the construction of this project, funded by Senate Bill 1 (SB1) Funds (2000A) and Capital Project Reimbursement Fund (Fund 3008); and
5. Authorize the Public Works Director/City Engineer to execute any subsequent change orders to R. J. Noble Company’s contract not exceeding the contingency of $336,139.00, subject to the approval of the City Attorney.
SUMMARY
This report recommends approval of a contract with R. J. Noble Company for the construction of the Citywide Pavement Rehabilitation Program FY 21/22 – 25/26 (Local Streets). The report also recommends approval of a professional consultant agreement for construction management and inspection services with GK & Associates and a professional consultant agreement for material testing and geotechnical services with LOR Geotechnical Group, Inc. for this project. This project is funded by Senate Bill 1 (SB1) Funds (2000A) and Capital Project Reimbursement Funds (Fund 3008) and consistent with the City Council’s Momentum MoVal Strategic Plan as roadway and public facility maintenance remains a top priority for the City Council. This project is part of the first batch of paving projects as a result of the City’s historic investment in pavement restoration and rehabilitation.
DISCUSSION
This project provides both pavement preventative and corrective work for 241 local street segments citywide. The preventative work (e.g. crack seal and slurry seal) and corrective work (e.g. local repairs and surface replacement) will help preserve and extend the useful life of the City’s largest asset at the lowest cost. These streets are prioritized in the Pavement Management Program (PMP) Plans approved by the City Council in January 2021 and February 2022. The City received funding for pavement repair work as part of the federal recovery act plans and programs, as well as state gas tax under the State Bill 1.
The project design was completed in-house by engineering staff and advertised for construction bids on April 11, 2022. Formal bidding procedures were followed in conformance with the Public Contract Code. Three (3) bids were received via the electronic bid management system, PlanetBids, on May 6, 2022 as follows:
CONTRACTORS Bid Amount
1. R. J. Noble Company $6,722,780.00
2. Hardy & Harper, Inc. $6,975,000.00
3. All American Asphalt $7,899,055.00
The lowest responsible bidder was determined by comparing the cumulative total for all bid items as stipulated in the bidding documents. Staff has reviewed the bid by R. J.
Noble Company and finds it to be the lowest responsive and responsible bidder in possession of a valid license and bid bond. No outstanding issues were identified through review of the references submitted by R. J. Noble Company in their bid. Staff A.29
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recommends awarding a contract to R. J. Noble Company to construct much needed street improvements as included in this project.
A contingency of 5% of the bid amount ($336,139.00) is recommended to account for any changed field condition that may have occurred during the period between the completion of the engineering design work and construction start. The contingency is also recommended to allow rapid response to avoid unnecessary construction delays that typically result in contractor change orders from unforeseen circumstances encountered during construction.
Staff recommends awarding an agreement to GK & Associates in an amount of $269,700.00 to provide construction management and inspection services for this project. The consultant will be responsible for managing all construction activities for the project from start to finish and for performing field inspection of the work to ensure the improvements are constructed per the project plans and specifications.
Staff also recommends awarding an agreement to LOR Geotechnical Group, Inc. in an amount of $174,460.00 to provide material and geotechnical services for this project that generally include performing tests on the contractor’s furnished slurry seal, asphalt, and concrete materials and observing the placement of these materials in the field to ensure the construction meets the project requirements. Both GK & Associates and LOR Geotechnical Group, Inc. were selected through a request for proposal and selection process and deemed to be highly qualified to perform these quality check/quality assurance (QA/QC) services for the project.
The Planning Division of the Community Development Department determined that this project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301(c) as a Class 1 (Existing Facilities).
Approval of the recommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “Manage and maximize Moreno Valley’s public Infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.”
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. This alternative will provide for the timely construction of the Citywide Pavement Rehabilitation Program FY 21/22 – 25/26 (Local Streets) project.
2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will delay the construction of needed improvements and may result in higher future repair costs.
FISCAL IMPACT
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This project is funded by Senate Bill 1 (SB1) Funds (2000A) and Capital Project Reimbursement Funds (Fund 3008). The City utilizes funding for pavement repair work received as part of the federal recovery act plans and programs, which is available in Project Nos. 801 0096 and 801 0097 (Fund 3008), to complete the construction of this project.
AVAILABLE BUDGET
Gas Tax (RMRA SB1)
(Account 2000-70-77-80001-720199) (Project No. 801 0089-2000A-99)........ $2,909,466 Capital Projects Reimbursements
(Account 3008-70-77-80001-720199) (Project No. 801 0096-3008-99).......... $1,500,000 Capital Projects Reimbursements
(Account 3008-70-77-80001-720199) (Project No. 801 0097-3008-99).......... $3,200,000 Total ............................................................................................................... $7,609,466 ESTIMATED CONSTRUCTION COSTS:
Construction (including 5% contingency) ........................................................ $7,058,919 Construction Management and Inspection Services ......................................... $269,700 Construction Material Testing and Geotechnical Services ................................ $174,460 Community Workforce Program Administration Services .................................... $24,080 City Staff Project Administration........................................................................... $20,000 Subtotal........................................................................................................... $7,547,159 ANTICIPATED PROJECT SCHEDULE:
Construction is anticipated to begin in Summer 2022 once all pre-construction documentation and information is provided by the contractor and approved by the City.
The project is anticipated to be completed in early 2023, barring any weather or unforeseen site condition delays.
NOTIFICATION
Prior to construction, business owners, schools, utilities, adjacent property owners, law enforcement, fire department, churches, public transportation, and other emergency service responders in the area will be notified in a timely manner of the proposed construction and roadway closures.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Quang Nguyen, P.E. Michael Lloyd, P.E.
Senior Engineer Public Works Director/City Engineer
Department Approval:
Melissa Walker, P.E.
Engineering Division Manager/Assistant City Engineer
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CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Agreement with R. J. Noble Company
2. Agreement with GK & Associates
3. Agreement with LOR Geotechnical Inc
APPROVALS
Budget Officer Approval ✓ Approved . 6/07/22 10:50 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 6/07/22 10:59 AM
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City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-1
Agreement No.
AGREEMENT
PROJECT NO. 801 0089
CITYWIDE PAVEMENT REHABILITATION PROGRAM - FY 2021/22
(LOCAL STREETS)
THIS Agreement is made and entered into this _____ day of _____________ 2022 (“Effective Date”) by and between the City of Moreno Valley, a municipal corporation, County of Riverside, State of California, hereinafter called the "City" and R. J. Noble Company, hereinafter called the "Contractor."
That the City and the Contractor for the consideration hereinafter named, agree as follows:
1. CONTRACT DOCUMENTS. The Contract Documents consist of the following, which are incorporated herein by this reference:
A. This Agreement
B. Community Workforce Agreement by and Between the City of Moreno Valley and San Bernardino/Riverside Counties Building and Construction Trades Council, AFL-CIO and the Signatory Craft Councils and Unions (“CWA”) [PROJECTS OVER $1,000,000] C. Any and all Contract Change Orders and Construction Change Directives issued after execution of this Agreement
D. Addenda No. ___1____ inclusive, issued prior to the Bid Deadline E. The bound Contract Documents book that includes City Special Provisions, General Provisions, and Technical Provisions
F. Standard Specifications for Public Works Construction (“Greenbook”) – latest edition in effect at the Bid Deadline, as modified by the City Special Provisions G. Reference Specifications/Reference Documents other than those listed in paragraph 2, below
H. Project Plans
I. City Standard Plans
J. Caltrans Standard Plans
K. EMWD Standard Plans
L. Governmental approvals, including, but not limited to, permits required for the Work M. Contractor’s Labor and Materials Payment Bond (for reference only) N. Contractor’s Faithful Performance Bond (for reference only) O. Contractor’s Certificates of Insurance and Additional Insured Endorsements In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing.
In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the above order of precedence.
2. REFERENCE DOCUMENTS. The following Reference Documents are not considered Contract Documents and are made available to the Contractor for informational purposes:
A. None
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Packet Pg. 910 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-2
3. SCOPE OF WORK. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work described in the Contract Documents, except as otherwise provided in the Plans, Standard Specifications, or City Special Provisions to be the responsibility of others.
4. PAYMENT.
4.1. Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, the City shall pay Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items and Additive Alternate Bid Items, if any, set forth the Bid Schedule submitted with the Bid. The sum of the unit prices and lump sum prices for the Base Bid Items and Additive Alternate Bid Items, if any, awarded by the City is Six Million Seven Hundred Twenty Two Thousand Seven Hundred Eighty and 00/100 Dollars ($6,722,780.00) (“Contract Price”). The Additive Alternate Bids selected by the City and included in the Contract are: Additive Alternate Bid 1 and Additive Alternate Bid 2. It is understood and agreed that the quantities set forth in the Bid Schedule for which unit prices are fixed are estimates only and that City will pay and Contractor will accept, as full payment for these items of Work, the unit prices set forth in the Bid Schedule multiplied by the actual number of units performed, constructed, or completed as directed and measured by the City Engineer.
4.2. Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the City Special Provisions.
5. CONTRACT TIME.
A. Contract Time. The Contract Time shall be determined in accordance with the following:
Base Bid 120 Working Days
Additive Alternate 1
Additive Alternate 2
15 Working Days
15 Working Days
B. Initial Notice to Proceed. After the Agreement has been fully executed by the Contractor and the City, the City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements constitutes the date of commencement of the Contract Time of One Hundred Fifty (150) Working Days for Base Bid plus Additive Alternate Bids. The Contract Time includes the time necessary to fulfill preconstruction requirements and to complete construction of the Project (except as adjusted by subsequent Change Orders).
The Notice to Proceed to Fulfill Preconstruction Requirements shall further specify that Contractor must complete the preconstruction requirements within Ten (10) Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.
Preconstruction requirements include, but are not limited to, the following:
Submitting and obtaining approval of Traffic Control Plans A.29.a
Packet Pg. 911 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-3
Submitting and obtaining approval of the Stormwater Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)
Submitting and obtaining approval of critical required submittals Obtaining an approved no fee Encroachment Permit
Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents If the City’s issuance of a Notice to Proceed to Fulfill Preconstruction Requirements is delayed due to Contractor’s failure to return the fully executed Agreement and insurance and bond documents within ten (10) Working Days after Contract award, then Contractor agrees to the deduction of one (1) Working Day from the number of days to complete the Project for every Working Day of delay in the City’s receipt of said documents. This right is in addition to and does not affect the City’s right to demand forfeiture of Contractor’s Bid Security if Contractor persistently delays in providing the required documentation.
C. Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements, the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.
6. LIQUIDATED DAMAGES AND CONTROL OF WORK.
6.1. Liquidated Damages. The Contractor and City (collectively, the “Parties”) have agreed to liquidate damages with respect to Contractor’s failure to complete the Work within the Contract Time, which includes the time necessary to fulfill preconstruction requirements and to complete construction of the Project (except as adjusted by subsequent Change Orders) in accordance with Article 5 above. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85 and in Public Contract Code Section 7203. Contractor acknowledges and agrees that the liquidated damages are intended to compensate the City solely for Contractor’s failure to meet the deadlines for completion of the Work and will not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.
In the event that Contractor fails to complete the Work within the Contract Time, Contractor agrees to pay the City $500.00 per Calendar Day that completion of the each such portion of the Work is delayed beyond the Contract Time. The Contractor will not be assessed liquidated damages for delays occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.
The Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of portions of the Work. The Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the date of execution hereof and have agreed to such liquidated damages to fix the City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Agreement.
It is further mutually agreed that the City will have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Change Order or Construction Change Directive and reduce the Contract Price accordingly. In the event the remaining unpaid A.29.a
Packet Pg. 912 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-4
Contract Price is insufficient to cover the full amount of liquidated damages, Contractor shall pay the difference to the City.
Liquidated damages are owed automatically and without notice of any kind upon the accrual of each day of delay. City may at any time deduct liquidated damages as are payable hereunder from money due or to become due to Contractor, or pursue any other legal remedy to collect such liquidated damages from Contractor and/or its Surety. Neither the City's failure or delay in deducting liquidated damages from payments otherwise due Contractor, nor City's failure or delay in notifying Contractor of the accrual of liquidated damages, shall be deemed a waiver of City's right to liquidated damages.
City's rights under this Section shall not be interpreted as precluding or limiting: (1) any right or remedy of City arising from an event of Contractor default other than a failure to complete the Work within the Contract Time; or (2) City's right to order an acceleration, at Contractor's expense, of performance of the Work to overcome delay, including, without limitation, a delay for which City has the right to assess and/or accrue liquidated damages. The availability of liquidated damages shall not limit City's right to terminate the Contractor’s performance and accrual and/or assessment of liquidated damages does not constitute a waiver of such rights.
6.2. Owner is Exempt from Liability for Early Completion Delay Damages. While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including but not limited to, delay cause by Owner or other Excusable Compensable Delay. See Section 6-4 of the Standard Specifications and City Special Provisions regarding compensation for delays.
6.3. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in Section 3-5 of the City Special Provisions.
7. INSURANCE.
7.1. General. The Contractor shall procure and maintain at its sole expense and throughout the term of this Agreement, any extension thereof, Commercial General Liability, Automobile Liability, and Workers’ Compensation Insurance with such coverage limits as described herein.
7.2. Additional Insured Endorsements. The Contractor shall cause the insurance required by the Contract Document to include the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers and representatives as an additional insureds. For the Commercial General Liability coverage, said parties shall be named as additional insureds utilizing either:
1. Insurance Services Office (“ISO”) Additional Insured endorsement CG 20 10 (11/85); or
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Packet Pg. 913 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-5
2. ISO Additional Insured endorsement CG 20 10 (10/01) and Additional Insured Completed Operations endorsement CG 20 37 (10/01); or
3. Substitute endorsements providing equivalent coverage, approved by the City.
The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. Coverage for such additional insureds does not extend to liability to the extent prohibited by Insurance Code Section 11580.4.
7.3. Waivers of Subrogation. All policies of insurance required by the Contract Documents shall include or be endorsed to provide a waiver by the insurers of any rights of recovery or subrogation that the insurers may have at any time against the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives.
7.4. Primary Coverage. All policies and endorsements shall stipulate that the Contractor’s (and the Subcontractors’) insurance coverage shall be primary insurance as respects the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives, and shall be excess of the Contractor’s (and its Subcontractors’) insurance and shall not contribute with it.
7.5. Coverage Applies Separately to Each Insured and Additional Insured.
Coverage shall state that the Contractor’s (and its Subcontractors’) insurance shall apply separately to each insured or additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall apply to any claim or suit brought by an additional insured against a named insured or other insured.
7.6. Self-Insurance. Any self-insurance (including deductibles or self-insured retention in excess of $50,000) in lieu of liability insurance must be declared by Contractor and approved by the City in writing prior to execution of the Agreement. The City’s approval of selfinsurance, if any, is within the City’s sole discretion and is subject to the following conditions:
1. Contractor must, at all times during the term of the Agreement and for a period of at least one (1) year after completion of the Project and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions, maintain and upon Owner’s reasonable request provide evidence of:
(a) Contractor’s “net worth” (defined as “total assets” [defined as all items of value owned by the Contractor including tangible items such as cash, land, personal property, and equipment, and intangible items such as copyrights and business goodwill]) minus total outside liabilities must be reflected in a financial statement for the prior fiscal year reflecting sufficient income and budget for Contractor to afford at least one loss in an amount equal to the amount of self-insurance;
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Packet Pg. 914 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-6
(b) Financial statements showing that Contractor has funds set aside/budgeted to finance the self-insured fund (i.e., Contractor has a program that fulfills functions that a primary insurer would fill); and (c) A claims procedure that identifies how a claim is supposed to be tendered to reach the financing provided by the self-insured fund.
2. If at any time after such self-insurance has been approved, the Contractor fails to meet the financial thresholds or otherwise fails to comply with the provisions set forth in this Paragraph 7, at the option of the City:
(a) The Contractor shall immediately obtain and thereafter maintain the third party insurance required under this Paragraph 7 and otherwise on the terms required above; or
(b) The insurer shall reduce or eliminate such deductibles or selfinsured retention as respects the City, its officers, officials, employees, and volunteers; or
(c) The Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses.
7.7. Insurer Financial Rating. Insurance companies providing insurance hereunder shall be rated A-VII or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California.
7.8. Notices to City of Cancellation or Changes. Each insurance policy described in this Paragraph 7 shall contain a provision or be endorsed to state that coverage will not be cancelled without thirty (30) days’ prior written notice by certified or registered mail to the City (this obligation may be satisfied in the alternative by requiring such notice to be provided by Contractor’s insurance broker and set forth on its Certificate of Insurance provided to the City), except that cancellation for non-payment of premium shall require (10) days prior written notice by certified or registered mail. If an insurance carrier cancels any policy or elects not to renew any policy required to be maintained by Contractor pursuant to the Contract Documents, Contractor agrees to give written notice to the City at the address indicated on the first page of the Agreement. Contractor agrees to provide the same notice of cancellation and non-renewal to the City that is required by such policy(ies) to be provided to the First Named Insured under such policy(ies). Contractor shall provide confirmation that the required policies have been renewed not less than seven (7) days prior to the expiration of existing coverages and shall deliver renewal or replacement policies, certificates and endorsements to the City Clerk within fourteen (14) days of the expiration of existing coverages. Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies, Contractor shall procure within five (5) days, other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Contractor shall furnish to the City Clerk copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.
