Moreno Valley City Council
June 21, 2022

including this project and authorize the City Manager to execute the Third Amendment to Agreement with CAV Consulting;

5. Authorize the issuance of a Purchase Order to All American Asphalt in the amount of $19,683,998.25 (bid amount plus a 5% contingency), a Purchase Order to TKE Engineering, Inc. in the amount of $412,330.00, and a Purchase Order to Aragon Geotechnical, Inc. in the amount of $255,751.00 necessary for completing the construction of this project, funded by Capital Project Reimbursement Funds (Fund 3008);

6. Approve the change order to the existing Purchase Order for CAV Consulting in the amount $200,000, funded by General Fund (Fund 1010), for a not-to-exceed Purchase Order total amount of $474,500.00 once the Amendment has been signed by all parties; and

7. Authorize the Public Works Director/City Engineer to execute any subsequent change orders to All American Asphalt’s contract not exceeding the contingency of $937,333.25, subject to the approval of the City Attorney.

SUMMARY
This report recommends approval of a contract with All American Asphalt for the construction of the Citywide Pavement Rehabilitation Program FY 21/22 – 25/26 (Arterial and Collector Streets) project. The report also recommends approval of a professional consultant agreement for construction management and inspection services with TKE Engineering, Inc., a professional consultant agreement for material testing and geotechnical services with Aragon Geotechnical, Inc., and a third amendment to the agreement with CAV Consulting for project management services.

This project is funded by 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 to the City’s historic investment in pavement restoration and rehabilitation.

DISCUSSION
This project provides both pavement preventative and corrective work for 67 arterial and collector street segments citywide. These streets are prioritized in the Pavement Management Program (PMP) Plans approved by the City Council in January 2021 and February 2022. 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. The project also includes the reconstruction of various access ramps within the paving limits to meet current ADA requirements, repairs of roadway shoulders, and other related street improvements.

The City utilizes funding for pavement repair work received as part of the federal recovery act plans and programs to complete the construction of this project.

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On September 7, 2021, the City Council awarded an agreement for professional consultant services to HR Green Pacific, Inc. to complete the design and bid documents for this project. The Consultant completed the contracted work in April 2022. The project was advertised for construction bids on April 15, 2022. Formal bidding procedures were followed in conformance with the Public Contract Code. Two (2) bids were received via the electronic bid management system, PlanetBids, on May 13, 2022 as follows:

CONTRACTORS Bid Amount

1. All American Asphalt $18,746,665.00

2. R. J. Noble Company $25,772,000.00
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 All American Asphalt 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 All American Asphalt in their bid. Staff recommends awarding a contract to All American Asphalt to construct much needed street improvements for the City.

A contingency of 5% of the bid amount ($937,333.25) 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 TKE Engineering, Inc. in an amount of $412,300.00 to provide construction management and inspection services for this project. The consultant is 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 recommends awarding an agreement to Aragon Geotechnical, Inc. in an amount of $255,751.00 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 TKE Engineering, Inc. and Aragon Geotechnical, 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.

Staff also recommends approving the Third Amendment to the on-call agreement with CAV Consulting to continue providing project management services on various CIP projects, including this project. CAV Consulting was awarded with a contract in the amount of $74,500 in September 2021 to assist with project management workload in the Capital Projects Division. In February 2022, CAV Consulting was approved with the A.31
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Second Amendment which increased the contract amount by $200,000 and extended their agreement until December 2023. With the current large-scale pavement rehabilitation projects underway, continued project management and consultant assistance is necessary to deliver CIP projects on schedule. Staff is recommending increasing CAV Consulting’s contract amount for additional $200,000 with this Third Amendment using available General Funds and other various funds/projects.

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 (Arterial and Collector 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
This project is funded by Capital Project Reimbursement Funds (Fund 3008). The City utilizes funding received for pavement repair work as part of the federal recovery act plans and programs to complete the construction of this project. General Funds (Account 1010-70-77-4510-620210) are utilized to cover the costs of project management services to be provided by CAV Consulting.

AVAILABLE BUDGET
Capital Projects Reimbursements
(Account 3008-70-77-80001-720199) (Project No. 801 0097-3008-99) ....... $23,788,503 A.31
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ESTIMATED CONSTRUCTION COSTS:

Construction (including 5% contingency) ...................................................... $19,683,998 Construction Management and Inspection Services ......................................... $413,330 Construction Material Testing and Geotechnical Services ................................ $255,751 Community Workforce Program Administration Services .................................... $30,770 City Staff Project Administration........................................................................... $30,000 Total .............................................................................................................. $20,413,849 ANTICIPATED CONSTRUCTION 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

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
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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 All American Asphalt

2. Agreement with TKE Engineering Inc

3. Agreement with Aragon Geotechnical Inc

4. Third Amendment To Agreement with CAV Consulting

APPROVALS
Budget Officer Approval ✓ Approved . 6/07/22 10:53 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/07/22 10:57 AM
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City of Moreno Valley
Project No. 801 0096
Standard Form of Agreement
00500-1
Agreement No.

AGREEMENT
PROJECT NO. 801 0096
CITYWIDE PAVEMENT REHABILITATION PROGRAM - FY 2021/22
(ARTERIAL AND COLLECTOR 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 All American Asphalt, 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 Nos. ___0____ 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
A.31.a
Packet Pg. 1168 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
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 Eighteen Million Seven Hundred Forty-Six Thousand Six Hundred Sixty Five and 00/100 Dollars ($18,746,665.00) (“Contract Price”). The Additive Alternate Bid Items 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 90 Working Days
Additive Alternate Bid 1
Additive Alternate Bid 2
30 Working Days
30 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 (1 and 2). 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.31.a
Packet Pg. 1169 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
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  Installation of the approved Project Identification Signs  Obtaining an approved no fee Encroachment Permit
 Obtaining a Temporary Use Permit for a construction yard  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.

A.31.a
Packet Pg. 1170 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
Standard Form of Agreement
00500-4
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 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:

A.31.a
Packet Pg. 1171 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
Standard Form of Agreement
00500-5

1. Insurance Services Office (“ISO”) Additional Insured endorsement CG 20 10 (11/85); or

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 A.31.a
Packet Pg. 1172 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
Standard Form of Agreement
00500-6
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;
(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.

A.31.a
Packet Pg. 1173 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
Standard Form of Agreement
00500-7

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, 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.

A.31.a
Packet Pg. 1174 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
Standard Form of Agreement
00500-8
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 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.

A.31.a
Packet Pg. 1175 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
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.31.a
Packet Pg. 1176 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
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.31.a
Packet Pg. 1177 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
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.31.a
Packet Pg. 1178 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
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.31.a
Packet Pg. 1179 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley
Project No. 801 0096
Standard Form of Agreement
00500-13
CITY OF MORENO VALLEY, a Municipal Corporation ALL AMERICAN ASPHALT 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.31.a
Packet Pg. 1180 Attachment: Agreement with All American Asphalt (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 1 AGREEMENT FOR PROFESSIONAL CONSULTANT

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
CITYWIDE PAVEMENT REHABILITATION PROGRAM FY 2021-22
(ARTERIAL AND COLLECTOR STREETS)
PROJECT NO. 801 0096
This Agreement is made and entered into this _____ day of _____________ 2022 (“Effective Date”) by and between the City of Moreno Valley, California, a municipal corporation, hereinafter described as "City," and TKE Engineering, 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 "Construction Management and Inspection Services for the Citywide Pavement Rehabilitation Program FY 2021-22 (Arterial and Collector Streets) Project" 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.31.b
Packet Pg. 1181 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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 $412,330.00 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.31.b
Packet Pg. 1182 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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:

A.31.b
Packet Pg. 1183 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.

A.31.b
Packet Pg. 1184 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.b
Packet Pg. 1185 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.b
Packet Pg. 1186 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.b Packet Pg. 1187 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.b
Packet Pg. 1188 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.b
Packet Pg. 1189 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.b
Packet Pg. 1190 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.b
Packet Pg. 1191 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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
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Packet Pg. 1192 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley TKE Engineering, 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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City of Moreno Valley
Request for Proposals
Professional Consultant Construction Management and
Inspection Services
Project No. 801 0096
Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 (Arterial and Collector Streets)
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
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I. Invitation
You are hereby invited to submit a Proposal for Professional Consultant Construction Management and Inspection Services for Project No. 801 0096 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 a separate electric file for cost proposal.

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
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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 FY 2021-22 (Project No. 801 0096) 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.

This project provides pavement rehabilitation and preservation for approximately 67 arterial and collector street segments throughout the City. The work includes the reconstruction of a number of access ramps within repaving limits; localized pavement repairs; application of Type 2 slurry seal; removal and replacement of asphalt pavement surfaces; installation of permanent traffic video detectors; and reestablishment of traffic striping and signs. The project includes base bid work items and additive bid work items with a total of 150 working days for the Contractor to complete the construction.

Please refer to project’s Contract Documents (Attachment D) and Construction Plans (Attachment E) 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.

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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.

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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).

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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 statements 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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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.

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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.

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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.

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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.31.b
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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’s Contract Documents
E. Project’s Construction Plans
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Public Works Project Manager

CITY OF MORENO VALLEY
Capital Projects
14177 Frederick St.

Moreno Valley, California
Subject: Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 (Arterial and Collector Streets) Dear Public Works Project Manager:

Thank you for the opportunity to present this material outlining TKE Engineering, Inc. (TKE’s) qualifications. Enclosed herein are our qualifications to provide Construction Management, Inspection, Community Outreach, and Labor Compliance Services. TKE is a full service, multidisciplinary consulting corporation, located at 2305 Chicago Avenue, Riverside, California 92507.

We have extensive experience with pavement rehabilitation and street structural section design and construction management along with an excellent working partnership with City staff making our team highly qualified to perform the services necessary for successful project delivery our team is enthusiastic about the opportunity to assist the City of Moreno Valley (City) in bettering their infrastructure.

Why should the City choose TKE to provide consulting services? Please consider the following:

1. Experience and Qualifications-TKE is a full-service, multi-disciplinary firm with a wide range of construction management and inspection related experience in pavement rehabilitation, asphalt recycling strategies, street and signing and striping improvement projects, as well as transportation and traffic signal experience and has provided construction management services to other cities for similar projects. In addition, TKE has performed construction management and inspection services for the City of Moreno Valley on the Citywide Pavement Rehabilitation Program FY 2019/2020 and FY 2020/2021, as well as the Amphitheater, Demonstration Garden and Marquee Sign Projects Channel Crossings Project at Rosewood and Second Streets which provides our team with a detailed understanding of the City’s objectives. TKE’s broad range of successful services includes public works turnkey program and project management, public outreach and delivery for a diverse array of pavement rehabilitation and street projects. The City benefits from our broad range of project experience through our intimate understanding of the common pitfalls for each project variation and our past history of successfully overcoming these challenges.

2. Our Team- TKE’s project manager has extensive knowledge and has provided construction management services for the City, giving him a unique familiarity with the City’s procedures and requirements. The City will benefit greatly by continuing the vision, leadership, and dedication to community exhibited by TKE’s project team. Our experience in the City, numerous accomplishments and management skills will help maintain continuity in the delivery of the City’s improvement projects. TKE’s wide variety of services allow us to complete all services in-house, other than geotechnical services that will be provided by the City under separate contract.

In particular, Terry Renner, our Construction Manager, has a vast amount of experience with all aspects of Public Works improvement projects, including the management of projects with delicate community relations requirements. Mr. Renner’s experience extends from project planning to design and bidding through construction. His excellent construction management skills will provide a great benefit to the City, in particular, his experience with “cutting edge” creative engineering A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 (Arterial and Collector Streets)
May 12, 2022 Page 2 of 2
techniques focused on cost control, ensuring that projects provide the maximum value for the public’s investment. Supporting Mr. Renner will be TKE’s key personnel, including and Jeff Lantosh and Brad Enscoe as Senior Construction Inspectors.

3. Our Commitment-TKE is committed to providing high quality, efficient services to meet all of the City’s needs. Prior to beginning to provide any services, TKE will meet to discuss project requirements and scheduling needs. Our Construction Manager, and Inspectors will meet with the City and Contractor each week to ensure that the project is progressing on schedule and is within the allocated budget. It is this personal touch and contact that define our “local service” approach.

We consider ourselves community builders and take ownership of projects assigned to TKE, ensuring that our personnel will be allocated on an as needed basis in order to complete all projects on schedule.

Our experience and history with the City, broad array of services and in-house team provide the City a trusted consultant to turn to in any challenge, no matter how simple or complex. We pride ourselves in the management and completion of special, atypical projects and thrive on challenging budgets and deadlines. It is this commitment to service and diverse array of offerings that makes us unique and drives our long-standing relationship with our client base and it is these qualities and that make us “the right fit” for you. Our commitment to service will be verified with references presented in our proposal.

4. Our Value-TKE’s management team and staff are fundamentally committed to creating value in each task that we perform. As such, we have created a professional culture wherein each member of our staff constantly strives for increased efficiency, ultimately allowing us to provide highly professional services at competitive rates. This culture of constant value creation and increased efficiencies ensures that the services contracted to and provided by TKE will always mean good stewardship of public resources.

5. Additions or Exceptions -TKE takes no Additions or Exceptions to the City’s RFP.

Thank you for your consideration. TKE would very much appreciate the opportunity to continue our working partnership with the City. If you have any questions, please call me at (951) 680- 0440 or e-mail me at [email protected].

Sincerely,
Terry Renner, P.E., Q.S.D.

Senior Vice President
TKE Engineering, Inc.

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Cover Letter
Section 1 | Project Understanding and Approach
Section 2 | Scope of Services
Section 3 | Staff Qualifications
Section 4 | Similar Projects
Section 5 | Staff Availability
Section 6 | References
Appendix A | Required Forms
Appendix B | Statements
Fee Proposal Presented Separately from Qualifications Package Prepared for:

City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92552
Phone: (951) 413-3130
Email: [email protected]
Prepared by:

TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Terry Renner, Senior Vice President
Phone: (951) 680-0440
Email: [email protected]

TABLE OF CONTENTS

APPENDIX
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION A | PROJECT UNDERSTANDING AND APPROACH
SECTION 1 | PROJECT

UNDERSTANDING AND

APPROACH
A. PROJECT

UNDERSTANDING
TKE understands the City of Moreno Valley (City)
desires a professional consultant to provide
construction management, project inspection,
community outreach, and labor compliance
assurance for city wide payment rehabilitation
program Fiscal Year 2021/2022. Project located on
12 various arterial Streets throughout the city.

The project includes various pavement
rehabilitation strategies as well as removal and
replacement of numerous curb ramps to comply
with ADA requirements and replacement of signing
and striping, including bike lane and buffer
striping. TKE’s construction management and
inspection personnel are highly experienced with
construction of over 10 types of pavement
rehabilitation strategies and experts with
construction of ADA curb ramps to the
requirements of CBC Chapter 11B. We have
managed and inspected construction for more than
500 curb ramps for every different type and case
imaginable and will ensure that all ramps are
constructed to be fully ADA compliant.

Traffic control and safety, accessibility during
construction and community outreach will be three
major critical issues to be addressed with the public
to ensure the successful completion of this
project. While construction will cause delays and
impacts to the traffic on Arterial Street, it is
imperative that proper notifications and community
involvement occur at the proper locations and on
an early and consistent basis to ensure the general
public is properly educated regarding the
construction time frames and can plan accordingly
for the additional time necessary or plan for
alternate routes to avoid the area all
together. Each of these items are further
addressed in our critical issues section below.

This project will be funded without the assistance
from federal or State grant sources. Since all
funding will be local funds there are no special
requirements or restrictions necessary for funding
reimbursement.

B . PROJECT APPROACH
Successful project delivery is our goal. Our
definition of successful project delivery is project
completion that meets the City’s project
requirements, on-time and within budget.

