3 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel required to perform CONSULTANT's services under this Agreement.Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing.CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall CONSULTANT be
responsible for its associates'and subcontractors'services.."
6.4 CONSULTANT's Representations
CONSULTANT represents,covenants and agrees that:a)CONSULTANT is
licensed,qualified,and capable offurnishing the labor,materials,and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement;b)there are no obligations,commitments,or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement;c)to the extent
required by the standard of practice,CONSULTANT has investigated and considered the
scope of services performed,has carefully considered how the services should be
performed,and understands the facilities,difficulties and restrictions attending
performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance of this Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
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(b)If any legal action or other proceeding,including action for declaratory
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
breach,default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
(c)Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
'Itassignmentwithoutwrittenconsentshallbenullandvoid,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents and
representatives with respect to any claim,demand or action arising from any unauthorized
assignment.
Notwithstanding the above,CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so.Such persons and entities include,but are not necessarily limited to,surveyors,
specialized consultants,and testing laboratories.CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set
forth,and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons,firms,or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT shall not,at any
time or in any manner,represent that itor any of its agents,servants or employees,are in
any manner agents,servants or employees of CITY.CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
and hold the CITY harmless from any and all taxes,assessments,penalties,and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
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workers' compensation laws.The CITY shall have the right to offset againstthe amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or aplended,or provisions or
breach may be waived,only by subsequent written agreeme'nt signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non-Waiver of Terms,Rights and Remedies
Waiver by either party of anyone or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under this
Agreement.In no event shall the making by the CITY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant,or any
default which may then exist on the part of CONSULTANT,and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid,illegal,or otherwise
unenforceable by a court of competent jurisdiction,the remaining provisions of this
Agreement shall continue in full force and effect.
6.14 Notice
Except as otherwise required by law,any notice or other communication authorized
or req'uired by this Agreement shall be in writing and shall be deemed received on (a)the
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day of delivery if delivered by hand or overnight courier service during CONSULTANT's or
CITY's regular business hours or (b)on the third business day following deposit in the
United States mail,postage prepaid,to the addresses listed below,or at such other
address as one party may notify the other:
To CITY
Jim Hendrickson,Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Robert Merrell
Merit Civil Engineering,Inc.
12391 Lewis Street,Suite #201
Garden Grove,CA 92840
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_
Dated:_
ATTEST:
CITY CLERK
MERIT CIVIL ENGINEERING,INC.
("CONSULTANT")
By:_
Printed Name:_
Title:_
By:Ji'--------
Printed Name:_
Title:_
CITY OF RANCHO PALOS VERDES
("CITY")
BY:------------MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
Page 11 of 11
D-58
Exhibit "A"
Proposal for
Construction Management and Inspection Services
Residential Street Rehabilitation
Phase I
FY 2011-2012
Prepared for:
City of Rancho Palos Verdes
Public Works Department
Prepared by:
MUNICIPAL ENCINEERINC SERVICES
November 1,2012
D-59
Exhibit "A"
Municipal Engineering
Land Surveying
Infrastructure
November 1,2012
Nicole Jules
Public Works Department
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Subject:
Dear Nicole:
Proposal -Construction Management and Inspection -Residential Street Rehabilitation -Phase 1
In response to the Request for Proposal,Merit Civil Engineering,Inc.is pleased to submit our proposal to provide
construction administration services for the above referenced project.I believe you will find our approach to this project
and the quality experience possessed by the designated team members will provide the City with a cost-effective
program.
We will be teaming with Anderson-Penna,Inc.to provide highly qualified individuals and sufficient depth to complete
the assignment.
Our team is qualified to complete this project for the following reasons:
•Merit has successfully completed a number of similar projects for the City of Rancho Palos Verdes and is very
familiar with the City's implementation policies regarding the annual roadway rehabilitation program.
•Merit has a long standing relationship with the City and will work as an extension of City staff in all aspects while
administering the project from the design period through completion of construction.
•Principal level involvement on every project we perform will ensure the City a consistently produced quality
product that we are proud of.
We are confident that our approach to the project as detailed in the following proposal will provide the City with an
economical and successful project.We are sincerely interested in being selected for this important assignment and
look forward to your favorable consideration.If you have any questions,please contact me at the number below.
Respectfully,
Merit Civil Engineering,Inc.
Robert Merrell,P.E.
President
Merit Civil Engineering,Inc.
12391 Lewis Street,Suite 201
Garden Grove,CA 92840
Office:(714)748-0531
Fax:(714)748-0681
D-60
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Pagei
SECTION B ~TABLE OF CONTENTS
SECTION A-PROFESSIONAL EXPERIENCE 1
SECTION B-PERSONNEL AND ORGANIZATION CHART 3
SECTION C-PROJECT UNDERSTANDING AND SCOPE OF WORK ,.12
SECTION D-REFERENCES 15
IVIEII-r
MUNIOPAL ENGINEERING SERVICES D-61
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Page 1
'--_-_·_=_S_E_CT_IO....N_A_-_:P_R9....W_ES_S_IO_N_AL_E.....X_PE_R_IE_N_CE I
Merit Civil Engineering (Merit)was formed in 1992 specifically to provide public works design engineering services for
local public agencies.Our goal remains to match seasoned municipal experience with quality design personnel working
within the small office atmosphere and to provide a highly professional yet economical service to our clients.Merit is an
S-corporation owned by two equal participating principals/shareholders.The firm's principals have extensive municipal
service backgrounds and a thorough understanding of local government issues and procedures.
With our focus on municipal design,our public works experience includes street rehabilitation and reconstruction,street
widening,highway design,storm water design,sewer design,park design,site grading and construction
administration/management.
Merit has successfully performed similar projects for Cities such as Anaheim,Rancho Palos Verdes,Laguna Beach,and
Oceanside.
Merit is known for a high level of performance and service,which is maintained by involving the principals in every project.
Merit takes pride in the quality of service and product provided and is focused on meeting established schedules and
budgets.
