Manhattan Beach City Council
April 4, 2023

RFP No. E1274-22S -1- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, & D-929)

CITY OF MANHATTAN BEACH

REQUEST FOR PROPOSAL
RFP NO. E1274-22S

PROFESSIONAL INSPECTION SERVICES FOR VARIOUS CAPITAL
IMPROVEMENT PROJECTS (D-937, P-922, P-924, & D-929)
Ceramic Studios Kiln Installation (Project No. D-937)
Aviation Blvd Sidewalk Gap (Project No. P-922)
Rowell Ave Sidewalk Gap (Project No. P-924)
Pier Railing Replacement (Project No. D-929)
JANUARY 2023

KATHERINE DOHERTY

CITY ENGINEER

MARZENA LASKOWSKA

PROJECT MANAGER
(310) 802-5325

PUBLIC WORKS FACILITY
3621 BELL AVENUE
MANHATTAN BEACH, CA 90266

RFP No. E1274-22S -2- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, & D-929)

Professional Inspection Services for
Various Capital Improvement Projects (D-937, P-922, P-924, & D-929)

1. Instructions to Proposers
Proposers are to read and understand all of the information contained in this Request for Proposal (RFP). The proposal shall address all the items outlined in this RFP. The provisions of this RFP along with the proposal submitted will be part of the contract documents for this project. The City’s Project Manager for this project is Marzena Laskowska.

Proposals shall be received electronically only on the PlanetBids Portal accessible through the City of Manhattan Beach Public Works Department Bid Opportunities webpage at https://www.manhattanbeach.gov/departments/public-works/bid-opportunities.

To submit
your proposal and sample work projects electronically, please visit the following link:
https://pbsystem.planetbids.com/portal/48136/bo/bo-detail/100983 This RFP in PDF format (not including Standard Plans, Standard Specifications, or Reference Specifications) shall be obtained from the link/website above. The RFP without attachments can be viewed without cost on PlanetBids using the link provided above.

Fee per set: $20.00
All fees listed above are non-refundable. In order to view the RFP attachments or to submit a proposal, Proposers are required to pay the aforementioned, non-refundable fee. The RFP must be viewed online, and the RFP attachments must be purchased online; they cannot be purchased or mailed from City Hall. Proposers are solely responsible for on time submission of their electronic proposal. The City will only consider proposals that have been transmitted successfully and have been issued an ebid confirmation number with a time stamp from the bid management system indicating that the proposal was submitted successfully.

Transmission of proposals by any other means will not be accepted. Proposers shall be solely responsible for informing themselves with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposers to successfully submit electronic proposals shall be at the Proposers’ sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the proposal submission process may contact PlanetBids at (818) 992-1771. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

RFP No. E1274-22S -3- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

2. Anticipated Schedule of Events
Anticipated Schedule:

ACTION DATE
Availability of Request for Proposal 01/11/2023
Optional Pre-proposal Meeting
• Zoom Meeting – Email Project Manager for Link
01/19/2023 at 9:00 AM
Last Day to Submit Questions 01/24/2023 at 11:00 AM
Proposal Submission Deadline (PlanetBids ONLY) 2/7/2023 at 11:00 AM Staff Review of Proposals 2/8/2023 – 2/14/2023
Interview(s) with Top Ranked Consultant(s) and City
Negotiations – (If Needed)

TBD
City Council Award March 2023
Contract Execution April 2023
Notice To Proceed May 2023

Optional Pre-proposal Meeting
An optional pre-proposal meeting will be held online via Zoom meeting. It is the proposers’ responsibility to email the Project Manager Marzena Laskowska ([email protected]) for the meeting link. . Every proposer is encouraged to attend the optional pre-proposal meeting listed below.
• Optional Pre-proposal Meeting : Thursday, January 19, 2023 at 9:00 AM Though not mandatory it is encouraged for the proposers to visit the project sites. No allowances for cost adjustments will be made if a Proposer fails to adequately examine the Project site before submitting a Proposal.

RFP No. E1274-22S -4- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

3. Single Point of Contact for Questions
The contact person for all questions regarding this RFP is Marzena Laskowska. All questions must be submitted through PlanetBids on the website provided in Section 1, Instructions to Proposers. Proposers may not contact any other staff members with questions.

Proposers must notify the City of any ambiguity, inconsistency or error they may find. All questions about the RFP must be submitted through PlanetBids by the deadline. Any changes or corrections to the original RFP or any other information that will affect the completion of the award will be incorporated into an addendum that will be disseminated and posted on PlanetBids on the website provided in Section 1, Instructions to Proposers. Proposers are responsible for ensuring that they have received any and all addenda to the RFP. It is the Proposer’s responsibility to actively check the City’s website for addenda to the RFP, and each Proposer is responsible for verifying that it has received all issued addenda to the RFP.

4. Project Information
Introduction
The City of Manhattan Beach is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by El Segundo, on the east by Hawthorne, on the east and south by Redondo Beach, on the south by Hermosa Beach, and on the west by the Pacific Ocean. The City is a beach community with approximately 2.1 miles of beachfront. The City has a total land area of 1,788 acres (3.88 square miles). The City is bound by Rosecrans Avenue on the north, Aviation Boulevard on the east, Artesia Boulevard on the south and the Pacific Ocean on the west.

Sepulveda Boulevard (State Highway 1) runs north-south through the middle of the City.

The City seeks an experienced consultant to assist the City with the inspection and special inspections for four upcoming capital improvement projects: Ceramic Studios Kiln Installation (Project No. D-937), Aviation Blvd Sidewalk Gap (Project No. P-922), Rowell Ave Sidewalk Gap (Project No. P -924), and Pier Railing Replacement (Project No. D -929). The City is the administering agency for the construction of this project.

Consultant to work closely with Public Works staff to ensure that the Project(s) are executed in a timely manner. Specifically, the City is soliciting proposals for inspection services for structural steel framing and decking, structural concrete including footings, stairs, reinforcement, and concrete forms, miscellaneous metals, railings and chainlink fencing, electrical, gas-connections, and source material inspections. In addition inspect ion of more typical right -of-way construction including, but not limited to, sidewalk, utility relocation/connection, driveways, non- signaled pedestrian crossing, curb and gutter, retaining wall, variable height curbs, landscape, irrigation, and signs. The projects are all in highly visible areas that range from street pedestrian improvement (sidewalk) projects to pier RFP No. E1274-22S -5- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

railing replacements. Responses to this RFP shall contain inspection fees itemized per Project with a Grand Total not-to-exceed Fee.

Each projects’ area, background, and description are described below.

Ceramic Studios Kiln Installation (Project No. D-937)
Project Area
Located in Live Oak Park behind the existing Ceramic Studios Building and Recreation Hall at 1901 N Valley Drive, Manhattan Beach, CA 90266. The project is inside Live Oak Park within close proximity to tennis, baseball, ceramic studios, and after school activities and residential housing. See Appendix E for Location Map.

Project Background
The City Parks and R ecreation Department owns and operates a Ceramic Studios and purchased an additional kiln to their existing 2 active kilns. This 3 rd new kiln will be utilized to enhance offerings of the Ceramic Studio programs and classes by the Parks and Recreation Department.

Project Description
The Project will install a new adjacent to existing kiln outside area of the Parks and Recreation Ceramic Studios building located in Live Oak Park. The project consists of constructing a new shading structure (includes new footings) with equipment pad for ceramics kiln with relevant electrical and gas hookups. There will be new lighting installed on the new steel shading structure and exterior of the existing building to be feed from an existing electrical panel. For security purposes new chain-link fencing with gates and associated hardware will be installed to enclose the perimeter of the ceramic studio outdoor kiln area. The project will also be replacing the concrete walkway leading to the kiln installation.

Aviation Blvd Sidewalk Gap (Project No. P-922)
Project Area
Located on the west side of Aviation Boulevard adjacent to Northrup Grumman property, starting at 33rd Street to approximately 600 feet north of 33rd Street across REI storefront. See Appendix E for Location Map.