Our approach to your project, recognizing that both
cost effectiveness and expedited construction are
of primary concern, dictates that very close
working partnership between the selected
consultant and the City is vital to successful project
completion.

The most important key to every public works
project is management. TKE, working closely with
City staff, will ensure that the project is managed
properly to expedite project delivery. Project
construction will generate a series of
considerations requiring City responses. Our close
working partnership and 20 plus year history of
providing construction management on pavement
rehabilitation projects will lead to the proper
decisions and ultimately, structurally sound, cost
effective pavement rehabilitation improvements.

TKE also understands the limits on the City’s
budget, particularly funding. Because of the limited
budget for City projects, it is vital to keep costs
controlled. Our approach to controlling costs is to
utilize our considerable experience with
Construction Management and our unique
knowledge of the City to assist in providing
compliance with the contract documents, cost and
dispute resolution.

In addition to our extensive construction
management experience, our team has over
twenty years of pavement rehabilitation design
experience, as well. Our design experience
enables us to quickly review, assess and adapt to
unexpected field challenges or modify pavement
rehabilitation strategies to correspond to actual
field conditions encountered which allows our team
to facilitate construction of a better, more cost
effective project.

Throughout our history with construction
management, we have been able to overcome
significate challenges, design deficiencies, and
unforeseen conflicts by utilizing our ability to
proactively identify potential conflicts before they
occur and develop innovative solutions to keep the
project moving without incurring extensive change
orders. TKE managed projects average less than
4% in change orders.

C. CRITICAL ISSUES
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION A | PROJECT UNDERSTANDING AND APPROACH
As mentioned above, our experience tells us that
there must be a proactive approach to completing
the work in order to complete cost effective fully
functioning public works project. This approach
includes early identification of critical elements,
and development of project schedule and tasks.

Critical elements for construction administration
projects include QA/QC, dispute resolution, public
relations, traffic control and accessibility, ADA
compliance and compliance with plans,
specifications and standards, and dispute
resolution.

Below are key elements of our commitment to
service:

QUALITY ASSURANCE /QUALITY

C ONTROL
TKE takes pride in our reputation for thoroughness,
rapid turnaround, cost efficiency and overall quality
of work, and believes that a high level of quality is
needed on all aspects of construction projects. High
quality review and inspection yields the following
tangible results: Ease of oversight, smoother
processing, absence of design-related change
orders, reduced claims and dispute resolution.

TKE believes that the most successful quality
assurance program is one that is applied inherently
throughout the entire management and inspection
process. This program requires not only formal
procedures for inspection, but encourages the
conscientious effort of experienced people to
always “create quality” in every task performed. All
of our management and inspection personnel are
trained to identify potential construction issues
before the occur, thereby saving time and money
on potential costly change orders.

This Quality Assurance/Quality Control program is
in place to ensure that project construction exceeds
the standards of our clients and that we will deliver
the project on schedule and within budget.

P UBLIC R ELATIONS
The key to successful completion of large
construction project within sensitive areas is
outreach and education. TKE’s Construction
Manager, Inspector and project team are highly
experienced with public relations associated with
construction projects. Our team has developed
project websites, social media pages, pamphlets,
mailers, door tags and presentations with
informational material, key contact numbers,
critical closure dates and suggested alternate
routes to inform the residents, businesses and
general public of the project impacts and provides
the public with necessary contact information to be
used if they have any concerns related to the
project construction. The public that is impacted
by the project construction often gets frustrated
and wants their opinion to be heard. TKE’s team
routinely interacts with the public to help manage
any concerns they may have and lessen the
number of complaints received by the City. TKE’s
inspector performs initial site visits to all potentially affected properties to discuss the upcoming project
and any potential concerns the property owner
and/or tenant may have. TKE identifies
improvements that will benefit the property owners
to help them understand the importance of project
construction. Our approach builds a project
coalition with the property owners and tenants
which reduces public complaints to City Staff and
at City Council meetings and provides a sense of
ownership with the project. TKE’s Inspector also
performs routine visits during construction to check
on the property owners concerns and to see if there
are any issues that need to be mitigated.

T RAFFIC C ONTROL AND

ACCESSIBILITY
Traffic control and site accessibility are key items
to address on a daily basis to ensure smooth and
successful project completion. For areas where
pavement rehabilitation treatments are being
utilized there will be significant coordination
required with adjacent businesses and points of
access. These treatments require time to complete
due to the required process for excavation,
placement, curing, etc. The plans do not currently
identify traffic control procedures for maintaining
accessibility to driveways and streets within these
strategy areas and extensive coordination and
phasing will need to be performed with the
Contractor to ensure the safety of site workers,
pedestrians and vehicular traffic within the project
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION A | PROJECT UNDERSTANDING AND APPROACH
area and to provide required accessibility
throughout the project construction. In addition to
accessibility, it is important to have the Contractor
place project signage identifying that the local
businesses remain open and clearly indicate
locations for accessing the businesses. TKE has
worked on numerous highly sensitive projects on
major City arterial streets and are experts at
developing, reviewing, implementing and
completing traffic control and accessibility plans
which keep all parties interests protected.

S TRICT C ONSTRUCTION

C OMPLIANCE
Our lead inspector is a certified public
infrastructure inspector and ICC certified in special
inspections, soils, and concrete, as well as member
of the certification staff for the American Concrete
Institute. In order to ensure the project is properly
constructed, it is imperative that the City employ
an experienced Construction Management and
Inspection team. Our construction management
and inspection team has consistently delivered
projects on-time and within budget by maintaining
an active dialogue and hands on approach with the
project contractor, while ensuring that all
construction is consistent with the bid plans and
specifications. We are familiar with applicable
standards and specifications, including but not
limited to the City of Moreno Valley, the County of
Riverside, Greenbook, and Caltrans.

ADA C OMPLIANCE
ADA compliance for curb ramp construction includes an
extensive check list of items from the California Building Code Chapter 11B Divisions 4 and 7. These divisions
include requirements for slopes, ramp widths, landing
areas, counter slopes, clear space and detectable
warning surfaces. TKE’s inspector’s are extremely well
versed in the requirements set forth in the CBC Chapter 11B for ramp construction and will be able to ensure
ramps are fully ADA compliant after constructed. In
addition, for ramp construction, transitions to existing improvements are typically another challenging
component, especially in developed areas where private
improvements have been constructed. It appears that
private improvements that have been constructed are
set back far enough and at a sufficient elevation where no significant challenges will be faced with the
construction of the ramp improvements. TKE will review
all corners and identify such impacts early during project design and will develop an action plan for working with properties that may be impacted. TKE will complete
ramp construction that will fully comply with ADA
requirements within the existing right-of-way footprints.

DISPUTE R ESOLUTION
TKE’s construction manager has provided dispute
resolution on a number of past projects. The keys
to avoiding potential costly and time consuming
disputes are knowledge, communication and
organization. Our construction manager prides
himself on his thorough research and review of the
project plans and specifications and his existing
knowledge and understanding of Caltrans,
Greenbook and other standard plans and
specifications. His effective communications skills
ensure that all stakeholders are constantly advised
of project progress and requirements. His
proactive organizational program effectively
manages the construction schedule, documents
action items with required follow-up and
continuous schedule reviews and anticipate needs
for future action items. Our project manager’s ‘can
do’ approach to all project issues nearly always
results in resolution. He is non-combative with all
project stakeholders, maintaining professional
working relationships with each stakeholder
regardless of conflict. His perseverance and vast
knowledge and experience of issues will resolve
challenges while protecting City interests.

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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 2 | SCOPE OF SERVICES
SECTION 2 | SCOPE OF SERVICES
A. DETAILED WORKPLAN
TKE’s scope of services is presented in the following
paragraphs:

GENERAL S ERVICES
TKE will perform all construction management
services and provide correspondence and
construction inspection, labor compliance, and
public outreach coordination to ensure oversight of
all activities related to construction of the project,
maintain close liaison with the City Project Manager
and copy the City Project Manager on all project
correspondence. General management services
will also include coordination with the project
design engineer and City Project Manager for any
required modifications to the construction plans
and/or specifications during construction.

C ONSTRUCTION MANAGEMENT

S ERVICES
Construction management services will include the
following tasks and subtasks:

TASK NO. 1 – PRECONSTRUCTION

SERVICES
TKE will provide the following subtasks related to
preconstruction services:

TASK NO. 1A– QUALITY ASSURANCE/QUALITY

CONTROL
TKE will provide plan check and constructability
review services for the project. We will identify
design deficiencies, permit requirements, utility
relocations, any constructability issues and cost
savings measures and will ensure that the projects
will meet all budget requirements. We will also
provide an outline of our dispute resolution
procedures for the City to review.

Upon completion of our thorough project review,
TKE will prepare a project schedule which will
include utility and preconstruction relocations by
others, notification timelines as noted on all
permits, agreements, and contract documents.

TKE’s construction manager will then attend a
meeting with the City Project Manager to discuss
design features, our constructability review, and
the project schedule. After our meeting with the
City, we will assist the contractor in obtaining any
outstanding permits.

DELIVERABLES:

Contract Document Review Comments, Project Schedule, and Meeting Agenda
TASK NO. 1B - PRECONSTRUCTION MEETING
Prior to the preconstruction meeting, TKE’s
Construction Manager and Inspector will review all
project improvement locations and specifications to
have a complete understanding of the project
requirements. During our review, we will identify
any constructability issues that may cause project
delays and/or unnecessary change orders.

A preconstruction conference will be held for the
project. The conference will be attended by City
staff, TKE’s Construction Manager and Construction
Inspector, the Contractor, representatives of
potentially affected utilities and representatives of
any other affected agencies. Prior to the
conference, we will prepare a conference agenda.

At the meeting, we will discuss communication
protocol requirements, safety and health
procedures, storm water controls, schedule
requirements, procedures for contract submittals,
contract administration, job-site access and
delivery, and coordination with others. After the
meeting, it will be documented with minutes.

DELIVERABLES:

Agenda, Minutes, and Distribution to All Entities.

TASK NO. 2 – CONSTRUCTION

M ANAGEMENT S ERVICES DURING

CONSTRUCTION
TKE will provide the following subtasks related to
construction management services:

TASK NO. 2A – RECORDS MANAGEMENT
TKE utilizes an electronic records management
system. Files include:

Δ Contract Documents, Addenda, and
Reports
Δ All required local, other agencies and
state records throughout the project
duration and submit copies to the City’s
project manager, including labor
compliance.

Δ Environmental Compliance Documents/
Agency Permits
Δ Material Submittals
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 2 | SCOPE OF SERVICES
Δ Contractor Correspondence (RFI’s and
RFC’s)
Δ City Correspondence (Responses to
RFI’s and RFC’s and other
correspondence)
Δ Certified Payroll Records
Δ Change Orders
Δ Weekly Statement of Working Days
Δ Resident Engineers Report
Δ Project Schedule
Δ Dispute Resolution Outline
Δ Progress Payments
Δ Materials Testing
Reports/Correspondence
Δ Labor Compliance Interviews
Δ Surveying Records
Δ Inspection Field Reports/ Accident
Reports
Δ Photo Logs
Δ Utility/Agency Correspondence
Δ Public Correspondence
Δ Operations and Maintenance Manuals
Δ Project Closeout Records
DELIVERABLES:

E-File of All of the Above.

TASK NO. 2B – MATERIAL SUBMITTAL REVIEW
TKE will develop a list of all required material
submittals and compare the list to the Contractors
submittals. TKE will review all project submittals
including traffic control plans. Each submittal shall
be reviewed with City staff and design engineer as
required to verify compliance. We will maintain a
project log for each project and it will include
descriptions of submittals, submittal status, date
received, and date returned. Once the submittals
have been reviewed and accepted, they will be
signed, dated, and sent to the Construction
Inspector, City staff, project Contractor and the
file. Submittals will be returned within the time
frame specified by the Contract Documents but not
longer than two weeks.

In addition to submittals, TKE will review all vendor
and lab reports and certifications and material test
inspections and correlate all reports with respect to
the plans and specifications. TKE will provide a log
for reports and certifications and notify the City
upon any irregularities.

Over the course of construction, TKE will perform
labor compliance interviews and verification of
labor compliance for the project with each payment
request submitted. Should deficiencies be noted,
corrective action will be requested from the
contractors prior to payment release.

DELIVERABLES:

Submittals, Transmittals, and Logs
TASK NO. 2C – CONSTRUCTION MEETINGS
TKE will be in constant communication with City
staff during the projects entirety to ensure that the
project is running smoothly and in accordance with
the City’s expectations. TKE will hold regular
meetings with City staff, Contractor and Inspector,
meetings with utilities/agencies, and affected
agencies. Each is discussed below:

City Meetings-TKE will meet with City staff as
required to keep staff fully apprised as to
construction progress and potential project
issues. We will prepare agendas and minutes for
each meeting.

Contractor Meeting-our Construction Manager will
meet with the project contractor weekly. We will
prepare agendas and minutes for each
meeting. Meeting agenda will typically include
background, old business, new business, scope,
objectives, traffic control, construction phasing,
project schedule, potential issues discussion,
payment quantities discussion, and any safety
deficiencies observed.

Utilities/Agency Meetings-as mentioned above,
TKE will invite utilities and agencies to the
preconstruction conference. During that meeting,
all potential project impacts will be discussed with
each. During construction, should issues develop
needing further discussions with utilities/agencies,
TKE will meet with each and develop remediation
strategies. Again, all meetings will be documented
with minutes.

Public Meeting-if required, TKE will coordinate with
the City for public meetings to advise the public of
pending construction and its impacts. Discussion
may include alternative routes to be used to avoid
delays and the project schedule.

In addition, the City will receive RFI’s and RFC’s
(including written clarification requests and
change-in-plan drawings) regarding the contract
documents. TKE will provide any drawings,
sketches and written responses in a timely manner
to each with direction and will verify compliance
with the Contract Documents. All RFI’s and RFC’s
will be logged, including content of inquiry, date
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 2 | SCOPE OF SERVICES
relayed and date of response. TKE will review all
RFC’s for any potential change in scope and notify
the City if potential change orders may arise from
the RFC.

DELIVERABLES:

Agendas, Minutes, RFI and RFC Responses
TASK NO. 2D – CONSTRUCTION

MANAGEMENT AND LABOR COMPLIANCE
TKE is uniquely suited to respond to challenges that
may occur during construction. Our first review of
the project is during our QA/QC analysis. Our
consistent communications with the construction
inspector will also provide immediate remediation
alternative development.

TKE will review the project schedule and
construction progress prior to each Contractor
meeting to verify compliance with the Contract
Documents. In addition, we will prepare weekly
statement of working days to be provided to the
contractor at each weekly meeting. If the
Contractor is failing to meet approved schedule
contract obligations, TKE will request a remediation
effort to return the project progress to comply with
requirements. If the remediation plan requires
adjustment to the completion date, TKE will advise
the City and will not execute any approval of such
change without City authorization.

Change conditions and time extensions that may
warrant a change order will require a complete
understanding of the impacts of the change of
which TKE will need to consider in determining its
resolution. TKE will seek appropriate comments
from anyone impacted by the changed conditions
and will closely consult with the City to develop the
most cost-effective remediation alternative. Cost
and scheduling impacts will be noted and presented
to the City in accordance with the cities change
order procedures prior to direction being given to
the Contractor, including the preparation of Change
Order drawings and specifications, if required.

To maintain cost controls, TKE will review project
budgets on a weekly basis, or as warranted, by
review of change orders, RFC’s, and progress
payments. In particular, quantities used on the
project will be tracked to verify that they will not
exceed contract budgeted amounts. Each month
TKE will provide a budget report to the
City. Should an increase in budget be required,
TKE will assist Staff with staff report preparation.