7.9. Commercial General Liability. Coverage shall be written on an ISO Commercial General Liability “occurrence” form CG 00 01 (10/01 or later edition) or equivalent form approved by the City for coverage on an occurrence basis. The insurance shall cover liability, including, A.29.a
Packet Pg. 915 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-7
but not limited to, that arising from premises operations, stop gap liability, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The policy shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 (11/85). Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground (x, c, u) property damage. Contractor shall provide Products/Completed Operations coverage to be maintained continuously for a minimum of one (1) year after Final Acceptance of the Work, and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions.
Contractor shall maintain Commercial General Liability insurance with the following minimum limits: $1,000,000 per occurrence / $2,000,000 aggregate / $2,000,000 products-completed operations.
7.10. Business Automobile Liability. Coverage shall be written on ISO form CA 00 01 (12/93 or later edition) or a substitute form providing equivalent coverage for owned, hired, leased and non-owned vehicles, whether scheduled or not, with $1,000,000 combined single limit per accident for bodily injury and property damage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
7.11. Workers’ Compensation. Contractor shall comply with the applicable sections of the California Labor Code concerning workers’ compensation for injuries on the job. Compliance is accomplished in one of the following manners:
1. Provide copy of permissive self-insurance certificate approved by the State of California; or
2. Secure and maintain in force a policy of workers’ compensation insurance with statutory limits and Employer’s Liability Insurance with a minimal limit of $1,000,000 per accident; or
3. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ Compensation provision will be used in performance of this Contract.
7.12. Subcontractors’ Insurance. The Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.
8. BONDS. The Contractor shall provide two surety bonds. The Contractor shall furnish a satisfactory Performance Bond meeting all statutory requirements of the State of California on the form provided by the City. The bond shall be furnished as a guarantee of the faithful performance of the requirements of the Contract Documents as may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations, in an amount that shall remain equal to one hundred percent (100%) of the Contract Price.
The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California on the form provided by the City in an amount that shall remain equal to one hundred percent (100%) of the Contract Price to secure payment A.29.a
Packet Pg. 916 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-8
of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.
All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a Californiaadmitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the Contract. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public.
Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.
Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non-responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.
Contractor agrees that the Labor and Materials Payment Bond and Faithful Performance Bond attached to this Agreement are for reference purposes only, and shall not be considered a part of this Agreement. Contractor further agrees that said bonds are separate obligations of the Contractor and its Surety, and that any attorney’s fee provision contained in any payment bond or performance bond shall not apply to this Agreement. In the event there is any litigation between the parties arising from the breach of this Agreement, each party will bear its own attorneys’ fees in the litigation.
9. RECORDS. The Contractor and its Subcontractors shall maintain and keep books, payrolls, invoices of materials, and Project records current, and shall record all transactions pertaining to the Contract in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Moreno Valley, Riverside County, the State of California, the Federal Government, and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for at least five (5) years after Final Acceptance.
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Packet Pg. 917 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-9
10. INDEMNIFICATION.
10.1. General. To the fullest extent permitted by law, the Contractor assumes liability for and agrees, at the Contractor’s sole cost and expense, to promptly and fully indemnify, protect, hold harmless and defend (even if the allegations are false, fraudulent, or groundless), the City of Moreno Valley, its City Council, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, and all of their respective officials, officers, directors, employees, commission members, representatives and agents (“Indemnitees”), from and against any and all claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceeds, causes of action, demands, costs, judgments, liens, stop payment notices, penalties, liabilities, damages, losses, anticipated losses of revenues, and expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses), or losses of any kind or nature whatsoever, whether actual, threatened or alleged, arising out of, resulting from, or in any way (either directly or indirectly), related to the Work, the Project or any breach of the Contract by Contractor or any of its officers, agents, employees, Subcontractors, Sub-subcontractors, or any person performing any of the Work, pursuant to a direct or indirect contract with the Contractor (“Indemnity Claims”).
Such Indemnity Claims include, but are not limited to, claims for:
A. Any activity on or use of the City’s premises or facilities; B. Any liability incurred due to Contractor acting outside the scope of its authority pursuant to the Contract, whether or not caused in part by an Indemnified Party;
C. The failure of Contractor or the Work to comply with any Applicable Law, permit or orders;
D. Any misrepresentation, misstatement or omission with respect to any statement made in the Contract Documents or any document furnished by the Contractor in connection therewith;
E. Any breach of any duty, obligation or requirement under the Contract Documents, including, but not limited to any breach of Contractor’s warranties, representations or agreements set forth in the Contract Documents;
F. Any failure to coordinate the Work with City’s Separate Contractors; G. Any failure to provide notice to any party as required under the Contract Documents;
H. Any failure to act in such a manner as to protect the Project from loss, cost, expense or liability;
I. Bodily or personal injury, emotional injury, sickness or disease, or death at any time to any persons including without limitation employees of Contractor;
J. Damage or injury to real property or personal property, equipment and materials (including, but without limitation, property under the care and custody of the Contractor or the City) sustained by any person or persons (including, but not limited to, companies, corporations, utility company or property owner, Contractor and its employees or agents, and members of the general public);
K. Any liability imposed by Applicable Law including, but not limited to criminal or civil fines or penalties;
A.29.a
Packet Pg. 918 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-10
L. Any dangerous, hazardous, unsafe or defective condition of, in or on the Site, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Site by Contractor, its officers, agents, employees, or Subcontractors;
M. Any operation conducted upon or any use or occupation of the Site by the Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of the Contract or otherwise; N. Any acts, errors, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors;
O. Infringement of any patent rights, licenses, copyrights, or intellectual property which may be brought against the Contractor or Owner arising out of Contractor’s Work, for which the Contractor is responsible; and P. Any and all claims against the City seeking compensation for labor performed or materials used or furnished to be used in the Work or alleged to have been furnished on the Project, including all incidental or consequential damages resulting to the City from such claims.
10.2. Effect of Indemnitees’ Active Negligence. Contractor’s obligations to indemnify and hold the Indemnitees harmless exclude only such portion of any Indemnity Claim which is attributable to the active negligence or willful misconduct of the Indemnitee, provided such active negligence or willful misconduct is determined by agreement of the parties or by findings of a court of competent jurisdiction. In instances where an Indemnitee’s active negligence accounts for only a percentage of the liability for the Indemnity Claim involved, the obligation of Contractor will be for that entire percentage of liability for the Indemnity Claim not attributable to the active negligence or willful misconduct of the Indemnitee(s). Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 10. Subject to the limits set forth herein, the Contractor, at its own expense, shall satisfy any resulting judgment that may be rendered against any Indemnitee resulting from an Indemnity Claim. The Indemnitees shall be consulted with regard to any proposed settlement.
10.3. Independent Defense Obligation. The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Contractor of the tender of any Indemnity Claim from an Indemnitee. The Contractor’s obligation to defend the Indemnitee(s) shall be at Contractor’s sole expense, and not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. This duty to defend shall apply whether or not an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively, or concurrently negligent, or which otherwise asserts that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim. The Contractor shall respond within thirty (30) Calendar Days to the tender of any Indemnity Claim for defense and/or indemnity by an Indemnitee, unless the Indemnitee agrees in writing to an extension of this time. The defense provided to the Indemnitees by Contractor shall be by well qualified, adequately insured and experienced legal counsel acceptable to the City.
10.4. Intent of Parties Regarding Scope of Indemnity. It is the intent of the parties that the Contractor and its Subcontractors of all tiers shall provide the Indemnitees with the broadest defense and indemnity permitted by Applicable Law. In the event that any of the A.29.a
Packet Pg. 919 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-11
defense, indemnity, or hold harmless provisions in the Contract Documents are found to be ambiguous or in conflict with one another, it is the parties’ intent that the broadest and most expansive interpretation in favor of providing defense and/or indemnity to the Indemnitees be given effect.
10.5. Waiver of Indemnity Rights Against Indemnitees. With respect to third party claims against the Contractor, to the fullest extent permitted by law, the Contractor waives any and all rights to any type of express or implied indemnity against the Indemnitees.
10.6. Subcontractor Requirements. In addition to the requirements set forth hereinabove, Contractor shall ensure, by written subcontract agreement, that each of Contractor’s Subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnitees with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which Contractor is required to protect, defend, indemnify and hold the Indemnitees harmless. In the event Contractor fails to obtain such defense and indemnity obligations from others as required herein, Contractor agrees to be fully responsible to the Indemnitees according to the terms of this Paragraph 10. Contractor further agrees to ensure that each subcontractor will execute a separate Letter of Assent to the terms of the CWA if the total project cost is $1,000,000 or more and will fully indemnify the City for any claims or losses which result from a Subcontractor’s failure to adhere to the terms of the CWA on this project.
10.7. No Limitation or Waiver of Rights. Contractor’s obligations under this Paragraph 10 are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Contractor’s indemnification and defense obligations set forth in this Paragraph 10 are separate and independent from the insurance provisions set forth in the Contract Documents, and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. In any and all claims against the Indemnitees by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this Paragraph 10 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.
10.8. Withholding to Secure Obligations. In the event an Indemnity Claim arises prior to final payment to Contractor, the City may, in its sole discretion, reserve, retain or apply any monies due Contractor for the purpose of resolving such Indemnity Claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurances of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.
10.9. Survival of Indemnity Obligations. Contractor’s obligations under this Paragraph 10 are binding on Contractor’s and its Subcontractors’ successors, heirs, and assigns A.29.a
Packet Pg. 920 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-12
and shall survive the completion of the Work or termination of the Contractor’s performance of the Work.
11. SUCCESSORS AND ASSIGNS. The Parties bind themselves, their heirs, executors, administrators, successors and assigns the covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not, either voluntarily or by action of law, assign any right or obligation of the Contractor under the Contract Documents without prior written consent of the City.
(SIGNATURE PAGE FOLLOWS)
A.29.a
Packet Pg. 921 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley
Project No. 801 0089
Standard Form of Agreement
00500-13
CITY OF MORENO VALLEY, a Municipal Corporation R. J. Noble Company BY: License No./
Mike Lee, City Manager Classification:
DATE: Expiration Date:
Federal I.D. No.:
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
SIGNING INSTRUCTIONS TO THE CONTRACTOR:
Signature(s) must be accompanied by a completed notary certificate of acknowledgement attached hereto. A general partner must sign on behalf of a partnership. Two (2) corporate officers must sign on behalf of a corporation unless the corporation has a corporate resolution that allows one person to sign on behalf of the corporation; if applicable, said resolution must be attached hereto. The corporate seal may be affixed hereto.
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Public Works Director/City Engineer
Date
A.29.a
Packet Pg. 922 Attachment: Agreement with R. J. Noble Company (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE 1 AGREEMENT FOR PROFESSIONAL CONSULTANT
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
CITYWIDE PAVEMENT REHABILITATION PROGRAM FY2021-22 (LOCAL STREETS) PROJECT NO. 801 0089
This Agreement is made and entered into this ______ day of _____________ 2022 by and between the City of Moreno Valley, California, a municipal corporation, hereinafter described as "City," and GK & Associates, a California corporation, hereinafter described as "Consultant."
RECITALS
WHEREAS, the City has determined it is in the public interest to proceed with the professional services hereinafter described as "Construction Management and Inspection Services for the Citywide Pavement Rehabilitation Program FY 2021-22 (Local Streets) Project No. 801 0089” hereinafter described as “PROJECT”; and
WHEREAS, the City has determined the Construction Management and Inspection Services involve the performance of professional and technical services of a temporary nature as more specifically described in Exhibit A (City's Request for Proposal) and Exhibit B (Consultant's Proposal) hereto; and
WHEREAS, the City has requested the Consultant to perform such Construction Management and Inspection Services for Capital Projects Division of the Public Works Department; and
WHEREAS, the Consultant is professionally qualified in California to perform the professional services as required, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; THEREFORE, the City and the Consultant, for the consideration hereinafter described, mutually agree as follows:
A.29.b
Packet Pg. 923 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 2 DESCRIPTION OF SERVICES
1. The services are to perform Construction Management and Inspection Services for the construction of the PROJECT for compliance with construction drawings, specifications, applicable quality control standards, and applicable codes and regulations.
SCOPE OF SERVICES
2. The Consultant's scope of service is described on Exhibit B attached hereto and incorporated herein by this reference. In the event of a conflict, the City's Request for Proposal (Exhibit A) shall take precedence over the Consultant's Proposal.
3. The City's responsibility is described on Exhibit C attached hereto and incorporated herein by this reference.
PAYMENT TERMS
4. The City agrees to pay the Consultant and the Consultant agrees to receive a "Notto-Exceed" fee of $269,700.00 in accordance with the payment terms provided on Exhibit D attached hereto and incorporated herein by this reference.
TIME FOR PERFORMANCE
5. The Consultant shall commence services upon receipt of written direction to proceed from the City.
6. The Consultant shall perform the work described on Exhibits A and B in accordance with the start date as stated in the Notice to Proceed.
7. This Agreement shall be effective from effective date and shall continue in full force and effect date through December 30, 2023, subject to any earlier termination in accordance with this Agreement. The services of Consultant shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement.
A.29.b
Packet Pg. 924 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 3 8. (a) The Consultant agrees that the personnel, including the principal Project manager, and all subconsultants assigned to the Project by the Consultant, shall be subject to the prior approval of the City.
(b) No change in subconsultants or key personnel shall be made by the Consultant without written prior approval of the City.
SPECIAL PROVISIONS
9. It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.
10. The Consultant may also retain or subcontract for the services of other necessary consultants with the prior written approval of the City. Payment for such services shall be the responsibility of the Consultant. Any and all subconsultants employed by the Consultant shall be subject to the terms and conditions of this Agreement, except that the City shall have no obligation to pay any subconsultant for services rendered on the Project.
11. The Consultant and the City agree to use reasonable care and diligence to perform their respective services under this Agreement.
12. The Consultant shall comply with applicable federal, state, and local laws in the performance of work under this Agreement.
13. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing A.29.b
Packet Pg. 925 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 4 and during the performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
A.29.b
Packet Pg. 926 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 5 (d) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subcontractor to also comply with the requirements of this Section 13.
14. To the furthest extent allowed by law (including California Civil Code section 2782.8 if applicable), Consultant shall indemnify, hold harmless and defend the City, the Moreno Valley Community Services District (“CSD”), the Moreno Valley Housing Authority (“Housing Authority”) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
15. Insurance.
(a) Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit E or as may be authorized in writing by the City Manager or his/her designee at any time and in his/her sole discretion. (b) If at any time during the life of the Agreement or any extension, Consultant or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments A.29.b
Packet Pg. 927 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 6 due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Consultant of its responsibilities under this Agreement.
The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
(d) Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to provide insurance protection in favor of City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and A.29.b
Packet Pg. 928 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 7 applicable endorsements shall be on file with Consultant and City prior to the commencement of any services by the subcontractor.
16. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
17. Consultant and subconsultants shall pay prevailing wage rates when required by the Labor Laws of the State of California.
18. (a) The Consultant shall deliver to the Public Works Director/City Engineer of the City or his designated representative, fully completed and detailed project-related documents which shall become the property of the City. The Consultant may retain, for its files, copies of any and all material, including drawings, documents, and specifications, produced by the Consultant in performance of this Agreement.
(b) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(c) The City agrees to hold the Consultant free and harmless from any claim arising from any unauthorized use of computations, maps, and other documents prepared or provided by the Consultant under this Agreement, if used by the City on other work without the permission of the Consultant. Consultant acknowledges that Consultant work product produced under this agreement may be public record under State law.
19. (a) This Agreement shall terminate without any liability of City to Consultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Consultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s nonA.29.b Packet Pg. 929 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 8 appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. The written notice shall specify the date of termination. Upon receipt of such notice, the Consultant may continue services on the project through the date of termination, provided that no service(s) shall be commenced or continued after receipt of the notice, which is not intended to protect the interest of the City. The City shall pay the Consultant within thirty (30) days after the date of termination for all non-objected to services performed by the Consultant in accordance herewith through the date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (b) In the event of termination due to failure of Consultant to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, City’s damages caused by such failure. In no event shall any payment by City pursuant to this Agreement constitute a waiver by City of any breach of this Agreement which may then exist on the part of Consultant, nor shall such payment impair or prejudice any remedy available to City with respect to the breach. (c) Upon any breach of this Agreement by Consultant, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
(d) Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, A.29.b
Packet Pg. 930 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 9 epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Consultant shall notify City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.