Project Background
The Project is centered in a busy corridor of the City and the missing sidewalk on the west side of Aviation Boulevard poses a challenge for pedestrians attempting to access several nearby RFP No. E1274-22S -6- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

transits stops (pick -up and drop-off), major grocery stores, shopping, restaurants, fitness centers, and hotels. Pedestrians traveling Northbound have to cross at 33rd Street to east side of Aviation Boulevard to then cross the street again at Rosecrans Avenue to backtrack to the shopping center or if traveling Southbound to transit stops (on the west side of Aviation Boulevard) need to cross at Rosecrans Avenue to east side of Aviation Boulevard to then cross the street again at 33 rd Street. This is a concern as some may walk in the street along or opposed to oncoming traffic along east side of Aviation Boulevard, or they may cut through the parking lot of Northrup Grumman. This concern is amplified for seniors and individuals with disabilities who may be limited in their mobility.

In July 31, 2019, the City submitted a competitive grant application for FTA Section 5310 Program, Enhance Mobility of Seniors and Individuals with Disabilities for the Aviation Boulevard Missing Sidewalk Project. The grant application was successful. Design is near completion for the project and easement acquisition is in progress.

Note concept plans available at this time and no specifications; however specifications will be similar to Rowell Ave Sidewalk Gap Project with the exception of CMU wall and chainlink fence added.

Project Description
The Project will construct approximately 570 linear feet of 6.5 feet concrete sidewalk that includes multiple ADA compliant curb ramps, retaining wall, curb and gutter, shortening a turnout lane, and two commercial driveways. Removal of existing landscape including shrubs and trees and relocation of irrigation. Grading of man-made earthwork berm per plan to top of existing curb. Adjust utility covers to grade and protect in place as needed. Traffic control will be a major component of the daily work for the contractor as it is adjacent to a busy corridor
The Project is coordinating with the following outside entities: Property owner Northrop Grumman for their lands cape irrigation rerouting and security purposes of their adjacent building and parking lot. Southern California Gas Company for their Valve Automation Project that is placing vaults and cabinets onto the new sidewalk as shown on the plans (design and work by Southern California Gas). Southern California Edison for guywire relocation work (design and work by Edison).

Rowell Ave Sidewalk Gap (Project No. P-924)
Project Area
Located on Rowell Avenue between Curtis Avenue and 1st Street at the frontage of Manhattan Beach Unified School District Pennekamp Elementary School and across the way. See Appendix E for Location Map.

RFP No. E1274-22S -7- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

Project Background
The Project was developed based on the direct request for improvements from the Pennekamp Elementary S chool community and ongoing engagement overall for several years. In 2016, the school district, school administrators, Parent-Teacher Association (PTA), and other families identified concerns on Rowell Avenue. At the time, the City Traffic Engineer worked directly with the school community to identify potential improvements.

As currently, the sidewalks on the east side of Rowell Avenue stop just short of Pennekamp Elementary at 1st Street to the north and Curtis Avenue to the south. The Project was introduced to provide construction of this sidewalk gap.

Project Description
The Project will construct approximately 400 feet of 6.5 feet concrete sidewalk that includes multiple ADA compliant curb ramps, variable height curb, curb and gutter, crosswalk removal and restriping, sign removal and installation, parkway culvert, and commercial driveways.

Removal of existing landscape including shrubs and trees and relocation of irrigation. Adjust utility covers to grade and protect in place as needed. Traffic control will be a major component of the daily work for the contractor. In addition special instructions that work is to be completed during Manhattan Beach Unified School District 2023 Summer Break, starting no sooner than June 19, 2023 and ending no later than August 18, 2023.

The Project is coordinating with the following outside entities: Property owner Pennekamp Elementary School for their landscape irrigation rerouting and security purposes of their adjacent building and parking lot. City of Manhattan Beach P ublic Works Utilities for water meter vault installation. City of Manhattan Beach Public Works Facilities for tree removals.

Pier Railing Replacement (Project No. D-929)
Project Area
Located on the Pier and Pier adjacent parking lots at the end of Manhattan Beach Boulevard.

See Appendix E for Location Map.

Project Background
The historic Manhattan Beach Pier's iconic "sea foam" railings are getting a facelift.

The Manhattan Beach Pier is approximately 928-foot and stretches from the end of Manhattan Beach Boulevard over the Pacific Ocean. It was built in 1920, and in 1995, it was listed as a State Historical Landmarks the oldest concrete Pier on the West Coast. The Pier handrails are considered a contributing feature of the Pier’s historical association.

RFP No. E1274-22S -8- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

The scope of the project will involve the railing along the pier as well as partially along a segment of an existing bicycle trail and lower parking lot that perpendicularly bisect the Pier entrance. This replacement project will bring the r ailing up to current building code which addresses spacing between rails; repairing damaged and corroded portions; create segments rather than long continuous single -post painted steel pipes to make future repairs easier and cost efficient; as well as mino r repairs to concrete and concrete curbs on -and adjacent to the rails.

Project Description
The Project will be replacing the existing Pier railing system on the perimeter of the entire Pier deck, inclusive of the stairways adjacent to the Pier and the existing entrance security gates as well as railing sections along the lower Pier parking lots. To preserve the historic look of the Pier the replacement railing style has only minor modifications to meet current building codes including the Americans with Disabilities Act (ADA and accommodates maintenance considerations but keeps the round-shaped horizontal railings, posts, and color. The specified replacement material is polyvinylidene fluoride (PVDF, aka Kynar), colored coated aluminum tubing to reduce co rrosion. The Pier railings will be removable and have a segmented installation. In addition the Parking Lot handrails will be being replaced and miscellaneous concrete curb repairs.

The Project also includes the replacement of two existing wooden stairs that provide beach access from the street level to the beach at both sides of the Pier entrance. The replacement concrete stairs work includes new deep concrete footings on deed subgrade fill on the beach sand, attachment to existing Pier decking, and metal handrails.

The Project is coordinating with the following outside entities: Oceanographic Teaching Stations, Inc. (Aquarium Tenant), Los Angeles County Beach & Harbor (permit), Los Angeles County Fire Lifeguard, Los Angeles County Department Public Works (permit), State of California Department of Parks and Recreation, California Coastal Commission, Los Angeles regional Water Quality Control Board, and US Army Corps of Engineers.

Note Project Manager for this capital improvement project is City of Manhatt an Beach Principal Civil Engineer Gilbert Gamboa.

Project Special Condition
Special Event Remobilization - Special Events and City Classes During construction the City and/or community user groups will host annually scheduled special events in and around the Pier and adjacent parking lots. These special events typically take place on weekend dates with weekday setup on Thursday and/or Friday before the scheduled event date. The Contractor shall cooperate and accommodate the special event RFP No. E1274-22S -9- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

by n eatly and securely condensing the staging/laydown area prior to the event date or temporarily vacating the staging/laydown area, as required and directed by the Engineer.

The most pertinent, annually scheduled special events include, but are not limited to:
• April – Richstone Pier-to-Pier Walk (Friday-Sunday)
• May – Tour de Pier (Friday-Sunday)
• June/July – Various CBVA or AAU Volleyball Tournaments (Friday-Sunday) • July – Walk with Sally (Friday-Sunday)
• August – International Surf Festival (Including 6-Man Volleyball Tournament) • August – MB Open AVP Volleyball Tournament (2 week setup/teardown duration) • October – Pumpkin Race, Sketchers Friendship Walk (Friday-Sunday) • October – Manhattan Beach 10K Run (Friday-Sunday)
• November – Pier Lighting / Holiday Open House (2 week setup/teardown duration) • December – Holiday Fireworks (Friday-Sunday)
In addition, the City’s Department of Parks and Recreation and LA County register various seasonal sports and fitness classes conducted by contract vendors which utilize the Pier and adjacent beach areas for their classes. The Contractor shall cooperate an d accommodate any and all classes as reasonably possible in addition to the general public access.

Compensation for compliance shall be included in the line item for Special Event Remobilization.

Special note – the Pier Lighting special event will require a temporary cease of any installation work on the Pier railings due to temporary lighting, holiday tree and electrical wire connections and appurtenances affixed to the Pier railings. Compensation for compliance shall be included in the line item for Special Event Remobilization.

5. Scope of Services
The City seeks full -time construction inspection for the project, with the flexibility to perform part-time inspection if the construction only requires part-time inspection during the days with low-level construction activities on the following four upcoming capital improvement projects:

Ceramic Studios Kiln Installation (Project No. D-937), Aviation Blvd Sidewalk Gap (Project No.

P-922), Rowell Ave Sidewalk Gap (Project No. P-924), and Pier Railing Replacement (Project No. D-929). Inspection shall be performed daily and the inspector should be on-site on a full- time basis with the flexibility to be part-time as needed for the work days.