Regarding RFC’s, we will review any change order
request received to determine if said request is
warranted. If the change order request is not
warranted, we will reject it in writing; prior to
sending rejection letters to the Contractor, we will
review it with City staff. If the change order
request appears justified, we will review it with the
Construction Inspector and compare it with field
reports for confirmation of materials, equipment
and/or labor involved; we will review same with
City staff and receive City staff’s approval prior to
preparing and processing the contract change
order. Change orders will be prepared on standard
forms.

Should rejected RFC’s require additional
consideration, we will negotiate with contractors to
establish the impact of change conditions and we
will attempt to complete negotiations prior to
beginning work. If we fail to reach an agreement
and the work must continue, we will direct the
Contractor to complete the work. For all disputed
work and force account work, the Construction
Inspector will document the labor, materials and
equipment used for the extra work for use in future
negotiations.

Upon direction from the City, TKE will continue
negotiating with Contractors to settle all disputes;
however, City staff will ultimately determine the
extent the City will go to achieve resolution. TKE
will meet with both parties, either independently or
together, as warranted until resolution is
reached. TKE will complete all necessary
calculations to support the City’s position. TKE
utilizes a proactive dispute avoidance program.

Once an issue is identified, TKE works diligently to
resolve it as timely as possible. The weekly
meetings will also be used to avoid or resolve these
disputes.

TKE will perform labor compliance interviews with
contractor and subcontractor personnel in
accordance with the required schedule set forth in
the LAPM. In addition, TKE will review certified
payroll reports and ensure DBE utilization in
compliance with state and federal requirements.

DELIVERABLES:

Change Orders and Logs, RFI’s/RFC’s and Logs, Budget Reports, Resident Engineer’s Report, Weekly Statement of Working Days and Labor Compliance Forms
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 2 | SCOPE OF SERVICES
TASK NO. 2E – PAY REQUESTS
Each month, TKE will review the construction
payment requests submitted by the contractors for
work completed and the construction
schedule. We will review the work completed and
payment requests to ensure that the quantities and
amounts requested reflect the actual work
completed. After each request has been reviewed
(and revised if necessary), we will approve it and
forward it to staff for approval and payment along
with a written statement of completed review. We
will also submit a monthly status report with each
payment request that will advise the City of
compliance with the project schedule.

TKE will track and log any Preliminary and Stop
Notices prior to each month’s progress payment. If
any stop notices have been issued, we will direct
the Contractor to rectify the notice and provide
proof of the rectification prior to release of
payment.

TKE will also provide monthly reports highlighting
project progress, change orders, cost issues, and
schedule.

DELIVERABLES.

Payment Requests and Budget Reports
TASK NO. 2F – AGENCY COORDINATION
TKE’s Construction Managers will review permitting
and coordinate with appropriate County, City,
Caltrans and utility agencies affected by the
work. We will coordinate project schedules and
work progress affecting each of the projects with
each appropriate agency. If appropriate, the
construction manager will invite affected agencies
to attend the weekly progress meetings to review
the project schedule, summarize project
requirements and discuss them at these weekly
meetings.

DELIVERABLES:

Agency Coordination and Permit Acquisition
TASK NO. 3 – POST CONSTRUCTION

MANAGEMENT SERVICES
TKE will provide the following subtasks related to
post construction management services:

TASK 3A - PROJECT CLOSE-OUT
After project construction is essentially complete,
we together with City staff, if desired, will field
review the project and prepare a construction
deficiencies list (punch list) of items requiring
remedial work. After all deficiencies are corrected,
our Construction Manager will prepare a letter,
recommending acceptance of the project. Once
the remedial work is completed, TKE will review
and process the final project invoice.

TKE will assist the City to identify, track and
monitor the completion of warranty work prior to
the construction completion date. We will obtain
lien waivers, bonds, guarantees, warranties, if
required, and other documents required by the
Contract Documents for final Contract Closeout.

In addition, we will prepare the Notice of
Substantial Completion to establish the date for the
commencement of contract warranty periods and
acceptance of maintenance responsibility by
City. We will provide the Contractor with a list of
any remaining incomplete work requirements to be
completed prior to Final Completion.

After all project requirements have been
completed, we will prepare a “Notice of
Completion” report documenting the final
completion of the project and acceptance of the
project improvements by the City.

Once the project has been completed, we will
provide the City with a complete set of redlined
record drawings which will reflect the
improvements as constructed; any changes made
during project construction will be shown on the
record drawings based on contractor’s and our
records.

We will forward copies of all records in digital and
hard copy format (CD ROM and mylar) and we will
prepare a summary of construction changes, final
cost, and schedule revisions.

DELIVERABLES
Record Drawings, Punch List, Final Payment, Project Records, and Notice of Completion
TASK NO. 4 - INSPECTION SERVICES
TKE will provide daily construction inspection and
reporting, to verify that the project is progressing
in compliance with the contract documents. We
will require strict compliance with the contract
documents for all construction activities and for any
equipment or materials to be furnished and
installed. We already possess the measuring
devices and testing equipment normally required
for inspecting public works construction
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 2 | SCOPE OF SERVICES
projects. Our construction inspection personnel
are experienced and knowledgeable in the
operation of said devices and equipment, as well as
the associated safety equipment.

All materials will be reviewed against approved
material submittals as they arrive on-site. Batch
tickets or weigh certificates will be collected upon
material arrival.

Our Construction Inspector will verify SWPPP and
safety provisions have been implemented at the
start of each work day, at the construction
site. Any deviations will be documented. All
system service interruptions, connections and
abandonments will be coordinated with staff. In
addition, he will coordinate and schedule materials
testing and survey requirements with appropriate
parties to ensure there is no delay to the project
construction and to minimize costly down periods
for anyone onsite.

We will digitally photograph the activities and
maintain copies in the project files and our
Construction Inspector will prepare daily field
reports, which will document all observed project
activity, including location of the activity, number
of workers present, construction equipment used,
quantities constructed, inspector present, weather
conditions, and construction progress. All project
documentation will be completed on standard
forms. All documents will be submitted in hard
copy and electronic copy formats. TKE will provide
all inspection equipment needed.

Our inspector will provide emergency contact
information to allow for 24-hour accessibility. He
will verify site safety conditions on a daily basis
and, should conditions be unsafe, advise the
contractor of corrective actions. If the contractor
fails to remediate such condition, he will advise the
City and request direction. Should an accident
occur, we will notify the City and note all site
conditions and photo document the accident
location.

DELIVERABLES:

Daily Field Reports, Site Deficiency Reports, Batch Tickets, Photographs, Accident Reports, Testing Reports, and Summary Reports
TASK NO. 5 - C OMMUNITY O UTREACH
/ P UBLIC R ELATIONS
Depending on the City’s needs, TKE’s strategies are
designed to reach, inform and involve constituents
and stakeholders of planning proposals, projects
and programs. If requested, we can provide
opportunities for interested parties to comment,
enabling actionable analysis of feedback
received. TKE’s outreach methods result in
building greater consensus and public buyin. Services include the design, planning and execution of:

Δ Marketing Campaigns
Δ Public Information
Δ Project Branding
Δ Project Website Design and Construction
Bilingual Project Collateral Materials
(Brochures, Presentation Boards, etc.)
Δ Graphic Design
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 3 | STAFF QUALIFICATIONS
SECTION 3 | STAFF

QUALIFICATIONS
A. PROJECT TEAM
TKE’s project team is committed to providing
services as presented herein.

Terry Renner, Senior Vice President of TKE, will
serve as TKE’s liaison and Construction Manager to
the City. He will be responsible for all services
provided by TKE.

Terry Renner, P.E., Q.S.D.

Construction Manager/ Resident
Engineer
California P.E. No. 69984
Q.S.D. Certification No. 24329
Mr. Renner has over 22 years of construction
experience on civil engineering infrastructure
projects, including pavement rehabilitation,
transportation improvements, drainage
improvements, sewer and water improvements,
facilities improvements and recreation
improvements. He has managed numerous
transportation and drainage projects for the City of
Moreno Valley and has delivered projects for the
City of Highland, Hesperia, Fontana, Rialto, Upland,
Riverside, Redlands, and Corona.

As a Construction Manager, Mr. Renner has been
responsible for construction coordination and
scheduling, utility relocation coordination, public
relations, submittal review, supervising a staff of
inspectors and subconsultants, weekly progress
meetings, request for information responses,
storm water management, progress payments,
change order review and negotiations, labor
compliance, and project closeout. He has
successfully delivered a wide variety of complex
and challenging projects and is dedicated to
ensuring that the projects managed and delivered
by TKE continue to exceed industry standards.

Mr. Renner’s greatest attribute is his ability to
deliver projects on time and on budget. His vast
experience ensures success again and again. He
also understands the importance of working as a
team member. Mr. Renner understands that he will
be given direction from City staff and fully
understands the need to maintain proper protocol
while providing services. He further understands
that his role will be to implement construction that
meets the needs of the City and project documents
while maintaining the project budget.

Mr. Renner can be reached by telephone at
(951)680-0440 and by email at
[email protected].

Jeff Lantosh
Senior Public Works Inspector
APWA – Certified Public Infrastructure Inspector
ICC - Special Inspector, Soils, Structural Masonry,
Reinforced Concrete, and Prestressed Concrete
American Concrete Institute - Certification Staff
Mr. Lantosh has over 12 years of inspection
experience with the providing public works
inspection services. Mr. Lantosh recently
completed inspection for the City of Moreno Valley
for the Citywide Pavement Rehabilitation Program
FY 2020/2021, Amphitheater, and demonstration
garden and has provided inspection and testing
services to several municipalities throughout
Southern California. He has completed project
inspection services for the Cities of Moreno Valley,
Fontana, Riverside, Highland, Calimesa, Riverside
Transit Agency, and the County of San Bernardino.

Mr. Lantosh’s background in public works
inspection and oversight provide him with an
extensive knowledge of ASTM specifications and
OSHA standards. Additionally, Mr. Lantosh has
provided coordination with other project
professional services including geotechnical and
survey. Mr. Lantosh has worked as a Public Works
Inspector for inspection of capital improvements
relating to the construction of pavement
rehabilitation, streets, sewer, drainage, traffic
signals, parks and housing tract improvements.

Mr. Lantosh has prepared daily inspection reports,
developed construction photo logs, assisted with
progress and final payment processing, assisted
with change order negotiations, verified
compliance with contract documents and approved
project submittals, verified public safety
compliance, and developed remedial work lists.

Brad Enscoe
Senior Public Works Inspector
OSHA 30 Cetified
16 Hour QSP Training Seminar
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 3 | STAFF QUALIFICATIONS
APWA, Construction Inspection
March 2010
CMAA, Construction Inspection for Public Works
March 2010
Public Works Inspector Level 1 Testing
Mr. Enscoe has over 13 years of experience
providing public works construction inspection
services. Recently, Mr. Enscoe provided inspection
services to the City of Moreno Valley for the
Citywide Pavement Rehabilitation Program FY
2019/2020 project as well as numerous pavement
rehabilitation and street, drainage, and sewer
improvements to the Cities of Calimesa, Highland,
Hesperia, Adelanto, Menifee, Fontana, Redlands,
and El Monte. In addition to daily inspection
services, Mr. Enscoe has prepared daily inspection
reports, developed construction photo logs,
assisted with progress and final payment
processing, assisted with change order
negotiations, verified compliance with contract
documents and approved project submittals,
verified public safety compliance, developed
remedial work list and system startup inspections.

In addition, Mr. Enscoe has provided coordination
with other project professional services (e.g.

Geotechnical and Surveying)
A full organizational chart of TKE’s in-house
resources is presented later in the section.

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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION C | STAFF QUALIFICATIONS
Construction Manager/Resident
Engineer
Terry Renner, P.E., Q.S.D.

TKE Engineering Inc.

Senior Public Works Inspector
Jeff Lantosh
TKE Engineering Inc.

Senior Public Works Inspector
Brad Enscoe
TKE Engineering Inc.

ORGANIZATIONAL CHART

SUPPORT TEAM
(40+ Members)
Michael P. Thornton P.E., P.L.S. | President Justin Schlaefli, P.E., T.E., P.T.O.E. | Project Manager Steve Ledbetter, P.E. | Vice President Jennifer Cioffi, P.E. | Project Manager Michelle Arellano, P.E. | Senior Plan Check Engineer Octavio Parada | Project Manager Robert Doss, P.E. | Construction Manager Kristine Macalma, EIT | Project Manager Gabor Pakozdi, P.E., Q.S.P./Q.S.D. | Senior Plan
Check Engineer Brian Wolfe, P.E. | Senior Engineer
Monae Pugh | Traffic Engineering Specialist Steve Nix, P.E., P.L.S. | Senior Engineer Ron Musser, P.L.S.| Director of Survey Marvin Lara, EIT | Assistant Construction Manager Brett Enscoe | Survey Party Chief Shelby Kelley, EIT | Associate Engineer Mycal Balta | Survey Travis Bradshaw | Associate Engineer Steve Dukett | Managing Director Development
Services Jose Martinez | Associate Engineer
Kathleen Robles | Development Project Manager Alex Estepa | Associate Engineer Patrick Palafox | Senior Public Works Inspector Jose Hernandez | Associate Engineer Tyler Ault | Senior Public Works Inspector Metehan Gumustekin | Associate Engineer Michael Counce | Senior Public Works Inspector Chance Renner | Assistant Engineer Stephen Biscotti | Senior Public Works Inspector Ayesha Khugyani | Engineering Technician Brian McDuffie | Senior Public Works Inspector Jayden Renner | Engineering Technician Nelson Blackwell | Senior Public Works Inspector Nyesha Burnatte | Engineering Technician Cynthia Sotelo | Proposal Coordinator Emmanuel Perez | Assistant Engineer Michelle Sells | Accounting/Office Manager Daniel Melero | Engineering Technician Deana Vilches | Clerical Tracey McLoughlin | Clerical
Jeannette Barlow | Clerical
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION C | STAFF QUALIFICATIONS

TERRY RENNER,
P.E., Q.S.D.

Construction
Manager/Resident
Engineer

EDUCATION
BS, Civil Engineering, California State
Polytechnic University, Pomona

REGISTRATIONS
P.E. License Number 69984 (CA)
Qualified SWPPP Developer and
Practitioner #24329

CERTIFICATIONS
Caltrans SWPPP Certified QSP/QSD
Training

AFFILIATIONS
American Public Works Association
American Council of Engineering
Companies of California
Mr. Renner is the Senior Vice President of TKE and has over 22 years of experience in civil engineering design, plan checking, project management and construction management of both development and public works infrastructure projects, including grading improvements, street and transportation improvements, pavement rehabilitation, traffic engineering, drainage improvements, water improvements, sewer improvements, facilities improvements and recreation improvements. He currently provides pavement rehabilitation, traffic and transportation engineering services to the cities of Fontana, Calimesa, Upland, Wildomar, Highland, and Adelanto.

His experience includes services during pre-project planning, design, plan review, construction management and inspection, along with operations and maintenance. He also has experience conducting traffic studies, specialized access analysis, parking studies, signal operations, signal timing, and traffic control. He has successfully delivered a wide variety of complex and challenging projects and is dedicated to ensuring that the plans produced by TKE continue to exceed industry standards.

Through his career, Terry has accumulated extensive experience in Construction Management. He has planned, designed and managed construction for more than 30 miles of roadways, street widening, medians, traffic calming, roundabouts, signing and striping modifications, bicycle lanes, and pedestrian facilities for major corridors, arterials, collectors and residential streets. Finally, Terry has overseen public works projects for signal modification and ITS improvements including projects in Caltrans jurisdiction and involving multi-agency coordination.