20. This Agreement is binding upon the City and the Consultant and their successors and assigns. Except as otherwise provided herein, neither the City nor the Consultant shall assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the other.
21. A City representative shall be designated by the City and a Consultant representative shall be designated by the Consultant. The City representative and the Consultant representative shall be the primary contact person for each party regarding performance of this Agreement. The City representative shall cooperate with the Consultant, and the Consultant's representative shall cooperate with the City in all matters regarding this Agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.
22. This Agreement represents the entire and integrated Agreement between the City and the Consultant, and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties.
23. Where the payment terms provide for compensation on a time and materials basis, the Consultant shall maintain adequate records to permit inspection and audit of the Consultant's time and materials charges under this Agreement. The Consultant shall make such records available to the City at the Consultant's office during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records. Except as may be A.29.b
Packet Pg. 931 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 10 otherwise required by law, such records will be available only to the City. Such records shall be maintained by the Consultant for three (3) years following completion of the services under this Agreement.
24. The City and the Consultant agree, that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
25. (a) Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Consultant shall immediately notify City of these facts in writing.
(b) In performing the work or services to be provided hereunder, Consultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body.
This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(c) Consultant represents and warrants that it has not paid or agreed to pay A.29.b
Packet Pg. 932 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 11 any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) Neither Consultant, nor any of Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Consultant shall remain responsible for complying with Section 25(a), above.
(e) If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Consultant shall include the provisions of this Section 25 in each subcontract and require its subcontractors to comply therewith.
(f) This Section 25 shall survive expiration or termination of this Agreement.
26. All Plans, drawings, Specifications, reports, logs, and other documents prepared by the Consultant in its performance under this Agreement shall, upon completion of the project, be delivered to and be the property of the City, provided that the Consultant shall be entitled, at its own expense, to make copies thereof for its own use.
27. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall also govern the interpretation of this Agreement. Venue shall be vested in the Superior Court of the State of California, County of Riverside.
28. Consultant expressly waives any and all rights and benefits conferred upon it by the A.29.b
Packet Pg. 933 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 12 provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
Consultant hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Consultant who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, which may provide services to City under the Agreement, prior to such person performing any services thereunder. Nothing herein shall be deemed or interpreted to limited a CalPERS retiree’s obligations under applicable law, rules or regulations.
SIGNATURE PAGE FOLLOWS
A.29.b
Packet Pg. 934 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley GK & Associates
BY: BY:
Mike Lee, City Manager Name:
TITLE:
(President or Vice President)
Date
Date
BY:
Name:
TITLE:
(Corporate Secretary)
Date
Enclosures: Exhibit “A” – City's Request for Proposal
Exhibit “B” – Consultant’s Proposal
Exhibit “C” – City’s Services to be Provided to Consultant Exhibit “D” – Terms of Payment
Exhibit “E” – Insurance Requirements
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
Date
A.29.b
Packet Pg. 935 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY Capital Projects Division Page 1 of 12
City of Moreno Valley
Request for Proposals
Professional Consultant Construction Management and
Inspection Services
Project No. 801 0089
Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 (Local Streets)
and
Project No. 801 0093
Pavement Rehabilitation for Various Local Streets (CDBG FY 2021-22) Proposal Due Date:
May 12, 2022 at 2:00 pm, PST
Submit proposal online at:
https://www.planetbids.com/portal/portal.cfm?CompanyID=24660 Contact:
Capital Projects Division
Email: [email protected]
Phone: (951) 413-3130
A.29.b
Packet Pg. 936 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 2 of 12
I. Invitation
You are hereby invited to submit a Proposal for Construction Management and Inspection Services for two (2) projects, Project Nos. 801 0089 and 801 0093, for the City of Moreno Valley.
Interested parties may register and download copies of the Request for Proposal (RFP) via City’s online vendor portal at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=24660 To download proposal packages and submit proposals, prospective proposers will be required to pay an online usage download fee of $10.00. All documents associated with this RFP will be downloadable after the fee has been paid. Once the proposer downloads any documents relative to a solicitation, that proposer’s name will appear on the Prospective Bidders List.
Proposals shall be submitted electronically (in PDF format) utilizing the above City’s vendor portal.
NOTE: The proposer shall submit a separate electronic file for their technical proposal and two (2) separate electric files for cost proposals, one cost proposal for each project.
The proposer is 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 bid was submitted successfully. Transmission of proposals by any other means will not be accepted.
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the proposal 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 proposer to successfully submit an electronic proposal shall be at the proposer’s 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 directly 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 proposal submission deadline.
II. Schedule of Important Dates
The following dates are critical in order to have the required services start in mid-July 2022.
DATE EVENT
1 May 12, 2022 Proposal due date
2 May 20, 2022 Proposals Review and Consultant Selection Complete 3 June 7, 2022 Service Contract Award by City Council
4 Mid-July 2022 Start of Service
A.29.b
Packet Pg. 937 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 3 of 12
III. Scope of Services
The City of Moreno Valley seeks the submission of proposals to provide Construction Management and Inspection Services for the Citywide Pavement Rehabilitation Program – Local Streets (Project No. 801 0089) and the Pavement Rehabilitation for Various Local Streets – CDBG FY 2021-22 (Project No. 801 0093) for the Capital Projects Division from interested and qualified proposers. The construction management and inspection services shall effectively and efficiently ensure that all work complies with the approved construction documents and applicable codes and regulations.
These projects provide pavement rehabilitation and preservation for approximately 270 local street segments throughout the City. The work includes localized pavement repairs; crack sealing; application of Type 1 slurry seal; removal and replacement of asphalt pavement surfaces; installation of permanent traffic video detector; and reestablishment of traffic striping and signs.
The work also includes the reconstruction on Grant Street with curbs, gutters, sidewalks and new pavement section. The projects include base bid work items and additive bid work items with a total of 150 working days for the Contractor to complete the construction of Project No. 801 0089 and 120 working days for Project No. 801 0093.
Please refer to project’s Contract Documents (Attachments D and E) and Construction Plans (Attachments F and G) for more information.
The Consultant is to provide two (2) street inspectors who shall perform daily inspection and related tasks to ensure the construction is in compliance with the project Contract documents and will be under general direction of the City Senior Inspector to serve as staff inspectors for this project. The proposed inspectors shall have a minimum of three (3) years experience in inspection of similar public works construction project. The Consultant shall submit resumes of the proposed inspectors along with the proposal for City review.
Street construction inspection tasks include, but not limited to:
1. Review and get familiarized with plans, specifications, construction site and the proposed streets prior to the pre-construction meeting.
2. Review and mark out removal limits with contractor prior to saw-cutting and removals and grinding processes.
3. Inspect the reconstruction curbs, gutters, ramps, and sidewalks for compliance with plans, specifications, and ADA requirements.
4. Continuously observe and inspect contractor’s work processes include pavement surface preparation, crack sealing, pavement removal and repaving, application of slurry seal, HMA/ARHM placement operations, striping cat tracking and installation, and signage installation.
5. Continuously monitor the traffic control and safety measures and request for corrections as needed.
6. Monitor and provide supporting documentation on the personnel and equipment used for any extra work/change orders performed by the contractor or supporting documentation for delays.
7. Keep daily diaries (logs) and take pictures of the project as needed; prepare and issue correction notices to the contractor and follow up with the notices.
8. Respond to public inquiries regarding construction activities, scheduling, and traffic impacts.
A.29.b
Packet Pg. 938 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 4 of 12
9. Field review and verify quantities submitted by the contractor on each invoice to make sure the quantities/work items are correct and completed/accepted prior to the issuance of payment to the contractor.
10. Attend weekly or bi-weekly construction activity coordination/schedule update meetings.
11. Coordinate with other inspectors, soil technicians, construction manager, school official, other agencies representatives who are involved/affected by this project as necessary to move the construction forward.
12. Perform other related tasks ad required.
The Consultant is to provide one (1) construction manager who, under general direction of the City Project Manager, shall manage and run the project from the start to end of the construction.
The proposed construction manager shall have minimum of three (3) years experience in managing similar public works project construction. Resume for the proposed construction manager is required to be submitted along with the proposal.
Construction management tasks shall include, but not be limited to:
1. Review and get familiarized with project plans and specifications, including project schedule.
2. Set-up and conduct pre-construction meeting with the contractor, sub-contractors, and individuals involving in the project.
3. Provide, manage, coordinate, and ensure timely completion/approvals in response to all Requests for Information (RFI), shop drawings, product data submittals and mix designs, Change Notices, Intend to File Change Notices, and Construction Change Orders (CCO), as well as review, price negotiations and issuance of the CCO to the contractor.
4. Prepare agenda and conduct weekly or bi-weekly construction progress meetings to keep track of contractor work progress. Provide weekly written progress reports/updates to the City Project Manager.
5. Coordinate and schedule inspection and material testing, compaction testing and other activities. Ensure adequate inspection coverage for the project.
6. Identify and report potential contractor claims and recommend resolution.
7. Prepare weekly statement of working days and send to the contractor. Maintain consistent communication with the contractor, the City, and all individuals involving this project.
8. Review contractor’s invoices and quantities and approve for payments.
9. Provide regular monitoring of the construction progresses. Check work or quantities completed versus project schedule and total contract. The Construction Manager shall identify variances between actual and budgeted/estimated costs, and inform the City Project Manager whenever construct costs exceed budgets or estimates.
10. Maintain the records of the followings, but not be limited to:
a. All changes and modifications to the Plans and Contract Documents. Note: The Consultant Construction Manager does not have authority to make changes or modifications to the Plans and Specifications, except as authorized by the Design Consultant and the City.
b. Addenda(s), change order(s), product data and material submittals, and samples.
A.29.b
Packet Pg. 939 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 5 of 12
c. Progress payments, inventories, and applicable codes, contractor’s reports, correspondences, certified payrolls, and accident reports. d. Certifications, shop drawings, photographs, as-builts, and other project related documents IV. Community Workforce Agreement:
For project construction contract cost is $1,000,000 or more, the Consultant and each Subconsultant (if any) shall execute a Letter of Assent which formally binds the Consultant and Subconsultant(s) to the terms of the Community Workforce Agreement by and Between the City of Moreno Valley and San Bernardino/Riverside Counties Building and Construction Trades Council, AFL-CIO and the Signatory Craft Councils and Unions (“CWA”). A copy of the CWA and the Letter of Assent is attached as Appendix C for reference. By submitting a proposal for the requested services, the Consultant and Subconsultant(s) acknowledge that they have read the CWA and will execute the Letter of Assent binding themselves to the terms of the CWA applicable to this project, and will provide copies of the sign Letters of Assent to the City prior to performing any work on the project.
V. Proposal Format
Proposals shall be submitted electronically (in PDF format) utilizing the above City’s vendor portal.
The proposer shall submit a separate electronic file for their technical proposal and a separate electric file for cost proposal.
The Consultant’s Proposal shall be no more than 20 pages, excluding a cover letter of up to two pages, dividers, and certificates. 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 will not be given further consideration
A. Technical Proposal
Technical Proposal should include, but not be limited to, the following items:
1. Proposer’s approach and understanding of all necessary tasks and steps involved for completing the required services;
2. A detailed scope of services to reflect the methods and procedures that the proposer intends to use to provide the required services. The scope of services outlined in this RFP is only provided as a guide and does not include all the tasks as required to complete the work.
3. List of staff member(s) who will provide the required services along with resume, certifications, and relevant experience. Please note that the City reserves the right to accept or reject any changes in the proposed staff member(s) during the term of the agreement.
4. List of similar projects or tasks performed by the proposed staff member(s).
A.29.b
Packet Pg. 940 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 6 of 12
5. Number of hours per week for each proposed staff that the firm can commit to provide the required services.
6. List of references.
7. Completed forms as required.
The following statement are required to be included in the proposal:
1. A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's Proposal.
2. A statement that this RFP and the Consultant's Proposal will jointly become part of the Agreement for Professional Consultant Services for this project when said Agreement is fully executed by the Consultant and the City of Moreno Valley.
3. A statement that the Consultant’s Services to be provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified in the Consultant's Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL."
4. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" (if needed) containing a complete and detailed description of all of the exceptions to the provisions and conditions of this RFP upon which the Consultant’s Proposal is contingent and which shall take precedent over this RFP.
5. A statement of qualifications applicable to this project including the names, qualifications and proposed duties of the Consultant’s Staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact. If one 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.
6. A statement that the Consultant acknowledges to provide all necessary vehicles, equipment, tools, uniforms, all incidentals for the staff member(s) to perform the required services. Full compensation for providing vehicles, equipment, tools, uniforms, all incidentals shall be considered to be included in the ‘Not-to-Exceed” fee as part of the Cost Proposal, and no additional compensation will be allowed therefor.
7. A resource allocation matrix must be submitted with the Proposal. The resource allocation matrix must list detailed tasks in rows and the appropriate individual (Job Title Only) as well as the number of hours that these individuals will be working on each task listed, will be included in adjacent columns.
8. A statement that the Consultant acknowledges and understands that the Consultant will provide a qualified alternate staff in the event of the primary staff is not able to come to work.
A.29.b
Packet Pg. 941 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 7 of 12
9. A statement that all charges for Consultant services is a “Not-to-Exceed” fee which must include conservatively estimated reimbursable expenses, as submitted with and made a part of said Consultant's Proposal.
10. A statement that the Consultant will document and provide the results of the work to the satisfaction of the City. This may include preparation of field and final reports, or similar evidence of attainment of the Agreement objectives.
11. A statement that said hourly rate schedule (which is to be included in the Cost Proposal as required below) is part of the Consultant's Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP.
12. A statement that the Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
13. A statement that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to.
14. A statement that the Consultant shall allow all authorized federal, state, county, and City officials access to place of work, books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent to this special project. All relevant records shall be retained for at least three years.
15. A statement that the Consultant shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC 276-a through a-7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code.
Pursuant to the said regulations, entitled “Federal Labor Standards Provisions,” Federal Prevailing Wage Decision” and State of California prevailing wage rates, respectively.
16. A statement that the Consultant shall comply with the Copeland Anti-Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.
17. A statement that the Consultant offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Consultant, without further acknowledgment by the parties.
B. Cost Proposal
Cost Proposal shall include, but not be limited to, the following items:
1. A “Not-to-Exceed” Fee that includes all costs associated with the delivery of the required services. The fee estimate shall be based on the number of hours staff member(s) are required to perform the required services for the duration of the project construction.
A.29.b
Packet Pg. 942 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 8 of 12
2. A rate schedule aligned with titles in the resource allocation matrix in Technical Proposal.
VI. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES
The Consultant shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.
The Consultant is required to submit certified payrolls weekly. This applies to all applicable field personnel working on the project. In accordance with Section 1771.5 (b) (5) of the California Labor Code, the City will withhold payments when the payroll records are delinquent or inadequate.
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
Consultant hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Consultant who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, which may provide services to City under the Agreement, prior to such person performing any services thereunder. Nothing herein shall be deemed or interpreted to limited a CalPERS retiree’s obligations under applicable law, rules or regulations.
VII. PAYMENT TO CONSULTANT AND INVOICING
A. This work is to be performed for a “Not-to-Exceed” Fee.
B. The Consultant shall provide a “Cost Proposal” indicating the fee for individual staff member(s) with a “Not-to-Exceed” Fee which shall be the sum of all costs as described above.
C. Consultant invoices shall be submitted to the City monthly for review and approval for payments.
D. Invoices shall identify job title, person-hours, and costs incurred by each staff member.
A.29.b
Packet Pg. 943 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 9 of 12
E. The City will pay the Consultant for work hours completed for each month.
F. Reimbursement costs related to vehicle/transportation, mileage, printing, telephone, photograph, postage and delivery, equipment, tools, uniforms, all incidentals are to be included in the “Not-to-Exceed” Fee”.
G. When the Consultant is performing, or is requested to perform, work beyond the scope of service in the “Agreement for Professional Consultant Services,” an “Amendment to the Agreement” will be executed between the City and Consultant.
H. The Consultant shall receive no compensation for any re-work necessary as result of the Consultant’s errors, omissions, or oversight.
VIII. INSURANCE
Refer to Exhibit E of the Sample Agreement (Attachment B) for insurance requirements.
IX. INDEMNIFICATION
A. The Consultant agrees to indemnify, defend, and save the City of Moreno Valley, the Moreno Valley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from any and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of the Consultant under this Agreement, or are caused or claim to be caused by the negligent acts of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant or under its control or direction; provided, however, that this indemnification and hold harmless shall not include claims arising from the sole negligence or willful misconduct of the City, MVHA, and CSD, their officers, agents or employees.