Merit has created a Project Team committed to delivering a successful and coordinated management and inspection
effort.We have joined resources with the firm of Anderson-Penna for this project to provide a highly qualified team of
professionals that have extensive experience with the City on Rancho Palos Verdes on a number of different projects
over the past 15 years.Our Project Team consists of:
Merit Civil Engineering,Inc........................................Overall Construction Management and Inspection
Management
Anderson-Penna,Inc.Support Construction Management and Primary
Construction Inspection
Following are brief descriptions of the individual roles on this project and their specialized professional capabilities.
Merit Civil Engineering,Inc.(Merit)has had the opportunity to provide services on many diversified engineering
assignments for the City of Rancho Palos Verdes starting with our completion of the design and construction
management of the Silver Spur Road rehabilitation in the early 1990's.That project was followed by the successful
completion of the design and construction management,including inspection,for the Annual Residential Street
Rehabilitation program for several annual cycles.During that period,over 100 streets were rehabilitated to varying
degrees but most of them were overlayed.All of these projects were managed and inspected by our currently
proposed Construction Manager,Bob Merrell P.E.
In addition to the Residential Street program,several arterial highways within the City were also either rehabilitated or
reconstructed.Bob Merrell both designed and provided Construction Management and Inspection for a portion of
Palos Verdes Drive East above PVDS,the reconstruction of 25th Street at the City limits and the reconstruction of
Palos Verdes Drive South through Portuguese Bend.The firm and Bob Merrell have also completed a number of
drainage improvement projects throughout the City over the years.
This extensive experience will provide the City with a proven project leader for this program that is thoroughly familiar
MEII'-
MUNICIPAL ENCINEERINC SERVICES D-62
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Page 2
with both the technical aspects of the assignment but equally important,the need to accommodate the public during
construction to the maximum extent possible while maintaining efficient progress on the construction.It has always
been the City's policy to make an extra effort to minimize the inherent inconvenience to the public during construction
activities and work on this project will be especially challenging.
In order to provide the needed coverage for this project,we have teamed with the firm of Anderson-Penna to not only
ensure the highest quality professional services but also to have equally qualified backup during the construction
period.Dino D'Emilia will be available in a support role as Construction Manager when needed.Dino has also
worked extensively for the City over the years while at a previous consulting firm.He joined Anderson-Penna last
year and currently manages their Construction Services section.They recently completed a large project for the City
of Torrance so support will be readily available as needed.
The Torrance project was managed by Dino and their lead inspector was Tony Plante whose extensive street
rehabilitation experience will be available,as needed,to support the Merit team.
The proposed team will be led by Bob Merrell as Construction Manager and Joe E5uckner of Merit as needed.Joe
has completed the design and provided construction services for many roadway projects and will be available to
provide management and inspection backup support to our lead inspector,Tony Plante.
Joe Buckner successfully completed the design,bidding administration,construction management and construction
inspection for a large private community known as Three Arch Bay in the City of Laguna Beach where nearly all of
their internal streets were reconstructed.The project had all of the challenging characteristics we might expect on
this project.
IV!EII'-
MUNICIPAL ENGINEERING SERVICES D-63
Exhibit "A"
Residential Street Rehabilitation-Phase 1
FY 2011-12
Construction Management and Inspection
Page 3
[SECTION B•PERSONNEL l'---------------The basis of our management approach rests on Mertt's experience with public works projects such as street
rehabilitation,reconstruction,and widening and the quality of the key personnel assigned.The approach is driven by our
"hands-on"Project Manager,who will monitor the progress of not only Mertt Civil Engineertng,but the rest of the project
team members as well.The Project Manager assigned to this contract is Mr.Robert Merrell,P.E.He will work
directly with the assigned staff members to ensure that adequate resources are devoted to the project and that
assignments are being properly completed on schedule.All subconsultants are managed as an extension of our staff,
and will follow the same quality control procedures.Mertt is known for responsiveness and pro-active approach to
problem solving and creative methods of resolution in a cost-effective,efficient manner.
For the City of Rancho Palos Verdes,the following major projects were completed by Bob Merrell:
•Miraleste Plaza Storm Drain
•Point Vicente Interpretive Center Expansion and Storm Drain
•Bronco Storm Drain and Construction Management
•San Ramon Storm Drain and Hillside Restoration
•Residential Street Program (RPV)•50 Streets (lncl.Inspection)
•Residential Street Program (RPV)•98 Streets (lncl.Inspection)
Assisting Mr.Merrell will be Mr.Joe Buckner,P.E.,P.L.S.
Mr.Buckner has 20 years experience in civil engineering and holds a professional registration as a Civil Engineer and as
a Land Surveyor.The first 6 years of his expertence dealt mainly with residential,commercial,and industrtal development
projects for developers.The last 16 years of his expertence have been devoted to public works type projects such as:
street rehabilitations,reconstruction,and widenings;state highway and freeway interchanges;storm drain design;and
legal descrtptions,plats,and mapping.
Mr.Buckner has been a Prtncipal!Project Manager at Merit for over ten (10)years and has managed a wide variety of
public works projects for local Cities such as Anaheim,Orange,Oceanside,Laguna Beach,and Moreno Valley.
Similar projects Mr.Buckner has managed while at Merit include:
•Lincoln Avenue Street Rehabilitation Project,City of Orange
•Community-wide Street Reconstruction (turn-key),Three Arch Bay Community
•Lincoln Avenue Street Median Beautification Project,City of Anaheim
•Sunshine Way Parkway Improvements,City of Anaheim
•Fire Mountain Roadway Improvements,City of Oceanside
Mr.Dino D'Emilia leads Anderson-Penna's construction management services and has successfully managed public
capital improvement projects in Los Angeles,Orange,San Bernardino and San Diego counties.Prior to his California
consulting experience,he worked as a civil engineer with the Department of Water and Power in the City of Los Angeles
performing design and construction services on major water and power facilities.His experience includes bidibility!
constructability analysis and project phasing!constraints specifications and bid phase services for public works and heavy
rail projects.
IVIERI-r
MUNICIPAL ENGINEERING SERVICES D-64
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BOB MERRELL,P.E.-Merit
MERIT CIVIL ENGINEERING,INC.
Overall Construction Management
and Inspection Management
ANDERSON-PENNA,INC.
Support Construction Management
&Primary Field Inspection
Exhibit "A"
City ofRllncho Palos Verdes
Principal-In-Charge!PROJ.MGR.