DETAILED PROJECT EXPERIENCE
• 5th Street Corridor Improvements Project City of Highland, CA– The 5th Street Corridor Improvements Project is located on 5th Street from Victoria Avenue to Palm Avenue in the City of Highland. The project includes construction of approximately one mile of pavement rehabilitation, removal and reconstruction of concrete sidewalks, curbs and gutters, cross-gutters, ADA ramps, bus pads and driveway approaches, construction of catch basins and storm drains, installation of a new traffic signal system at the intersection of 5th Street and Central Avenue, relocation of miscellaneous utilities, raising of various utility manholes/valves and installation of traffic signing, striping and loop detectors. Services include value engineering, striping and signal redesign, utility relocation and coordination, construction management, inspection, construction staking and coordination with property owners. • Safe Route to Schools – Cycle 10, Phase 2 Pedestrian Improvements Project, City of South El Monte, CA – Mr. Renner provided Construction Administration services for the Safe Route to Schools project which is located in the City of South El Monte. The City was awarded funding for the pedestrian path of travel enhancements to provide safety walking paths along Strozier Avenue between Lerma Road and Rush Street. Proposed sidewalk, curb access ramps, striping and signage improvements will be constructed for increased pedestrian safety. The project includes approximately 3,500 linear feet of street and sidewalk improvements together with public outreach and coordination.

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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION C | STAFF QUALIFICATIONS
Services included utility coordination, construction administration, construction management, inspection, and coordination with property owners. • 2nd Street Safe Routes to School, City of Calimesa/Yucaipa, CA – Mr. Renner is providing Construction Administration services for the City of Calimesa for the SR2S funded pedestrian path of travel enhancements to provide safer walking paths along 2nd Street between Avenue “L” and Avenue “H” and along Avenue “L” between 2nd Street and 3rd Street. The project includes construction of proposed curb, gutter and sidewalk improvements for increased pedestrian safety. The project includes approximately 1 mile of street improvements together with structural bridge widening over existing drainage channel, rightof-entry acquisition, public outreach and coordination, utility relocation and roundabout construction at the intersection of County Line Road and 2nd Street. Mr. Renner is responsible for grant management with the Caltrans Local Assistance, project management, bidding services, permitting, construction administration and utility coordination.
• San Bernardino Avenue Street Improvements, City of Fontana, CA - Mr.

Renner provided Construction Administration services for the San Bernardino Avenue street and storm drain improvements project which is located in the City of Fontana north of Interstate 10 Freeway and East of the Interstate 15 Freeway from Commerce Drive to Cherry Avenue. The proposed median and sidewalk improvements minimize turning movements providing for increased vehicular capacity, corridor beautification, and improved traffic and pedestrian safety. Construction Management, Inspection and construction staking is being provided by TKE for approximately 8,800 linear feet of street median, sidewalk and storm drain improvements. TKE provided utility and railroad coordination for the relocation and adjustment of various utility improvements (i.e., power poles, meters, vaults, etc.) and the railroad crossing upgrade. TKE prepared all legal descriptions, right-of-way acquisition plats, temporary construction easement plats and negotiated with property owners for 5 separate parcels
• CV Sync Construction Management, Palm Desert, CA- Mr. Renner serves as the Construction Manager in charge of oversight of all aspects for Phase 1 of the CV Sync project (Formerly CVAG TSSP). This work involves plan review, management and approval of construction scheduling, budget, field work, local agency procedures and more. This project involves coordination and support across twelve agencies in the Coachella Valley The project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transportation System (ITS) elements, ITS sub-systems, and Ethernet/IP-based communications that will be expandable and scalable for future integration of ITS technologies and strategies, such as Integrated Corridor Management (ICM), Smart Cities, Connected and Autonomous Vehicles, a Regional Traffic Management Center (RTMC) and local Traffic Operation Centers (TOC).
• LPP County Line Road Project, City of Yucaipa/Calimesa, CA- Mr. Renner was the project manager for design of the SB1 Local Partnership Program project.

This project consists of the preparation of full construction documents including environmental compliance documents, right-of-way acquisition, utility relocations, plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of four roundabouts, street widening, bicycle lanes, curb and gutter, sidewalk, crosswalks, ADA curb ramps, storm drain, and signing and striping along County Line Road from 4th Street to Bryant Street.

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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION C | STAFF QUALIFICATIONS
JEFF

LANTOSH
Senior Public Works
Inspector

EDUCATION
South West Calibration and
Training, San Bernardino, CA

CERTIFICATIONS
APWA – Certified Public
Infrastructure Inspector
ICC - Special Inspector, Soils,
Structural Masonry, Reinforced
Concrete, and Prestressed
Concrete
American Concrete Institute -
Certification Staff

AFFILIATIONS
American Concrete Institute -
Certification Board
Mr. Lantosh has over 12 years of inspection experience with the providing public works inspection services. Mr. Lantosh has provided inspection services to several municipalities throughout Southern California. He has completed project inspection services for the Cities of Fontana, Riverside, Moreno Valley, Highland, Calimesa, Riverside Transit Agency, and the County of San Bernardino. Mr. Lantosh’s background in public works inspection and oversight provide him with an extensive knowledge of ASTM specifications and OSHA standards. Additionally, Mr. Lantosh has provided coordination with other project professional services including geotechnical and survey. Mr. Lantosh has worked as a Public Works Inspector for inspection of capital improvement and developer installed improvements relating to the construction of water, sewer, streets, drainage, traffic signals, parks and housing tract improvements. Mr. Lantosh has prepared daily inspection reports, developed construction photo logs, assisted with progress and final payment processing, assisted with change order negotiations, verified compliance with contract documents and approved project submittals, verified public safety compliance, and developed remedial work lists.

DETAILED PROJECT EXPERIENCE
• The Citywide Pavement Rehabilitation Program for FY 2020/21 Project included rehabilitation for 6.0 miles along various streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis.
• The Citywide Pavement Rehabilitation Program for FY 2020/21 Project included rehabilitation for 2.4 miles along various local streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation.

TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis.
• The Citywide Pavement Rehabilitation Program for FY 2019/20 Project included rehabilitation for 16.6 miles along various streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION C | STAFF QUALIFICATIONS
included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis.
• Pavement Accelerated Repair Implementation Strategy (PARIS) Program, City of Redlands Mr. Lantosh performed observation and testing on over 400 miles of roads throughout the City. This project entailed grinding and recycling existing pavement, creating a new base layer for asphalt. The City of Redlands features unique challenges, as the soil varies from silty sands on its north side to clayey material to the south. With this, the City heavily relied on field recommendations to ensure a firm and unyielding section to place asphalt. Some recommendations included cement treated soils and/or the use of geogrid. Good faith effort was used to provide value engineering to the City. This project changed the City’s pavement rating from one of the lowest to one of the highest in the state.
• Magnolia Ave. Grade Separations, City of Riverside Public Works, CA – Mr. Lantosh performed observation and testing of reinforced concrete, structural masonry, and soils/earthwork. This project lowered Magnolia Avenue under the Union Pacific Railroad tracks in Magnolia Center. A two track railroad bridge was constructed over Magnolia Ave. As a main arterial for the City, Magnolia Ave. had to remain open at all times to allow first responders to pass through. Railroad operations could not be shut down either, so a shoofly was constructed as well. This project shifted the alignment of Magnolia Ave. and Beatty Drive was widened between Brockton Ave. and De Anza Ave. Traffic signals were installed at the intersections of Beatty Dr., Brockton, Magnolia, and De Anza Avenues. Additionally, Merrill Ave. east and west of Magnolia Ave. was converted to a right turn in/out to facilitate traffic flow. The project required relocation of water and electric facilities maintained by the City of Riverside Public Utilities Department, communication lines owned by AT&T and Charter, gas lines, and relocation of over 6300 feet of sewer line to redirect sewer flows around the grade separation.
• Frederick St. Street Improvements, City of Moreno Valley Public Works Mr. Lantosh performed observation and testing on various soils, concrete, and asphalt work. This project consisted of removal and replacement of cross-gutters, spandrels, and ADA ramps along Frederick St., from Sunnymead Ave. to Cactus Ave. Once soils and concrete work were finished, Frederick St. was grinded and repaved with a new asphalt finish course. I worked closely with the City’s Public Works Department to ensure that work being performed was in compliance with the project plans and specifications. As a main arterial and location for City Hall, this was considered to be a high-profile project. As such, it was important to maintain good relations between the City, its staff, and its residents at all times.
• .

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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION C | STAFF QUALIFICATIONS

BRAD ENSCOE
Senior Public Works
Inspector

CERTIFICATIONS
OSHA 30 Certified
16 Hour QSP Training Seminar
APWA, Construction Inspection
March 2010
CMAA, Construction Inspection for Public
Works March 2010
Public Works Inspector Level 1 Testing
Mr. Enscoe has over 13 years of experience providing public works construction inspection services. Recently, Mr. Enscoe is providing on-call inspection services to the City of Moreno Valley for pavement rehabilitation projects as well as street, drainage, and sewer improvements to the Cities of Fontana, Riverside, El Monte and County of San Bernardino. In addition to daily inspection services, Mr. Enscoe has prepared daily inspection reports, developed construction photo logs, assisted with progress and final payment processing, assisted with change order negotiations, verified compliance with contract documents and approved project submittals, verified public safety compliance, developed remedial work list and system startup inspections. In addition, Mr. Enscoe has provided coordination with other project professional services (e.g. Geotechnical and Surveying).

DETAILED PROJECT EXPERIENCE
• The Citywide Pavement Rehabilitation Program for FY 2020/21 Project included rehabilitation for 6.0 miles along various streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis.
• The Citywide Pavement Rehabilitation Program for FY 2020/21 Project included rehabilitation for 2.4 miles along various local streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation.

TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis.
• The Citywide Pavement Rehabilitation Program for FY 2019/20 Project included rehabilitation for 16.6 miles along various streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis.

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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION C | STAFF QUALIFICATIONS
• Park Boulevard Reconstruction, County of San Bernardino, CA – Mr.

Enscoe performed construction inspection services for this 1 mile stretch of Park Boulevard from Alta Loma Drive to Twentynine Palms, in Joshua Tree, CA. The project included professional construction inspection of asphalt restoration, improvements to sidewalks, curb ramps, driveways, and bus stops.
• Arden Drive Street, Drainage, Sewer, Water, and Traffic Signal Improvements, City of El Monte, CA – Mr. Enscoe performed construction inspection services for approximately 1,600 linear feet of street 8” vitrified clay pipe sewer, 12” ductile iron water, drainage facility improvements and installation of a new traffic signal along Arden Drive between Valley Boulevard and BNSF Railroad Crossing. • San Bernardino Avenue Street Improvements, County of San Bernardino, CA – Mr. Enscoe performed construction inspection services for this 8,800 linear feet of street median, sidewalk, traffic signal and storm drain improvements. This project included coordination with Union Pacific Railroad, the City of Fontana and compliance with requirements of a wide variety of funding sources to construct ultimate street widening improvements including median, curb and gutter, sidewalk, landscaping, traffic signal modification, striping, storm drain and sewer crossings and private onsite improvements. The project included right-of-way acquisition for eight parcels.
• San Bernardino Avenue Median and Traffic Signal Improvements, City of Fontana, CA - Mr. Enscoe performed construction inspection services for installation of a new traffic signal and approximately 300 linear feet of median improvements on San Bernardino Avenue located in the City of Fontana north of Interstate 10 Freeway and East of the Interstate 15 Freeway near Commerce Drive. This project Proposed median and traffic signal improvements were constructed to provide a centralized turning procedure for the Walmart Distribution facility with nearly 1,000 turning movements per day. The project provides for increased vehicular capacity, corridor beautification, and improved traffic and pedestrian safety.
• 5th Street Corridor Improvements Project, City of Highland– Mr.

Enscoe performed construction inspection services for installation of a new traffic signal on 5th Street located in the City of Highland west of the Interstate 210 Freeway. The 5th Street Corridor Improvements Project is located on 5th Street from Victoria Avenue to Palm Avenue in the City of Highland. The project includes construction of approximately one mile of pavement rehabilitation, removal and reconstruction of concrete sidewalks, curbs and gutters, cross-gutters, ADA ramps, bus pads and driveway approaches, construction of catch basins and storm drains, installation of a new traffic signal system at the intersection of 5th Street and Central Avenue, relocation of miscellaneous utilities, raising of various utility manholes/valves and installation of traffic signing, striping and loop detectors. Services include value engineering, striping and signal redesign, utility relocation and coordination, construction management, inspection, construction staking and coordination with property owners. • Serfas Club Drive and Rancho Corona Drive Traffic Signal Improvements, City of Corona, CA - Mr. Enscoe was the construction inspector for the Serfas Club Drive Traffic Signal Improvements Project located in the City of Corona south of the 91 Freeway on Serfas Club A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION C | STAFF QUALIFICATIONS
Drive at Rancho Corona Drive. Proposed improvements, included traffic signal installation construction of ADA curb access ramps, retaining walls, striping and repair of private improvements adjacent to the project site.
• On-Call Inspection Services, San Bernardino Municipal Water Department, CA – Mr. Enscoe is providing on-call inspection services to the City of San Bernardino Municipal Water Department (SBMWD) on numerous public and private improvements related to housing tracts and commercial development projects, as well as capital improvement projects throughout the City. Mr. Enscoe has provided inspection of more than 46 pipeline projects totaling more than 100,000 linear feet of pipeline installation for SBMWD. • On-Call Inspection Services, City of Calimesa, CA – Mr. Enscoe is providing on-call inspection services to the City of Calimesa on numerous public and private improvements related to housing tracts and commercial development projects, as well as utility construction projects, and capital improvement projects throughout the City. • On-Call Inspection Services, City of Menifee, CA – Mr. Enscoe provided on-call inspection services to the City of Menifee on public and private improvements for more than 90 development project related to housing tracts and commercial development, as well as utility construction projects, and capital improvement projects throughout the City.

A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 4 | SIMILAR PROJECTS
A. EXPERIENCE

CITYWIDE PAVEMENT REHABILITATION
PROGRAM (ARTERIALS) FY 2020/21
City of Moreno Valley, CA
Client Contact: Mr. Eddie Godinez
Phone Number: (951) 218-8646
Email: [email protected]
Project Cost: $3.3M
Completion Date: February 2022

DESCRIPTION RELEVANCE TO MORENO
VALLEY
The Citywide Pavement Rehabilitation Program for FY 2020/21 Project included rehabilitation for 6.0 miles along various streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis. • City of Moreno Valley
Experience
• Various Pavement
Rehabilitation Strategies
• Arterial Roadway
Construction and Traffic
Control
• Permitting and Private
Residents and Business
Coordination SERVICES
Services included review and monitoring of Contractor’s daily traffic control, storm water pollution prevention measures and safety procedures, daily oversight and inspection, report preparation, photo log preparation and verification of quantities for payment requests.

KEY STAFF
Terry Renner, P.E.

Jeff Lantosh, CPII
Nelson Blackwell
A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 4 | SIMILAR PROJECTS

CITYWIDE PAVEMENT REHABILITATION
PROGRAM (LOCAL STREETS) FY 2020/21
City of Moreno Valley, CA
Client Contact: Mr. Eddie Godinez
Phone Number: (951) 218-8646
Email: [email protected]
Project Cost: $1.5M
Completion Date: March 2022

DESCRIPTION RELEVANCE TO MORENO
VALLEY
The Citywide Pavement Rehabilitation Program for FY 2020/21 Project included rehabilitation for 2.4 miles along various local streets throughout the City of Moreno Valley.

TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis. • City of Moreno Valley
Experience
• Various Pavement
Rehabilitation Strategies
• Local Streets Construction
and Traffic Control
• Permitting and Private
Residents and Business
Coordination

SERVICES
Services included review and monitoring of Contractor’s daily traffic control, storm water pollution prevention measures and safety procedures, daily oversight and inspection, report preparation, photo log preparation and verification of quantities for payment requests.

KEY STAFF
Terry Renner, P.E.