B. The City agrees to indemnify, defend and save the Consultant and their officers, agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the City's, MVHA’s, and CSD's employees and all claims which arise from or are connected with the negligent performance or failure to perform the services or other obligations of the City under this Agreement, or are caused or claim to be caused by the negligent acts of the City, MVHA, and CSD, their officers, agents or employees, or its subcontractor(s) or any person acting for the City or under its control or direction; provided, however, that this indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the Consultant, its officers, agents, or employees (PCC 20103.6).
X. TERMINATION FOR CONVENIENCE OF THE CITY
The City reserves the right to terminate the "Agreement for Professional Consultant Services" for the "convenience of the City" at any time by giving ten (10) days written notice to the Consultant of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes and other materials produced and procured by the Consultant under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Consultant within ten (10) working days from the date of such termination. The City will reimburse the Consultant for all acceptable work performed as set forth in the executed Agreement.
A.29.b
Packet Pg. 944 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 10 of 12
XI. INDEPENDENT CONTRACTOR
The Consultant's relationship to the City in the performance of the Consultant's services for this project is that of an independent Contractor. The personnel performing the said Services shall at all times be under the Consultant's exclusive direction and control and shall be employees of the Consultant and not employees of the City. The Consultant shall pay all wages, salaries and other amounts due his employees in connection with the performance of said work shall be responsible for all employee reports and obligations, including but not necessarily restricted to, social security, income tax withholding, unemployment compensation, and Workers’ Compensation.
XII. CONTRACT
The Contract includes the Agreement for Professional Consultant Services, City's Request for Proposal, Consultant's Proposal, and Exhibits. The Political Reform Act and the City’s Conflict of Interest Code require that Consultants be considered as potential filers of Statements of Economic Interest. Consultants, as defined by Section 18701, may be required to file an Economic Interest Statement (Form 700) within 30 days of signing a Consultant Agreement with the City, on an annual basis thereafter if the contract is still in place, and within 30 days of completion of the contract.
XIII. GENERAL CONDITIONS
A. Pre-contractual expenses are defined as expenses incurred by the Consultant in: (1) preparing the Proposal; (2) submitting the Proposal to the City; (3) presentation during selection interview; (4) negotiating with the City any matter related to this Proposal; (5) any other expenses incurred by the Consultant prior to an executed Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses incurred by the Consultant.
B. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the Proposal for its own convenience and to reject any and all Proposals responding to this RFP without indicating any reasons for such rejection(s).
C. The City reserves the right to reject any or all Proposals submitted. Any Contract awarded for these Consultant engagements will be made to the Consultant who, in the opinion of the City, is best qualified.
XIV. SELECTION CRITERIA
A. The Firm’s General Experience and Qualification Information (20 points) – Information about the company including professional licenses held; ability to furnish required insurance and meet stipulations of the City’s “boiler plate” agreement; details about comparable projects completed by the firm, as well as local experience; and its ability to A.29.b
Packet Pg. 945 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Capital Projects Division Page 11 of 12
provide the required services in an efficient and expeditious manner.
B. Experience of Key Personnel (60 points) – Background experience of key personnel, credentials and certifications, abilities, familiarity with state and federal procedures and applicable standards and specifications, local experience on comparable projects and length of service with the firm, reference information preferably with municipal agencies, and proven track record and depth of understanding/knowledge of the required services.
C. Understanding of Requested Service/Plans to Deliver Services (20 points) – Understanding of the requested services and tasks, discussion of major issues identified on the project and how the Consultant team plans to address them; the methods and procedures to be used for providing the services; the management approach and organization necessary to complete the services; and outline quality control measures to ensure delivery of a quality product on time, within budget that provides a cost efficient, timely and predictable execution of work.
XV. ATTACHMENTS
A. Non-Collusion Affidavit
B. Sample Agreement for Professional Consultant Services C. Community Workforce Agreement
D. Project No. 801 0089 Contract Documents
E. Project No. 801 0093 Contract Documents
F. Project No. 801 0089 Construction Plans
G. Project No. 801 0093 Construction Plans
A.29.b
Packet Pg. 946 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY Professional Consultant Construction Management &
Inspection Services for
Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 ( Local Streets) &
Pavement Rehabilitation for Various Local Street
(CDBG FY 2021-22)
Prepared for :
City of Moreno Valley
3333 Brea Canyon Rd, #120
Diamond Bar, CA 91765
909-595-1940
www.gkandassociates.com
May 12, 2022
A.29.b
Packet Pg. 947 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY Tele: 909-595-1940, Fax: 909-595-1314, Email: [email protected]
May 12, 2022
City of Moreno Valley
Public Works
14177 Frederick St.
Moreno Valley, CA 92553
Subject: Request for Proposal for Construction Management and Inspection Services for Project No. 801 0089 Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 (Local Streets) & Project No. 801 0093 Pavement Rehabilitation for Various Local Streets (CDBG FY 2021-22) Dear Public Works Committee,
GK & Associates (GK & A) is pleased to submit our proposal to provide professional Construction Management and Inspection Services for the City of Moreno Valley’s Pavement Rehabilitation Projects. We are confident our Construction Managers and Inspectors are competent and qualified to complete highcaliber work on time, within budget, and to represent the City’s and the public’s interests first and foremost, while completing all required responsibilities.
Advantages of choosing GK & Associates:
Responsive Approach & Cost-Effective: As a small business with less overhead, our services are cost-effective, and our team is nimble and responsive to resolving issues with the contractor and/or City.
Local Experience Advantage: GK & Associates’ has provided Construction Management and Inspection work for many City’s street rehabilitation projects, such as City of San Bernardino, Downey, Cerritos, and Norwalk.
Relevant Experience: Three highly relevant projects we have completed just this year and previously completed are: Preventative Street maintenance ARRA projects starting from 2010, to Traffic Signal Updates Citywide 2013 through recent projects including Street the Annual Misc.
Concrete & ADA Improvements, the 3rd Street Rehabilitation Project, and the Residential Street Pavement Rehabilitation projects, all for the City of Downey. As a firm, we have many Construction Managers and Inspectors who specialize in the scope of work detailed in your proposal. Please refer to our references for our history of projects of the same scope as detailed by your RFP—namely street rehabilitations and concrete improvements (ADA-compliant curbs, off-grade curb and gutter, etc.)
Direct Availability of the Principal: Our knowledgeable and experienced team & Principal Ghazala Khan, with 3 decades of experience in the Engineering field, is just a phone call away. Her skills in project management and conflict resolution are second-to-none. Her long experience in public works allows her to bring on board only the most reliable Construction Managers and Inspectors. Please refer to our resumes section to see our Project Team experience and qualifications.
GK & Associates accepts all the terms and conditions outlined in the City’s Standard Consultant Services Agreement, and can meet all insurance requirements made part of the agreement. This proposal remains valid for 180 days from the date of submittal. If you have any questions, please feel free to contact me at the contact information provided below, or directly at (909)-964-9932.
Sincerely,
EC&AM Associates, Inc.
dba GK & Associates
Ghazala Khan
President
3333 Brea Canyon Road, Ste. 120
Diamond Bar, CA 91765 www.gkandassociates.com
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Packet Pg. 948 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
‘/
COMPANY OVERVIEW...................................................................................................................... 2 Company Overview ................................................................................................................. 2 DBE & Active Certifications.................................................................................................... 3 UNDERSTANDING OF NEED & SCOPE OF SERVICES.............................................................. 4 Understanding of Need ............................................................................................................. 4 Scope of Work........................................................................................................................... 4 Guiding Principles..................................................................................................................... 4 Approach................................................................................................................................... 5 KEY PERSONNEL ................................................................................................................................ 9 Organizational Chart ................................................................................................................. 9 Enrique Jimenez, PE ............................................................................................................... 10 Chris Marquardt, CCM ........................................................................................................... 11 Raymond Barajas.................................................................................................................... 12 Mark Korando ......................................................................................................................... 13 Brian French............................................................................................................................ 14 RELEVANT EXPERIENCE............................................................................................................... 15 City of Downey....................................................................................................................... 15 City of Brea ............................................................................................................................. 16 City of Norwalk ...................................................................................................................... 17 City of La Canada Flintridge................................................................................................... 18 STATEMENTS..................................................................................................................................... 19 RESOURCE ALLOCATION MATRIX............................................................................................ 20 CERTIFICATIONS ............................................................................................................................. 22 • Non-Collusion Affidavit
FEE PROPOSAL...........................................................................................SEPERATELY SEALED Table of Contents
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Packet Pg. 949 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
Company Overview
GK & Associates, a privately held company established in 2002, is a Civil Engineering, Construction Management, Construction Inspection and Asset Management firm located at 3333 S. Brea Canyon Road, Suite 120, Diamond Bar, CA. We are focused on providing Construction Management Support services to Cities and Agencies based in Southern California. Since inception the firm has primarily and exclusively focused on providing public works Construction support and Asset Management services, allowing us to nurture a group of highly qualified Construction Managers and Inspectors particularly adept at managing civil works construction including street rehabilitation projects, traffic signals upgrades, utilities, parking, water, sewer and drainage facilities. Our growing list of clients many of them repeat is a testimonial to our qualifications and responsiveness. We have provided municipal services including CIP Management, Civil Engineering, Design, Construction Management, Pavement Management, Inspection and/or Engineering Plan Checking services to almost every public agency in Southern California.
Celebrating Over 20 Years of Providing PM, CM, and Inspection services Legal Business Name : EC&AM Associates Inc. (dba GK & Associates) GK & Associates (GK&A) prides itself on building a culture of responsiveness and representing clients’ best interests for over twenty years. We take pride in representing our respective clients’ goals and needs. It is for that reason that we have been able to build a very prestigious client list as shown below:
GK & Associates Qualifications
Construction Management Construction Inspection Staff Augmentation Asset Management IEUA Caltrans District 8 Caltrans District 8 City of Los Angeles LADWP City of Irvine LADWP City of San Diego
City of South Pasadena City of Brea City of South Pasadena City of San Dimas City of Downey City of Norwalk City of Downey City of La Habra City of Compton City of Compton City of Compton City of Banning City of Downey City of Pico Rivera City of Downey City of Garden Grove City of Norwalk City of South Pasadena City of Norwalk City of Los Angeles City of Baldwin Park City of Downey IEUA City of Victorville City of Whittier City of Santa Monica City of Irvine City of Temecula City of San Bernardino
City of S. El Monte
City of Anaheim
City of West Covina
City of West Hollywood
City of LA Cañada Flintridge
IEUA
City of S. El Monte
City of West Covina
City of Cerritos
EVMWD
City of San Bernardino
LABOE
EMWD
City of Colton
City of Santa Ana
City of Glendora
Company Overview
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Packet Pg. 950 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
DBE &Active Certifications
GK & Associates currently has the following active certifications including WBE, MBE, SBE, SB, CBE, DBE with Caltrans, Metro, City of Los Angeles, and several other municipalities and agencies.
All necessary business, corporate, and contractor licenses and/or certificates are currently held and can be referenced below.
GK & Associates Certifications
City of Los
Angeles
LA County
SB Certification DBE/SBE Certification WBE/MBE Certification WBE/MBE Certification WBE/MBE Certification ID:1022098 ID:3710/CSUP 34210 ID:3710/34210 ID:10170 ID:85108 Staff Qualifications
GK & Associates is pleased to provide an outstanding team and a custom-tailored approach to help and represent the City of Moreno Valley’s best interests by providing Construction Management and Inspection Services for the Citywide Pavement Rehabilitation Program – Local Streets (Project No. 801 0089) and the Pavement Rehabilitation for Various Local Streets – CDBG FY 2021-22 (Project No. 801 0093). Our outstanding staff has vast knowledge and qualifications to manage this project effectively, within budget, and on time.
GK & A’s portfolio of key construction management and inspection related services includes, but is not limited to:
• Construction Management
• Construction Cost Estimating
• Constructability Reviews
• Deputy Inspection Services
• Scheduling, with knowledge of Primavera & Capital Improvement Program Office • Change Order & Claims Management
• Value Engineering
• Caltrans and Means Guide Rate Knowledge
• Experienced and highly knowledgeable of regulatory constraints that govern projects funded by ARRA, Davis Bacon and Prevailing wages
• Experienced on CEQA & NEPA Compliance Processes
• OSHA safety, Greenbook Specifications, and permit requirement knowledge We have been providing and assisting Public Agencies/municipalities with Staff Augmentation, Plan Check Services, Construction Management support services, Asset Management, including GASB Statement 34 compliance services, and Program Management support services for a number of years.
Please review our resume section for specific staff qualifications, starting on page 10.
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Packet Pg. 951 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
Understanding of Need
GK & Associates understand that the City of Moreno Valley is looking for a professional firm to provide Construction Management and Inspection Services for the Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 for local streets and the CDBG Pavement Rehabilitation for Various Local Streets. In accordance with the RFP requirements, GK & Associates will be providing Construction Management and Inspections Services. GK & Associates understands that these projects will provide pavement rehabilitation and preservation for approximately 270 local street segments throughout the City. It is understood that the project work will consist of localized pavement repairs, crack sealing, Type I slurry seal, removal and replacement of asphalt pavement surfaces, installation of traffic video detectors, traffic striping and signs. There will also be reconstruction of Grant Street.
GK & Associates also understands that project No. 801 0089 is estimated to take 150 working days and 120 working days on Project No. 801 0093. We have carefully reviewed all of the scope requirements under the RFP and are fully prepared to fill all of your needs as described in the RFP.
Scope of Services
Our scope of work is focused on delivering Construction Management and Inspection services in accordance with the RFP requirements. We have carefully reviewed all of the scope requirements under the RFP –Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 and Pavement Rehabilitation for Various Local Streets, and are fully prepared to fill all of your needs as described in the RFP. Therefore, rather than repeating the scope requirements in this proposal, we have summarized some of the elements of our approach which have broader implications in fulfilling your expectations.
Methodology
In describing our approach to various services required by City of Moreno Valley we begin, below, with some of the overriding principles which will guide our services to you. Skilled, thorough, and professional management and Inspection of construction activities related to the services identified in the RFP.
Understanding of Need &
Scope of Services
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• Regular communications with the City’s Project Manager, Engineers, Contractors, subcontractors, and other stakeholders.
• A communications directory will be maintained and up-to-date between our staff, City of Moreno Valley, City, state, local, federal regulatory agencies, design consultant, Project Manager, contractors, subcontractors, and other involved parties. • A “preventive” change order and construction claims mitigation process which anticipates construction issues before they surface as problems.
• A change order resolution process which is objective, fair, consistent and efficient and one that maintains a “partnered” approach to problem resolution. • Timely resolution of all RFIs and identification of their collateral impacts on construction costs and schedule.
• Verifying SWPPP compliance
• Sensitivity to surrounding community issues and maintenance of needed exchange of information with the developer and City of Moreno Valley. • A computerized document management system which allows for ready access to daily reports, construction agenda and meeting minutes, RFIs, change orders review and negotiation documents, and communication with project stakeholders. • A fully documented quality assurance program which incorporates all applicable construction quality standards.
• Strict adherence to job site safety standards, including safety awareness discussions in all weekly construction meetings.
Approach
1. Pre-construction meeting
Upon necessity, GK & Associates will lead the preconstruction meeting involving the contractor, Authority staff, utility companies, design engineer, and other stakeholders to discuss construction schedule, sequencing, construction safety issues and regular communication and coordination topics. At the meetings, our construction manager will provide the contractor with construction management plan and discuss the role, interaction and communication protocol between the construction contractors, the construction manager, the design consultants, the program manager, the Authority’s staff, and residents/property owners/business owners. An agenda will be distributed by GK & Associates to all participants in advance of this conference. The conference will address dispute resolution process, and transmittal, cataloguing and monitoring of RFIs and project submittals, including requests for substitution.
2. Weekly construction meetings
GK & Associates will hold weekly construction meetings with contractor to discuss various project activities, job safety issues, construction progress and construction issues. In each of these meetings construction schedule will be reviewed to chart the progress made to date and to discuss activities for the following week. GK & Associates will prepare minutes of each meeting for distribution to the contractor and City.
3. Monthly progress meetings
GK & Associates project manager will attend these monthly meetings with the Contractor, City staff, and other project participants on an as-needed basis. The purpose of these meetings is to A.29.b
Packet Pg. 953 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
report to City on-going construction issues including job safety, schedule, project completion, contractor payments requests and potential change orders. Our experience has shown that these meetings are more productive when held immediately following the contractor’s monthly payment requests. One of the most critical elements meetings will be the discussion of contractor’s earned value vs. project schedule. Any topics of importance to other stake holders would be brought up in these meetings. Minutes of the monthly meetings will be prepared and submitted to City within 72 hours of each meeting.
4. Progress payments
On a monthly basis we will review contractor earned value report and progress payment request. We will recommend to the City an appropriate payment based on our assessment of progress to date.
5. Construction management and inspection
GK & Associates will provide construction management and inspection activities for the duration specified per project by City.
6. Change Order Management
Change orders are a part of every construction project. However, a quality construction inspection process, led by a seasoned construction manager, can mitigate the collateral impacts of change orders and eliminate any construction claims.