In general, the Consultant shall have the necessary experience and know-how of construction equipment, materials, methods, and workmanship for the specific work to be performed on the Project. The Consultant shall be able to understand and interpret Plans and Specifications and shall be familiar with the Greenbook (Standa rd Specifications for Public Works Construction), Manual on Uniform Traffic Control Devices (MUTCD), Caltrans Standard Specifications, City Standards, and OSHA Construction Safety Orders. The Consultant Inspector shall be able to interact professionally with contractors, engineers, property owners, RFP No. E1274-22S -10- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

business owners, and the public at large; coordinate with other City personnel; promote quality customer service; and respond promptly and courteously to requests. The Consultant Inspector shall be able to follow verbal and written instructions, communicate clearly and concisely, both orally and in writing.

Below are tasks to be performed. Consultant shall add subtasks as applicable for project beneath the Tasks listed.

Task 1- General Administration & Meetings (per Project) Office administrative duties in relation to Project(s). Office project manager attendance of meetings as needed (i.e. contractor, utility, agency, etc.) and miscellaneous needs of the Project(s).

Task 2 - Construction Observation/I nspection Services (per Project) Typical Consultant Inspection services shall include, but not be limited to:

1. Possession of:
a. a vehicle for travel related to the Project. Show proof of valid California driver’s license, and insurance.
b. a mobile phone for immediate contact by the City.
c. a digital camera to provide digital images of the Project to the City of Manhattan Beach in “jpg” format.

2. Working City of Manhattan Beach typical construction working hours Monday –Friday from 7:30 a.m. to 4:30 p.m. with a 1-hour lunch break.

3. Attending the weekly construction meetings.

4. Reviewing the Plans and Specifications thoroughly prior to the pre -construction meeting and throughout the Project.

5. Establishing effective communications with the Contractor, other agencies, utilities, business, and property owners.

6. Performing Project oversight for the monitoring of traffic control, the Project scope of work, damage to infrastructure, and replacement of infrastructure to City Standards.

During the course of inspection and monitoring of the work, if the Consultant observes an unsafe situation, they shall notify the Contractor of the violation and provide written notification of such infraction to the Contractor. If the Contractor refuses to comply, the Consultant shall notify the City and Cal/OSHA, as appropriate.

7. Ensuring compliance with the Specifications, and other requirements, such as, but not limited to, the Contract, Traffic Control, Cal/OSHA Standards, Contract Change Orders, Permits, Standard Plans, checking line, grade, size, elevation, and location of improvements.
a. Inspectors shall verify layout of work prior to the beginning of the permanent work, including prior to foundation being installed, concrete being poured, and wall being erected etc.

RFP No. E1274-22S -11- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

b. Consultant T shall ensure that the Project meets all provisions of the Storm Water Pollution Prevention Plan (SWPPP) including review and acceptance of Contractor’s submitted SWPPP.
c. Consultant shall assure that the Project meets all applicable regulations of the Air Quality Management District (AQMD) and State Water Resources Control Board (SWRCB).
d. Consultant shall review and ensure compliance with environmental requirements.

8. Keeping daily diaries (log), filling out Incident (accident) Reports, and taking pictures of the Project. Document all Contractor delays, reasons for delay, length of time for delay, and phases of work.
a. A daily Inspection Report identifying work done by the Contractor shall be submitted to the City’s Project Manager on the next business day for review and filing.
b. Progress photographs (digital) and log and label in specific logical electronic folders

9. Measuring and tabulating contract quantities. Reviewing the Contractor’s invoices, verifying completed work, and approving all quantities.

10. Monitoring extra work and providing supporting documentation on the personnel and equipment that is involved with any extra work performed by the Contractor.

Determining whether the work of the Contractor is being performed in accordance with the requirements of the contract docume nts, and endeavoring to guard the City against defects and deficiencies in such work.

11. Identifying and reporting on potential Contractor claims, and recommending resolution.

12. Preparing a list of items for correction (punch list) and preparing redlined as-built plans to ensure proper review of contractor record drawing markups. Coordinate with the City Project Manager for final inspection.

13. Preparing status report for Project close -out and all applicable documents as “closeout” file.

14. Performing other related duties as required
Add the following subtasks as needed per project:

Task 2.1 – Structural observations
CONSULTANT to provide a structure representative with experience in construction engineering and inspection of steel and concrete structures and licensed in the State of California as a Professional Engineer for the purpose of inspections and approval of materials for all structural features on the project.

The Consultant does not have the authority to allow deviations from the Contract Specifications.

RFP No. E1274-22S -12- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

Task 3 – Soils/Materials Testing Services (As Needed per Project)

3.1 Certified Laboratory for Soils/Material Testing Services CONSULANT shall provide a sub -consultant as a certified materials testing agency (MTA) to perform soils and materials sampling and testing services. Material tester shall be certified to perform soils and material sampling and testing services. The soils/materials testing sub - consultant shall refer to the Contract Specifications for testing sampling and testing guidelines.

The laboratory, whether temporary or permanent, is to be in the general vicinity of the project area and no more than 50 miles from the field office for the project.

The materials testing agency (MTA) shall have an Independent Assurance Progra m to verify that acceptance testing is being performed correctly with properly calibrated equipment in good working order.

All test results shall be reported to the Project Manager/Resident Engineer in the shortest time that the specific test will realistically allow.

Failure to comply with specified time limits for test results may result in payment penalties of up to 20% for the tests due to late notification of the results.

The CONSULTANT guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal -OSHA regulations and any other rule or regulation required by the City.

Prevailing Wages: All services performed under the agreement will be subject to payment of the applicable prevailing wage to the testing personnel performing the tests. The submittal of certified payroll records will be required as work is performed or when they are needed to verify that the Consultant is in compliance with the State/Federal Labor Codes. Certified payroll submittals will be to either the City or directly to the Department of Industrial Relations (DIR).

For any failed tests or inspections, retests or re -inspections will be required. Retests and re - inspections will be billed at the same rates as the original tests. Retests shall be marked on reports and invoices to help facilitate back charging to the contractor, if allowed by the project contract.

Soils and materials testing agency/consultant shall submit all applicable certifications for the laboratory and testing personnel that will be working on the project. All certifications must be kept current throughout the project duration. If certifications are updated while the project is underway, the updated certificate shall be submitted immediately.

RFP No. E1274-22S -13- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

It is the intent of the City to maintain a consistency of material testing quality throughout each phase of the project. CONSULTANT is therefore encouraged to provide, where ever and whenever possible, the same field personnel for the duration of construction of the project.

On days when work is not performed by the construction contractor, such as rainy or unsuitable weather days, the materials testing personnel will not provide services unless authorized.

Resumes of materials testing personnel must be submitted to the City for review and approval prior to assignment to the Project. If, at any time, the level of performance of any testing personnel is below expectations, the City may release that field person and request that another be assigned as needed.

Task 4 – Extra Services 10% of Task 1 thru 3 (per Project) CONSULTANT will provide additional inspection services for Project(s) if deemed necessary by the City throughout the project’s duration. For this task, CONSULTANT will prepare a Task Proposal for City’s approval in writing before any work is initiated. Each Task Proposal shall also contain an estimated cost for the task and a not-to-exceed amount which shall include all labor costs and expenses.

6. Personnel Qualifications
Consultant sha ll furnish full -time/part-time construction inspection services for this RFP, Construction Inspection personnel (including Sub-Consultants) shall include, but not limited to Consultant inspector, materials, and specialty inspection personnel and shall be r esponsible for all matters related to inspection activities under this contract. The number of Consultant personnel assigned to the project will vary throughout the duration of the contract. Consultant personnel will be assigned, in varying levels of responsibility, as needed by the Consultant to meet the project schedule, project requirements and to monitor construction activities.