Jeff Lantosh, CPII
Nelson Blackwell

CITYWIDE PAVEMENT REHABILITATION
PROGRAM FY 2019/20
City of Moreno Valley, CA
Client Contact: Mr. Eddie Godinez
Phone Number: (951) 218-8646
Email: [email protected]
Project Cost: $4.3M
Completion Date: November 2020
A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 4 | SIMILAR PROJECTS

DESCRIPTION RELEVANCE TO MORENO
VALLEY
The Citywide Pavement Rehabilitation Program for FY 2019/20 Project included rehabilitation for 16.6 miles along various streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis. • City of Moreno Valley
Experience
• Various Pavement
Rehabilitation Strategies
• Arterial Roadway
Construction and Traffic
Control
• Permitting and Private
Residents and Business
Coordination SERVICES
Services included review and monitoring of Contractor’s daily traffic control, storm water pollution prevention measures and safety procedures, daily oversight and inspection, report preparation, photo log preparation and verification of quantities for payment requests.

KEY STAFF
Terry Renner, P.E.

Brad Enscoe
Stephen Biscotti

DESERT LAWN DRIVE PAVEMENT

REHABILITATION
City of Calimesa, CA
Client Contact: Ms. Bonnie Johnson
Phone Number: (909) 795-9801
Email: [email protected]
Project Cost: $0.3M
Completion Date: July 2017

DESCRIPTION RELEVANCE TO MORENO
VALLEY
The Desert Lawn Drive Pavement Rehabilitation Project is located in the City of Calimesa between Cherry Valley Boulevard and Champions Drive which included rehabilitation of 6,500 linear feet of frontage road. TKE provided field investigation of existing project limits to identify proposed rehabilitation strategies for street repair, preparation of specifications and preliminary cost estimates. The project included Type II Slurry Seal, cold milling, and asphalt concrete overlay.
• Various Pavement
Rehabilitation Strategies
• Arterial Roadway with
Connections to Interstate
10 Freeway
• Permitting and Private
Residents and Business
Coordination

SERVICES
Services included pavement investigation analysis and treatment recommendations, design, surveying, environmental compliance, construction administration, and construction inspection.

A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 4 | SIMILAR PROJECTS

KEY STAFF
Terry Renner, P.E.

Michael P. Thornton, P.E., L.S.

Steven Ledbetter, P.E.

Ron Musser, L.S.

Brad Enscoe
5TH STREET TRAFFIC SIGNAL AND STREET

IMPROVEMENTS PROJECT
City of Highland, CA
Client Contact: Carlos Zamano
Phone Number: (909) 864-8732 ext. 254
Email: [email protected]
Project Cost: $2.1M
Completion Date: November 2017

DESCRIPTION

RELEVANCE TO MORENO
VALLEY
The 5th Street Traffic Signal and Street Improvements Project is located on 5th Street from Victoria Avenue to Palm Avenue in the City of Highland. The project included construction of approximately one mile of pavement rehabilitation; removal and reconstruction of concrete sidewalks, curbs and gutters, cross-gutters, ADA ramps, bus pads and driveway approaches; construction of catch basins and storm drains; installation of a new traffic signal system at the intersection of 5th Street and Central Avenue; traffic signal modifications at 5th Street and Victoria Avenue; relocation of miscellaneous utilities; raising of various utility manholes/valves and installation of traffic signing, striping and loop detectors. • Public transportation
construction
management project
• Permitting and private
businesses
coordination
• Utility relocation
coordination
• Various pavement
SERVICES rehabilitation strategies
Services included value engineering, striping and signal redesign, utility relocation and coordination, construction management, inspection, construction staking and coordination with property owners.

INTERAGENCY SAFE ROUTES TO SCHOOLS
PROJECT City of Adelanto, CA
Client Contact: Jessie Flores
Phone Number: (760) 246-2300 ext. 11184
Email: [email protected]
Project Cost: $870,000
Completion Date: July 2018

DESCRIPTION

RELEVANCE TO MORENO
VALLEY
A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 4 | SIMILAR PROJECTS
The City of Adelanto was awarded funding for the Interagency Safe Route to School Project.

TKE successfully delivered Construction Management, Inspection, Construction Staking and Grant Management services for 5,000 Linear Feet of Street, Sidewalk and Access Ramp Improvements around Columbia Middle School, Adelanto Elementary School and Westside Park Elementary School.
• Various pavement
rehabilitation strategies
• Coordination with
Residents and schools
• Primary Roadway
SERVICES Reconstruction
Services included construction management, inspection, construction staking, and grant management

KEY STAFF
Brian Wolfe, P.E.

Terry Renner, P.E., Q.S.D.

Brad Enscoe

COUNTY LINE ROAD TRANSPORTATION
CORRIDOR City of Calimesa, CA
Client Contact: Bonnie Johnson
Phone Number: (909) 795-9801
Email: [email protected]
Project Cost: $10.1 Million
($3.7 Million Grant)
Completion Date: August 2021

DESCRIPTION

RELEVANCE TO MORENO
VALLEY
TKE prepared and obtained a grant for the City of Calimesa through the Road Repair and Accountability Act of 2017 (SB1) Local Partnership Program (LPP). TKE is preparing street widening and roundabout improvements for the construction of the County Line Road Transportation Corridor. The Project includes four (4) single-lane and one (1) multi-lane roundabouts, together with street, pedestrian, and bicycle improvements, to improve safety and efficiency throughout the corridor. The innovative approach to implement roundabout intersection throughout the corridor provides adequate capacity and level of service to remain a two-lane street; thus, significantly reducing right-of-way and construction costs to construct a four-lane corridor.
• Major arterial
reconstruction
• concrete pavement
construction
• Various Pavement
Strategies
• Extensive utility
coordination and
permitting

SERVICES
Services include grant coordination and management, design, topographic survey, right-of-way engineering, environmental assistance, roadway safety analysis, preparation of exhibits, cost estimates, coordination with California Transportation Commission, construction management, inspection, and construction staking

KEY STAFF
Michael P. Thornton, P.E., L.S.

Terry Renner, P.E., Q.S.D.

Steven Ledbetter, P.E.

Ron Musser, L.S.

Monae Pugh
A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 4 | SIMILAR PROJECTS
CALIMESA SAFE ROUTE TO SCHOOLS (SR2S)
City of Calimesa, CA
Client Contact: Bonnie Johnson
Phone Number: (909) 795-9801
Email: [email protected]
Project Cost: $1.5 Million
Completion Date: July 2016

DESCRIPTION RELEVANCE TO MORENO
VALLEY
The City of Calimesa was awarded funding for the pedestrian path of travel enhancements to provide increased safety for walking paths along 2nd Street between Avenue “L” and Avenue “H” and along Avenue “L” between 2nd Street and 3rd Street. Proposed curb, gutter and sidewalk improvements will be constructed for increased pedestrian safety. The project includes 1 mile of street improvements together with structural bridge widening over existing drainage channel, right-of-entry acquisition, public outreach and coordination. • Various pavement
rehabilitation strategies
• Coordination with
residents and schools
Primary roadway reconstruction

SERVICES
Services included funding administration through Caltrans Local Assistance, design, surveying, environmental compliance, utility coordination, right-of-entry acquisition documents, construction management, inspection, construction staking, and negotiation with property owners

KEY STAFF
Terry Renner, P.E.-Project Manager
Michael P. Thornton, P.E., L.S.-Principal In Charge
Ron Musser, L.S.- Surveyor
Brad Enscoe – Public Works Inspector
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 5 | STAFF AVAILABILITY
A. AVAILABILITY TO PERFORM WORK
TKE Inspector are currently working on projects scheduled to be completed by the time Moreno Valley’s project starts and will be available as needed to complete inspection services.

TKE is committed to completing all of the services required for the duration of the contract and any extensions approved by the City. TKE will always find the City as a priority client. As such, resources needed to complete the required tasks will be provided.

TKE has extensive experience with an excellent reputation in the provision of on-call construction management and inspection services for municipal agencies. Throughout our history, we have provided municipal, land development, design, and construction engineering support services for agencies. We have successfully completed complex and challenging projects for a variety of municipal agencies who have continued to request that we partner with them in delivering value to their communities.

R ESOURCES
TKE has strived to develop techniques that reach outside the box and develop well rounded individuals committed to providing high quality, efficient services to meet all of our clients’ needs. TKE trains our staff on every facet of engineering design to provide a level of knowledge that can identify problems in every phase of the project during design. It is this commitment to service and diverse array of offerings that makes us unique and drives our long-standing relationships with our client base. Understanding that all aspects of civil engineering are important to ensure the City’s interests are protected, our team brings TKE management level professionals to projects ensuring that every aspect receives full and comprehensive consideration. It is this personal touch and contact that define our ‘local service’ approach. We consider ourselves community builders and take ownership of services requested from TKE, ensuring that our personnel will be allocated on an as needed basis in order to complete all services on schedule and within specified budget. TKE is committed to responding to our clients’ needs as they arise.

NAME/ROLE CURRENT WORK %

COMMITMENT
TERRY RENNER, P.E.,
Q.S.D.

Construction Manager /
Resident Engineer
Sierra Avenue Widening Project City of Fontana 30%
Traffic Signal Synchronization Project
Coachella Valley
Association of
Governments
10%
Years with firm: 22 County Line Road Improvement Project City of Calimesa 25% TKE Engineering, Inc. Proposed Project Availability: 35%

JEFF LANTOSH
Senior Public Works Inspector
County Line Road Improvement Project City of Calimesa 100% Years with firm: 1
TKE Engineering, Inc. Proposed Project Availability: 100%

BRAD ENSCOE
Senior Public Works Inspector
Various Water Improvements Riverside Public Utilities 100% Years with firm: 13
TKE Engineering, Inc. Proposed Project Availability: 100% A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION 5 | STAFF AVAILABILITY
TKE is aware of the City’s need to complete projects on schedule. We are committed to providing services as requested in the RFQ to ensure all projects are completed on schedule. TKE’s proactive management approach ensures we rarely experience ‘crisis’ project delivery needs. When requested by a client, TKE will add resources, commit extended work hours, develop an efficient implementation plan and other efforts as needed to bring the project back on schedule at no charge to the City.

WORKLOAD
TKE currently provides similar services to the City and to other clients; however, as can be verified by our references, TKE effectively meets the needs of our clients. If selected, TKE is committed to meeting all of the City’s needs. TKE’s local service approach ensures that the City’s needs will be met and TKE will constantly exceed the City’s expectations. TKE maintains state of the art conferencing and communications equipment. We are fully capable of hosting multi-participant meetings including video conferencing. TKE, with its current clients, already utilizes similar tools including clients’ ability to view host computer screens for document development and review.

F IRM S TABILITY
TKE’s organizational structure has steadily grown since our inception nineteen years ago, which provides us with a solid foundation and ensures successful completion of any City project. In TKE’s 22 years of business, not a single TKE project has gone through litigation. TKE has an annual gross revenue of more than $10 million and there are no financial conditions that may impede TKE’s ability to provide services or complete the services as outlined in the RFP. No conditions or organizational conflicts of interest exists that will affect the ability of TKE to perform the required duties as described in this proposal A.31.b
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Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley
SECTION E | PROJECT SCHEDULE

R EFERENCES
Please see the Table below for a small, but representative list of agencies who have and continue to request TKE Engineering (TKE) to assist them in delivering valuable projects to their communities. We respectfully request that you verify our qualifications with the listed references.

AGENCY CONTACT NAME CONTACT INFO
City of Moreno Valley
14177 Frederick Street
Moreno Valley, Ca 92553
Eddie Godinez
Senior Construction Inspector
Public Works
P: (951) 413-3127
[email protected]
City of Highland
27215 Baseline
Highland, Ca 92346
Carlos Zamano
Public Works Director
P: (909) 864-6861
[email protected]
City of Calimesa
908 Park Avenue
Calimesa, Ca 92320
Bonnie Johnson
City Manager
P: (909) 795-9801
[email protected]
City of Fontana
Public Works Department
16489 Orange Way
Fontana, Ca 92335
Phil Burum
Deputy City Manager
P: (909) 350-6727
[email protected]
City of Hesperia
9700 Seventh Avenue
Hesperia, Ca 92345
Nils Bentsen
City Manager
P: (760) 947-1901
[email protected]
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APPENDIX A
A.31.b
Packet Pg. 1236 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program - Arterial and Collector Street City of Moreno Valley

APPENDIX A

1. This RFP be incorporated in its entirety as a part of the TKE Engineering Inc. Proposal.

2. TKE agrees that this RFP and the 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. TKE 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. See Cove Letter

5. See RFP

6. TKE 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. See Availability Chart.

8. TKE 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.

9. TKE agrees that 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. TKE 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. TKE agrees that the 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. TKE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

13. TKE will follow all federal laws and regulations and 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. TKE 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. TKE shall comply with the Davis-Bacon Fair Labor Standards A.31.b
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APPENDIX A
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. TKE 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. TKE 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.

A.31.b
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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.31.b
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EXHIBIT D

TERMS OF PAYMENT

1. The Consultant's compensation shall not exceed $ 412,330.00_ .

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 Division at email:
[email protected] or calls directed to (951) 413-3120.

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.31.b
Packet Pg. 1241 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 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.31.b
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2.) Total
Task No. Task Hours $ Hours $ Hours $ Hours $ $ $
Scope of Services
Construction Management Services
Task No. 1 - Preconstruction Services
Task No. 1a Quality Assurance/Quality Control 16 $ 2,640 8 $ 1,080 4 $ 340 8 $ 960 $ - $ 5,020 Task No. 1b - Preconstruction Meeting 8 $ 1,320 16 $ 2,160 8 $ 680 4 $ 480 $ - $ 4,640 Task No. 2 - Construction Management Services During Construction Task No. 2a - Records Management 8 $ 1,320 16 $ 2,160 40 $ 3,400 80 $ 9,600 $ - $ 16,480 Task No. 2b - Material Submittal Review 8 $ 1,320 24 $ 3,240 8 $ 680 4 $ 480 $ - $ 5,720 Task No. 2c - Construction Meetings 64 $ 10,560 64 $ 8,640 24 $ 2,040 60 $ 7,200 $ - $ 28,440 Task No. 2d - Construction Management and Labor Compliance 120 $ 19,800 360 $ 48,600 40 $ 3,400 $ - $ - $ 71,800 Task No. 2e - Pay Requests 16 $ 2,640 40 $ 5,400 24 $ 2,040 40 $ 4,800 $ - $ 14,880 Task No. 2f - Agency Coordination 8 $ 1,320 16 $ 2,160 8 $ 680 32 $ 3,840 $ - $ 8,000 Task No. 3 - Post Construction Management Services
Task No. 3a - Project Close-Out 8 $ 1,320 24 $ 3,240 16 $ 1,360 32 $ 3,840 $ - $ 9,760 Task No. 4 - Inspection Services 24 $ 3,960 4 $ 540 40 $ 3,400 1800 $ 216,000 $ - $ 223,900 Task No. 5 - Community Outreach / Public Relations 8 $ 1,320 16 $ 2,160 40 $ 3,400 40 $ 4,800 $ - $ 11,680 Subtotal: 288 $ 47,520 588 $ 79,380 252 $ 21,420 2,100 $ 252,000 $ - $ 400,320 Reimbursables (@3%)1.): $ 12,010
Rates: Notes: Construction Management Total: $ 412,330
Construction Manager $ 165 /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.

Office Engineer $ 135 /HR 2.) Assumes Construction Period of 150 Working Days Clerical $ 85 /HR
Inspector $ 120 /HR
TKE Engineering, Inc.