7. Public Relations\
The Construction Manager will be the point of contact to address and resolve all project concerns and requests by residents, property owners, businesses, others, and City.
8. Safety Program
Monitoring of contractor’s safety program to ensure compliance with all OSHA, local, state and federal requirements.
9. Quality Review
Establish and implement a quality control program of the construction to guard City against defects and deficiency in the work of the Contractor, and transmit to City and Contractor a notice of noncompliance.
10. Testing Services
Coordination and monitoring of field and laboratory testing during construction, including review of test results and delivery of all testing results to City.
11. Traffic and Pedestrian Control
Review and monitor all traffic control and public safety plans for compliance with all applicable safety laws and regulations. Review all detours, lane closures, temporary access, delineation, and traffic control set-ups and report any deficiencies to the Contractor for immediate correction prior to the commencement of work for the day, on a daily basis. Notify Police, Fire, Sanitation, Parks, and any other affected City departments of any potential construction impacts.
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Packet Pg. 954 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
12. Construction photos
GK & Associates will be responsible for taking construction photos in digital media, capturing all critical activities. These photos will be properly catalogued and submitted to City as part of the permanent construction record.
13. Contract Record Drawings and Final Report
Based on marked up drawings, capturing all construction related changes by the contractor, GK & Associates will deliver to City one complete set of Mylar prints depicting as-built conditions.
The markups will be kept current as the project proceeds. We will prepare and submit to the District a final report which will summarize and discuss the performance of the contractor, contract changes including final cost and schedule revisions, and final resolution of significant contract issues.
14. Maintenance of Documents
Our Construction Manager will keep one record copy of all plans, drawings, specifications, and other contract documents for the project including addenda, change orders, submittals, shop drawings, transmittals, technical manuals, and reports on site at all times during the progress of the project. We will make records available to the program manager, design engineer, and City personnel within 48 hours if requested.
Our experience tells us that timely issue resolution prevents small construction issues from morphing into bigger problems. Our approach to this process is preventive. It is based on anticipation of construction issues before they become bigger problems. We do that through continuous charting of construction activities before initiation of these activities; thus, staying several steps ahead of the contractor.
We also focus heavily on dealing with charge orders with a sense of urgency, because a delayed response can morph small change orders into big ones, with potentially bigger claims.
In that context, we will be tracking project construction schedule diligently so any appropriate time extension requests by the contractor are dealt with in a timely manner. It is our experience that a predominant number of construction claims result directly from tardiness or inaction in addressing contractors’ claims for time extension.
15. Office Support, Project Management and Administration Assistance This task covers all the project management and administrative activities provided by the “home office” staff of GK & Associates. The effort by Ghazala Khan, who will serve as the Project Manager and office administrative and clerical staff in support of our field Inspector, is included in this task. As Project Manager, and Company Principal, Ms. Khan will make sure that our field work is being performed during monthly meetings with City staff and will support our Resident Engineer and field Inspector in coordination and communication of some of the critical aspects of the project with various stakeholders.
16. Storm Water Pollution Prevention Plan
Review, monitor, and ensure the contractor’s environmental compliance with NPDES/Best Management Practices (BMP) to prevent Storm Water Pollution from construction related activities and verify the contractor’s compliance with all local, State and Federal requirements.
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Packet Pg. 955 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
17. Project Close-out
Coordinate a final walk through with City, Contractor, Engineer, and other project personnel and develop a punch list of incomplete or deficient work which does not conform to the contract documents; make recommendations to City regarding final project approval and acceptance, and submit to the Authority a Notice of Completion signed by the Contractor.
Make recommendations to City of Moreno Valley regarding the final progress payment request and assist City during the project warranty period if corrective work is required. The Consultant shall prepare all documentation needed for project close-out and deliver all project documentation to City of Moreno Valley.
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Page9
Enrique Jimenez, P.E.
Chris Marquardt, CCM
Raymond Barajas, Inspector
Mark Korando, Inspector
Brian French, Inspector
Construction
Managers/Inspectors
Project Principal
Ghazala Khan, MSc, MBA
Organizational Chart
Key Personnel
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Packet Pg. 957 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
ENRIQUE JIMENEZ, P.E. Construction Manager
Summary of Experience
Mr. Jimenez is professional engineer with extensive experience with over 33 years of experience in CIP project management, construction management, and civil engineering including street, roadway rehabilitation, water, wastewater, storm drains, roadways, utilities and other public works projects.
He also has extensive experience with CBDG, ARRA and federally funded projects in compliance with LAPM. His responsibilities have included managing in-house engineering staff, consultants, contractors and public outreach. He has prepared and administered the design, engineering cost estimates, drawings, bids, specifications, and staff reports and made recommendations to Public Works Director and City Council. He has been fully involved with planning, budgeting, and selection of qualified consultants. Mr. Jimenez also has prepared environmental documents in compliance with state laws and ordinances and implemented required mitigation measures.
Relevant Experience
Agency: City of Norwalk
Contract Title: Studebaker Road Traffic Signal Project
Scope of Service: Mr. Jimenez was the Construction Manager for the traffic signal improvements along Studebaker Road to modernize 5 intersections to improve safety and traffic flow. The signal improvements upgraded signal hardware, installed new pedestrian countdown signal heads, installed fiber optic equipment, installed ADA-compliant curb ramps, and updated the signal timing coordination. Mr. Jimenez effectively managed all aspects of the project from the kickoff meeting to communication between all parties, to organization of all Change Orders, RFIs, submittals, Plans and specs, and miscellaneous project documentation for the federally funded project.
Agency: City of Downey
Contract Title: Paramount Blvd Traffic Signal Upgrades and Safety Enhancements Project Scope of Service: Mr. Jimenez was the Construction Manager for the Traffic Signal Upgrades and Safety Enhancement Project. Mr. Jimenez effectively managed the HSIP federally funded project. He managed and ran all progress meetings and the necessary roles and duties as the Construction Manager such as reviewing the constructability, supervise the work of the project inspector, review project schedule, prepare weekly working day statements, resolved issues, coordinated with the utility companies/ other agencies/City personnel on a regular basis, reviewed traffic control plans, and contractor payment requests. He also performed public outreach, survey work, and maintained full knowledge in the daily project operations.
Agency: City of South El Monte
Contract Title: Alesia Street and Lerma Road Street Improvements Scope of Service: Mr. Jimenez performed all responsibilities as the Construction Manager for the Community Development Block Grant Program (CDBG) Improvement Project. Mr. Jimenez successfully managed and administered this project in compliance with Caltrans LAPM. The rehabilitation project consisted of the removal and replacement of existing asphalt concrete pavement, replacement of concrete pedestrian ramps, damaged sidewalks, driveways, curb and gutter, adjust manholes and installation of new stripping. He coordinated the pre-construction meeting, startup and progress meetings with the City staff and contractors, prepared cost estimates, reviewed dailies, processed progress payments, RFIS, Change Orders, submittals, payment reconciliations, and other construction management duties.
EDUCATION
California State University
Fullerton: MS Civil Engineering
California State University
Long Beach: BS Mechanical
Engineering
Courses and Seminars related
to Public Works
CERTIFICATIONS
Registered Professional
Engineer, M31161; State of
California Contractor License
(Classes A & B), State No.
772677, State of California
INDUSTRY TENURE:
33 years +
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Packet Pg. 958 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
CHRIS MARQUARDT, CCM
Construction Manager / Senior Inspector
Summary of Experience
Mr. Marquardt is a Construction Manager and Senior Field Inspector with extensive experience with over 10 years of experience in Public Works CIP projects including Environmental Water and Sewer open cut pipeline installation, pump stations, trenchless pipeline installation including microtunneling, jack and bore, and CIPP lining as well as paving, manhole construction and ROW inspection. Mr. Marquardt was Senior Inspector for the San Diego Naval Base Fuel Reservoirs as well as the Escondido Blended RO Pipeline and Potable Water Reservoir. Other Projects include CMU and reinforced concrete structures, post tension concrete parking structures, military base barracks and naval fuel storage and delivery facilities.
Mr. Marquardt also has extensive experience providing storm water compliance (QSP) services to various public agencies and general contractors.
He has worked for private firms as well as public agencies and understands responsibilities of all stakeholders. Mr. Marquardt also holds various certifications from CMAA, NASSCO, ICC, State Water Board and American Concrete Institute.
Relevant Experience
Agency: City of Downey
Contract Title: Paramount Blvd Traffic Signal Upgrades and Safety Enhancements Project
Scope of Service: Mr. Marquardt was the lead Construction Manager for the Paramount Boulevard Traffic Signal Upgrades and Safety Enhancement Projects. Mr. Marquardt effectively managed the federally funded project which was funded through the Federal Highway Safety Improvement Program (HSIP) Cycle 7 funds awarded to the City of Downey. He managed and ran all progress meetings and the necessary roles and duties as the Construction Manager such as reviewing the constructability, supervise the work of the project inspector, review project schedule, prepare weekly working day statements, resolved issues, coordinated with the utility companies/ other agencies/City personnel on a regular basis, reviewed traffic control plans, and contractor payment requests. As the Construction Manager, he also performed public outreach, survey work, and maintained full knowledge in the daily project operations.
Agency: City of Alhambra
Contract Title: Marengo Ave Water Replacement and Street Rehabilitation Scope of Service: Mr. Marquardt was the Construction Manager and Inspector for the installation of 1800 LF of new 10” ductile iron potable water pipe. The work included 46 water service reconnections, 20 water service relocations with new meters, fire hydrant assemblies, abandonment of existing pipe, pressure testing and disinfection and tie in’s. The project also consisted of completed full street rehabilitation paving at end of the project. Mr. Marquardt was responsible for all Project Construction Management and Inspection duties for the City. He reviewed submittals, processed progress payments, ran progress meetings and reviewed Change Orders.
CERTIFICATIONS
Certified Construction Manager
CCM (CMCI)
NASSCO (National Association of
Sewer Companies)
• Cured in place pipe
Inspector (ITCP-CIPP)
• Pipeline Assessment and
Certification Program
(PACP)
• Manhole Assessment and
Certification Program
(MACP)
ICC Reinforced Concrete Special
Inspector
ICC Structural Masonry Special
Inspector
AWWA Certified Backflow Tester
AWWA Cross Connection Control
Specialist
City of San Diego Certified Special
Inspector
Qualified SWPPP Practitioner
(QSP)
Qualified Industrial SWPPP (QISP)
Certified Erosion, Sediment and
Storm Water Inspector (CESSWI)
OSHA 30 Construction Safety
Certified
OSHA Trench Shoring Certified
OSHA Permit Required Confined
Space Certified
INDUSTRY TENURE:
10 years +
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Packet Pg. 959 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
RAYMOND BARAJAS
Senior Inspector
Summary of Experience
Mr. Barajas has over 12 years’ of experience in the public works and construction field, 5 are in inspection of public works C.I.P. projects, primarily with City of Anaheim. He is well versed in determining work quality, safety, and city standards compliance. He is experienced with performing numerous projects consisting of grading and paving, sewers, storm drains, traffic signals, and other city department construction projects on a routine basis.
Raymond works effectively with contractors and owners to resolve issues for final approval and is a dependable inspector, making sure all projects are completed efficiently and effectively. He has coordinated the scheduling of work between developers, contractors, and city departments. In his years as Construction Inspector he was responsible for cost effectiveness of a project, quality control and quality assurance, keeping daily reports, plan review, corresponding with contractor and other City departments and ensuring public safety on the job site and surrounding streets.
Relevant Experience
Agency: City of Anaheim
Contract Title: La Palma Ave, Blue Gum, & Miraloma Ave Street Improvements
Scope of Services: Mr. Barajas provided inspection services for this $3.8 million, 5-month long project. This project consisted of new ADA access ramps, reconstructed AC section and 12” PCC intersection. He was responsible for conducting site inspections, plan check reviews, making recommendation, submitting daily reports with photographs. Mr. Barajas was also responsible for quality control and assurance to make sure construction methods and activities are in compliance with the City’s codes and standards.
Agency: City of Anaheim
Contract Title: Wagner House Voluntary Accessibility Improvements Project Scope of Services: Mr. Barajas was responsible for the inspection of this $1 million, 2 year project. This project consisted of new ADA compliant concrete walkway to access the courts and ADA ramps for the building. He was responsible for conducting field site inspections, plan check reviews, making recommendation, submitting daily reports along with photographs. Mr. Barajas was also responsible for quality control and assurance to make sure construction methods and activities are in compliance with the City’s codes and standards.
Agency: City of Anaheim
Contract Title: Orangethorpe Street Rehabilitation Project Scope of Service: Mr. Barajas provided inspection services to the $1.8 million, 3 month project. This project consisted of 4” AC grind & overlay as well as upgrades of sidewalk access ramps, curb & gutter, cross-gutter and sidewalks. He was responsible for conducting field site inspections, plan check reviews, making recommendation, submitting daily reports along with photographs.
EDUCATION
Santiago College – Public
Works Project Management,
construction & Inspection
Laborer Union School –
Journeyman Laborer
CERTIFICATIONS
• OSHA Certified 10/30
• Flagger Competent
Person
• Confined Space
Competent Person
• Forklift Certified
• Traffic Control
Competent Person
• Rigging Safety
Competent Person
• Fall Protection Safety
Competent Person
• Trench and Excavation
Safety Competent
Person
• Asbestos Awareness
• Lockout/Tag out Certified
• Electrical Safety
• Qualified SWPPP
Practioner Trained
INDUSTRY TENURE:
12+ years
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Packet Pg. 960 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
MARK KORANDO
Senior Inspector
Summary of Experience
Mr. Korando has over 28 years’ experience of inspection of public works C.I.P. projects in construction of Public Utility infrastructure, traffic management, and communication system projects. He has worked in cities throughout Los Angeles, Orange, San Diego, Riverside, San Bernardino counties, as well as for other agencies in southern and northern California. In addition, he has experience with Caltrans Districts 4, 7, 11 & 12 and is familiar with the State of California Standards, Specifications and the latest version of the CA-MUTCD.
Mark has extensive experience with utility design engineering, plan checking, Construction Inspection/Management, specifically inspecting the installation of new poles, conduits, signal heads, pedestrian heads and rewiring intersections. He has coordinated the scheduling of work between developers, contractors, City departments and private inspection agencies. In his years as Construction Inspector he was responsible for Caltrans, Federal Projects, City contracts, utility permits, all private and public right-of-way, on-site grading, cost effectiveness of a project, progress payments to contractors, keeping daily diaries, corresponding with contractor and other City departments and ensuring public safety on the job site and surrounding streets. He is also experienced with performing numerous street improvement projects including signal upgrades/modifications, raising medians, landscaped medians, street resurfacing, sewer/water projects and street widening.
Relevant Experience
Agency: City of Santa Monica
Contract Title: Street and Traffic Improvements throughout the City Scope of Services: Mr. Korando provided professional Construction Inspection services for this project which consisted of traffic signals and major and minor street improvements, including curb and gutter, medians, irrigation, sidewalk, and ADA compliant accessible ramps, as well as public underground and overhead facilities. Mr. Korando coordinated the overall work effort of the contractor to ensure the schedule was maintained and also scheduled employee interviews, coordinated RFI resolution and approved minor changes in the field. Mr. Korando was responsible for collaboration between the design engineers, the city Engineer, and construction foreman in order to keep delays and cost to a minimum. The project cost was estimated at $7M.
Mr. Korando demonstrated expert communication and foresight to coordinate with City departments to ensure public safety on the job site and surrounding streets. Mark is experienced in working with contractors specifically for public and Federal agencies.
Agency: City of Downey
Contract Title: Various Street and Traffic Improvements throughout the City Scope of Services: Mark provided professional Construction Inspection services for this project which consisted of several traffic signals and minor street-widening improvements, including curb and gutter, sidewalk, and ADA compliant accessible ramps, and public underground and overhead facilities. Mark coordinated the overall work effort of the contractor to ensure the schedule was maintained. Mr. Korando scheduled employee interviews, coordination of RFI’s and approved minor changes in the field, and ensured collaboration between the design engineers, the city Engineer, and construction foreman was necessary to keep delays and cost to a minimum. The total project cost was estimated at $9M.
EDUCATION/TRAINING
Orange Coast College -
1988
Costa Mesa, California
Geological Studies
Coastline Community
College – 1987
Garden Grove, California
Certified CADD
INDUSTRY TENURE
28 years
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Packet Pg. 961 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
EDUCATION/TRAINING
ACI Training
Grade 1, Confined Space
Training
Microsoft Excel Levels 1&2
CERTIFICATIONS
Construction Manager (1999)
INDUSTRY TENURE
18+ Years
BRIAN FRENCH Senior Inspector
Summary of Experience
Mr. French has over 18 years of extensive public works inspector experience and quality control. As a public works inspector, he has worked on asphalt and conventional asphalt overlay projects, storm drain installations and sewer lateral installation projects. His knowledge includes: Green Book, Caltrans Standards/Specs, WATCH Manual, and traffic control; knowledge of asphalt concrete and emulsion technologies; catch basin-poured-in-place or precise; junction structures and collars; ADA compliant concrete ramps and reports; concrete sidewalks, curbs, gutters, driveway approaches and x-gutters; metal beam guard railing; landscaping; median curbs; concrete, asphalt and rubber pavement; storm drains and sewer construction; SWPPP; sound walls and retaining walls; ductile iron water lines and channel slope paving.