The quantity and qualifications of field personnel to be assigned will be determined by the scope of the Project and the degree of difficulty of required tasks to be performed. All personnel and assignments are subject to approval by the City. Consultant personnel shall have adequate experience performing inspection services on projects of similar magnitude and scope. The Consultant personnel should have the following general qualifications:

15. At least three (3) years of experience inspecting and performing inspection on Projects of similar magnitude and scope;

16. Knowledge of street improvements (including ADA ramps), utility rel ocations, wall/structure footings, concrete, rebar, steel, concrete anchors, and miscellaneous metals (roof, railing, fencing, etc.) as applicable to each project

17. Ability to read and interpret plans and specifications;

18. Experience inspecting work in the public right-of-way; and RFP No. E1274-22S -14- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

19. Experience investigating and addressing complaints and inquiries from the public.

Resumes of personnel must be submitted to the City for review and approval prior to assignment to the Project. The City and Consultant will jointly determine the quality and quantity of services that are required by Consultant personnel. Personnel selected for assignment by Consultant shall be made available for personal interviews prior to acceptance by the City. If, in the opinion of the City, an individual lacks adequate experience, the individual may be rejected or may be accepted on a trial basis until such time the individual's ability to perform the required services has been demonstrated. If, at any time, the performance of Consultant personnel is unsatisfactory to the City, the City may release him/her by written notice and may request another qualified person be assigned.

If Consultant personnel are on leave of absence, the Consultant firm shall provide approved, equally qualified replacement personnel until the assigned personnel returns to the Project per acceptance of the City Project Manager.

7. Proposal Submittal Requirements
General Requirements
Proposers must submit the proposal for the Project through PlanetBids on the website provided in Section 1, Instructions to Proposers. Only proposals submitted through PlanetBids will be accepted. The proposal cover letter, etc. should be made to the attention of the Project Manager by name. Electronic files must be in searchable PDF format as a single document (optimized and compressed) for each deliverable described below. A printed copy or emailed PDF will not be accepted in- lieu of the requirement to submit via PlanetBids. Failure to comply with these instructions may render the proposal non-responsive.

Consultants are advised to consider whether services to be performed include classifications subject to state prevailing wage requirements. Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing, inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the Department of Industrial Relations website. Labor categories subject to prevailing wage requirements, when employed for any work on this project, are wholly the responsibility of the Consultant firm or individual named in any Professional Services Agreement approved by the City. The City will not assume any responsibility for Consultant’s failure to pay prevailing wages in accordance with State laws.

Proposal Requirements
The Consultant’s Proposal must be divided into two (2) parts as described below and shall be no more than twenty-six (26) pages, single-sided letter format size, with 12pt font narrative RFP No. E1274-22S -15- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

and 1-inch margins. The following are excluded from the page count: front and back cover of the proposal, a cover letter of up to two (2) pages, table of contents, resumes, dividers, matrix or chart, schedule, certificates, and fee schedule. Use of tabloid format size fold-out sheets for large matrix or charts and schedules is permissible.

Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the RFP may not be given further consideration. The Consultant’s Proposal shall include, at a minimum, the following information listed below in the same order as requested.

Part 1: Information that will be part of the contractual documents Part 1 of the proposal shall contain the following sections (note the proposal should itemize relevant sections per Project):

A. Understanding Scope of Services – Please describe in detail your understanding of the scope of services to be performed including a description of the proposed work, construction inspection approach, key challenges, and techniques to complete the scope of work for the Project in terms of communication, coordination, meetings, work assignments, document management, work execution, and quality assurance/control. The work plan should elaborate on the execution of each scope of work, ident ifying and approach to key challenges, deliverables and quality assurance/control.

B. Resource (Manning) Allocation Matrix – Please submit a detailed resource (manning) allocation matrix of Consultant staff (job title only) and Sub - Consultant hours, itemized per Project, based on the major phases/sequencing of construction for the anticipated Project(s) schedule. The applicable field investigative services must list the anticipated type and number or frequency of tests, and hours being proposed. The resource allocation matrix must be submitted with the proposal and shall correlate with the overall organizational staffing plan for manning the Project. Failure to do so will result in the Consultant’s Proposal being deemed incomplete and it will not receive further consideration. If one (1) or more of the Consultant’s staff should become unavailable, the Consultant may substitute other staff of at least equal competence only after prior written approval by the City. The Consultant acknowledges and understands that the Consultant will not be allowed to change the Sub-Consultant without written permission from the City.

C. Fee Schedule and Rate Sheet – Submit fees to accomplish the inspection services for the Project(s) in a Not -to-Exceed Fee, itemized per Project, which must include conservatively estimated reimbursable expenses to complete the inspection services for the Project as described in the Scope of Services. The fee RFP No. E1274-22S -16- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

schedule must be consistent with the Resource Allocation (Manning) Matrix to provide a breakdown of approximate personnel -hours by classification (job title and hourly rate) in order to accomplish the construction management and inspection services for the Project as described in the Scope of Services. The assigned Consultant personnel’s specific hourly rate must be clearly identified.

Meetings, either on -site or by telephone, shall be included as work within the Scope of Services. Time to accomplish each task shall be expressed in calendar days. The City WILL NOT favorably consider any proposal that requires more than a 4 -hour minimum charge if called out for an inspection. Include a fee schedule for reimbursement items on an as -needed basis and separate cost estimates for each task. The successful, selected Consultant’s monthly inv oices must reflect similar information in order to be processed. i See Appendix F for Sample Schedule Format
D. Consultant Expenses –
Reimbursable Items:
• Direct Expenses – Proposals may include a list of itemized unit costs of billable expenses typically incurred in the performance of the contract.

Items which have not been specified, shall be approved by the City prior to providing and billing the expense.

Non-Reimbursable Items:
• Entertainment/Personal Services – Under no circumstances are expenses related to entertainment (i.e., theater tickets, sporting events, etc.) or personal services (i.e., dry cleaning, haircuts, etc.) reimbursable. • Hotel, Meals and Airfare – The City will not reimburse for lodging, meals, mileage or transportation for the contractor or its agents. This includes no reimbursement for travel time to and from the City.
• Incidental Expenses – There will be no reimbursements for deliveries/transmittals, telephone expenses or equipment rental/purchases.
• Printing and Photocopies – All printing and photocopying costs shall be included in the not to exceed fees.
• Proposal Preparation Costs – The City will not reimburse the contractor for any costs associated with the preparation of a proposal.

Part 2: Pertinent statements and miscellaneous information Part 2 of the proposal shall contain the following sections (note the proposal should itemize relevant sections per Project):

A. Statement of Qualifications – Detail the experience of the Consultant firm in conducting work of comparable scope and nature, and qualifications of key personnel of the primary firm and any Sub-Consultants who will participate in RFP No. E1274-22S -17- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

the Project. Please provide precise information regarding qualifications and experience of the proposed Construction Inspector(s) that will be available during the Project duration. The statement of qualifications shall include the names, qualifications and proposed duties of the Consultant’s staff to be assigned to the Project; a listing of similar projects recently completed including the client/agency name, as well as the name, title, telephone, and e -mail address of the contact person most familiar with the similar work. These references will be checked and may affect the award of the contract. City of Manhattan Beach projects or staff will not be accepted as references. The City of Manhattan Beach reserves the right to contact any of the organizations or individuals listed or any others that may stem from the inquiry. The qualifications and experience of the proposed construction manager and inspectors will be the primary selection criteria. Field construction manager and inspectors that have the knowledge, experience, and ability to manage, control and troubleshoot water reservoir, booster pump station, and water treatment construction activities are preferred and should be highlighted in the proposal.

B. Contract Exceptions – Please provide any proposed exceptions, additions, and/or deletions to the City’s Request for Proposal. The City WILL NOT accept any proposed requested changes to the City’s Professional Services Agreement including the ability to meet the stipulated insurance requirements and other contractual terms therein. Please submit a proposal only if there is a clear understanding that the Consultant can execute the City’s Professional Services Agreement without any changes. By submitting a proposal, the Proposer represents they have an understanding of and will comply with the provisions and requirements of the RFP and any addenda.

C. Sample Work Products – Please provide el ectronic copy of one (1) sample inspection control document for each of the following including, but not limited to; weekly statement of working days, Consultant Inspector daily report, monthly construction progress report, and punch list that were recently completed with the same proposed Consultant Inspector. The required sample work products must be submitted through PlanetBids on the website provided in Section 1, Instructions to Proposers. Electronic copy must be in searchable PDF format as a single document (optimized and compressed).

Checklist for Proposers
The following information is required of all Proposers at the time of submission onto PlanetBids:

1. Proposal
Part 1A – Understanding Scope of Services
Part 1B – Resource Allocation Matrix
RFP No. E1274-22S -18- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

Part 2A – Statement of Qualifications
Part 2B – Contract Exceptions

The naming convention for the file is, “E1274-22S, Company Name”.