City of Moreno Valley
Professional Consultant Construction Management and Inspection Services for Citywide Pavement Rehabilitation Program Fiscal Year 2021/22 (Arterials and Collector Streets) Project Consulting Engineering Fee
Project No. 801 0096
Construction Manager Office Engineer Clerical Inspector A.31.b
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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.31.b
Packet Pg. 1244 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN

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.31.b
Packet Pg. 1245 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 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.31.b
Packet Pg. 1246 Attachment: Agreement with TKE Engineering Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 1 AGREEMENT FOR PROFESSIONAL CONSULTANT

GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR
CITYWIDE PAVEMENT REHABILITATION PROGRAM FY 2021-22
(ARTERIAL AND COLLECTOR STREETS)
PROJECT NO. 801 0096
This Agreement is made and entered into this _____ day of _____________ 2022 (“Effective Date”) by and between the City of Moreno Valley, California, a municipal corporation, hereinafter described as "City," and Aragon Geotechnical, 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 (Arterial and Collector Streets) Project No. 801 0096" 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.31.c
Packet Pg. 1247 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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 Proposals (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 $255,751.00 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.31.c
Packet Pg. 1248 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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:

A.31.c
Packet Pg. 1249 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.c
Packet Pg. 1250 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.c
Packet Pg. 1251 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.c
Packet Pg. 1252 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.c
Packet Pg. 1253 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.c
Packet Pg. 1254 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.c
Packet Pg. 1255 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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.31.c
Packet Pg. 1256 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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:

A.31.c
Packet Pg. 1257 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN AGREEMENT FOR PROFESSIONALCONSULTANT SERVICES – PROJECT NO. 801 0096 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
A.31.c
Packet Pg. 1258 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Aragon Geotechnical, 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
A.31.c
Packet Pg. 1259 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN Capital Projects Division Page 1 of 11
City of Moreno Valley
Request for Proposal
Professional Geotechnical and Material Testing Services Project No. 801 0096
Citywide Pavement Rehabilitation Program Fiscal Year 2021-22 (Arterial and Collector Streets)
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
A.31.c
Packet Pg. 1260 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project No. 801 0096
Capital Projects Division Page 2 of 11
I. Invitation
You are hereby invited to submit a Proposal for Geotechnical and Material Testing Services for Project No. 801 0096 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 a separate electric file for cost proposal.

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
A.31.c
Packet Pg. 1261 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project No. 801 0096
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 (Project No. 801 0096) 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.

This project provides pavement rehabilitation and preservation for approximately 67 arterial and collector street segments throughout the City. The work includes the reconstruction of a number of access ramps within repaving limits; localized pavement repairs; application of Type 2 slurry seal; removal and replacement of asphalt pavement surfaces; installation of permanent traffic video detectors; and reestablishment of traffic striping and signs. The project includes base bid work items and additive bid work items with a total of 150 working days for the Contractor to complete the construction.

Please refer to project’s Contract Documents (Attachment D) and Construction Plans (Attachment E) 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.

Testing of PCC – Review mix design and perform testing on PCC materials to be used for access ramps reconstruction.

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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).

5. Number of hours per week for each proposed staff that the firm can commit to provide the required services.

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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.

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.

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Packet Pg. 1264 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project No. 801 0096
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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.

2. A rate schedule aligned with titles in the resource allocation matrix in Technical Proposal.

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Packet Pg. 1265 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project No. 801 0096
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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.

E. The City will pay the Consultant for work hours completed for each month.

F. Reimbursement costs related to vehicle/transportation, mileage, printing, telephone, A.31.c
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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.

XI. INDEPENDENT CONTRACTOR
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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 provide the required services in an efficient and expeditious manner.

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Packet Pg. 1268 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN RFP for Professional Services for Geotechnical and Material Testing Services April 2022 Project No. 801 0096
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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’s Contract Documents
E. Project’s Construction Plans
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Packet Pg. 1269 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN Consultants in the Earth & Material Sciences
Disadvantaged Business Enterprise (DBE) No. 45365
Small Business Enterprise (SBE) No. 1182800
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
RESPONSE TO RFP INVITATION NO 202-505
PROFESSIONAL GEOTECHNICAL & MATERIALS TESTING SERVICES – ARTERIAL AND COLLECTOR STREETS – PROJECT NO. 8010096,
CITYWIDE PAVEMENT REHABILITATION PROGRAM FY 2021-22

CITY OF MORENO VALLEY, CALIFORNIA
PREPARED FOR:

CITY OF MORENO VALLEY – CAPITAL IMPROVEMENTS DIVISION
14177 FREDERICK STREET
MORENO VALLEY, CALIFORNIA 92501
PROPOSAL NO. TR-22-1577
MAY 9, 2022
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Packet Pg. 1270 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 16801 Van Buren Blvd., Bldg. B
Riverside, CA 92504
DBE No. 45365
SBE No. 1182800
MBE No. 19000092
DIR No. 1000008509
Tel: 951.776.0345 ● Fax:
www.aragongeo.com
951.776.0395
Consultants in the Earth &Material Sciences
Disadvantaged Business Enterprise (DBE) No. 45365
Small Business Enterprise (SBE) No. 1182800
Proposal No. TR-22-1577
May 9, 2022
City of Moreno Valley – Capital Improvements Division
14177 Frederick Street
Moreno Valley, California 92552
Attention: Capital Improvements Division
Subject: Response to RFP Invitation No. 2022-505 - Professional Geotechnical and Materials Testing Services - Arterial and Collector Streets - Project No. 8010096, Citywide Pavement Rehabilitation Program FY 2021-22 City of Moreno Valley, California
Dear Capital Improvements Division:

In accordance with RFP Invitation No. 2022-505 released by the City of Moreno Valley – Capital Improvements Division on April 19, 2022, Aragón Geotechnical Inc. (AGI) has prepared this letter of transmittal and Statement of Qualifications (SOQ) to provide Professional Geotechnical and Materials Testing Services in support of Citywide Pavement Rehabilitation Program operations. AGI is experienced and capable of performing the requested services effectively and efficiently for the City. Additionally, AGI is signatory to Local 12 operating Engineers, which is our appropriate union.

AGI has prepared this cover letter and the following subsections within our technical proposal:

1. AGI’s Qualifications, Experience and Background

2. Project Understanding & Approach

3. Scope of Services

4. Proposed Personnel and Project Time Commitment

5. Similar Projects & References

6. Cost Proposal
Presented below is our firm identification information and primary point of contact for the SOQ evaluation phase.

ARAGÓN GEOTECHNICAL, INC.
16801 Van Buren Boulevard, Building B, Riverside, California 92504 Phone 951-776-0345 / Fax 951-776-0395 / [email protected] C. Fernando Aragón, President / [email protected]
DBE, SBE, MBE and DIR
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Packet Pg. 1271 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 16801 Van Buren Blvd., Bldg. B
Riverside, CA 92504
DBE No. 45365
SBE No. 1182800
MBE No. 19000092
DIR No. 1000008509
Tel: 951.776.0345 ● Fax:
www.aragongeo.com
951.776.0395
May 9, 2022
Page No. 2
City of Moreno Valley Project No. 8010076
Proposal No. TR-22-1577
AGI acknowledges that it has received and reviewed Addendum Nos. 1 thru 3 via PlanetBids dated April 26, 2002, April 29, 2022 and May 3, 2022, respectively. AGI’s SOQ shall remain valid for a period of 180 days from the date of submittal. The undersigned has contractual responsibility and is attesting that all information submitted within this SOQ is true and correct.

If selected, AGI will execute a Letter of Assent with the City.

As you will see in our provided SOQ package, AGI’s team will bring decades of experience acquired by talented professionals in the fields of geotechnical engineering, laboratory and field materials testing. Please feel free to contact the undersigned, who will be the primary point of contact throughout the SOQ evaluation phase and is authorized to bind the terms of the proposal, if you have any questions.

If you should have any questions, please do not hesitate to contact the undersigned by email or by phone at (951) 776-0345.

Respectfully Submitted,
C. Fernando Aragón, P.E., G.E.

President
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Packet Pg. 1272 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 3
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509

TABLE OF CONTENTS

1. AGI’S QUALIFICATIONS, EXPERIENCE AND BACKGROUND.......................................... 4 Firm Profile ........................................................................................................................... 5 Experience ............................................................................................................................ 5 Materials Laboratory Certifications..................................................................................... 6

2. PROJECT UNDERSTANDING AND APPROACH ................................................................ 7 Project Understanding......................................................................................................... 8 Project Approach.................................................................................................................. 8

3. SCOPE OF SERVICES ........................................................................................................10 Project Scope ......................................................................................................................11

4. PROPOSED PERSONNEL AND PROJECT TIME COMMITMENT......................................12 Key Personnel .....................................................................................................................13 City of Moreno Valley / AGI Organizational Chart .............................................................13 Testing Technicians and Inspectors..................................................................................17 Organizational Chart ...........................................................................................................18

5. SIMILAR PROJECTS & REFERENCES ..............................................................................19 Similar Projects ...................................................................................................................19 References...........................................................................................................................20

6. COST PROPOSAL...............................................................................................................21 Additions or Exceptions to the City’s Request for Proposal............................................22 A.31.c
Packet Pg. 1273 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 4
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509

1. AGI’S QUALIFICATIONS, EXPERIENCE AND BACKGROUND
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Packet Pg. 1274 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 5
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
Firm Profile
Aragón Geotechnical Inc. (AGI) is a highly qualified geotechnical and construction materials testing firm with significant experience in providing services for cities, municipalities and other governmental agencies. AGI is committed to providing geotechnical, pavement engineering services, materials testing, and construction field inspection services with a superior degree of professional excellence and proficiency. We offer clients individual attention and provide innovative solutions at a competitive cost.

AGI traces its roots to the year 1973, followed soon after by the establishment of the present headquarters office in the Woodcrest area of Riverside County. The firm will apply decades of experience acquired by talented professionals in the fields of geotechnical engineering, engineering geology, hydrogeology, earthquake engineering, and materials engineering and testing to the City. Our staff regularly attends scientific conferences and specialty training sessions to stay abreast of cutting-edge technologies and new developments in our disciplines. AGI is a State of California Small Business Enterprise (SBE #1182800), Minority Business Enterprise (MBE # 19000092) and Disadvantaged Business Enterprise (DBE # 45365). AGI has California Department of Transportation (Caltrans) certified facilities and is AASHTO Resource (Formerly AMRL) and Cement and Concrete Reference Laboratory (CCRL) accredited.

Headquartered for over 20 years in the Woodcrest area of Riverside, AGI is located within Riverside County. Professionals and staff occupy a modern two-story commercial building that is fully equipped with an on-site soils, concrete and asphalt concrete testing laboratory.

The company presently employs approximately 30 full-time employees and consultants and can call on several affiliate firms to increase its work force when demanded by either expertise requirements or staffing. Currently led by a second-generation geotechnical engineer, AGI diligently serves its clients with quality in mind. AGI has/will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Experience
AGI has had the opportunity to work on a wide array of projects throughout the decades, which include:
• Currently on-call with several local agency, including the City of Moreno Valley. • Private commercial development projects (geotechnical engineer of record, mass grading and post grading materials testing services).
• City and County projects (on-call geotechnical and/or materials testing services, federally funded local assistance procedures manual (LAPM) / quality assurance program (QAP) projects, Community Development Block Grant (CDBG) projects, Capital Improvement Projects (CIP)) and Pavement Management Program (PMP) projects.
• Hot Mix Asphalt (HMA) and Partial Depth Recycling (PDR) Quality Control services for Caltrans projects.
• Material qualification testing for Hot Mix Asphalt (HMA), Aggregate and Portland Cement Concrete (PCC) suppliers.
• HMA, PDR, PCC, Cold In-Place Recycling (CIR), Cold Central Plant Recycling (CCPR), Cement Treated Base (CTB), Cement Stabilized Pulverized Base (CSPB) Mix Design Services.

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Packet Pg. 1275 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 6
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
As presented above, AGI has performed mostly all roles related to the geotechnical engineering and materials testing industry. We believe this gives us a deeper understanding of the industry as a whole and allows us to work diligently and proactively for the City.

Specifically relating to providing services listed in the City’s RFP, AGI has and currently is performing on-call duties for various cities and counties. AGI’s key personnel, which will be introduced in forthcoming sections of this SOQ, have been working together for the last decade. AGI’s personnel core has afforded consistency to not only to AGI but also its clients and projects throughout the years.

AGI takes pride in our ability to manage and coordinate services, deliver quality products/services, and be a reliable provider and meet project deadlines. Project engineers and managers work diligently to determine project needs and coordinate with geologists, field technicians, subcontractors, inspectors and the client to make sure all facets of the project are met. Our office and field personnel are outfitted with laptops and tablets in order to reduce the use of paper and increase our efficiency for daily and final report transmittals. Our laboratory prides itself on industry leading turn around times on laboratory testing made possible by our talented and experience laboratory team. To our knowledge, AGI has not been the reason for holding up a project or missing a deadline. AGI team members work diligently meet and often beat deadlines.

Materials Laboratory Certifications
AGI has endeavored to obtain specialty certifications reflective of high degrees of staff training and well-maintained equipment. AGI holds the following accreditations:
• AASHTO Resource (Formerly AMRL) - Attached is a copy of AGI’s AASHTO Accreditation.
• CCRL (Cement and Concrete Reference Laboratory) - Attached is a copy of AGI’s AASHTO Concrete Accreditation.
• Caltrans (California Department of Transportation) - Attached is AGI’s Caltrans Laboratory Accreditation.

A.31.c
Packet Pg. 1276 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 7
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509

2. PROJECT UNDERSTANDING AND APPROACH
A.31.c
Packet Pg. 1277 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 8
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
Project Understanding
AGI understands that the City of Moreno Valley is seeking qualified firms to perform professional Geotechnical and Material Testing Services for the Citywide Pavement Rehabilitation Program. This project includes pavement rehabilitation and preservation for approximately 67 arterial and collector street segments throughout the City. More specifically, the proposed project includes:
• Reconstruction of various access ramps within repaving limits; • Localized pavement repairs;
• Type 2 slurry seal;
• Removal and replacement (R&R) of asphalt concrete pavement; • Installation of permanent traffic video detectors; and • Reestablishment of traffic striping and signs.

AGI has reviewed the provided project Contract Documents (Attachment D) and Construction Plans (Attachment E) and utilized them for a basis of this proposal. The construction plans depict the base bid (Phases 1 – 3) with additive alternate no. 1 (Phase 4) and alternate no. 2 (Phase 5). Additive alternates are not guaranteed to be awarded. This RFP shall be incorporated in its entirety as a part of the AGI's Proposal. If selected, AGI's Proposal will jointly become part of the Agreement for Professional Consultant Services for this project when said Agreement is fully executed by the AGI and the City of Moreno Valley.

Project Approach
AGI will attend any pre-construction meeting(s) and begin coordinating material submittal inquiries to determine if material mix designs meet material and project specifications. AGI will also work on obtaining representative native soil, aggregate base, Hot Mix Asphalt (HMA) and Portland Cement Concrete (PCC) composite and separated materials prior to placement operations for material qualification and or preparation testing. Preparation testing includes, but is not limited to, maximum density optimum moisture content determinations and HMA ignition oven correction factors to name a couple. This will provide a more continuous workflow and allow for expedited relative compaction testing results during subgrade/aggregate base/HMA compaction operations. This eliminates pending relative compaction test results due to unavailable maximum density values.

AGI key personnel will work will contribute to this project’s effective and efficient coordination and communication thought this project. AGI has various field technicians and inspectors at its disposal for this project which can accommodate various operations occurring at once.

AGI has found that keeping the same field technician(s) on project from construction commencement to completion has yielded effective and efficient coordination and communication thought this project with the contractor and its subcontractors. AGI will pledge to attempt to avoid rotating various field technician throughout construction operations and phases in order to maintain consistency and continuity. AGI acknowledges and understands that unforeseen circumstances and emergencies occur. In these situations, AGI will provide a qualified and experienced alternate staff in the event of the primary staff is not able to come to work.