He is also experienced in traffic signal lighting, traffic signal installation and wiring, and overhead signs and pole foundations; interconnections and street lights.
Relevant Experience
Agency: City of Downey
Contract Title: Street and Water Improvements on Lakewood Boulevard Scope of Services: Mr. French provided Street Inspection services on Lakewood Boulevard from Gallatin Road to 450-feet S/O Telegraph Road, and Lindell Avenue from I-5 NB off Ramp to Telegraph Road. He also prepared daily reports, collected quantities, managed residents and business owners concerns and questions very professionally. He attended all daily and weekly progress and schedule meetings as well as handled day-to-day handling of conflicting project requirements and many other demands to achieve the set goals for City of Downey’s project. This project involved traffic control, traffic signal and light improvements, street improvements, water service lines, potable and recycled water improvements, removing or salvaging existing water utilities.
Agency: City of Diamond Bar
Contract Title: Street Rehabilitation Area 5 Road Maintenance Project; Brea Canyon Cutoff Roadway and Drainage Improvements
Scope of Services: Mr. French served as a Senior Construction Inspector and was responsible for inspecting the pouring of new ADA compliant handicap ramps, sidewalks/driveways/curb and gutters, traffic control, coldmilling and paving AC. Brian’s work also included slurry, cape seal, crack sealing, weed abatement, backfilling, coldmilling, concrete driveways, concrete sidewalks, concrete aprons, concrete curb/gutters, signing and striping, monthly estimates, daily reports and pictures, employee interviews, SWPPP.
Agency: City of San Bernardino
Contract Title: State Street/ University Parkway Grade Separation Project Scope of Services: Mr. French was responsible for inspections of this $18 million, TCRP funded project involved the construction of a new grade separation structure over three active BNSF tracks and adjacent Cajon Blvd. The project is located within the City of San Bernardino and Muscoy, an unincorporated area within the County of San Bernardino. The project also realigned the roadway to the southeast and grade separated the roadway and railroad crossing such that the roadway goes over the BNSF tracks and adjacent Cajon Blvd. Other project elements involved an MSE-walled embankment on the south side of Cajon Boulevard, local street realignment of State St., University Pkwy., Cajon Blvd. widening/realignment of Short St. and two soil nail walls.
A.29.b
Packet Pg. 962 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
CITY OF DOWNEY
Project Descriptions: GK & Associates is currently providing a variety of construction management and inspection services for multiple CIP projects in the City of Downey. Past and current projects vary from minor traffic signal upgrades and modifications to City-wide Fiber Optic installations to full citywide sewer rehabilitation and intersection and roadway widening. These projects include street rehabilitations, storm drain systems, major utility "undergrounding" and ADA compliance elements.
When a project involves federal funding, GK & Associates’ Inspectors are responsible for maintaining field compliance requirements as well as conducting federally mandated contractor/employee interviews for "end of project" and certified payroll audits. Quality assurance activities involve inspection of the work including Traffic Signal Upgrades, Street Lighting, A.C. pavement, dry utilities, water, sewer, storm drain, curb and gutter, and sidewalks.
GK & Associates has worked on multiple projects for the City of Downey, including the Firestone Boulevard Water Systems Improvement; Lakewood Boulevard Street and Water Systems Improvements; Paramount Boulevard Fiber Optic Installation Project - Phase 1 & 2; Florence Avenue Fiber Optic City-Wide Installation Project; Bellflower/Imperial Highway Street Improvement and Utility Undergrounding Project; and multiple traffic signal modifications and new installation projects.
Reference: Mr. Edwin “Ed” Norris
Director Public Works
City of Downey
11111 Brookshire Ave.
Downey, CA 90241-7016
(562) 904-7109
City of Downey Project Site Pictures
Relevant Experience
Mr. Desi Gutierrez
Principal Civil Engineer
City of Downey
11111 Brookshire Ave.
Downey, CA 90241-7016
(562) 904-7110
A.29.b
Packet Pg. 963 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
CONSTRUCTION MANAGEMENT & INSPECTION
CITY OF BREA
Project Description: GK & Associates has previously provided Construction Management and Inspection services for over eight projects in the City of Brea. GK & Associates’ professional consulting services included Engineering Design, Construction Management and Inspection services for its Capital Improvement Program. These projects included several street rehabilitation, water main installations, rehabilitation, and installation of new pipelines, working with developers to build out several new housing communities throughout Brea, rehabilitation of existing pipelines, storm drain systems, and ADA compliance.
References:
Mr. Delfino “Chino” Consunji, PE
Deputy Director of Public Works / City Engineer
(*Currently Public Works Director, City of Downey)
City of Brea
1 Civic Center Circle
Brea, CA 92821
(714) 686-8911
[email protected]
City of Brea Project Site Pictures
A.29.b
Packet Pg. 964 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
CITY OF NORWALK
Project Description: GK & Associates has previously provided the City of Norwalk with Construction Management and Inspection services for the City of Norwalk Wellhead Facilities and Pipelines. The facilities, which are federally funded, will significantly reduce the City’s reliance on the water purchases from MWD. Our involvement on this project has spanned virtually every aspect of project implementation during construction, including overall project coordination, communication, scheduling, estimating, contract document reviews, value engineering, bidding and awarding, contract administration, field inspection, quality control, document maintenance, labor compliance, change orders, progress payments, progress reports, material testing, equipment and system testing, start up, trouble shooting, federal funding reporting, and contract closeout.
GK & Associates is also currently providing Construction Management and Inspection services for Traffic Signal Upgrades. This project is located on Studebaker Road between Rosecrans Avenue and Alondra Boulevard where there are traffic signal improvements along the corridor to modernize 5 intersections to improve safety and traffic flow. These signal improvements will upgrade signal hardware, install new pedestrian countdown signal heads, install fiber optic equipment, install ADAcompliant curb ramps, and update the signal timing coordination. The upgrade of a total of 5 signalized intersections will be inspected and managed by GK & Associates knowledgeable staff.
References:
Mr. Dan Garcia
City Engineer
City of Norwalk
12700 Norwalk Boulevard
Norwalk, CA 90650
Phone: 562-929-5727
City of Norwalk Project Site Pictures
Mr. Glen Kau, P.E.
Public Services Director
City of Norwalk
12700 Norwalk Boulevard
Norwalk, CA 90650
Phone: (562)929-5511
[email protected]
A.29.b
Packet Pg. 965 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
CITY OF LA CANADA FLINTRIDGE
Project Description GK & Associates has recently provided the City of La Canada Flintridge with Construction Management and Inspection services for various street, traffic, and water/wastewater Improvement Project. Our involvement on these projects spanned virtually every aspect of project implementation during construction, including overall project coordination, communication, scheduling, contract document reviews, contract administration, field inspection, quality control, document maintenance, labor compliance, change orders, progress payments, progress reports, material testing, equipment and system testing, start up, trouble shooting, federal funding reporting, and project closeout. All projects were effectively completed on time and within budget by our experienced Construction Manager and/or Inspector during the life of the on-call contract.
Reference:
Mr. Nasser Shoushtarian, PE
Senior Civil Engineer
City of La Canada Flintridge
(818)790-8882
[email protected]
City of La Canada Flintridge Project Site Pictures
-
A.29.b
Packet Pg. 966 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
1. This RFP shall be incorporated in its entirety as a part of our proposal.
2. The RFP and GK & Associates proposal will jointly become part of the Agreement for Professional Consultant Services for this project when said Agreement is fully executed by GKA and the City of Moreno Valley.
3. GKA Services to be provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified.
4. GK & Associates acknowledges to provide all necessary vehicles, equipment, tools, uniforms, all incidentals for the staff member(s) to perform the required services. Full compensation for providing vehicles, equipment, tools, uniforms, all incidentals shall be considered to be included in the ‘Not-to-Exceed” fee as part of the Cost Proposal, and no additional compensation will be allowed therefor.
5. GK & Associates acknowledges and understands that the we will provide a qualified alternate staff in the event of the primary staff is not able to come to work.
6. All charges for GKA services is a “Not-to-Exceed” fee which must include conservatively estimated reimbursable expenses, as submitted with and made a part of said GKA Proposal.
7. GK & Assocaites will document and provide the results of the work to the satisfaction of the City.
This may include preparation of field and final reports, or similar evidence of attainment of the Agreement objectives.
8. Said hourly rate schedule is part of GK & Associates Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP.
9. GK & Associates will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
10. All federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to.
11. GK & Associates shall allow all authorized federal, state, county, and City officials access to place of work, books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent to this special project. All relevant records shall be retained for at least three years.
12. GK & Associates shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC 276-a through a-7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code. Pursuant to the said regulations, entitled “Federal Labor Standards Provisions,” Federal Prevailing Wage Decision” and State of California prevailing wage rates, respectively.
13. GK & Associates shall comply with the Copeland Anti-Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.
14. GK & Associates offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Consultant, without further acknowledgment by the parties.
Statements
A.29.b
Packet Pg. 967 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
PROJECT NO. 801 0089
Task/ Classifiction
Construction ManagerConstruction Inspector
1 Construction Management
1.1 PS&E Review; field review; CCO review and
negotiations 30
1.2 Meetings (Pre-construction & weekly progress) 40 30
1.3 Management: Facilitate, Cordinate and oversee
daily activities 60 30
1.4 Coordination with utilities, agencies & City Staff 25
1.5 Maintain record copies of all critical documents
for the project 60 60
1.6 Communications 45 30
2 Construction Inspection
2.1 Administrative 15 100
2.2 Communication 7.5 200
2.3 Review Plans & Specs 15 150
2.5 Progress construction Meetings 15 30
2.6 Daily Diaries; Incident reports; digital pictures 22.5 280
2.7 Coordinate Material sampling 7.5 30
3 Labor Compliance
3.1 Review Certified Payroll Documents 15
3.2 Conduct Contractor & Subcontractor Interviews 15 60
3.3 Reporting 22.5 160
4 Project Closeout
3.1 Final Punchlist (Job Walk through) 15 10
3.2 Final Documentation (Project Completion Report) 30 20
3.3 Record Drawings 10 10
Total Labor Hours 450 1200
Resource Allocation Matrix
A.29.b
Packet Pg. 968 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
PROJECT NO. 801 0093
Task/ Classifiction
Construction Manager
Construction Inspector
1 Construction Management
1.1 PS&E Review; field review; CCO review and
negotiations 24
1.2 Meetings (Pre-construction & weekly progress) 32 24
1.3 Management: Facilitate, Cordinate and oversee
daily activities 48 24
1.4 Coordination with utilities, agencies & City Staff 20
1.5 Maintain record copies of all critical documents
for the project 48 48
1.6 Communications 32 24
2 Construction Inspection
2.1 Administrative 12 80
2.2 Communication 6 160
2.3 Review Plans & Specs 12 120
2.5 Progress construction Meetings 14 24
2.6 Daily Diaries; Incident reports; digital pictures 18 224
2.7 Coordinate Material sampling 8 24
3 Labor Compliance
3.1 Review Certified Payroll Documents 12
3.2 Conduct Contractor & Subcontractor Interviews 12 48
3.3 Reporting 18 128
4 Project Closeout
4.1 Final Punchlist (Job Walk through) 12 8
4.2 Final Documentation (Project Completion Report) 24 16
4.3 Record Drawings 8 8
Total Labor Hours 360 960
A.29.b
Packet Pg. 969 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY GK & Associates
• Non-Collusion Affidavit
Certification
A.29.b
Packet Pg. 970 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY RFP for Professional Consultant Construction Management and Inspection Services Project Nos. 801 0089 & 801 0093 April 2022
Attachment A: Non-Collusion Affidavit
Note: To be executed by Proposer and submitted with proposal.
State of (the State of the place of business)
County of (the County of the place of business)
, being first duly sworn, deposes and
(name of the person signing this form)
says that he/she is of
(title of the person signing this form)
, the party making the foregoing bid
(name of bidding company)
that such bid is not made in the interest of or on the behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder or to fix any overhead profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true, and further, that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in the general business.
By:
(signature)
Printed Name: (name of the person signing this form)
Title: (title of the person signing this form)
California
Los Angeles
Ghazala Khan
President
EC & AM Associates, Inc, DBA GK & Associates
Ghazala Khan
President
A.29.b
Packet Pg. 971 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY
EXHIBIT C
CITY - SERVICES TO BE PROVIDED
TO CONSULTANT
1. Furnish the Consultant all in-house data which is pertinent to services to be performed by the Consultant and which is within the custody or control of the City, including, but not limited to, construction drawings, specifications, copies of record and off-record maps and other record and off-record property data, right-of-way maps and other right-of-way data, pending or proposed subject property land division and development application data, all newly developed and pertinent design and project specification data, and such other pertinent data which may become available to the City.
2. Provide timely review, processing, and reasonably expeditious approval of all submittals by the Consultant.
3. Provide timely City staff liaison with the Consultant when requested and when reasonably needed.
A.29.b
Packet Pg. 972 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY
EXHIBIT D
TERMS OF PAYMENT
1. The Consultant's compensation shall not exceed $ 269,700.00 .
2. The Consultant will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at: http://www.moval.org/do_biz/biz-license.shtml
3. The Consultant will electronically submit an invoice to the City once a month for progress payments along with documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month.
At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any progress payment shall be final. The consultant will submit all original invoices to Accounts Payable staff at [email protected]
Accounts Payable questions can be directed to (951) 413-3073.
Copies of invoices may be submitted to the Capital Projects at email:
[email protected] or calls directed to (951) 413-3130.
4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the A.29.b
Packet Pg. 973 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
5. The minimum information required on all invoices is:
A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.
6. The City shall pay the Consultant for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
A.29.b
Packet Pg. 974 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY Tele: 909-595-1940, Fax: 909-595-1314, Email: [email protected]
3333 Brea Canyon Road, Ste.120
Diamond Bar, CA 91765
www.gkandassociates.com
Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program Fiscal Year 2021-22
(Local Streets)
Project No. 801 0089
150 Working Days
Working
Task/ Position Days Hours Rate Total Cost
Construction Manager 150 450 $178.00 $80,100.00
Construction Inspector 150 1,200 $ 158.00 $ 189,600.00
Grand Total Estimated Fee: $ 269,700.00
GK & Associates will bill according to actual time spent on the project. If project exceeds 150 working days, we will bill on time and material basis.
Calculation of Hours:
CM:
150 working days x 3hr/day = 450 hours total hours
Utility Inspector:
150 working days x 8hr/day= 1200 hours total hours
Cost Proposal
A.29.b
Packet Pg. 975 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY Tele: 909-595-1940, Fax: 909-595-1314, Email: [email protected]
GK & ASSOCIATES
STANDARD HOURLY RATE SCHEDULE 2022
EFFECTIVE FOR ONE YEAR FROM SIGNED CONTRACT DATE
CLASSIFICATION
Construction Manager
Prevailing Wage Senior
Inspector*
*Based on a minimum of 4
hours field Inspection.
HOURLY RATES
$178
$158
GK & Associates’ rates are subject to yearly increases based on Consumer Price Index (CPI).
A.29.b
Packet Pg. 976 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY
EXHIBIT E
INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession.
Minimum Limits of Insurance
Consultant shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer’s Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
A.29.b
Packet Pg. 977 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY
4. Professional Liability (Errors and Omissions):
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess Insurance
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Deductibles and Self-Insured Retentions
Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection afforded to City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
3. Consultant’s insurance coverage shall be primary and no contribution shall be required of City.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
A.29.b
Packet Pg. 978 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to City for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.
Verification of Coverage
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
A.29.b
Packet Pg. 979 Attachment: Agreement with GK & Associates (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE COMPANY 1 AGREEMENT FOR PROFESSIONAL CONSULTANT
GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR
CITYWIDE PAVEMENT REHABILITATION PROGRAM FY 2021-22
(LOCAL STREETS)
PROJECT NO. 801 0089
This Agreement is made and entered into this ______ day of _____________ 2022 by and between the City of Moreno Valley, California, a municipal corporation, hereinafter described as "City," and LOR Geotechnical Group, Inc., a California corporation, hereinafter described as "Consultant."
RECITALS
WHEREAS, the City has determined it is in the public interest to proceed with the professional services hereinafter described as "Geotechnical and Material Testing Services for the Citywide Pavement Rehabilitation Program FY 2021-22 (Local Streets) Project No. 801 0089” hereinafter described as “PROJECT”; and
WHEREAS, the City has determined the Geotechnical and Material Testing Services involve the performance of professional and technical services of a temporary nature as more specifically described in Exhibit A (City's Request for Proposal) and Exhibit B (Consultant's Proposal) hereto; and
WHEREAS, the City has requested the Consultant to perform such Geotechnical and Material Testing Services for Capital Projects Division of the Public Works Department; and WHEREAS, the Consultant is professionally qualified in California to perform the professional services as required, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; THEREFORE, the City and the Consultant, for the consideration hereinafter described, mutually agree as follows:
A.29.c
Packet Pg. 980 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 2 DESCRIPTION OF SERVICES
1. The services are to perform geotechnical and material testing for the construction of the PROJECT for compliance with construction drawings, specifications, applicable quality control standards, and applicable codes and regulations.
SCOPE OF SERVICES
2. The Consultant's scope of service is described on Exhibit B attached hereto and incorporated herein by this reference. In the event of a conflict, the City's Request for Proposal (Exhibit A) shall take precedence over the Consultant's Proposal.
3. The City's responsibility is described on Exhibit C attached hereto and incorporated herein by this reference.
PAYMENT TERMS
4. The City agrees to pay the Consultant and the Consultant agrees to receive a "Notto-Exceed" fee of $174,460.00 in accordance with the payment terms provided on Exhibit D attached hereto and incorporated herein by this reference.
TIME FOR PERFORMANCE
5. The Consultant shall commence services upon receipt of written direction to proceed from the City.
6. The Consultant shall perform the work described on Exhibits A and B in accordance with the start date as stated in the Notice to Proceed.
7. This Agreement shall be effective from effective date and shall continue in full force and effect date through December 30, 2023, subject to any earlier termination in accordance with this Agreement. The services of Consultant shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement.
8. (a) The Consultant agrees that the personnel, including the principal Project A.29.c
Packet Pg. 981 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 3 manager, and all subconsultants assigned to the Project by the Consultant, shall be subject to the prior approval of the City.
(b) No change in subconsultants or key personnel shall be made by the Consultant without written prior approval of the City.
SPECIAL PROVISIONS
9. It is understood and agreed that the Consultant is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Consultant or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.
10. The Consultant may also retain or subcontract for the services of other necessary consultants with the prior written approval of the City. Payment for such services shall be the responsibility of the Consultant. Any and all subconsultants employed by the Consultant shall be subject to the terms and conditions of this Agreement, except that the City shall have no obligation to pay any subconsultant for services rendered on the Project.
11. The Consultant and the City agree to use reasonable care and diligence to perform their respective services under this Agreement.
12. The Consultant shall comply with applicable federal, state, and local laws in the performance of work under this Agreement.
13. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Consultant agrees as follows:
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Packet Pg. 982 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 4 (a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) If Consultant should subcontract all or any portion of the services to be A.29.c
Packet Pg. 983 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 5 performed under this Agreement, Consultant shall cause each subcontractor to also comply with the requirements of this Section 13.
14. To the furthest extent allowed by law (including California Civil Code section 2782.8 if applicable), Consultant shall indemnify, hold harmless and defend the City, the Moreno Valley Community Services District (“CSD”), the Moreno Valley Housing Authority (“Housing Authority”) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
15. Insurance.
(a) Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit E or as may be authorized in writing by the City Manager or his/her designee at any time and in his/her sole discretion. (b) If at any time during the life of the Agreement or any extension, Consultant or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the A.29.c
Packet Pg. 984 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 6 required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Consultant of its responsibilities under this Agreement.
The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
(d) Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to provide insurance protection in favor of City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Consultant and City prior to the commencement A.29.c
Packet Pg. 985 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 7 of any services by the subcontractor.
16. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
17. Consultant and subconsultants shall pay prevailing wage rates when required by the Labor Laws of the State of California.
18. (a) The Consultant shall deliver to the Public Works Director/City Engineer of the City or his designated representative, fully completed and detailed project-related documents which shall become the property of the City. The Consultant may retain, for its files, copies of any and all material, including drawings, documents, and specifications, produced by the Consultant in performance of this Agreement.
(b) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(c) The City agrees to hold the Consultant free and harmless from any claim arising from any unauthorized use of computations, maps, and other documents prepared or provided by the Consultant under this Agreement, if used by the City on other work without the permission of the Consultant. Consultant acknowledges that Consultant work product produced under this agreement may be public record under State law.
19. (a) This Agreement shall terminate without any liability of City to Consultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Consultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s nonappropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of A.29.c
Packet Pg. 986 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 8 this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. The written notice shall specify the date of termination. Upon receipt of such notice, the Consultant may continue services on the project through the date of termination, provided that no service(s) shall be commenced or continued after receipt of the notice, which is not intended to protect the interest of the City. The City shall pay the Consultant within thirty (30) days after the date of termination for all non-objected to services performed by the Consultant in accordance herewith through the date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (b) In the event of termination due to failure of Consultant to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, City’s damages caused by such failure. In no event shall any payment by City pursuant to this Agreement constitute a waiver by City of any breach of this Agreement which may then exist on the part of Consultant, nor shall such payment impair or prejudice any remedy available to City with respect to the breach. (c) Upon any breach of this Agreement by Consultant, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
(d) Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common A.29.c
Packet Pg. 987 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 9 carriers. Consultant shall notify City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.
20. This Agreement is binding upon the City and the Consultant and their successors and assigns. Except as otherwise provided herein, neither the City nor the Consultant shall assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the other.
21. A City representative shall be designated by the City and a Consultant representative shall be designated by the Consultant. The City representative and the Consultant representative shall be the primary contact person for each party regarding performance of this Agreement. The City representative shall cooperate with the Consultant, and the Consultant's representative shall cooperate with the City in all matters regarding this Agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.
22. This Agreement represents the entire and integrated Agreement between the City and the Consultant, and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties.
23. Where the payment terms provide for compensation on a time and materials basis, the Consultant shall maintain adequate records to permit inspection and audit of the Consultant's time and materials charges under this Agreement. The Consultant shall make such records available to the City at the Consultant's office during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records. Except as may be otherwise required by law, such records will be available only to the City. Such records shall be A.29.c
Packet Pg. 988 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 10 maintained by the Consultant for three (3) years following completion of the services under this Agreement.
24. The City and the Consultant agree, that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
25. (a) Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Consultant shall immediately notify City of these facts in writing.
(b) In performing the work or services to be provided hereunder, Consultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body.
This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(c) Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement A.29.c
Packet Pg. 989 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 11 or any rights/benefits hereunder.
(d) Neither Consultant, nor any of Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Consultant shall remain responsible for complying with Section 25(a), above.
(e) If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Consultant shall include the provisions of this Section 25 in each subcontract and require its subcontractors to comply therewith.
(f) This Section 25 shall survive expiration or termination of this Agreement.
26. All Plans, drawings, Specifications, reports, logs, and other documents prepared by the Consultant in its performance under this Agreement shall, upon completion of the project, be delivered to and be the property of the City, provided that the Consultant shall be entitled, at its own expense, to make copies thereof for its own use.
27. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall also govern the interpretation of this Agreement. Venue shall be vested in the Superior Court of the State of California, County of Riverside.
28. Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
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Packet Pg. 990 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0089 12 “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
Consultant hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Consultant who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, which may provide services to City under the Agreement, prior to such person performing any services thereunder. Nothing herein shall be deemed or interpreted to limited a CalPERS retiree’s obligations under applicable law, rules or regulations.
SIGNATURE PAGE FOLLOWS
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Packet Pg. 991 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley LOR Geotechnical Group, Inc.
BY: BY:
Mike Lee, City Manager Name:
TITLE:
(President or Vice President)
Date
Date
BY:
Name:
TITLE:
(Corporate Secretary)
Date
Enclosures: Exhibit “A” – City's Request for Proposal
Exhibit “B” – Consultant’s Proposal
Exhibit “C” – City’s Services to be Provided to Consultant Exhibit “D” – Terms of Payment
Exhibit “E” – Insurance Requirements
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
Date
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Packet Pg. 992 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE Capital Projects Division Page 1 of 11
City of Moreno Valley
Request for Proposal
Professional Geotechnical and Material Testing Services Project No. 801 0089
Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 (Local Streets)
and
Project No. 801 0093
Pavement Rehabilitation for Various Local Streets (CDBG FY 2021-22) Proposal Due Date:
May 9, 2022 at 2:00 pm, PST
Submit proposal online at:
https://www.planetbids.com/portal/portal.cfm?CompanyID=24660 Contact:
Capital Projects Division
Email: [email protected]
Phone: (951) 413-3130
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Packet Pg. 993 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project Nos. 801 0089 & 801 0093
Capital Projects Division Page 2 of 11
I. Invitation
You are hereby invited to submit a Proposal for Geotechnical and Material Testing Services for two (2) projects, Project Nos. 801 0089 and 801 0093, for the City of Moreno Valley. Interested parties may register and download copies of the Request for Proposal (RFP) via City’s online vendor portal at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=24660 To download proposal packages and submit proposals, prospective proposers will be required to pay an online usage download fee of $10.00. All documents associated with this RFP will be downloadable after the fee has been paid. Once the proposer downloads any documents relative to a solicitation, that proposer’s name will appear on the Prospective Bidders List.
Proposals shall be submitted electronically (in PDF format) utilizing the above City’s vendor portal.
NOTE: The proposer shall submit a separate electronic file for their technical proposal and two (2) separate electric files for cost proposals, one cost proposal for each project.
The proposer is 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 bid was submitted successfully. Transmission of proposals by any other means will not be accepted.
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the proposal 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 proposer to successfully submit an electronic proposal shall be at the proposer’s 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 directly 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 proposal submission deadline.
II. Schedule of Important Dates
The following dates are critical in order to have the required services start in mid-July 2022.
DATE EVENT
1 May 9, 2022 Proposal due date
2 May 20, 2022 Proposals Review and Consultant Selection Complete 3 June 7, 2022 Service Contract Award by City Council
4 Mid-July 2022 Start of Service
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Packet Pg. 994 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project Nos. 801 0089 & 801 0093
Capital Projects Division Page 3 of 11
III. Scope of Services
The City of Moreno Valley seeks the submission of proposals to provide Geotechnical and Material Testing Services for the Citywide Pavement Rehabilitation Program – Local Streets (Project No. 801 0089) and the Pavement Rehabilitation for Various Local Streets – CDBG FY 2021-22 (Project No. 801 0093) for the Capital Projects Division from interested and qualified proposers. The geotechnical and material testing services shall effectively and efficiently ensure that all work complies with the approved construction documents and applicable codes and regulations.
These projects provide pavement rehabilitation and preservation for approximately 270 local street segments throughout the City. The work includes localized pavement repairs; crack sealing; application of Type 1 slurry seal; removal and replacement of asphalt pavement surfaces; installation of permanent traffic video detector; and reestablishment of traffic striping and signs.
The work also includes the reconstruction on Grant Street with curbs, gutters, sidewalks and new pavement section. The projects include base bid work items and additive bid work items with a total of 150 working days for the Contractor to complete the construction of Project No. 801 0089 and 120 working days for Project No. 801 0093.
Please refer to project’s Contract Documents (Attachments D and E) and Construction Plans (Attachments F and G) for more information.
The consultant is to provide the following material sampling and testing services for conformance with the project specifications. The required services involved in this project are summarized as follows:
Pre-production Testing of Slurry Seal - Testing of slurry seal mix design which is to be reviewed by a registered Civil Engineer or Geotechnical Engineer; mix design conformance testing on the aggregate, emulsion, and accelerator/retardant to be used; testing the emulsion to determine particle charge, distillation, percent residue, and viscosity SSF; testing the aggregate to determine the washed gradation; determining sand equivalents; and obtain field samples for extraction tests, consistency tests, and wet track abrasion tests to confirm mix design compliance.
Production Testing of Slurry Seal – Sample and test materials twice weekly for percent emulsion, percent residual asphalt, consistency, and wet track abrasion, with testing scheduled within 24- hours of the Inspector's request for tests. Documentation of the test results shall be made available immediately in the field, followed by faxed reports within 48-hours to the City and the Contractor with a more formal file document to follow.
Construction observation and testing of aggregate base and subgrade materials – observe the scarification and re-compaction processes of the subgrade materials, observe the placement process of the aggregate base, and perform material and compaction testing for compliance with the project specifications.
Testing of HMA/ ARHM and Placement Observation – Review mix design, observe and perform testing for construction activities including but not limited to subgrade preparation and recompaction of soft areas, placement of aggregate base, and placement of asphalt hot mix base course and re-compaction, and ARHM surfacing or final HMA cap paving and compaction.
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Packet Pg. 995 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project Nos. 801 0089 & 801 0093
Capital Projects Division Page 4 of 11
Testing of PCC – Review mix design and perform testing on PCC materials to be used for access ramps reconstruction.
The consultant may be requested to perform additional work as requested and approved in advance by the City (if budget allows) as necessary to complete the project.
IV. Community Workforce Agreement:
For project construction contract cost is $1,000,000 or more, the Consultant and each Subconsultant (if any) shall execute a Letter of Assent which formally binds the Consultant and Subconsultant(s) to the terms of the Community Workforce Agreement by and Between the City of Moreno Valley and San Bernardino/Riverside Counties Building and Construction Trades Council, AFL-CIO and the Signatory Craft Councils and Unions (“CWA”). A copy of the CWA and the Letter of Assent is attached as Appendix C for reference. By submitting a proposal for the requested services, the Consultant and Subconsultant(s) acknowledge that they have read the CWA and will execute the Letter of Assent binding themselves to the terms of the CWA applicable to this project, and will provide copies of the sign Letters of Assent to the City prior to performing any work on the project.
V. Proposal Format
Proposals shall be submitted electronically (in PDF format) utilizing the above City’s vendor portal.
The proposer shall submit a separate electronic file for their technical proposal and a separate electric file for cost proposal.
The Consultant’s Proposal shall be no more than 20 pages, excluding a cover letter of up to two pages, dividers, and certificates. 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 will not be given further consideration
A. Technical Proposal
Technical Proposal should include, but not be limited to, the following items:
1. Proposer’s approach and understanding of all necessary tasks and steps involved for completing the required services;
2. A detailed scope of services to reflect the methods and procedures that the proposer intends to use to provide the required services. The scope of services outlined in this RFP is only provided as a guide and does not include all the tasks as required to complete the work.
3. List of staff member(s) who will provide the required services along with resume, certifications, and relevant experience. Please note that the City reserves the right to accept or reject any changes in the proposed staff member(s) during the term of the agreement.
4. List of similar projects or tasks performed by the proposed staff member(s).
A.29.c
Packet Pg. 996 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project Nos. 801 0089 & 801 0093
Capital Projects Division Page 5 of 11
5. Number of hours per week for each proposed staff that the firm can commit to provide the required services.
6. List of references.
7. Completed forms as required.
The following statement are required to be included in the proposal:
1. A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's Proposal.
2. A statement that this RFP and the Consultant's Proposal will jointly become part of the Agreement for Professional Consultant Services for this project when said Agreement is fully executed by the Consultant and the City of Moreno Valley.
3. A statement that the Consultant’s Services to be provided, and fees therefore, will be in accordance with the City's RFP except as otherwise specified in the Consultant's Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL."
4. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" (if needed) containing a complete and detailed description of all of the exceptions to the provisions and conditions of this RFP upon which the Consultant’s Proposal is contingent and which shall take precedent over this RFP.
5. A statement of qualifications applicable to this project including the names, qualifications and proposed duties of the Consultant’s Staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact. If one 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.
6. A statement that the Consultant acknowledges to provide all necessary vehicles, equipment, tools, uniforms, all incidentals for the staff member(s) to perform the required services. Full compensation for providing vehicles, equipment, tools, uniforms, all incidentals shall be considered to be included in the ‘Not-to-Exceed” fee as part of the Cost Proposal, and no additional compensation will be allowed therefor.
7. A resource allocation matrix must be submitted with the Proposal. The resource allocation matrix must list detailed tasks in rows and the appropriate individual (Job Title Only) as well as the number of hours that these individuals will be working on each task listed, will be included in adjacent columns.
8. A statement that the Consultant acknowledges and understands that the Consultant will provide a qualified alternate staff in the event of the primary staff is not able to come to work.
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Packet Pg. 997 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project Nos. 801 0089 & 801 0093
Capital Projects Division Page 6 of 11
9. A statement that all charges for Consultant services is a “Not-to-Exceed” fee which must include conservatively estimated reimbursable expenses, as submitted with and made a part of said Consultant's Proposal.
10. A statement that the Consultant will document and provide the results of the work to the satisfaction of the City. This may include preparation of field and final reports, or similar evidence of attainment of the Agreement objectives.
11. A statement that said hourly rate schedule (which is to be included in the Cost Proposal as required below) is part of the Consultant's Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP.