2. Cost File
Part 1C – Fee Schedule and Rate Sheet (Itemized per Project and Grand Total Shown) Part 1D – Consultant Expenses

The naming convention for the file is, “E1274-22S, Company Name, Cost File” and shall be included as a separate PDF file attachment.

3. Sample Work Products
The naming convention for the file is; “E1274-22S, Company Name, Sample Work Products” and shall be included as a separate PDF file attachment.

4. Appendix B - Non-Collusion Affidavit

5. Appendix C - Consultant's Acknowledgement of Insurance Compliance

6. Appendix D - Appendix D Certificate of Proposal

Failure of the Proposer to provide all required information in a complete and accurate manner may cause the Proposal to be considered non-responsive.

8. Evaluation Process
Selection of the Consultant for interview (if interviews are held) with the City will be based on the contents of the written proposal. The proposal may be evaluated and ranked by a committee of selected City staff. The proposals will be rated according to, but not limited to, or in order of importance, the following selection criteria:
• Demonstrated understanding of the requested scope of services and overall successful project delivery (15 points).
• Consultant’s proposed personnel’s experience with comparable work (20 points). • Construction management methods (approach to key challenges, efficient utilization of staff resources, etc.) and quality control (15 points). • Staffing qualifications and experience (demonstrated technical ability) of key personnel and Sub-Consultants (30 points).
• Consultant’s familiarity with local (sensitivity) conditions (10 points). • Reference checks and/or interview presentation (10 points).

RFP No. E1274-22S -19- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

Upon completion of the Proposer evaluation process, a short list will be established and the City will enter into negotiation with the top ranked Consultant for the desired professional services. Compensation for the subject services will be negotiated based on what is fair and reasonable to the City. Should City staff and the top-ranked Consultant be unable to reach an agreement, negotiations with that Consultant will be terminated and negotia tions will commence with the next ranked Consultant in order of their evaluation ranking until an agreement is reached and a Consultant is selected.

9. Award of Contract and Contract Period
Following evaluation and rating by the proposal review committee, the Department of Public Works will recommend award of contract to the most qualified proposer providing the best value to the City. The term of the contract will begin after contract award, all required supplemental contract paperwork, insurance documents, e tc. have been received and approved, and the Agreement is fully executed. The earliest possible date for City Council Award is March 7, 2023.

The City anticipates the project will commence upon contract award and execution. The following is anticipated construction start and working days per capital improvement project.

Capital Improvement Project (Project No.) Anticipated
Construction Start
Anticipated
Working Days
(excludes Holidays)
Ceramic Studios Kiln Installation (D-937) September 2023 40 Aviation Blvd Sidewalk Gap (P-922) November 2023 80
Rowell Ave Sidewalk Gap (P-924) June 2023 44
Pier Railing Replacement (D-929) July 2023 80

10. Payment to Consultant
Once the contract is awarded, the City will pay the Consultant for work completed consistent with the Fee Schedule and the following requirements:
a. Progress payments shall be based on tasks performed as identified in the Fee Schedule. Monthly invoices will specifically identify job title, person- hours, hourly rate and costs incurred by each task. Sub-categorization of task is permitted to better define the task for payment.
b. All tasks including labor and reimbursable costs shall have supporting documentation presented at the time payment is requested.

RFP No. E1274-22S -20- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

c. The City will pay the Consultant for all acceptable services rendered in accordance with the terms of the attached “Professional Services Agreement” which is included with this RFP in Appendix A. City will only accept invoices from the Consultant for work that has been reviewed and approved by City staff.
d. When the Consultant is performing, or is requested to perform, work beyond the scope of service in the “Professional Services Agreement”, an “Amendment to the Agreement” will be executed between the City and Consultant.
e. The Consultant is required to monitor and track the overall Project expenditures and report to the City on a monthly basis.

11. General Conditions
ADDENDUMS. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will endeavor to notify the known holders of this RFP. The addendums will be posted on the City website for any interested parties to review. Proposal should include a notation that the Proposer is aware of all of the addendums which have been issued and has incorporated their provisions in their proposal. Proposers responsible for insuring that they have obtained all addenda.

ADDITIONAL INFORMATION. The City reserves the right, to request additional information or clarifications from Proposers where it may serve the City’s best interest.

ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished.

Upon final selection of the Consultant, the Scope of Work may be modified and refined during negotiations with the City.

AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the proposal, the name and post office address of the Consultant or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office addre ss of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected Proposer, if any. Award may be made to the Proposer offering the most advantageous RFP No. E1274-22S -21- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

proposal after consideration of all Evaluation Criteria and the City may accept other than the lowest priced proposal.

BUSINESS LICENSE. The successful Consultant will not be required to procure a City of Manhattan Beach Business License prior to commencing work unless the Consultant is also doing work for other companies in Manhattan Beach. Call Business Licensing at (310) 802 - 5558 for rate information or to apply for a license.

COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.

CANCELLATION OF SOLICITATION. The City may cancel this solicitation at any time.

CONFLICT OF INTEREST. By signing the Certificate of Proposal (Appendix D), the Proposer declares and warrants that no elected or appointed off icial, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposals, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

COSTS. The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the proposals, or any other such expenses incurred by the Proposer in responding to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

DEFAULT. Refer to Section 14 of the attached Professional Services Agreement, which is included in this RFP as Appendix A.

DEFINITIONS. The following meanings are attached to the following defined words when used in these RFP documents: The word “City” means the City of Manhattan Beach, California. The word “Proposer”, “Respondent”, or “Consultant” means t he person, firm, or corporation submitting a proposal on these RFP documents or any part thereof.

DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, Consultant, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, RFP No. E1274-22S -22- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

the City may refuse to consider Proposals from participants in such collusion. Proposers shall submit as part of their Proposal documents the completed Non-Collusion Affidavit (Appendix B).

DOCUMENTS, EXAMINATION OF. It is the responsibility of the Proposer to car efully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any). Proposer shall satisfy him/herself as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by these documents. The failure or neglect of the Proposer to examine documents shall in no way relieve him/herself from any obligations with respect to the solicitation and/or subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a Proposer to receive or examine any of the documents shall in no way relieve him from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

ERRORS/OMISSIONS. The Proposer shall not be allowed to take advantage of any errors and/or omissions in these RFP documents or in the proposal submitted. Full instructions will be given if such errors/omissions are discovered, and Proposer agrees to abide by said instructions.

FORCE MAJEURE. Refer to Section 13 of the attached Professional Services Agreement, which is included in this RFP as Appendix A.

INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any respondent is in doubt as to the true meaning of any part of the RFP documents, or finds discrepancies or omissions, respondent may submit to the City a written request for an interpretation or correction.

Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City.

The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each Proposer to ensure the City has their correct business name, mailing address and e-mail address on file. Any prospective Proposer who obtained a set of RFP documents is responsible for advising the City that they have a set of RFP documents and wish to receive subsequent Addenda.

RFP No. E1274-22S -23- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

IRREGULARITIES. City reserves the right to waive non-material irregularities or informalities if such would be in the best interest of the City as determined by the City Manager.

NON-DISCRIMINATION. Proposer represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition.

NON-EXCLUSIVE. Should the City make an award, the successful Proposer will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other Consultants.

OFFERS OF MORE THAN ONE PRICE. Proposers are NOT allowed to submit more than one proposal.

OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission.

NO OBLIGATION. The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

PATENT RIGHTS. The Proposer agrees to save, keep, bear harmless, and fully indemnify the City, its officers, or agents, from all damages, costs, or expenses in law or equity that may at any time arise or be set up for any infringement of the patent rights or any person or persons in consequence of the use by the City, or any of their officers and agents, or articles supplies under any resulting contract, and of which the vendor is not the patentee or assignee, or which the proposer is not lawfully entitled to sell.

PROPOSAL, REJECTION OF. The City reserves the right to reject any or all proposals or any part of a proposal. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.

PROPRIETARY INFORMATION. All proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refu se to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each Proposer to clearly identify any and all information contained within their proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be RFP No. E1274-22S -24- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

considered public. In the event that a demand for disclosure of information designated as "confidential and/or proprietary" by a Proposer is made, the City will notify the Proposer in writing of such demand and shall furnish a copy of the City's written response to the requestor.

Proposer may then pursue, at its sole cost and expense, any and all appropriate legal action necessary to maintain the confidentiality of such information.