AGI’s technicians are equipped with internet accessible tablets for efficiency and convenience. Daily Field Reports (DFR’s) will be provided the following day to an AGI project manager which will promptly review and distribute them to the desired inspector and/or City A.31.c
Packet Pg. 1278 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 9
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
representative. Paper carbon-copy DFR’s can also be used at the City’s request. AGI 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. Upon completion of construction operations, AGI will issue a limited observations and material testing report to the City. This report may be issued at the completion of all phases or on an per phase basis. 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.

A.31.c
Packet Pg. 1279 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 10
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509

3. SCOPE OF SERVICES
A.31.c
Packet Pg. 1280 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 16801 Van Buren Blvd., Bldg. B
Riverside, CA 92504
DBE No. 45365
SBE No. 1182800
MBE No. 19000092
DIR No. 1000008509
Tel: 951.776.0345 ● Fax:
www.aragongeo.com
951.776.0395
May 9, 2022
Page No. 11
City of Moreno Valley Project No. 8010076
Proposal No. TR-22-1577
Scope of Services
AGI understands the City is seeking a qualified firm to provide materials sampling and testing services in conformance with the project specifications. More specifically, the required services involved with this project include:
• Pre-production testing of slurry seal
o Perform mix design submittal reviews pre-construction operations. o Test the emulsion to determine particle charge, distillation, percent residue and viscosity SSF. It should be noted that this testing can be satisfied by utilizing the emulsion supplier’s Certificate of Compliance (COC) since this testing is already performed by them. Nonetheless, the emulsion tests can still be performed.
o Test aggregate to determine washed grading and sand equivalent. o Sample field samples for extraction, consistency and Wet Track Abrasion Testing (WTAT) to confirm mix design compliance. These samples are typically collected on a designated street section or “test strip” one or two weeks prior to slurry seal operations.
• Production testing of slurry seal
o Sample and test materials twice weekly for percent emulsion, residual asphalt, consistency and Wet Track Abrasion Testing (WTAT).
• Construction observation and testing of aggregate base and subgrade materials o Perform observations and materials testing during subgrade preparation, recompaction/soft areas and aggregate base placement. • Testing of HMA/ARHM and placement observation
o Perform mix design submittal reviews pre-construction operations. o Perform observations and materials testing during subgrade preparation, recompaction/soft areas, aggregate base placement, and HMA/ARHM placement.
• Testing PCC
o Perform mix design submittal reviews pre-construction operations. o Perform materials observations and materials testing during construction.

AGI understands that we may be asked to perform additional work as requested and approved in advance by the City, as the budget and necessity allows in order to complete this project.

A.31.c
Packet Pg. 1281 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 12
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509

4. PROPOSED PERSONNEL AND PROJECT TIME COMMITMENT
A.31.c
Packet Pg. 1282 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 13
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
Key Personnel
AGI’s primary team members who will share responsibilities for project management services are presented below. The firm strongly believes in collaborative interactions between our scientists, engineers and field quality control personnel to optimize solutions and minimize design problems. Project technicians are generally selected by the AGI project manager based on their expertise, project complexity or special requirements. Current availability and years of experience are presented below.

Key Staff/ Role/Function Years of Experience Hours per Week C. Fernando Aragon, PE, GE
Principal Engineer
Lead Project Manager
25 5
Mark G. Doerschlag, PG, CEG
Senior Geologist
Soil Investigation Project Lead
38 5
Luis Arguello III, EIT/PE
Project Engineer/Manager
Pavement Engineering, Project
Manager
10 5
The number of hours per week for each proposed key personnel that AGI can commit to provide the required services is based on a 40-hour work week. Key personnel will be available to the extent proposed for the duration of the required services. No personnel designated as “key” to the project shall be removed or replaced without prior written concurrence of the City. Key Personnel resumes are presented in the following pages.

City of Moreno Valley / AGI Organizational Chart
Presented below is a second organization chart which depicts the proposed communication and reporting relationship between AGI project staff and City staff.

Owner
City of Moreno Valley
President / Pricipal
Carlos Fernando Aragon , PE , GE
Chief Engineering Geologist
Mark Doerschlag, P.G., C.E.G.

Project Engineer/Manager
Luis Arguello III, P.E./E.I.T.

Staff Engineer
James Burling
A.31.c
Packet Pg. 1283 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 14
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
C. FERNANDO ARAGÓN, M.S., P.E., G.E.

CIVIL ENGINEER, GEOTECHNICAL ENGINEER
Mr. Aragón has designed septic systems, drafted
geologic maps, prepared boring logs and laboratory
results, managed projects, overseen materials testing for the CCRL, AMRL and Caltrans approved laboratory, and
prepared calculations for reports. Mr. Aragon has also
managed all laboratory and field quality control and
quality assurance services. Mr. Aragon has experience in slope stability, settlement analyses, liquefaction
analyses, bearing capacity calculations, aggregate
analyses, geotechnical investigation reports and
recommendations. Mr. Aragon has extensive experience
in the field of pavement engineering, including
experience with distressed pavement evaluations, pavement structural section design, hot asphalt concrete mix designs, cold recycled asphalt mix designs, quality control and quality assurance testing for hot asphalt concrete and cold recycled asphalt, and plan preparation and specifications for rehabilitation projects, including replacement of facilities and recycling of existing materials.

Mr. Aragón has been the Geotechnical Engineer on several utility improvement projects throughout the State of California including but not limited to storm drains, waterlines, electrical lines, sewer lines, fiber optic lines and gas lines.

Mr. Aragón has severed and continues to serve as an on-call Geotechnical Engineer to for contractors, municipal agencies, and developers.

Recent Relevant Experience:

SAN BERNARDINO COUNTY PUBLIC WORKS ON-CALL INSPECTION AND MATERIALS

TESTING SERVICES (SAN BERNARDINO COUNTY, CA)
Provided project management and materials engineering services during the recent placement and compaction of Hot Mix Asphalt (HMA) Concrete at Glen Helen Amphitheater. Oversight of our Caltrans accredited field technicians and laboratory during construction. Issuance of a final materials testing report for quality assurance contract compliance.

Role: Lead Project Manager, Engineer

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION RAMONA AAB FACILITY IMPROVEMENTS (SAN DIEGO COUNTY, CA)
Provided geotechnical and pavement engineering services for AGI’s geotechnical investigation study for proposed barracks, the retardant tanks plus related distribution trenches and loading pits, and replacement PCC aircraft pavement.

Role: Lead Project Manager, Engineer

TOWN OF APPLE VALLEY QA STODDARD WELLS ROAD WIDENING MATERIALS TESTING SERVICES (TOWN OF APPLE VALLEY, CA)
Provided project management and materials engineering services during the recent mixing, placement and compaction of Cement Stabilized Pulverized Soil (CSPS) and Hot Mix Asphalt (HMA) Concrete at Stoddard Wells Road Widening. Oversight of our Caltrans accredited field technicians and laboratory during construction. Issuance of a final materials testing report for quality assurance contract compliance.

Role: Lead Project Manager, Engineer

TOTAL YEARS OF EXPERIENCE
- 25 years

YEARS WITH CURRENT FIRM
- 25 years

EDUCATION
- B.S., Civil Engineering,
Loyola Marymount
University of Los Angeles,
California
- M.S., Civil Engineering
with emphasis in Geo
Engineering, University of
California, Berkeley

REGISTRATIONS
- CA: Registered Civil
Engineer
No. 72277
- CA: Registered
Geotechnical Engineer
No. 2994

CERTIFICATIONS
- California Department of
Transportation, Certificate
of Proficiency
- Radiation Safety Officer
- Portable Nuclear Gauge
Safety Certified
A.31.c
Packet Pg. 1284 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 15
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
MARK DOERSCHLAG, M.S., P.G., C.E.G.

PROFESSIONAL GEOLOGIST, CERTIFIED ENGINEERING GEOLOGIST Mr. Doerschlag has surpassed 38 years of full-time
experience (27 as a licensee) in engineering geology and related disciplines in geotechnical engineering. He
initiated his career in 1983 with Converse Consultants
(Pasadena, CA) assisting with design investigations for the Los Angeles Metro Rail subway system. He has had
almost continuous employee and consulting relationships with Aragón Geotechnical Inc. and its predecessor
companies since 1986. During the 1990's Mark teamed
with engineers and geologists from leading national and international companies, and the Metropolitan Water
District (MWD), tackling unique and challenging
investigations for tunnel and dam-site projects in the Inland Empire. Through field studies and continuing education, Mr. Doerschlag has accumulated comprehensive knowledge of soils, bedrock, and groundwater conditions throughout the 6 county Southern California region. Geographic expansion of professional services has included site characterization and hazard studies in the Las Vegas, Nevada region and coastal Baja California, Mexico. Mark defines project investigation scopes and budgets, meets with clients, performs field investigation tasks, assigns geotechnical tests, writes investigation reports with their supporting data and interpretations, and confers with regulatory authorities for final project approvals. Since 1986, Mark and the Aragón Geotechnical team have completed quality services that have met or exceeded agency entitlement or construction requirements at the local, County, and State levels. The team actively pursues complex geological and geotechnical investigations for major master- planned developments (up to 3,429 acres), urban high-rise structures, industrial parks, destination resorts, dam-sites, tank-sites, schools, and the public sector (buildings, roads, pipelines, levees, bridges). Mark has managed a diverse technical staff while also mentoring junior geologists toward eventual qualification for PG and CEG examinations.

He also actively assists the Board of Professional Engineers, Licensed Surveyors, and Geologists with professional examination content creation and validation.

Recent Relevant Experience:

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ON-CALL GEOTECHNICAL SERVICES (RIVERSIDE COUNTY, CA)
Performed value engineering by conducting a review of local geologic maps to “weed out” clearly unsuitable permanent recharge sites due to poor infiltration test performance, risks to as-built structures, or the demonstrated lack of a suitable aquifer that would accept recharge water. Sites that pass the screening explorations and tests would thereafter be recommended for additional confirmation absorption tests. This exercise eliminated basins from a long list and highlighted promising locations for which to appropriate funds for further testing. Role: Principal Investigator/Senior Engineering Geologist.

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION RAMONA AAB FACILITY IMPROVEMENTS (SAN DIEGO COUNTY, CA)
Performed a review of a past geotechnical study for proposed improvements and conducted a supplemental field geotechnical study to further encompass updated proposed designs. The geotechnical study’s primary objectives will be to characterize surficial soils at the site, and present engineering recommendations for the barracks, the retardant tanks plus related distribution trenches and loading pits, and replacement PCC aircraft pavement. Role: Principal Investigator/Senior Engineering Geologist

TOTAL YEARS OF EXPERIENCE
- 38 years

YEARS WITH CURRENT FIRM
- 35 years

EDUCATION
- B.A., Geology, University
of California, Berkely
- M.S., Geological
Sciences, University of
California, Riverside

REGISTRATIONS
- CA: Certified Engineering
Geologist
No. 1752
- CA: Professional
Geologist
No. 5629

CERTIFICATIONS
- Cal-EMA registered
Safety Assessment
Program (SAP) volunteer
(coordinator: ASCE)
- Portable Nuclear Gauge
Safety Certified
A.31.c
Packet Pg. 1285 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 16
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
LUIS ARGUELLO III, M.S., E.I.T./P.E.

PROJECT ENGINEER/MANAGER
Mr. Arguello has worked on various Geotechnical and
Materials Engineering projects in Southern California.

Luis has worked on various stages of projects, from
proposal preparation, sampling and testing, and final
report preparation. His technical experience includes
slope stability analyses, settlement analyses, liquefaction analyses, bearing capacity calculations, AutoCAD
drafting, aggregate analyses, geotechnical investigation reports and recommendations, distressed pavement
evaluations, pavement structural section design, project management, hot asphalt concrete mix design reviews,
Cold In-Place Recycling (CIR) and Cold Central Plant
Recycling (CCPR) quality control and quality assurance, and plan preparation and specifications for rehabilitation projects. Currently, Mr. Arguello is responsible for implementing a successful project initiation while planning, executing, and overseeing the progress of a project up to completion.

Coordinating and communicating with field technicians and representatives is essential when challenges arise and problem solving is required. Mr. Arguello is happy to contribute and perform lab, field, or inspection work when the need arises.

Recent Relevant Experience:

SAN BERNARDINO COUNTY PUBLIC WORKS ON-CALL INSPECTION AND MATERIALS

TESTING SERVICES (SAN BERNARDINO COUNTY, CA)
Assisted with project management and materials engineering services during the recent placement and compaction of Hot Mix Asphalt (HMA) Concrete at Glen Helen Amphitheater. Oversight of our Caltrans accredited field technicians and laboratory during construction. Issuance of a final materials testing report for quality assurance contract compliance.

Role: Project Engineer/Manager

CDBG CITYWIDE PAVEMENT MANAGEMENT PROGRAM (CITY OF HIGHLAND, CA) Performed Quality Assurance (QA) for the City of Highland during city-wide slurry seal operations. Scope of work included keeping track of production/material quantities (aggregate, area, spread rate), submittal reviews, sampling representative materials for testing, and report preparation.

Role: Project Engineer/Manager, Field Inspector

TOWN OF APPLE VALLEY QA STODDARD WELLS ROAD WIDENING MATERIALS

TESTING SERVICES (TOWN OF APPLE VALLEY, CA)
Assisted with project management and materials engineering services during the recent mixing, placement and compaction of Cement Stabilized Pulverized Soil (CSPS) and Hot Mix Asphalt (HMA) Concrete at Stoddard Wells Road Widening. Oversight of our Caltrans accredited field technicians and laboratory during construction. Issuance of a final materials testing report for quality assurance contract compliance. Role: Project Engineer/Manager

TOTAL YEARS OF EXPERIENCE
- 10 years

YEARS WITH CURRENT FIRM
- 10 years

EDUCATION
- B.S., Civil Engineering
(emphasis Geotechnical
Engineering), San Diego
State University
- M.S., Civil Engineering
(emphasis Geotechnical
Engineering), California
State Polytechnic
University, Pomona

REGISTRATIONS
- CA: Registered Engineer
In-Training
No. 151825
- NV: Registered Civil
Engineer
No. 027098
- OR: Registered Civil
Engineer
No. 95957PE

CERTIFICATIONS
- American Concrete
Institute – Field
Technician Grade I No.
01322983
- CA Department of
Transportation,
Certificate of Proficiency
- Assistant Radiation
Safety Officer
- Portable Nuclear Gauge
Safety Certified
- NICET Soils Level I & II
No. 152570
A.31.c
Packet Pg. 1286 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 17
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
Testing Technicians and Inspectors
The following table is a listing of our inspectors and technicians available for this project. All technician certifications are available upon request. Field technicians will be selected by the Lead Project Manager based on the type of requested testing and experience.

Testers / Function Registrations/Certifications Years of Experience
%
Available
Kelly Lauritsen
Field Project Manager Nuclear Gauge Operator Certification 36 60% Daniel Flores
Senior Field Technician
Caltrans TL-0111 Certification
Nuclear Gauge Operator Certification 22 50%
Omar Lorrabaquio
Senior Field & Lab Technician
ACI Field Testing Technician, No. 1085832
Caltrans TL-0111 Certification
Nuclear Gauge Operator Certification
18 60%
Michael Lozano
Field Technician
ACI Field Testing Technician, No. 1141435
Caltrans TL-0111 Certification
Nuclear Gauge Operator Certification
14 50%
Justin Long
Field Technician
ACI Field Testing Technician, No. 1404593
Caltrans TL-0111 Certification
Nuclear Gauge Operator Certification
12 50%
Brandon Salas
Field Technician
ACI Field Testing Technician, No. 2097912
Caltrans TL-0111 Certification
Nuclear Gauge Operator Certification
2 50%
Kelli Rivera
Field Technician
ACI Field Testing Technician, No. 1647963
Caltrans TL-0111 Certification
Nuclear Gauge Operator Certification
2 50%
Cameron Freitas
Field Technician
ACI Field Testing Technician, No. 2097912
Caltrans TL-0111 Certification
Nuclear Gauge Operator Certification
ICC Soils Certification
50%
Cesar Lopez
Senior Lab Technician – Soils ASTM Aggregate Base Testing Technician 18 50% Miguel Robles
Laboratory Manager
ACI Strength Testing Technician, No. 1268530
ACI Aggregate Testing Technician, Level 1, No. 1268530
ACI Lab Testing Technician, Level 1, No. 1268530
Caltrans TL-0111 Certification
Nuclear Gauge Operator Certification
9 50%
Eric Doerschlag
Lab Technician
Caltrans TL-0111 Certification
Nuclear Gauge Operator Certification 5 50%
Francisco Frias
Lab Technician Caltrans TL-0111 Certification 1 50%
A.31.c
Packet Pg. 1287 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 18
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
Organizational Chart
AGI’s organizational chart is presented below:

Chief Engineering Geologist
Mark Doerschlag, P.G., C.E.G.