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Inspection
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AL AGUIERA -API
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Organization Chart
Optional Services,if Requested
•Surveying
•Design
MERI'-
MUNIOPAL ENGINEERING SERvm
D
-
6
5
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Page 5
Robert Merrell,P.E.
Construction Manager
Education
•8.S.,1974,Civil Engineering,California State University,Long 8each
Professional Registration
•Registered Civil Engineer,State of California (#28100,1976)
Experience Overview
Over thirty five years experience in planning and design of design of streets,highways,and freeways,highways,and
arterial streets,right-of-way engineering,grading,sewer,water and storm drains.On a number of projects,the design
was followed by field management of the construction,inspection or general construction m,anagement.
Relevant Project Experience
Mr.Merrell has an extensive background in project design and construction management developed over 35 years
working in public works engineering.In addition to managing several freeway sound wall projects,Mr.Merrell had overall
responsibility for the design team,which completed the widening of the 57 freeway in 1990.
He has extensive experience in the design of capital improvement projects,including freeway improvements,railroad
grade separations,storm drain facilities,regional channel improvements,large dams,major arterial and collector street
widenings and bridge projects.
Prior to forming Merit Civil Engineering,Mr.Merrell was with a large public works oriented consulting firm in Anaheim for
16 years.During that period and currently as a Principal Engineer at Merit Civil Engineering,his responsibilijies include
supervision of public works design and inspection personnel,design oversight,management and coordination of public
improvements including state and/or federally funded projects;
Mr.Merrell has managed and directly coordinated all technical work at Merit Civil Engineering since its inception
over 20 years ago.Representative public works improvements completed at Merit are as follows:
•Point Vicente Interpretive Center Expansion and Storm Drain
•Bronco Storm Drain and Construction Management
•San Ramon Storm Drain and Hillside Restoration
•Residential Street Program (RPV)-50 Streets (Incl.Inspection)
•96-97 Residential Street Program (RPV)-98 Streets (Incl.Inspection)
Mr.Merrell was the Project Engineer on all of the above listed projects and was the Construction Manager for the
projects located in Rancho Palos Verdes.
IVI EII-r-
MUNIOPAL ENGINEERING SERVICES D-66
Exhibit "A"
Residential Street Rehabilitation-Phase 1
FY 2011-12
Construction Management and Inspection
Page 6
Joe Buckner,P.E.,P.l.S.
Inspection Manager
EDUCATION
B.S.,1986,Civil Engineering,California State University,Fullerton
PROFESSIONAL DATA
Registered Civil Engineer,State of California (#45531,1989)
Professional Land Surveyor,State of California (#7206,1995)
EXPERIENCE OVERVIEW
Twenty years experience in planning and design of streets,highways,freeways,and arterial streets,right-of-way
engineering,grading,sewer,water and storm drains.
REPRESE·NTATIVE PROJECTS
•Lincoln Avenue Median Beautification Project,City of Anaheim.Responsible for the management and
design of conceptual design and final construction documents.The project consisted of approximately 4.0 miles
of roadway where median modifications and planting were implemented per the City's Master Plan for the
corridor.New median openings were designed at key locations while existing openings were closed where
traffic movements were minimal.Conceptual plans were prepared in conformance with the master plan and
processed through the City for approval prior to the construction document phase.Plans included typical
sections,plan and profiles,signing and striping,signal modifications,traffic control,irrigation,planting,
specifications and estimates.
•Sunshine Way Parkway Improvements,City of Anaheim.Responsible for the design of conceptual design
and final construction documents.The project consisted of providing a pedestrian walkway along the street as
well as design an aesthetically pleasing landscape palette.The project consisted of street plan and profile,
typical sections,planting and irrigation plans and grading details.
•Fire Mountain Roadway Improvements,City of Oceanside.The project consisted of design and preparation of
improvement plans,specifications and estimates for the widening and drainage improvements to Fire Mountain
Roadway at Laural Road.Responsible for design of the street improvement and striping plans.
•Three Arch Bay Street Reconstruction,City of Laguna Beach.The community of Three Arch Bay retained
Merit to design the reconstruction of nearly all of their internal streets to provide proper drainage and surface
durability to the aging complex.Plans were prepared and Merit was responsible for obtaining construction bids,
construction management and construction inspection.The project was successfully completed with minimal
disruption to the local residents.
•Harbor Boulevard I Katella Avenue Intersection Enhancements,City of Anaheim.Responsible for the
preparation of construction documents.The project consisted of modifications to the northwest and northeast
quadrants of the intersection to implement Master Plan landscaping enhancements.Plans included typical
sections,plan and profiles,signing and striping,signal modifications,traffic control,irrigation,planting,
specifications and estimates.
•Beach Boulevard/Orangethorpe Avenue Intersection Improvements,City of Buena Park.Responsible for
the preparation of construction documents for this project.The intersection improvements include the addition of
a left turn lane in all directions and designated right turn lanes in each direction on Beach Boulevard.The City
added the rehabilitation of Orangethorpe Avenue from Western to Stanton as part of the project as well.
IIERJ-r
MUNIOPAL ENGINEERING SERVICES D-67
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Page 7
Dino P.D'Emilia,PE
Vice President,Construction Services
Mr.D'Emilia brings 24 years of project and construction management experience as
well as civil engineering on a wide array of public works projects.Mr.D'Emilia
previously served in various capacities with California engineering firms where he was
responsible for profit and loss,business development,and delivery of construction
management services for many successful public capital improvement projects in Los
Angeles,Orange,San Bernardino and San Diego counties.Prior to his consulting
experience,he worked as a civil engineer with the Department of Water and Power in
the City of Los Angeles performing design and construction service on major water
and power facilities.
Del Amo Boulevard Extension Project,T-30 -Phases 1 &2,Torrance,CA:
During Phase 1,Project Manager,supervising consultant inspector under contract ,.
with City.Mr.D'Emilia assisted the City staff on various construction issues that"
arose during the successful delivery of the $1.5 million reroute of two water and two
sewer pipelines to accommodate the future construction of the Del Amo Blvd
Extension Project.In Phase 2,the Construction Contract Administrator overseeing
the construction of a new 4-lane roadway (Del Amo Blvd)between Crenshaw Blvd
and Maple Ave and widening of an existing segment of Del Amo Blvd between Maple
Ave and Prairie Ave.Construction also includes a new bridge over the BNSF
Railway's mainline tracks,MSE retaining walls,drainage improvements,relocation of
a railroad spur track,reconstruction of affected off-site facilities and coordination with
Southern California Edison and ExxonMobii Oil for relocation of their utilities.The
estimated construction cost is $15M and is partially funded by the American Recovery
and Reinvestment Act (ARRA).
Construction Management Services for Congresswoman Juanita Millender-
McDonald Community Center Roof,HVAC Replacement including Solar Panels
Installation,and Community Center Refurbishment and Upgrade:Project
Manager and Construction Manager for this performance contract delivery method
project which involves design/build of certain project elements,using a procurement
method allowed by Government Code 4217 for selection of an energy service
company using both qualifications and cost as selection criteria.The construction
contract will require incorporation of the Agency's Project Labor Agreement (PLA),
Enhanced Electrical Safety Policy (EESP)as well as funding requirements for
compliance with the Agency's American Recovery and Reinvestment Act,Energy
Efficiency Conservation Block Grant (ARRA /EECBG)grant through the Department
of Energy (DOE).The Community Center will remain open and operational
throughout construction of the proposed improvements.The proposed performance
contract allows 255 calendar days,with the first 120 days allocated to procurement of
long lead items.The construction cost estimate is $4,870,000.00 and includes federal
and Carson Redevelopment Agency funds.
Project Experience
Mr.D'Emilia's experience includes
preliminary engineering,PS&E,
engineering review,value
engineering,and construction
management of parks,landscape,
roadways,railroads,bridges,utilities,
drainage and flood control,highway,
and toll facilities.
During his career,Mr.D'Emilia has
participated in both the detailed
aspects of Project Controls and the
oversight of construction
management teams responsible for
implementing Project Controls.
Education
BS/1991/Civil Engineering,
Northeastern University
Professional Registrations
1996/PE/CA #55453
Professional Affiliations
APWA So.CA Chapter
2010 Pres Elect/Treasurer
2012 Congress Finance Chair
City and County Engineer's
Association
CMAA and ASCE
Chi Epsilon,1990-present
Honors and Awards
Top Leader -Private Sector,APWA
So.CA Chapter,2004
President's Chapter Service Award,
APWA So.CA Chapter,December,
2004
Experience
Entered the profession in 1983
Juanita Millender-McDonald Community Center Improvements,City of Carson
Redevelopment Agency,CA:Consultant Project Manager /Owner's Representative
for the $4.5 million improvement to the Congresswoman Juanita Millender-McDonald Community Center.This
~~
ANDERSON·PENNA
•PARTNERS IN PROJECT DELIVERY.
D-68
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
PageS
project included replacement of this 54,000 square foot facility's roof and air conditioning system,installation of a 184
kw solar panel system,various mechanical,electrical,plumbing,safety and architectural renovations.
Responsibilities included program development,City Council/Agency Board and Project Subcommittee
presentations,design consultant selection,design coordination,assistance with union negotiations,coordination and
incorporation of ARRAIDOE/EECBG funding requirements,preparation of a performance contract request for
proposals and assisting with the RFP process and performance contractor selection processes.Additionally,
coordinated the design,permitting and tenant improvements of a storage space into the Senior Cyber Cafe,
constructed by City forces.
Downey Avenue Rehabilitation,City of Bellflower,CA:Project Manager/Construction Manager for the
construction of this project resurfacing of Downey Avenue from the South city limit to the North city limit consists of a
grind and overlay of an arterial highway 60 feet wide and 3,966 feet long.Because this project crosses under the
SR-91 ,a double encroachment permit and extremely careful coordination with the California Department of
Transportation (Caltrans)was necessary.This project also includes the reconstruction of specific curb ramps,
construction of a concrete pad at the foot of the SR-91 westbound off-ramp,replacemelilt of affected existing
vehicular detection loops,and installation of new bicycle detection loops.The EAgineer's opinion of probable
construction cost is $557,334.00 and the contract time allotted in the bid documents is 22 working days after the
City's Notice to Proceed to the Contractor.The project is partially-funded by a federal grant through the American
Recovery and Reinvestment Act (ARRA).Accordingly,this project must adhere to the reporting,labor compliance,
and Buy America requirements of ARRA.The construction management processes and contract administration
procedures will adhere to Chapter 16 of the Caltrans Local Assistance Procedures Manual.
Jump Start Safety Program,Alameda Corridor-East Construction Authority,Los Angeles County,CA:
Resident engineer for a $27.8 million,federally funded heavy civil and heavy rail project,a portion of the nationally
significant rail improvement project to improve safety and trafficlrail delays through the San Gabriel Valley.
Responsibilities included selection of the construction management team and subconsultants through preparation of
the request for proposal,proposal review and conducting interviews,and ongoing compliance with Disadvantaged
Business Enterprise (DBE)requirements.He worked collaboratively with the Authority's program manager and
general counsel to modify the boilerplate front-end bid documents,authored the Resident Engineer's manual,
procured Primavera Expedition licenses and customized forms and reports for utilization on Authority projects;
performed all contract administration functions including management of the projects control team,primary negotiator
on contractor change orders,and primary reviewer for contractor CPM schedules and for change order
consideration.Compiled and coordinated a master schedule with the Authority,various member agencies and
railroad track and signal crews for comprehensive phasing of all grade crossing improvement bid packages;prepared
program safety and quality assurance plans,and assisted with all Caltrans LAPM requirements.
Antonio Parkway and Santa Margarita Parkway,Roadway Rehabilitation Project,City of Rancho Santa
Margarita,CA:Project/Construction Manager and Resident Engineer for delivery of construction management
services for this $2.5 million rehabilitation project.This project was federally funded and Caltrans Local Assistance
administered.
Pier Avenue Improvement Project,Hermosa Beach,CA:Construction Manager performing
bidibility/constructability analysis and project phasing/constraints specifications and bid phase services f for this $4
million downtown streetscape project.Reviewed plans for constructability and took the lead to draft and issue
addenda to the bid documents in response to bidder questions and revisions identified by the City and the
constructability review.Assisted the City with updating front-end bid documents for compliance with federal
ARRAlState Water Boards requirements.Expedited design firm's provision of revised plans and specifications and
coordinated expedited printing,email and hard copy delivery and receipt confirmation of addenda.Coordinated and
chaired the pre-bid meeting,compiled detailed bid analysis and provided assistance with recommendation for award
~~
ANDERSON·PENNA
•PARTNERS IN PROJECT DELIVERY.
D-69
Exhibit "A"
Residential Street Rehabilitation-Phase 1
FY2011·12
Construction Management and Inspection
Page 9
of the construction contract and expediting of the contract execution process.
Anaheim On-call Construction Management Services,City of Anaheim,CA:Project Manager for delivery of
construction management services on $8 million in improvements including AlC overlay street rehabilitation projects
on Knott Avenue,Harbor Boulevard,State College Boulevard,and major roadway widening and high voltage
undergrounding projects at Imperial Highway and La Palma Avenue.
On-Call CIP Program Management,City of Culver City,CA:Program,project and construction manager for over
$32 million in Capital Improvement Projects including a $21 million Transportation and Public Works Facility,a $4
million City-wide energy efficiency program,assistance with close-out of a $4 million HQ Fire station defaulted
contract,and several other facility and roadway improvement projects.
Miller Family Health and Education Center,City of Long Beach,CA:Project manager overseeing the
constructiGln management services on the construction of a $2.2 million renovation of an existing,abandoned former
Kaiser medical clinic into a state-of-the-art community health services outreach facility."Services included onsite
construction management and coordination with the City's Health Department and design consultant for successful
project completion.The facility boasts a unique multi-lingual community wellness and health counseling program for
the very diverse population in the Long Beach area.
Mr.D'Emilia is Vice President,Construction Services for APP,and brings 24 years of project and construction
management experience as well as civil engineering on a wide array of public works projects,including water
infrastructure.Dino's career started at the City of Los Angeles Department of Water and Power,and includes
working on multi-million dollar construction programs,delivered on time and within budget.
Fountain Valley Equipping of Well 12,Mile Square Park,City of Fountain Valley,CA:Project controls manager
responsible for the establishment and implementation of construction contract administration system,construction
management procedures manual,and forms,reports and documents control system on well equipping project in Mile
Square Park.The project included a new pump station building and all related pump and control systems equipment,
and appurtenant site work and amenities.Also provided consultation for change order negotiations and claims
avoidance and resolution.
Presentations
D'Emilia,Dino,P."Southern California Paradise,Just Add Water"APWA International Symposium to the Greater City
of Izmir Turkey,August,1998.
D"Emilia,Dino P."Public Works Construction Management Workshop"APWA Southern California Chapter,June
2004
D'Emilia,Dino P.(Seminar coordinator and panelist for Part I)"Greenbook Seminar",APWA Southern California
Chapter 2002-2009
D'Emilia,Dino,P.(part of a panel)"How Not to Bet Burned in a Sizzling Bid Environment"League of Cities Public
Works Officer's Institute,Monterey,California March,2010.
Professional Development
League of Cities,Public Works Office~s Institute 2006-2009
Prevailing Wages in California (Lorman)2008
Essentials of Negotiations 2006
CMAA Conference 2006,2007,2009
APWA National Congress 1999,2000,2005,2006,2007,2008,2009
OSHA 10 Hr.Certification 2006
Interviewing People 2002,Basic Supervision 2001,and Fundamentals of Accounting 2000
~~
ANDERSON·PENNA
•PARTNERS IN PRO.JECT DELIVERY.
D-70
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Page 10
Pest Control Advisor -05265
Registration/Certification
Education
Mount San Antonio College
Years of Experience
Entered the profession in 1980
Certified Arborist -WC1156,
International Society of Arboriculture
Qualified Applicator -31203,California
Department of Agriculture
Project Experience
Inspection responsibilities for the
following agencies:
•County of Los Angeles
•City of La Mirada
•City of Fountain Valley
•City of Yorba Linda
•City of Huntington Beach
•City of Covina
•City of Lake Forest
•City ofTemple City
•Charter Oak Unified School District
Hugh "Tony"Plante
Inspector
Tony Plante brings more than 30 years of experience in project management and
inspection of public works construction and maintenance projects including
landscaping,asphalt paving,slurry seal,concrete sidewalks,curb and gutter,
driveways and handicap ramps and utility coordination on underground projects.Mr.
Plante is particularly strong in contractor compliance with plans and specifications,
administrative duties including the requirements for federally funded projects such as
employee interviews,certified payroll compliance and managing the required
documentation.Mr.Plante possesses interpersonal skills necessary in dealing with a
variety of problems encountered in a Public Works environment.He has the ability to
manage multiple tasks in a deadline driven environment and deal with the high stress
levels.He is extremely detailed oriented and has excellent organizational and project
management skills.
As an Inspector,Mr.Plante is responsible for inspecting new construction or repair
work for roadway,bridges,railroads,signals,culverts,drainage,water,sewer,and
dry utility systems under the supervision of a construction manager.
Mr.Plante's project experience includes:
County of Los Angeles County,Richvale Drive Resurfacing -As Senior
Public Works Inspector responsible for inspecting this $1.2M Residential street
repaving including Cold Milling,Asphalt Rubber Hot Mix overlay,Placement of
Asphalt Rubber Aggregate Membrane,and Slurry Seal.Project responsibilities
included resident notification,traffic control and street closure coordination,
oversight of contractor paving operations,manhole adjustment,pavement legends
and striping,installation of traffic detector loops,Employee Interviews and Best
Management Practices.
City of La Mirada.Alicante Road Resurfacing from La Mirada Boulevard to
Santa Gertrudes Avenue -Senior Public Works Inspector,the project consisted
of removal of existing AC pavement and base in selected locations;cold mill
existing AC pavement;construction of 6"of CMB base,PG 64-10 AC base
course,ARHM overlay and PCC curb ramps,curb and gutter and sidewalk.Mr.Plant also inspected the associated
striping and installation of signs.Mr.Plante monitored the Contractor's activities and traffic control,produced daily
reports,maintained a file of materials delivery tickets and verified pay quantities.
City of Fountain Valley,Talbert Avenue and Brookhurst Street Rehabilitation and Resurfacing -Public Works
Observer for the $888,000 rehabilitation and resurfacing of Talbert Avenue from Magnolia Avenue to Newland
Avenue and Brookhurst Street from Warner Avenue to Heil Avenue.The project included a full width cold milling
operation on both of these major arterial streets,ARHM resurfacing,handicap ramp removal and replacement,
installation and improvement of existing driveways,portions of sidewalk,curb and gutter.Due to the impact on public
travel this project required considerable oversight of traffic control measures to minimize public inconvenience.Mr.
Plante provided the Lead Inspector administrative assistance for Federal funding compliance.The administrative
duties included the production of daily reports tracking the Contractor's manpower,equipment and hours;weekly
statement of working days;keeping a record of quantities;employee interviews;review of progress payments to
confirm billing quantities and review change orders to confirm work to be performed.
~""ANDERSON·PENNA
•PARTNItRS IN PRO.JECT DELIVERY.
D-71
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Page 11
City of Yorba Linda.Street Rehabilitation of Yorba Linda Boulevard -Construction Observer for the
rehabilitation project consisting of the removal and replacement of existing handicap ramps,cold mill grinding,dig
outs,AHRM overlay and restoration of traffic detector loops,signage and striping.
City of Lake Forest,Public Works Superintendent -Mr.Plante was responsible for the planning,scheduling and
management of the daily operations of the City's programs and services that provide maintenance,repair,construction
and improvement of the City's infrastructure.This also included management of all City facilities;arterial highway and
residential street maintenance and repairs,maintenance of 170 acres of parks and streetscapes,urban forest,storm
drains,hardscape,traffic signs,City buildings,supervision and contract administration for road maintenance and
operations,landscape maintenance,and graffiti abatement.He was responsible for budget expenditures in excess of
$2,000,000 annually for operations and maintenance and for the project management of over $4,000,000 in Capital
Improvement Projects for the 2003-2004 Fiscal Year,including the construction of the largest CA outdoor concrete skate
park.
City of Temple City,Maintenance Superintendent -Responsible for maintenance,9,onstruction and repair of City
facilities including;parks,streetscapes,urban forests,parking facilities,traffic sig.ns'iSnd City buildings.Other duties
included supervision and contract administration for park,tree and landscape maintenance,graffiti abatement and fleet
maintenance.
City of Fountain Valley,Fountain Valley Recreation Center Master Plan Expansion.Lead Inspector for the $18 million
expansion of a major regional recreation center for the CITy of Fountain Valley.The project involves the rehabilitation of
the existing 55 acre sports facility and a 23 acre expansion.The project added six adult softball fields soccer and other
league baseball fields,sports field lighting,fiber optic communications,two new rest room and concession facilities,new
maintenance facility,over 1 mile of nature trails,eight parking lots,storm drain,sewer system,water,irrigation,
landscaping and access roads throughout the facility.
~~
ANDERSON·PENNA
•PARTNERS IN PRQ,JECT DELIVERY.
D-72
Exhibit "A"
Residential Street Rehabilitation-Phase 1
FY 2011·12
Construction Management and Inspection
Page 12
'-SE_C_T_IO_N_C_-_P_R_OJ_E_C_T_UN_D_E_R_ST_A_N_D_IN_G_&_S_C_OP_E_O_F_W_O_R_K_'_.-_",_.~_._.1IIIIIil1
The City of Rancho Palos Verdes has a program that funds street rehabilitation across the city on an annual basis
where up to $3 million dollars is available each year to maintain the serviceability of both the local residential streets
as well as the arterial streets.This project has been divided into two phases where the first phase will complete the
various concrete repairs needed and the second phase will complete the street resurfacing required.
This proposal is offered to complete full time construction inspection and construction management for the Phase
One project to fully coordinate the field work and the associated administrative activities.It is understood that the
necessary construction control will be the consultant's responsibility with minimal City envolvement.Merit will provide
all interface between the Contractor and the City's Project Manager.
Much of th~pre-bid engineering has been completed by the City with the assistance of Bob Merrell.These activities
are covered here but to a limited extent as those elements are nearly complete at this tiple.
The Project Manager and inspection team will supply the following services during each stage of the project:
DESIGN PHASE
o Design document review for bidability and constructability.
o Assist with the preparation of contract agreements for the construction and for support services such as
testing.
o Assist with public relations through out the project.
PROCUREMENT PHASE
o Assist with bidding and contracting including bid documents,information to bidders,bid addenda,bid
opening and evaluation.
o Prepare a detailed bid spread for thourough bid error checking and comparison,if requested.
o Assist with meetings including pre-bid meetings,the bid opening and pre-award conferences.
CONSTRUCTION PHASE
o Provide effective team coordination including regular and consistent management and reporting.
o Conduct regular project meetings including pre-construction,progress and special meetings,as necessary.
o Monitor Contractor's schedule and ensure compliance is maintained.
o Track progress quantities,budget and cost variations.
o Assist with payment request with detailed quantity summary.
o Manage all communications between the City and the Contractor.
o Manage all change order requests,claims and disputes.
o Process all Requests for Information (RFI)between the designers and the Contractor.
o Manage materials testing to maintain quality product.
o Assist in maintaining good public relations with the public.
o Provide value engineering where appropriate.
o Maintain project notebook throughout the construction period and furnish to the City.
IVI EII'-
MUNIOPAL ENGINEERING SERVICES D-73
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Page 13
o Prepare documentation for final payment to the Contractor.
o Provide inspection and final punch list and documentaton for final project acceptance.
o Maintain As-built drawings throughout the construction period.
o Assemble and deliver all project records to the City at the end of the project.
POST CONSTRUCTION PHASE
o Prepare As-built documentation
o Coordinate any warranty information
o Process final payment,retention release and documentation for project close out.
CONSTRUCTION OBSERVATION
o Conduct field investigation of the project area to become familiar with the existing facilities and project
environment.!I'
o Compile a photo log of existing improvements.
o Provide full time inspection observation of all construction activities to monitor material and methods to
ensure compliance with the plans and specifications.
o Prepare daily inspection and observation reports.
o Maintain communication with the Construction Manager with all issues
Specifically the following activities will be completed by Tony Plante,our lead inspector.
Participate in Pre-construction and Progress Meetings:The inspector will attend,and participate in a pre-construction
conference,chaired by the Construction Manager,to orient the Contractor to the various reporting procedures and
site rules.
Safe Conditions:The inspector will monitor project work and adjacent areas for unsafe conditions,promptly require
corrective measures to be addressed by the Contractor in compliance with the contract documents and report such
issues and corrective measures taken to the City.
Quality Assurance:The inspector will coordinate QA I QC activities on a daily basis and require any apparent
deficiencies to be resolved in a timely manner.The Inspector will visit each site on a regular,full time basis,during
the normal working hours to verify construction progress and to verify that work conforms to contract requirements.
Deputy and special inspection and materials sampling and testing,if required and performed by others,will be
coordinated and provided as required by the plans and specifications.When necessary,corrective measures will be
implemented and re-inspected I re-tested to verify acceptable completion.The inspector will reject work that does
not conform to the requirements of the contract documents and will promptly report unacceptable work to the City
and contractor.Rejected work will be thoroughly documented,photographed,and tracked until repaired or replaced
to the satisfaction of the City.
Daily Construction Observation Reports:The inspector will compile daily observation reports documenting the
contractor's workforce,material and equipment used,a summary of construction activities,field problems,disputes or
claims,resolutions of issues and directions given to the contractor.Completed daily reports will be transmitted to the
Construction Manager on a weekly basis who will then pass the reports to the City.
IVI ERJ'-
MUNIOPAL ENGINEERING SERVICES D-74
.../...~
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Page 14
Photographs:The inspector will utilize electronic photos in documenting the construction progress.Photos shall be
taken before construction begins,during construction and upon completion of the project.
Weekly Statement of Working Days:The inspector will provide input regarding the progress of the work to the
Construction Manager,who will prepare a weekly statement of working days documenting the construction progress,
time of completion,delays and time extensions,and submit to Contractor and the City on a weekly basis,if so
desired by the City.
Utility Coordination:The inspector will assist the contractor and City,as requested by the City,to assist the
coordination and expediting of temporary and permanent utility installations,utility relocations utility access structure
adjustments,etc.
Submittal Processing:The inspector will compare submittals (reviewed and approved by the Construction Manager)
with materials delivered to the project to confirm the proper products are incorporated into the constructed product..
RFI's:The inspector will provide input regarding field conditions,as requested by th,~City,in relation to resolution of
RFls submitted by the Contractor."
Stormwater Pollution Prevention:The inspector will monitor and document compliance with Storm Water Pollution
Prevention requirements set forth in the plans and specifications.Apparent deficiencies noted will be addressed with
the contractor for immediate remedy.Upon a weather report of expecting rain,a site walk will be conducted to
ensure that Best Management Practice measures are in place and well maintained.
Change Orders:If requested,the inspector will provide input to the Construction Manager who will consider,
negotiate and process change orders as necessary.Upon approval by the City,the inspector will monitor the proper
implementation of change order work.Once fully executed,the inspector will expedite and review the timely
completion of the work and coordinate inclusion of the change order in the appropriate payment application.
Daily Extra Work Reports:The inspector will verify and sign contractor's daily extra work reports documenting force
account (time &materials)work.The inspector will monitor that only appropriate worker classifications necessary for
approved time and materials work is included on extra work reports.Any inappropriate workforce and/or equipment
charges will be promptly rejected and removed from extra work reports.
Progress Payment Processing:The inspector will maintain measurements of quantities placed,and obtain the
Contractor's representative's concurrence with measured quantities.The inspector will assist the Construction
Manager to review the payment applications submitted by the contractor and determine whether the amount
requested reflects the progress of the contractor's work.The inspector will recommend appropriate adjustments to
each payment application as applicable.
Pre-Final Inspection:The inspector will coordinate with appropriate project stakeholders,perform the final job walk
and prepare the punch list (deficiency list).The inspector will coordinate and observe completion of required
corrections.
Final Inspection:Satisfactory completion of all punch list items is verified before the inspector recommends
processing of the "Notice of Completion".
Upon completion of the punch list and final sign off by all project stakeholders,the inspector will make
recommendation to City regarding the Contractor's final progress payment request.
IVIE~I~
MUNICIPAL ENGINEERING SERVICES D-75
Exhibit "A"
Residential Street Rehabilitation·Phase 1
FY 2011·12
Construction Management and Inspection
Page 15
I SECTION D•REFERENCES
Professional Reference
Merit Work Experience as Prime Consultant:
Steve May
City of Laguna Beach
505 Forest Avenue
Laguna Beach,CA 92651
Tel:(949)497-3311
smay@lagunabeachcity.net
Randy Nguyen
City of Orange
Department of Public Works
300 E.Chapman Avenue
Orange,CA 92866
Tel:(714)744-5531
rnguyen@cityoforange.org
::
Relevant Projects
Virginia Park Storm Drain
Cerritos Drive Hillside Repair
Boat Canyon Park
San Diego Creek Bike Trail-Hewes
Collins Avenue Undercrossing
Innovative Technical Solutions,Inc.
1891 N.Gaffey Street,Suite 211
San Pedro,CA 90731
(310)832-2600
emunro@itsLcom
Three Arch Bay Homeowner's Association
Contact:Drew Harper
Phone:(949)240-0324
Cell:(949)212-0410
IVIERJ'-
MUNICIPAL ENGINEERING SERVICES
USAF Plant 42 -Perimeter Road Reconstruction
Davis Monthan AFB -Street Reconstructions
USAF Plant 42 -Drainage Improvements
Community-wide Street Reconstruction
D-76
Exhibit "A"
Municipal Engineering
Land Surveying
Infrastructure
November 1,2012
Nicole Jules
Public Works Department
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Subject:.Fee Proposal-Construction Management and Inspection -Residential Street Rehabilitation
Phase I
Dear Nicole:
We are pleased to offer our cost proposal to the City of Rancho Palos Verdes for this project.We have prepared a
detailed task breakdown,by classification and hourly rate,to develop the recommended compensation for this
assignment.Please refer to the attached fee breakdown.Our total fee for this project is $191,056,which is broken
down by category as specified below.