NO PUBLIC PROPOSAL OPENING/PUBLIC RECORDS ACT. Proposals shall be opened and their contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing Proposers. Adequate precautions shall be taken to treat each Proposer fairly and to insure that information gleaned from competing proposals is not disclosed to o ther Proposers. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority.

REPRESENTATIONS. Proposer understands and acknowledges that the representations made in their s ubmitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

RESERVATIONS, ADDITIONAL. The City reserves the right to:
• Act as sole judges of the relative merits of the material mentioned in the proposals received.
• Issue a subsequent Request for Proposal or Addendums. • Establish a short list of respondents eligible for interview after review of written proposals.
• Negotiate with any, all, or none of the respondents.
• Solicit best and final offers from all or some of the respondents. • Award a contract to one or more respondents.
• Award more than one contract for each of the items.

RFP PART OF AGREEMENT. Should an agreement be awarded, this Request for Proposal and Scope of Services and all conditions may become part of the agreement between the City of Manhattan Beach and the successful Proposer.

SEVERABILITY. If any provisions or portion of any provision, of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from the Request for Proposals and the remaining provisions shall be valid and enforceable.

SUBCONTRACTOR INFORMATION. If the proposal includes the use of subcontractors, Proposer must identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor would perform services. If a subcontract for work services to be performed exceeds $25,000 the subcontract must contain all required provisions of the prime contract.

RFP No. E1274-22S -25- Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

SUBCONTRACTOR REFERENCES. For all subcontractors that will be used for providing services as part of the RFP, Proposers must provide a minimum of two references from similar projects performed for any local government clients within the last three years. Information provided shall include:
• Client name
• Project description
• Dates (starting and ending)
• Technical expertise
• Staff assigned to reference engagement that will be designated for work per this RFP • Client project manager's name and telephone number
VALIDITY. Proposal must be valid for a period of 120 days from the due date.

WITHDRAWAL OF PROPOSAL. Proposers’ authorized representative may withdraw Proposals only by written request received by City Engineer before the Proposal Submittal Deadline.

12. Insurance Requirements
Refer to Section 9 of the attached Professional Services Agreement, which is included in this RFP as Appendix A. Proposers shall submit as part of their Proposal documents the completed Consultant’s Acknowledgement of Insurance Compliance, which is included in this RFP as Appendix C.

ATTACHMENTS:
1) Appendix A: Sample Professional Inspection Services Agreement 2) Appendix B: Non-Collusion Affidavit
3) Appendix C: Consultant’s Acknowledgement of Insurance Compliance 4) Appendix D: Certification of Proposal
5) Appendix E: Location Map
6) Appendix F: Sample Fee Schedule
7) Appendix G: Rowell Ave Sidewalk Gap (P-924) – Bid Set Plans and Specifications
8) Appendix H: Aviation Ave Sidewalk Gap (P-922) – Concept Plans 9) Appendix I: Ceramic Studios Kiln Installation (D-937) – Final Plans (Not Permitted) and Draft Technical Specifications
10) Appendix J: Pier Railing Replacement (D-929) – Bid Set Plans and Specifications PlanetBids, Inc.

City of Manhattan Beach
Professional Construction Inspection Services for Various Capital Improvement Projects (E1274-22S), bidding on 02/07/2023 11:00 AM (PST)

Printed 02/07/2023

PlanetBids, Inc.

City of Manhattan Beach
Professional Construction Inspection Services for Various Capital Improvement Projects (E1274-22S), bidding on 02/07/2023 11:00 AM (PST)

Printed 02/07/2023

Addendum No. 1 Page 1 of 3 Bid #E1274-22S

CITY OF MANHATTAN BEACH PUBLIC WORKS

ENGINEERING DIVISION
3621 Bell Avenue, Manhattan Beach, CA 90266

WEBSITE: www.citymb.info PHONE: (310) 802-5353 FAX: (310) 802-5351 TDD: (310) 546-3501

CITY OF MANHATTAN BEACH
ADDENDUM NO. 1

PROFESSIONAL INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS (D- 937, P-922, P-924, & D-929)
This Addendum shall take precedence over any conflicting information contained in Request for Proposal for the Professional Inspection Services for Various Capital Improvement Projects (D-937, P- 922, P-924, & D-929) for Bid No. E1274-22S. Proposers shall incorporate the information contained in this Addendum in their proposals, conform to all of the instructions contained herein in the preparation of a proposal, and shall sign and submit this Addendum as a portion of the Consultant’s Proposal as an indication of understanding and compliance with this Addendum.

Please note the following revisions to the Request for Proposals documents.

1. Optional Pre- proposal Meeting
Attached for reference is Pre-Proposal Meeting presentation (Addendum Attachment No. 1).

List of Attendees.

Marzena Laskowska City of Manhattan Beach (310) 802-5325 [email protected] Omar Chamma AESCO (714) 375-3830 [email protected] Natasha Nehrbass AESCO (714) 375-3830 [email protected] Aziz Trabolci AESCO (714) 365-8340 [email protected] Rania Ghidaoui AESCO (714) 375-3830 [email protected] Steven Koch MTGL Testing Labs (714) 632-2999 [email protected] Ahmad Ansari Transtech Engineers (949) 702-5612 [email protected] Muhammad Ataya Onward Engineering (714) 533-3050 [email protected]

2. PlanetBids & Optional Pre- bid Meeting Questions/Clarifications A. Clarification: Correction to Project Numbers referred to in the RFP: Aviation Blvd Sidewalk Gap Project No. P-924 and Rowell Avenue Sidewalk Gap Project No. P-922.

B. Addition to Section 4 Rowell Ave Sidewalk Gap Description: See project bid documents for additive bid item to contractor in regards to encountering potentially asbestos laden pavement fabric during demolition of asphalt driveway. Fabric was

Addendum No. 1 Page 2 of 3 Bid #E1274-22S
encountered during geotech borings but when a limited asbestos assessment was conducted the findings showed negative for asbestos.

C. Addition to Section 5: Consultant is encouraged to add tasks that would be beneficial to the projects that are not inclusive to Task 1 thru 4. To add a task just make it separate task from the listed tasks in RFP and note it as ‘optional additional task’ for consideration.

D. Question: Can the design detail be provided for the CMU wall? This may require soil and materials inspection.
i. Response: At this time the full de tail and limits of the CMU wall has not been established. The City continues to work with Southern California Gas for their vault/cabinets placement near Station 1139+05.84 (not shown on concept drawings). However, for purposes of this proposal utilize 202 1 Greenbook Standard Plan 621 -3 Reinforced Concrete Block Wall and Chain Link Fence Combination assuming CMU height varies from 3 feet (STA 1139+40) to 4.5 feet (STA 1138+05.84).

E. Question: Please define if you are requesting copies of their licenses, the link to the site with their qualifications, or definition on the resume. To include each license the page limit would be extensive.
i. Response: Provide license/certificate type with number and expiration (if applicable) in resume is okay. You may provide a c opy of the certificate/license/active status in an Appendix that will NOT added to the page count.

F. Question: Is the CMU wall requiring continuous inspection and testing? i. Response: For proposal assume yes.

G. Question: Is the shop welding inspection required for the railing and is it known where it will be fabricated?
i. Response: The shop welding special inspection is not required. However, the consultant shall plan for up to 2 shop visits to monitor fabrication progress.

Fabrication will be performed by Craneveyor Corp., 13730 Central Ave, Chino, CA.

H. Question: Can we select some of these projects to go for or do we need to go for all 4? i. Response: The City’s preference is that proposers submit for all 4 projects listed in the RFP. If teaming up with another consultant is necessary to propose on all 4 projects that is acceptable. For example proposals where Project X and Y are done by the main consultant and their subconsultants does Project Z and T are acceptable. Stating this proposers may submit for less than the 4 total projects but the proposal needs to be for a whole project not partial of a project.

This Addendum is approved by:

\ I0-6 ]0--D'L-'?
DATE

A SIGNED COPY OF THIS ADDENDUM MUST BE ATTACHED TO THE BID.

I hereby acknowledge that the information contained in this addendum has been included in the bid submitted for this project.

COMPANY NAME SIGNATURE DATE

Addendum No. l Page 3 of 3 Bid #El274-22S

NGINEER
Ardurra Group, Inc.
2/7/2023
-1-
Approved for Use 3/01/2021 2174192v6 City of MB Form

INSPECTION SERVICES AGREEMENT

This Inspection Services Agreement (“Agreement”) is between the City of Manhattan Beach, a California municipal corporation (“City”) and Ardurra Croup, Inc., a Florida corporation (“Consultant”). The date this Agreement is executed by the City Manager shall be the date this Agreement is effective (“Effective Date”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.

RECITALS

A. City issued Request for Proposals No. E1274 -22S on January 11, 2023, titled “Professional Inspection Services for Various Capital Improvement Projects (D- 937, P- 922, P-924, and D-929)”. Consultant submitted a proposal dated February 7, 2023 in response to the RFP.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

1. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”) for professional construction inspection services, attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives . For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Ag reement, the Consultant Representative shall be Omar Alameddine, Contract Manager (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

C. Time for Performance . Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence. -2-
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D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

G. Permits and Licenses . Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.

H. Prevailing Wages. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works”, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C hereto.

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.

3. Compensation.

A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $592,856.00 (the “Maximum Compensation”) for such Services.

B. Expenses. City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit B.

C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, or reimburse for any expenses not set forth in Exhibit B, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services or expenses in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B , or, if not specified, at a rate mutually agreed to by the Parties. Any additional expense authorized by the City Council or (where -3-
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authorized) the City Manager shall be reimbursed in the amounts authorized by the City Council or City Manager. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Invoices must be submitted to Marzena Laskowska, Senior Civil Engineer, at [email protected]. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.

5. Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, discussion, or other information (collectively “Data and Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information -4-
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concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

C. All Data and Documents required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original Data and Documents, including computer files containing data generated for the Services, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.

7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq. ) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

8. Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnities.
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1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (col lectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Li abilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees.

Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).

3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful -6-
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misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting . Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting . City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. No Design Services . Contractor acknowledges that the Services to be provided pursuant to this Agreement do not require the services of a “design professional,” as the term is defined in California Civil Code Section 2782.8(c), and that therefore the provisions of California Civil Code Section 2782.8 do not apply to this Agreement.

E. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

9. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

2) Automobile Liability Insurance for any owned, non- owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non- owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non- owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. -7-
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3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees.

4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self- insurance shall not be considered to comply with the insurance requirements under this Section.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City, and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self -insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

F. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
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H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance . Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City.

Consultant shall maintain current endorsements on file with City’s Risk Manager.

Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.

K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

L. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

10. Mutual Cooperation.

A. City’s Cooperation . City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

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information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

14. Default.

A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default.

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which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s reg ular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

TO CITY: TO CONSULTANT:

City of Manhattan Beach Ardurra Group, Inc.

Public Works Department Attn: Omar Alameddine
Attn: Marzena Laskowska 1960 E. Grand Street, Suite 300 1400 Highland Avenue El Segundo, CA 90245
Manhattan Beach, California 90266

COPY TO CITY ATTORNEY:

City of Manhattan Beach
Attn: City Attorney
1400 Highland Avenue
Manhattan Beach, CA 90266

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital stat us, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” -11-
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means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
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23. Exhibits. Exhibits A, B, and C constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.

24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

28. Business Days. “Business days” means days Manhattan Beach City Hall is open for business.

29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Manhattan Beach.

30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
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31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be af fected and continue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.

33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.

[SIGNATURE PAGE FOLLOWS]
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Bruce Moe
Title: City Manag er
ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
APPRO
VED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City At torney

APPROVED AS TO FISCAL IMPACT:

By:

Name: Steve S. Charelian
Title: Finance Director
APPRO
VED AS TO CONTENT:

By:

Name: Erick Lee
Title: Public Wor ks Director
Consultant:

Ardurra Group, Inc.,
a Florida corporation

By:

Name: Lisa M. Penna, P.E.

Title: Vice President

By:

Name: Carmen Kasner, P.E.

Title: Vice Pr esident

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EXHIBIT A

SCOPE OF SERVICES

Ardurra and its sub- consultants, Ninyo & Moore and Advanced Service Industries, understand and accept the following tasks as described in the RFP.

Task 1 – General Administration & Meetings (per Project) Office administrative duties in relation to Project(s). Office project manager attendance of meetings as needed (i.e., contractor, utility, agency, etc.) and miscellaneous needs of the Project(s).

Task 2 – Construction Observation/Inspection Services (per Project) Typical Consultant Inspection services shall include, but not be limited to:

1. Possession of:
a. Vehicle for travel related to the Project. Show proof of valid California driver’s license, and insurance.
b. Mobile phone for immediate contact by the City.
c. Digital camera to provide digital images of the Project to the City of Manhattan Beach in “jpg” format.

2. Working City of Manhattan Beach typical construction working hours are Monday – Friday from 7:30 a.m. to 4:30 p.m. with a 1-hour lunch break.

3. Attending the weekly construction meetings.

4. Reviewing the Plans and Specifications prior to the pre- construction meeting and throughout the Project.

5. Establishing effective communications with the Contractor, other agencies, utilities, businesses, and property owners.

6. Performing Project oversight for the monitoring of traffic control, the Project scope of work, damage to infrastructure, and replacement of infrastructure to City Standards.

During the course of inspection and monitoring of the work, if the Consultant observes an unsafe situation, they shall notify the Contractor of the violation and provide written notification of such infraction to the Contractor. If the Contractor refuses to comply, the Consultant shall notify the City and Cal/OSHA, as appropriate.

7. Ensuring compliance with the Specifications, and other requirements, such as, but not limited to, the Contract, Traffic Control, Cal/OSHA Standards, Contract Change Orders, Permits, Standard Plans, checking line, grade, size, elevation, and location of improvements.
a. Inspectors shall verify the layout of the work prior to the beginning of the permanent work, including prior to the foundation being installed, concrete being poured, and wall being erected, etc.

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b. Consultant T shall ensure that the Project meets all provisions of the Storm Water Pollution Prevention Plan (SWPPP) including review and acceptance of Contractor’s submitted SWPPP.
c. Consultant shall assure that the Project meets all applicable regulations of the Air Quality Management District (AQMD) and State Water Resources Control Board (SWRCB).
d. Consultant shall review and ensure compliance with environmental requirements.

8. Keeping daily diaries (log), filling out Incident (accident) Reports, and taking pictures of the Project. Document all Contractor delays, reasons for the delay, length of time for delay, and phases of work.
a. A daily Inspection Report identifying work done by the Contractor shall be submitted to the City ’s Project Manager on the next business day for review and filing.
b. Progress photographs (digital) and log and label in specific logical electronic folders

9. Measuring and tabulating contract quantities. Reviewing the Contractor ’s invoices, verifying completed work, and approving all quantities.

10. Monitoring extra work and providing supporting documentation on the personnel and equipment that is involved with any extra work performed by the Contractor.

Determining whether the work of the Contractor is being performed in accordance with the requirements of the contract documents, and endeavoring to guard the City against defects and deficiencies in such work.

11. Identifying and reporting on potential Contractor claims, and recommending resolution.

12. Preparing a list of items for correction (punch list) and preparing redlined as-built plans to ensure proper review of contractor record drawing markups. Coordinate with the City Project Manager for final inspection.

13. Preparing status report for Project close-out and all applicable documents as “closeout ” file.

14. Performing other related duties as required

Add the following subtasks as needed per project:

Task 2.1 – Structural Observations
Consultant to provide a structure representative with experience in construction engineering and inspection of steel and concrete structures and licensed in the State of California as a Professional Engineer for the purpose of inspections and approval of materials for all structural features on the project.

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The Consultant does not have the authority to allow deviations from the Contract Specifications.

Task 3 – Soils/Materials Testing Services (As Needed per Project)

3.1 Certified Laboratory for Soils/Material Testing Services

Consultant shall provide a sub- consultant as a certified materials testing agency (MTA) to perform soils and materials sampling and testing services. Material tester shall be certified to perform soils and material sampling and testing services. The soils/materials testing sub-consultant shall refer to the Contract Specifications for testing sampling and testing guidelines.

The laboratory, whether temporary or permanent, is to be in the general vicinity of the project area and no more than 50 miles from the field office for the project.

The materials testing agency (MTA) shall have an Independent Assurance Program to verify that acceptance testing is being performed correctly with properly calibrated equipment in good working order.

All test results shall be reported to the Project Manager/Resident Engineer in the shortest time that the specific test will realistically allow.

Failure to comply with specified time limits for test results may result in payment penalties of up to 20% for the tests due to late notification of the results.

The consultant guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City.

Prevailing Wages: All services performed under the agreement will be subject to payment of the applicable prevailing wage to the testing personnel performing the tests. The submittal of certified payroll records will be required as work is performed or when they are needed to verify that the Consultant is in compliance with the State/Federal Labor Codes. Certified payroll submittals will be to either the City or directly to the Department of Industrial Relations (DIR).

For any failed tests or inspections, retests or re-inspections will be required. Retests and re- inspections will be billed at the same rates as the original tests. Retests shall be marked on reports and invoices to help facilitate back charging to the contractor, if allowed by the project contract.

Soils and materials testing agency/consultant shall submit all applicable certifications for the laboratory and testing personnel that will be working on the project. All certifications A-4
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must be kept current throughout the project duration. If certifications are updated while the project is underway, the updated certificate shall be submitted immediately.

It is the intent of the City to maintain a consistency of material testing quality throughout each phase of the project. Consultant is there fore encouraged to provide, wherever and whenever possible, the same field personnel for the duration of construction of the project.

On days when work is not performed by the construction contractor, such as rainy or unsuitable weather days, the materials testing personnel will not provide services unless authorized.

Resumes of materials testing personnel must be submitted to the City for review and approval prior to assignment to the Project. If, at any time, the level of performance of any testing personnel is below expectations, the City may release that field person and request that another be assigned as needed.

Task 4 – Extra Services 10% of Task 1 thru 3 (per Project) Consultant will provide additional inspection services for Project(s) if deemed necessary by the City throughout the project’s duration. For this task, consultant will prepare a Task Proposal for City ’s approval in writing before any work is initiated. Each Task Proposal shall also contain an estimated cost for the task and a not-to-exceed amount, which shall include all labor costs and expenses.

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EXHIBIT B

APPROVED FEE SCHEDULE

Fee Schedule and Rate Sheet

Professional and special inspection services are inherently subject to the contractor’s schedule, sequencing, and quality of work. Below is a fee estimate per project, as well as a grand total for all four projects.

Task 4 - 10% Extra Services $ 9,672.00
Project No. D-937 Grand Total Estimated Fee $ 106,392.00

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Task 4 - 10% Extra Services $ 19,086.00
Project No. P-924 Grand Total Estimated Fee $ 209,946.00

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Task 4 - 10% Extra Services $ 9,480.00
Project No. P-922 Grand Total Estimated Fee $ 99,528.00

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Task 4 - 10% Extra Services $ 16,090.00
Project No. P-922 Grand Total Estimated Fee $ 176,990.00

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Project Estimated Total Fee
Ceramics Studios Kiln Installation (Project No. D-937) $ 106,392.00 Aviation Blvd Sidewalk (Project No. P-924) $ 209,946.00 Rowell Ave Sidewalk (Project No. P-922) $ 99,528.00
Pier Railing Replacement (Project No. D-929) $ 176,990.00 Grand Total Estimated Fee $ 592,856.00

Notes / Assumptions:

1. The above hourly rates include wages, fringe and general and administrative overhead and fee, as well as typical supplies, tools and equipment required to perform services.

Construction management software is not included in the base rate.

2. Rate applies to the first four hours of overtime during the week and /or first eight hours of overtime on Saturdays; all overtime in excess of four hours during the week or eight hours on Saturdays is paid at the Sunday/ holiday rate.

3. Prevailing Wage Rates are subject to increases pursuant to the State of California’s Department of Industrial Relations Wage Rate Determinations. Ardurra's Billing Rates will increase in proportion to the DIR increase, plus overhead and profit. The current rates are based on Determination # SC-23-63-2-Pre-1D Issued 8/22/2022 for the August 22, 2022 to June 30, 2023 rate. The above billing rates increase by $10/ hour on July 1, 2023 and again on July 1, 2024 to adjust for predetermined increases.

4. A Special Shift is any shift that starts after 5:00PM and before 6:00 AM.

5. The following minimum callout applies to Inspection staff, in accordance with Industrial Welfare Commission Order #16-2001:
a. Cancellation of 8 hours scheduled inspection after inspector's arrival on site: 4- hour minimum
b. Cancellation of 4 hours scheduled inspection after inspector's arrival on site: 2- hour minimum

6. For contracts involving public works inspection services, Ardurra requires the awarding public agency to complete DIR form PWC-100 solely for Ardurra as the prime contractor specific to the awarded contract name and amount. A half -hour per week, per inspector labor compliance charge will be billed for all Prevailing Wage inspection assignments.

Reimbursable Expenses (Other Direct Costs): Ordinary identifiable non-salary costs that are directly attributable to the project, such as regular commuter travel costs, standard

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equipment, tools and software, etc., are included in the fee estimated above. Extraordinary expenses, such as oversized and/or color reproduction costs, vehicle identification decals, site facility hard phone line and/or internet service charges, non- commuter project miles and/or other travel expenses to remote (over 50 miles one- way) fabrication yards / batch plants, overnight postage / couriers, etc., are billed at actual cost plus fifteen percent (15%) to cover overhead and administration. Travel charges to a casting / fabrication yard or batch plant will include the hourly billing rate and travel expenses as listed in the Caltrans Travel Guide (State rates). Mileage is billed at the current IRS rate (currently $0.655/mile). An allowance for Extraordinary charges is included as Other Direct Costs (ODC) in the fee table above. Extraordinary charges above and beyond the estimated ODC allowance will not be billed to the Client unless specifically included in the contract or requested and approved by the Client in writing prior to incurring the additional expense.

Fees for sub-consultant services: Billed at actual cost, plus fifteen percent (15%) to cover overhead and administration.

Escalation: This rate schedule is effective through June 30, 2024, except as noted above for Prevailing Wage covered classifications. Should the Contract duration be extended beyond June 30, 2024, rates will be subject to prevailing wage increases as noted above, all other rates will escalate by 3% per calendar year or in accordance with the current Consumer Price Index, whichever is greater.

Exclusions to Scope and Fee: The following items are specifically excluded:

• Legal advice
• Surveying
• Temporary field office facilities, equipment, furniture, utilities and/or services • Materials, soils and/or hazardous materials testing or monitoring • Construction labor, materials and/or equipment
• Copies of plans and specifications or other oversized drawings • Additional services not specifically called for in the proposal • Expert witness services
• Standby services
Consultant Expenses

Ardurra will submit any unanticipated expenses to the City for approval prior to invoicing said expense.

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EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date o f this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified C-2
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in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq . concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debar ment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

10. Contractor acknowledges that eight hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.

Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City , forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, 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 undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” C-3
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12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with th e Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

This executed form must be submitted with Scope of Work proposal.

RFP No. E1274-22S Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

Appendix B
Non‐Collusion Affidavit
The undersigned declares states and certifies that:

1. This Proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

2. This Proposal is genuine and not collusive or sham.

3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Manhattan Beach or of anyone interested in the proposed contract.

5. All statements contained in the Proposal and related documents are true.

6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

7. I have not entered into any arrangement or agreement with any City of Manhattan Beach public officer in connection with this proposal.

8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Omar Alameddine Project & Construction Management Group Leader Name of Authorized Representative Title of Authorized Representative

Signature of Authorized Representative
This executed form must be submitted with Scope of Work proposal.

RFP No. E1274-22S Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

Appendix C
Consultant’s Acknowledgement of Compliance with Insurance Requirements for Agreement for Professional/Consultant Services
Consultant agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal and accepts all conditions and requirements as contained therein.

Consultant: Omar Alameddine, PM/CM Group Leader - Ardurra Group, Inc.

Name (Please Print or Type)

By:

Consultant’s Signature

Date: February 7, 2023
This executed form must be submitted with Scope of Work proposal.

RFP No. E1274-22S Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

Appendix D
Certification of Proposal
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP) No. E1274-22S. 1) Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2) By submitting the response to this request , Proposer agrees, if selected to furnish services to the City in accordance with this RFP.
3) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5) The proposal response includes all of the commentary, figures and data required by the Request for Proposal.
6) The proposal shall be valid for 120 days from the date of submittal.

Name of Proposer: Ardurra Group, Inc.

By:
(Authorized Signature)
Type Name: Omar Alameddine

Title:

Date:

This executed form must be submitted with Scope of Work proposal.

RFP No. E1274-22S Professional Inspection Services for Various Capital Improvement Projects (D-937, P-922, P-924, and D-929)

Project & Construction Management Group
Leader

February 7, 2023