12. A statement that the Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
13. A statement that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to.
14. A statement that the Consultant shall allow all authorized federal, state, county, and City officials access to place of work, books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent to this special project. All relevant records shall be retained for at least three years.
15. A statement that the Consultant shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC 276-a through a-7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code.
Pursuant to the said regulations, entitled “Federal Labor Standards Provisions,” Federal Prevailing Wage Decision” and State of California prevailing wage rates, respectively.
16. A statement that the Consultant shall comply with the Copeland Anti-Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.
17. A statement that the Consultant offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Consultant, without further acknowledgment by the parties.
B. Cost Proposal
Cost Proposal shall include, but not be limited to, the following items:
1. A “Not-to-Exceed” Fee that includes all costs associated with the delivery of the required services. The fee estimate shall be based on the number of hours staff member(s) are required to perform the required services for the duration of the project construction.
A.29.c
Packet Pg. 998 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project Nos. 801 0089 & 801 0093
Capital Projects Division Page 7 of 11
2. A rate schedule aligned with titles in the resource allocation matrix in Technical Proposal.
VI. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES
The Consultant shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.
The Consultant is required to submit certified payrolls weekly. This applies to all applicable field personnel working on the project. In accordance with Section 1771.5 (b) (5) of the California Labor Code, the City will withhold payments when the payroll records are delinquent or inadequate.
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of Section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
Consultant hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Consultant who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, which may provide services to City under the Agreement, prior to such person performing any services thereunder. Nothing herein shall be deemed or interpreted to limited a CalPERS retiree’s obligations under applicable law, rules or regulations.
VII. PAYMENT TO CONSULTANT AND INVOICING
A. This work is to be performed for a “Not-to-Exceed” Fee.
B. The Consultant shall provide a “Cost Proposal” indicating the fee for individual staff member(s) with a “Not-to-Exceed” Fee which shall be the sum of all costs as described above.
C. Consultant invoices shall be submitted to the City monthly for review and approval for payments.
D. Invoices shall identify job title, person-hours, and costs incurred by each staff member.
A.29.c
Packet Pg. 999 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project Nos. 801 0089 & 801 0093
Capital Projects Division Page 8 of 11
E. The City will pay the Consultant for work hours completed for each month.
F. Reimbursement costs related to vehicle/transportation, mileage, printing, telephone, photograph, postage and delivery, equipment, tools, uniforms, all incidentals are to be included in the “Not-to-Exceed” Fee”.
G. When the Consultant is performing, or is requested to perform, work beyond the scope of service in the “Agreement for Professional Consultant Services,” an “Amendment to the Agreement” will be executed between the City and Consultant.
H. The Consultant shall receive no compensation for any re-work necessary as result of the Consultant’s errors, omissions, or oversight.
VIII. INSURANCE
Refer to Exhibit E of the Sample Agreement (Attachment B) for insurance requirements.
IX. INDEMNIFICATION
A. The Consultant agrees to indemnify, defend, and save the City of Moreno Valley, the Moreno Valley Community Services District (CSD), and the Moreno Valley Housing Authority (MVHA), their officers, agents and employees harmless from any and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of the Consultant under this Agreement, or are caused or claim to be caused by the negligent acts of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant or under its control or direction; provided, however, that this indemnification and hold harmless shall not include claims arising from the sole negligence or willful misconduct of the City, MVHA, and CSD, their officers, agents or employees.
B. The City agrees to indemnify, defend and save the Consultant and their officers, agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the City's, MVHA’s, and CSD's employees and all claims which arise from or are connected with the negligent performance or failure to perform the services or other obligations of the City under this Agreement, or are caused or claim to be caused by the negligent acts of the City, MVHA, and CSD, their officers, agents or employees, or its subcontractor(s) or any person acting for the City or under its control or direction; provided, however, that this indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the Consultant, its officers, agents, or employees (PCC 20103.6).
X. TERMINATION FOR CONVENIENCE OF THE CITY
The City reserves the right to terminate the "Agreement for Professional Consultant Services" for the "convenience of the City" at any time by giving ten (10) days written notice to the Consultant of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes and other materials produced and procured by the Consultant under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Consultant within ten (10) working days from the date of such termination. The City will reimburse the Consultant for all acceptable work performed as set forth in the executed Agreement.
A.29.c
Packet Pg. 1000 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project Nos. 801 0089 & 801 0093
Capital Projects Division Page 9 of 11
XI. INDEPENDENT CONTRACTOR
The Consultant's relationship to the City in the performance of the Consultant's services for this project is that of an independent Contractor. The personnel performing the said Services shall at all times be under the Consultant's exclusive direction and control and shall be employees of the Consultant and not employees of the City. The Consultant shall pay all wages, salaries and other amounts due his employees in connection with the performance of said work shall be responsible for all employee reports and obligations, including but not necessarily restricted to, social security, income tax withholding, unemployment compensation, and Workers’ Compensation.
XII. CONTRACT
The Contract includes the Agreement for Professional Consultant Services, City's Request for Proposal, Consultant's Proposal, and Exhibits. The Political Reform Act and the City’s Conflict of Interest Code require that Consultants be considered as potential filers of Statements of Economic Interest. Consultants, as defined by Section 18701, may be required to file an Economic Interest Statement (Form 700) within 30 days of signing a Consultant Agreement with the City, on an annual basis thereafter if the contract is still in place, and within 30 days of completion of the contract.
XIII. GENERAL CONDITIONS
A. Pre-contractual expenses are defined as expenses incurred by the Consultant in: (1) preparing the Proposal; (2) submitting the Proposal to the City; (3) presentation during selection interview; (4) negotiating with the City any matter related to this Proposal; (5) any other expenses incurred by the Consultant prior to an executed Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses incurred by the Consultant.
B. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the Proposal for its own convenience and to reject any and all Proposals responding to this RFP without indicating any reasons for such rejection(s).
C. The City reserves the right to reject any or all Proposals submitted. Any Contract awarded for these Consultant engagements will be made to the Consultant who, in the opinion of the City, is best qualified.
XIV. SELECTION CRITERIA
A. The Firm’s General Experience and Qualification Information (20 points) – Information about the company including professional licenses held; ability to furnish required insurance and meet stipulations of the City’s “boiler plate” agreement; details about comparable projects completed by the firm, as well as local experience; and its ability to A.29.c
Packet Pg. 1001 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project Nos. 801 0089 & 801 0093
Capital Projects Division Page 10 of 11
provide the required services in an efficient and expeditious manner.
B. Experience of Key Personnel (60 points) – Background experience of key personnel, credentials and certifications, abilities, familiarity with state and federal procedures and applicable standards and specifications, local experience on comparable projects and length of service with the firm, reference information preferably with municipal agencies, and proven track record and depth of understanding/knowledge of the required services.
C. Understanding of Requested Service/Plans to Deliver Services (20 points) – Understanding of the requested services and tasks, discussion of major issues identified on the project and how the Consultant team plans to address them; the methods and procedures to be used for providing the services; the management approach and organization necessary to complete the services; and outline quality control measures to ensure delivery of a quality product on time, within budget that provides a cost efficient, timely and predictable execution of work.
XV. ATTACHMENTS
A. Non-Collusion Affidavit
B. Sample Agreement
C. Community Workforce Agreement
D. Project No. 801 0089 Contract Documents
E. Project No. 801 0093 Contract Documents
F. Project No. 801 0089 Construction Plans
G. Project No. 801 0093 Construction Plans
A.29.c
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A.29.c
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CITY - SERVICES TO BE PROVIDED
TO CONSULTANT
1. Furnish the Consultant all in-house data which is pertinent to services to be performed by the Consultant and which is within the custody or control of the City, including, but not limited to, construction drawings, specifications, copies of record and off-record maps and other record and off-record property data, right-of-way maps and other right-of-way data, pending or proposed subject property land division and development application data, all newly developed and pertinent design and project specification data, and such other pertinent data which may become available to the City.
2. Provide timely review, processing, and reasonably expeditious approval of all submittals by the Consultant.
3. Provide timely City staff liaison with the Consultant when requested and when reasonably needed.
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Packet Pg. 1023 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE
EXHIBIT D
TERMS OF PAYMENT
1. The Consultant's compensation shall not exceed $ 174,460.00_ .
2. The Consultant will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at: http://www.moval.org/do_biz/biz-license.shtml
3. The Consultant will electronically submit an invoice to the City once a month for progress payments along with documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month.
At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any progress payment shall be final. The consultant will submit all original invoices to Accounts Payable staff at [email protected]
Accounts Payable questions can be directed to (951) 413-3073.
Copies of invoices may be submitted to the Capital Projects at email:
[email protected] or calls directed to (951) 413-3130.
4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the A.29.c
Packet Pg. 1024 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
5. The minimum information required on all invoices is:
A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.
6. The City shall pay the Consultant for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
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Packet Pg. 1025 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE May 9, 2022
City of Moreno Valley, Capital Projects Division Reference No. 6031B.P 14177 Frederick Street
PO Box 88005
Moreno Valley, California 92552
Attention: Capital Projects Division
Subject: Cost Estimate to Provide Geotechnical, Compaction Testing, and Materials Testing Services, Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 (Local Streets) Project No. 801 0089, City of Moreno Valley, California.
INTRODUCTION
In accordance with your request for proposal (RFP), LOR Geotechnical Group, Inc. (LOR) is pleased to present this cost estimate to provide the geotechnical, compaction testing, and materials testing services during construction of the subject project. As you have requested in your RFP documentation, we have provided a technical proposal under a separate cover. Our technical proposal contains a detailed scope of work for the subject project, as well as the resumes for the key personnel that will be involved during the execution of a service agreement.
The following cost estimate is based on the scope of services that we have proposed, and is aligned with the job titles that are presented within the technical proposal. Our cost estimate will also reflect the additional costs that are involved with working under a Community Workforce Agreement.
Without the benefit of a detailed construction schedule, our estimate is largely based on a construction time frame of 150 days, which is the sum of the base bid and additive work for the project as stated in the technical provisions (Moreno Valley, 2022b). If a detailed construction schedule is determined at a later time, LOR can provide an updated cost estimate that is based on the construction schedule, if requested.
The costs of our services are highly dependent on field conditions at the time of construction. These conditions may include, but are not limited to, the sequencing of construction, the performance of the contractors, and the extent of our services that are requested, as determined by your project management team. These factors are difficult to predict in advance therefore, we propose to conduct geotechnical, compaction testing, and material testing services on a time and materials basis and charges will be billed after work has been performed on this project. There is no obligation, and no penalty, for unused funds against the purchase order. Time charge tickets will be filled out for each site visit A.29.c
Packet Pg. 1026 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley, Capital Projects Division Reference No. 6031B.P May 9, 2022
and will be verified by signature by the project superintendent. The project superintendent will be supplied a copy of the time charge ticket and a copy of our daily field report at that time.
The project RFP (Moreno Valley, 2022a), the technical provisions (Moreno Valley, 2020b), the project plans (Moreno Valley, 2022c), and the technical proposal LOR has prepared for this project (LOR, 2022) were used to appraise the geotechnical, compaction testing, and materials testing services that may be required.
COST ESTIMATE
Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 Geotechnical, Compaction Testing, and Materials Testing Services Description Estimated
Quantity Per Unit ExtendedCost
Geotechnical Engineering 20 $300/hour $6,000.00
Project Management 20 $155/hour $3,100.00
Soil Technician: Compaction Testing and Materials
Testing Services
1050 $120/hour $126,000.00
PCC Flatwork Improvements Subgrade 100
Roadway Subgrade and Basegrade 150
Slurry Seal Observation and Testing 300
HMA Paving 350
PCC Sampling & Testing 50
Miscellaneous 100
10% Field Supervision and Equipment $12,600.00
Laboratory Compaction, Soil & Aggregate Base 5 $200/unit $1,000.00 Laboratory Quality Control, Aggregate Base 2 $570/unit $1,140.00 Laboratory Slurry Seal Emulsion, Particle Charge 2 $85/unit $170.00 Laboratory Slurry Seal Emulsion, Distillation 2 $165/unit $330.00 Laboratory Slurry Seal Emulsion, Viscosity 2 $110/unit $220.00 Laboratory Slurry Seal, Gradation 2 $130/unit $260.00
Laboratory Slurry Seal, Sand Equivalent 2 $120/unit $240.00 2 LOR GEOTECHNICAL GROUP, INC.
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Packet Pg. 1027 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE City of Moreno Valley, Capital Projects Division
May 9, 2022
Description
Laboratory Slurry Seal, Wet Track Abrasion
Laboratory Slurry Seal, Sieve Analysis
Laboratory Slurry Seal, %Oil by Ignition
Laboratory Slurry Seal, Moisture Content
Laboratory Gradation & Extraction, Asphalt Concrete
Laboratory Stability & Density
Laboratory Compressive Strength
Compaction & Materials Testing Report
CLOSURE
Estimated
Quantity
30 30
30 30
15 15
50 1
ESTIMATE:
Reference No. 6031B.P
Per Unit Extended
Cost
$165/unit $4,950.00
$100/unit $3,000.00
$145/unit $4,350.00
$50/unit $1,500.00
$240/unit $3,600.00
$200/unit $3,000.00
$30/unit $1,500.00
$1,500/unit $1,500.00
$174,460.00
We appreciate the opportunity to be of your service and look forward to working together.
If you should have any questions concerning this proposal, please do not hesitate to contact this firm at your convenience.
Respectfully submitted,
OR technical Group, Inc.
TG:JPL:ss
Distribution: Addressee via PlanetBids
3 LOR GEOTECHNICAL GROUP, INC.
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Packet Pg. 1028 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE
REFERENCES
City of Moreno Valley, 2022a, Request for Proposals, Professional Geotechnical and Materials Testing Services, Project No. 801 0089 Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 (Local Streets) and Project No. 801 0093, Pavement Rehabilitation for Various Local Streets (CDBG FY 2021-22), dated April 2022.
City of Moreno Valley, 2022b, Contract Documents, Project No. 801 0089, Citywide Pavement Rehabilitation Program FY2021/22 - Local Streets, dated March 28, 2022.
City of Moreno Valley, 2022c, Citywide Pavement Rehabilitation Program (FY21/22) Local Streets, Street Improvement Plan, Project No. 801 0089, dated March 28, 2022.
LOR Geotechnical Group, Inc., 2022, Technical Proposal to Provide Geotechnical, Compaction Testing, and Materials Testing Services, Citywide Pavement Rehabilitation Program, Fiscal Year 2021-22 (Local Streets), and Pavement Rehabilitation for Various Local Streets (CDBG FY 2021-22), Project No.s 801 0089 and 801 0093, dated May 9, 2022.
LOR GEOTECHNICAL GROUP, INC.
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Packet Pg. 1029 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE
EXHIBIT E
INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession.
Minimum Limits of Insurance
Consultant shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer’s Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
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Packet Pg. 1030 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE
4. Professional Liability (Errors and Omissions):
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess Insurance
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Deductibles and Self-Insured Retentions
Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection afforded to City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
3. Consultant’s insurance coverage shall be primary and no contribution shall be required of City.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
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Packet Pg. 1031 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to City for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.
Verification of Coverage
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
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Packet Pg. 1032 Attachment: Agreement with LOR Geotechnical Inc (5835 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO R. J. NOBLE Report to City Council
ID#5836 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer AGENDA DATE: June 21, 2022
TITLE: AUTHORIZATION TO AWARD A CONSTRUCTION
CONTRACT TO HARDY & HARPER, INC. FOR
PAVEMENT REHABILITATION FOR VARIOUS LOCAL
STREETS – CDBG FY 2021-22, PROJECT NO. 801 0093
RECOMMENDED ACTION
Recommendations:
1. Award a construction contract to Hardy & Harper, Inc. for the Pavement Rehabilitation for Various Local Streets - CDBG FY 2021/22 project and authorize the City Manager to execute a contract in substantial conformance with the attached contract in the amount of $2,444,260.00, and authorize the City Manager to approve and execute any subsequent amendments subject to the approval of the City Attorney;
2. Award an agreement for Professional Consultant Service to GK & Associates to provide construction management and inspection services for the Pavement Rehabilitation for Various Local Streets – CDBG FY 2021/22 project and authorize the City Manager to execute the agreement with GK & Associates in the amount of $215,760.00;
3. Award an agreement for Professional Consultant Service to LOR Geotechnical Group, Inc. to provide material testing and geotechnical services for the Pavement Rehabilitation for Various Local Streets – CDBG FY 2021/22 project and authorize the City Manager to execute the agreement with LOR Geotechnical Group, Inc in the amount of $136,560.00;
4. Authorize the issuance of a Purchase Order to Hardy & Harper, Inc. in the amount of $2,688,686.00 (bid amount plus a 10% contingency), a Purchase Order to GK & Associates in the amount of $215,760.00, and a Purchase Order to LOR Geotechnical Group, Inc in the amount of $136,560.00 necessary for A.30
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