I--~~~=.:..;===.:..;.:...---------t----.-.------..----_..--.--.-------------..-.--------.-..----.-.-----1--~.;;.:.liI.;.:...:....:.=;,...,------------+_----------.9ov~red previousJL _
Covered previous.!L..__,--l
$89,126
1--..:..-=.:...::..::.;==~_1.----.-..----.--------------~~-36 .._.,,__
Construction Observation ---------$~7,094-----------
GRAND TOTAL $191,056.
We are confident that our approach to this project will provide the City of Rancho Palos Verdes with and excellent
program.We look forward to its implementation.
If you have any questions regarding our proposal,please do not hesitate to call.
Respectfully,
Merit Civil Engineering,Inc.
/l4~_.---.
Robert Merrell,P.E.
President
Merit Civil Engineering,Inc.
12391 Lewis Street,Suite 201
Garden Grove,CA 92840
Office:(714)748-0531
Fax:(714)748-0681
D-77
ExhibitlA"
City of Rancho Palos Verdes.
Construction Management and Inspection·Residential Rehabilitation Phase I·FY 2011·12
Fee Breakdown
Project Estimate
November 1.2012
Constr.Inspect.Constr.CADD 2-ManClassificationManaoer Manaaer Insooctor Draftsman Clerical Crew -Total Billing Rate Outside
Hourlv Billinn Rate $170 I $170 S105 I $108 $82 $245 Hours Summary Costs Comments
TASK BREAKDOWN
Construction Phase-Construction Management
1.Provide effective team coordination including regular and 33 16 49 $6,922consistentmanagementandreporting.
2.Conduct regular project meetings including pre-25 20 16 61 $8,962
construction,progress and special meetings,as necessary.
3.Monitor Contractor's schedule and ensure compliance is 40 40 $6,800maintained.
4.Track progress quantities,budget and cost variations.40 20 40 100 $14,400
5.Assist with payment request with detailed quantity 40 20 60 $10,200summary.
6.Manage all communications between the City and the 40 40 $6,800Contractor.
40 40 $6,8007.Manage all change order requests,claims and disputes.
8.Process all Requests for Information (RFI)between the 40 20 60 $10,200designersandtheContractor.
9.Manage materials testing to maintain quantity product.8 8 $1,360
10.Assist in maintaining good public relations with the 20 20 $3,400public.
11.Provide value engineering where appropriate.60 60 $10,200
12.Maintain project notebook throughout the construction 20 40 32 92 $12,824periodandfurnishtotheCity.
13.Prepare documentation for final payment to the 40 10 4 ~54 $8,828Contractor.
14.Provide inspection and final punch list and 20 20 40 $6,800documentationforfinalprojectacceptance.
15.Maintain As-built drawings throughout the construction 16 16 $2,720period.
16.Assemble and deliver all project records to the City at 8 8 $1,360 $250 Gen.Reproductiontheendoftheproject.
S250Subtotals490150400680748$118576 $118826
RPV-Res 2011-12 Fee.xls MERIT CIVIL ENGINEERING,INC.Page 1 of2
D
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7
8
Exhibit "A"
City of Rancho Palos Verdes.
Construction Management and Inspection -Residential Rehabilitation Phase 1-FV 2011-12
Fee Breakdown
Project Estimate
November 1.2012
Classification Constr.Inspect.Constr.CADD 2-Man
Manaaer Manaaer Insoector Draftsman Clerical Crew •Total BOling Rate Outside
Hourlv Billina Rate 5170 I 5170 5105 I 5108 582 $245 I Hours Summary Costs Comments
Post Construction Phase-Construction Management
1.Prepare As-built documentation 16 4 20 $3,048
2.Coordinate any warranty infonnation 4 4 $680
3.Process final payment,retention release and 4 4 8 $1,008 $100 Gen.Reproductiondocumentationforprojectcloseout.
Subtotals 24 0 0 0 8 0 32 $4,736 $100 $4,836
Construction Phase-Construction Observation
1.Conduct field investigation of the project area to become 40 40 $4,200
familiar with the existing facilities and project environment
2.Compile a photo log of existing improvements.40 40 $4,200
3.Provide lUll hme InspechOn observahon ot all construehOn
activities to monitor material and methods to ensure 480 480 $50,400
compliance with the plans and specifications.
4.Prepare daily inspection and observation reports.40 40 $4,200
5.Maintain communication with the Construction Manager
40 40 $4,200 $194 Gen.Reproductionwithallissues
Subtotals 0 0 640 0 0 0 640 $67,200 $194 $67,394
Hours 514 150 680 0 76 0 1,420 - -
ESTIMATED FEE
TOTALS Cost $87,380 $25,500 $71,400 $0 $6,232 $0 -$190,512 $544 $191,056.00
Notes
1.Fee estimate is based on 80 working day construction period.
2.Material testing and construction surveys are excluded from the estimate.
3.The portion of the estimate related to the reconstruction of Via Victoria is $6,500
4.The portion of the estimate related to the reconstruction of Woodfem Drive is $5,500
...
RPV-Res 2011-12 Fee.xls MERIT CIVIL ENGINEERING,INC.Page 2 of2
D
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7
9
Exhibit "A"
MERIT CIVIL ENGINEERING,INC.
STANDARD SCHEDULE OF HOURLY RATES
(Effective June 1,2012 to June 30,2013)
Classification
ENGINEERING
Principal Engineer
Project Manager
Project Engineer (CADD)
Design Engineer (CADD)
Drafter (CADD)
Technical Aid
SURVEYING/RIGHT OF WAY ENGINEERING
Survey Analyst
Two-man Field Crew
REAL PROPERTY SERVICES
Licensed Surveyor
CONSTRUCTION SERVICES
Construction Administrator
Sr.Construction Inspector
Assistant Inspector
OTHER SERVICES
Clerical
Hourly Fee Rate
170.00
170.00
148.00
130.00
108.00
90.00
155.00
245.00
170.00
170.00
105.00
95.00
82.00
Miscellaneous supplies,local travel and other indirect project expenses are included in the
above hourly rates.
The above schedule is for straight time.Overtime will be charged at 1.25 times the
standard hourly rates.Sunday and holidays will be charged at 1.70 times the standard
hourly rates.
D-80