Project Engineer/Manager
Luis Arguello III, P.E./E.I.T.

President / Pricipal
Carlos Fernando Aragon , PE , GE
Staff Engineer
James Burling
Senior Technician
(ASTM Test Methods)
Omar Lorrabaquio
Senior Technician
(Caltrans Test Methods)
Daniel Flores
Laboratory Manager
Miguel Robles
Caltrans Field Testers
C. Fernando Aragon
Luis Arguello III
Daniel Flores
Omar Lorrabaquio
Michael Lozano
Justin Long
Brandon Salas
Kelli Rivera
Jose Ruiz
Cameron Freitas
ASTM Field Testers
C. Fernando Aragon
Luis Arguello III
Daniel Flores
Kelly Lauritsen
Omar Lorrabaquio
Michael Lozano
Justin Long
Brandon Salas
Kelli Rivera
Jose Ruiz
Cameron Freitas
Lab Testers
C. Fernando Aragon
Luis Arguello III
Cesar Lopez
Miguel Robles
Eric Doerschlag
Francisco Frias
A.31.c
Packet Pg. 1288 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 19
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509

5. SIMILAR PROJECTS & REFERENCES
Similar Projects
Specifically relating to providing services listed in the RFP, AGI has and currently is performing similar duties for various cities and counties. AGI’s key personnel have been working together for the last decade. AGI’s personnel core has afforded consistency to not only to AGI but also its clients and projects throughout the years. Below are AGI’s notable experiences with various entities at roles:

Caltrans (QC/QA) – AGI has performed Quality Control (QC) and Quality Assurance (QA) on literally hundreds of Caltrans or Federally Funded projects ranging from desolate highway pavement rehabilitation projects to multi-agency signal synchronization projects. AGI teamed up with TKE Engineering, Inc. to perform laboratory and field materials testing on an on-call basis in the Coachella Valley. This project is currently underway and faced AGI with the challenge of identifying and meeting testing criteria for a total of 11 different Cities, including Caltrans right-of-way areas. Subgrade, PCC and HMA materials are all being used and tested in the field and laboratory. AGI’s core key personnel (Fernando, Mark and Luis) are all contributing to this project.

Agencies (Geotechnical/Infiltration) – AGI is currently listed on Riverside County Flood Control District on-call for geotechnical services. On our most recent assigned project, AGI provided value engineering from the start by performing a review of local geologic maps to determine infiltration basin eligibility studies. This exercise eliminated basins from a long list and highlighted promising locations for which to appropriate funds for further testing. This project is currently on schedule to be completed under budget while maintaining representative and quality testing. AGI’s core key personnel (Fernando, Mark and Luis) all contributed to this project.

County (Bituminous/HMA) – AGI is currently listed on San Bernardino County’s on-call for inspection and materials testing services. AGI is on target to complete material testing services under budget by assisting the County navigate the QAP and project specifications which reference an older version of the Caltrans Standard Specifications. It was of the upmost importance to maintain quality while maintaining appropriate testing schedule and frequencies. AGI’s core key personnel (Fernando, Mark and Luis) all contributed to this project.

City (CDBG/PMP) – AGI has teamed up with Engineering Resources of Southern California (ERSC) and performed Quality Assurance (QA) testing on countless Pavement Management Program (PMP), Community Development Block Grant (CDBG), pavement rehabilitation, and QAP projects. AGI’s scope of work ranged from geotechnical and pavement investigations, pavement evaluations studies, and laboratory and field materials testing. AGI’s core key personnel (Fernando, Mark and Luis) have all contributed to these projects.

Other Labs – Due to our experience and high level of materials testing understanding, AGI is happy to assist “competitor” materials testing laboratories with their testing needs. The geotechnical engineering and materials testing community is small and we do not view other labs as competitors, but rather “friendly” laboratories. Overflow samples, third party testing and not having the certification(s) and/or equipment to run “specialized” testing are all reasons why friendly laboratories send us work. AGI has helped LOR Geotechnical, Inc. on past City A.31.c
Packet Pg. 1289 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 20
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
of Moreno Valley projects with their HMA and slurry seal testing needs and is currently helping Southwest Inspection and Testing, Inc. with HMA testing for a Port of Long Beach project.

References
AGI supplies its clients with a wide range of geotechnical, laboratory and materials testing services in California. A listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact are presented below. If one or more of the AGI’s personnel should become unavailable, AGI will substitute personnel with other staff of at least equal competence only after prior written approval by the City.

Client Riverside County Flood Control and Water Conservation District - On-Call Geotechnical Services
Address 1995 Market Street, Riverside, California 92501 Project Basin Infiltration Feasibility investigation 2022 Contact Tina Hanson, P.E. Associate Engineer, (951) 955-4050 Key
Personnel
C. Fernando Aragon (project engineering/management) and Mark Doerschlag (geologic review, geotechnical drilling) Client Engineering Resources of Southern California, Inc. / City of Highland
Address 27215 Baseline, Highland, California 92346
Project CDBG Citywide Pavement Management Program
Contact Carlos Zamano, P.E., City Engineer, (909) 864-6861 Key
Personnel
C. Fernando Aragon (project engineering/management) and Luis Arguello III (field sampling and project coordination) Client San Bernardino County - On-Call Inspection and Materials Testing Services
Address 825 East Third Street, San Bernardino, California 92415 Project Alder Avenue Reconstruction Project
Contact Samuel Nicorici, P.E., Resident Engineer, (909) 387-7960 Key
Personnel
C. Fernando Aragon (project management) and Luis Arguello III (estimating, project management assistant)
Client Town of Apple Valley – QA Materials Testing Services Address 14955 Dale Evans Pkwy., Apple Valley, CA 92307
Project Stoddard Wells Road Widening Project 2020-10
Contact Rich Berger, Project Manager, (760) 240-7000 x 7530 Key
Personnel
C. Fernando Aragon and Luis Arguello III (project
management, materials testing oversight)
A.31.c
Packet Pg. 1290 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 21
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509

6. COST PROPOSAL
AGI has reviewed the provided project contract documents and project plans and used them as a basis for our cost proposal. As instructed in the RFP, AGI has attached its cost proposal separately for later review.

AGI’s SOQ and cost proposal comply with the following statements:
• AGI’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." • AGI acknowledges to provide all necessary vehicles, equipment, tools, uniforms, all incidentals for AGI staff member(s) to perform the required services. Full compensation for providing vehicles, equipment, tools, uniforms, all incidentals where considered and included in the ‘Not-to-Exceed” fee as part of the Cost Proposal, and no additional compensation will be allowed therefor.
• A resource allocation matrix was submitted with AGI’s proposal. The resource allocation matrix 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, included in adjacent columns.
• All charges for AGI’s 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.
• AGI's hourly rates included in our fee schedule (attached to the cost proposal) is part of the AGI’s proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP.
• AGI 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.

Client California Department of Forestry and Fire Protection Address 23300 Castle St., Riverside, CA 92518
Project Ramona AAB Facility Improvements, Ramona Airport, San Diego County
Contact Matthew McCleod, P.E., Project Manager, (951) 320-6133 Key
Personnel
C. Fernando Aragon (project engineering/management) and Mark Doerschlag (geotechnical drilling / project coordination) Client City of Moreno Valley – Material Testing and Geotechnical Services for Various Capital Improvement Program Projects Address 14177 Frederick Street, Moreno Valley, California 92552 Project TBD
Contact Anna Chacon, Management Assistant, (951) 413-3155 Key
Personnel
C. Fernando Aragon and Luis Arguello III (proposal
preparation)
A.31.c
Packet Pg. 1291 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN City of Moreno Valley Project No. 8010076 May 9, 2022
Proposal No. TR-22-1577 Page No. 22
16801 Van Buren Blvd., Bldg. B DBE No. 45365
Riverside, CA 92504 SBE No. 1182800
Tel: 951.776.0345 ● Fax: 951.776.0395 MBE No. 19000092
www.aragongeo.com DIR No. 1000008509
• AGI complies 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. • AGI complies with the Copeland Anti-Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.
• AGI 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 Additions or Exceptions to the City’s Request for Proposal AGI does not have provisions and/or conditions of this RFP upon which our proposal is contingent and which shall take precedent over this RFP.

A.31.c
Packet Pg. 1292 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN

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.

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Packet Pg. 1293 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN

EXHIBIT D

TERMS OF PAYMENT

1. The Consultant's compensation shall not exceed $255,571.00 .

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 Division at email:
[email protected] or calls directed to (951) 413-3120.

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.31.c
Packet Pg. 1294 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 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.31.c
Packet Pg. 1295 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 16801 Van Buren Blvd., Bldg. B
Riverside, CA 92504
DBE No. 45365
SBE No. 1182800
MBE No. 19000092
DIR No. 1000008509
Tel: 951.776.0345 ● Fax:
www.aragongeo.com
951.776.0395
Consultants in the Earth &Material Sciences
Disadvantaged Business Enterprise (DBE) No. 45365
Small Business Enterprise (SBE) No. 1182800
Proposal No. TR-22-1577
May 9, 2022
City of Moreno Valley – Capital Improvements Division
14177 Frederick Street
Moreno Valley, California 92552
Attention: Capital Improvements Division
Subject: Cost Proposal for RFP Invitation No. 2022-505 – Professional Geotechnical and Materials Testing Services - Arterial and Collector Streets - Project No. 8010096, Citywide Pavement Rehabilitation Program FY 2021-22 City of Moreno Valley, California
Dear Capital Improvements Division:

In accordance with RFP Invitation No. 2022-505 released by the City of Moreno Valley – Capital Improvements Division on April 19, 2022, Aragón Geotechnical Inc. (AGI) has prepared this letter of transmittal and Cost Proposal to provide Professional Geotechnical and Materials Testing Services in support of Citywide Pavement Rehabilitation Program operations. AGI is experienced and capable of performing the requested services effectively and efficiently for the City. Additionally, AGI is signatory to Local 12 operating Engineers, which is our appropriate union.

As you will see in our provided SOQ package, AGI’s team will bring decades of experience acquired by talented professionals in the fields of geotechnical engineering, laboratory and field materials testing. Please feel free to contact the undersigned, who will be the primary point of contact throughout the SOQ evaluation phase and is authorized to bind the terms of the proposal, if you have any questions. If you should have any questions, please do not hesitate to contact the undersigned by email or by phone at (951) 776-0345.

Respectfully Submitted,
C. Fernando Aragón, P.E., G.E.

President
A.31.c
Packet Pg. 1296 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN Personnel Grade Rate (per hour) or Unit
Charge (per test)
Hours or
Units
Phase
1 (Base Bid)
2 (Base Bid)
3 (Base Bid)
4 (Add. Alt. Bid 1)
5 (Add. Alt. Bid 2)
Base Bid (Phase 1, 2, 3) 2
Base Bid + Alt. 1 3
Base Bid + Alt. 1 & 2 4
$47,598
$209,571
$255,751
Notes/Assumptions:
1 Cost Estimate is based on an 8 hour shift, with assumption that work will occur between Monday and Friday. Hours over 8 per day will be billed per our current fee schedule. Includes Mobilization/Demobilization. Assumes that project locations are 0.50 hour(s) away from Riverside Office. 2 Cost Estimate Total assumes that only base bid option was selected. 3 Cost Estimate Total assumes that base bid and Additive Alternate Bid 1 options were selected. 4 Cost Estimate Total assumes that base bid and Additive Alternate Bid 1 & 2 options were selected. 5 Prevailing Wage rates quoted are valid until June 30, 2022, work performed after this date will incur an annual increase of $3 hourly for each qualifying tester.

COST ESTIMATE TOTALS
$46,180
$161,973

COST ESTIMATE SUMMARY
Phase Cost Estimate
$58,128
$52,965
$50,881

FIELD & LABORATORY MATERIALS TESTING COST ESTIMATE
CITYWIDE PAVEMENT REHABILITATION PROGRAM FY 2021-22 - PHASE 1-5 Task/Test Extension
ARAGÓN GEOTECHNICAL, INC.

A.31.c
Packet Pg. 1297 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN

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.31.c
Packet Pg. 1298 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN

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.31.c
Packet Pg. 1299 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN 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.31.c
Packet Pg. 1300 Attachment: Agreement with Aragon Geotechnical Inc (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN

THIRD AMENDMENT TO AGREEMENT

ON-CALL PROFESSIONAL CONSULTANT SERVICES

FOR CIVIL ENGINEER/PROJECT MANAGER SERVICES
This Third Amendment to Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 2022 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and Chris Alan Vogt, doing business as, CAV Consulting, a sole proprietorship, hereinafter referred to as “Consultant.”
RECITALS:

Whereas, the City and Consultant entered into an Agreement entitled “PROJECT

SPECIFIC AGREEMENT FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES FOR CIVIL ENGINEER/PROJECT MANAGER SERVICES” hereinafter referred to as “Agreement,” dated September 14, 2021.

Whereas, the Consultant is providing Civil Engineer/Project Manager Services for various Capital Improvement Projects.

Whereas, the Agreement was amended by the “First Amendment to Agreement for On-Call Professional Consultant Services for Civil Engineer/Project Manager Services” dated November 04, 2021.

Whereas, the Agreement was amended by the “Second Amendment to Agreement for OnCall Professional Consultant Services for Civil Engineer/Project Manager Services” dated February 08, 2022.

Whereas, it is desirable to amend the Agreement to expand the scope of the work to be performed by the Consultant and modify the Payment Terms as more particularly described in Section 1 of this Third Amendment.

A.31.d
Packet Pg. 1301 Attachment: Third Amendment To Agreement with CAV Consulting (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO

THIRD AMENDMENT TO AGREEMENT FOR

CIVIL ENGINEER/PROJECT MANAGER SERVICES
SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement termination date of December 31, 2023 is not extended by this Amendment, unless the termination date is further extended by an Amendment to the Agreement.

1.2 Exhibit “B” to the Agreement is hereby amended by adding to the scope of work section described in said “Exhibit A” of this Third Amendment.

1.3 Exhibit “D” to the Agreement is hereby further amended by adding the cost as included in “Exhibit A” of this Third Amendment.

1.4 The total “Not to Exceed” fee for this contract is $474,500 ($74,500.00 for the original Agreement, $0 for the First Amendment to Agreement, $200,000 for the Second Amendment, plus $200,000 for the Third Amendment to Agreement).

SECTION 2

2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

SIGNATURE PAGE TO FOLLOW:

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Packet Pg. 1302 Attachment: Third Amendment To Agreement with CAV Consulting (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO

THIRD AMENDMENT TO AGREEMENT FOR

CIVIL ENGINEER/PROJECT MANAGER SERVICES
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Chris Alan Vogt dba CAV Consulting BY: BY:

Mike Lee, City Manager
Name:

Date TITLE:
(President or Vice President)
Date
BY:

Name:

TITLE:
(Corporate Secretary)
Date
Enclosure: Exhibit “A” - Consultant Proposal

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer
Date
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Packet Pg. 1303 Attachment: Third Amendment To Agreement with CAV Consulting (5837 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO