The proposed fee schedule update has been reviewed and is supported for approval by the Parks and Community Services Subcommittee and the Parks, Community Services and Trails Committee.
DISCUSSION
The City of Moreno Valley is allowed to recover costs for certain services provided at the request of the public. Based on California statutes, cities are able to recover up to the full cost of services which are provided based on voluntary requests from the public.
The statutes require that any revenues collected related to the provision of these services can only be used to offset costs resulting from the performance of the requested services or activities. These fees may not exceed the estimated reasonable cost of providing that service.
The Parks and Community Services’ user fees include fees related to programs (sports, contract classes and seniors), park reservations (athletic fields), and facility room rentals (Conference and Recreation Center, Senior Community Center and other community centers) managed by the Parks and Community Services Department.
In keeping with best practices, fees will be adjusted annually to reflect the impact of inflation.
ALTERNATIVES
1. Adopt the proposed resolution adjusting Parks and Community Services Fees. Staff recommends this alternative since this es tablishes a fee schedule that is able to meet the expected needs of the community by offering park programs, activities and facility rentals.
2. Do not adopt the proposed resolution and provide staff with additional direction.
Staff does not recommend this alternative since this will result in a fee structure that is not sufficient to offer the needed programs, activities and facility rentals to the community.
FISCAL IMPACT
The fiscal impact of the adoption of these user fees will be dependent on the dema nd for these services from the community.
NOTIFICATION
Indicate any outreach efforts made to elicit comments from parties with interest in the issue. Review comments that may have been made. Also, identify to whom copies of the report were sent so they could be informed about the agenda item.
PREPARATION OF STAFF REPORT
A.22
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Prepared By: Department Head Approval:
Jeremy Bubnick Jeremy Bubnick
Parks and Community Services Director Parks and Community Services Director
CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 5.5: Promote a healthy community and lifestyle.
Objective 6.2: Improve health, wellness and fitness for Moreno Valley yout h through recreation and sports programs.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. RESOLUTION NO. 2022____
APPROVALS
Budget Officer Approval ✓ Approved . 11/23/22 8:09 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/23/22 9:30 AM A.22
Packet Pg. 713
RESOLUTION NO- 2022--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ESTABLISHING USER
FEES FOR THE PARKS AND COMIVIUNIry SERVICES
DEPARTMENT FOR CALENDAR YEAR 2023 AND
REPEALING PRIOR RESOLUTIONS THAT I\4AY
CONFLICT WITH APPROVING THE 2023 FEE SCHEDULE
WHEREAS, the City Council of the City of lvloreno Valley, California, has in the past approved and adopted fee schedules for various services provided by the City for the benefit of a limited number of persons; and
WHEREAS, some portion of the cost of rendering such services should be borne by the beneficiaries of such services; and
WHEREAS, data supporting the estimated cost of providing said services has been made available to the City Council and to the public, and the source of revenues required to defray such costs; and
WHEREAS, the fees set forth in the proposed fee schedule do not exceed the actual or estimated costs to the City of providing the services to which the fees relate; and
WHEREAS, the City Council has duly considered at a duly noticed regularly scheduled meeting, the question of whether or not to modify existing fees and establish new fees for such services; and
WHEREAS, at said meeting, the city Council duly considered all public comments which were made with respect to said question;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The fee schedule attached hereto as Exhibit A, "Section 6 - Parks & Community Services", is hereby approved, adopted and incorporated herein by this reference, amending the City of lvloreno Valley Schedule of City Fees, Charges and Rates for Calendar Year 2023.
2. The approved fees shall be applied to all uses set forth in said schedule.
3. There is a reasonable relationship between the fees to be collected for the provision of various City services, and the City's costs in providing those services as identified in the data made available.
Resolution No.2022-_
Date Adopted: December 6, 2022
A.22.a
Packet Pg. 714
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023)
4. The fees set forth in Exhibit A are necessary to enable the City to provide the services to which they relate.
5. The approved fee schedule established herein shall become effective January 1,2023.
6. All prior enactments of the City Council establishing fees for services and materials are hereby repealed to the extent that such enactments establish fees for services and materials which are different than the fees established therefore by this Resolution, but shall otherwise remain in full force and effect.
7. lf any provision, clause, sentence or paragraph of this Resolution or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect any other provision or application of the provisions of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable.
APPROVED AND ADOPTED this 6th day of December,2022.
Dr. Yxstian A. Gutienez
Mayor
City of Moreno Valley
ATTEST:
Jane Halstead, City Clerk
APPROVED AS TO FORM:
Steven Quintanilla, lnterim City Attorney
Resolution No.2022-_
Date Adopted: December 6,2022
2 A.22.a
Packet Pg. 715
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023)
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNry OF RIVERSIDE ) ss.
CIry OF MORENO VALLEY )
l, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certiry that Resolution No. 2022-_ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting held on the 6th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor)
JANE HALSTEAD, CLERK
(SEAL)
Resolution No.2022-_
Date Adopted: December 6, 2022
A.22.a
Packet Pg. 716
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023)
ATTACHMENT A
Recreation
Adult S 8+ Years
Adult
Cwrent2020-2022
$ 330.00 - $ 440.25 $ 363.00. $ 484.2s
$ 203.30 - $ 352.20 $ 223.s0 - S 387.25
$ 4.50
Adult Tournament TEAM
$ 4.10
Protest and Forfeit Fee TEAM $ 27.25 I 30.00
Adult Activities and
Contract Class $ -16.7s $ 330.20 $ 18.2s - $ 363.00
$ 11.40 $ 12.s0 - $ 102.s0
Youth S
Youth $ 55.50 $ 11s.30 $ 61.00 - $ 726.75
Youth Toumaments TEAM $ 155.50 $ 330.20 $ 182.00 - $ 363.00 Clinics # $ 33.40 $ 121.60 $ 36.s0 - $ 133.7s
@ CRC $ 2.00 s 2.00
# Denotes Sibling Discount Aaailable
Youth Activities
Contract Class $ 1s.60 $ 334.30 $ 17.00 - $ 367.7s
$ s6.s0 $ 132.00 $ 52.00 - $ 145.00
Time for Tots g 1.0.74 $ 11.7s
T-Shirts $ 11.40 $ 12.50
Late Pick-U Per 15 Minutes Each $ 5.10 $ 5.60
# SIBLING DISCOUNT
Applicable when siblings are registered in the same non-contract program. 1st Child = Full rate
2nd Child = 15% discount off full rate
3rd Child + = 10% discount off the 2nd child rate
Licensed Child Care "A Child's Place"
"A Child's Place" fees are established by the Califomia Department of Education Family Fee Schedule, pursuant to the Education Code [EC 8273 and EC 8,147(e)]
A.22.a
Packet Pg. 717
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Senior
Per Card
Swap Meet Table
Event Meal
$ 2.oo
$ 8.30
$ 1.00
$ s.2s
Per Conhact
Cost
Free
Free
$9.00
$5.7s
Per Contract
Events
Info Booth
Info Booth For Profit
Food Booth
Food Booth For Profit
Vendor Arts & Craft
Vendor Booth
$ - -$
$ 82.7s - $
$ 33.40 - s $ 36.s0 $ 61.00
$ 27.25 - $ 55.50 g 29.75 $
$110.00 - $ 275.60 $ 121.00 $ 303.00
$ 91.00 g 212.00
$ 82.75 - $ 330.20 $ 91.00 $ 363.00
$ 27.25 - S 110.00 $ 29.75 $ 121.00
$ 25.10 - $ 104.80 $ 27.sO $ 11s.2s
Cottonwood Golf Course Holes
Arlult
Senior Years
Youth 18 Years;
Hour Prior to Dusk
Tournament Per Person
2nd Round Purchase
Cart 18 Holes Per
18 Holes Per
Punch Card Adult (10 rounds) Valid ONLY
Punch Card Senior (10 rounds) Valid ONLY Monda
$ 6.80
Adult/Senior)$5.10$7.30 $ 5.60
Weekend Weekend
$ 10.25
8.00 $ 6.80 6.80
$ 13.7s 13.75
$ 5.60
$ 3.30
$ 3.30
$ 86.25
s 57.50
$ 45.7s
Club
$ 9.40 $ 11.40
$ 6.20 $ 9.40
$ 6.20 $ 6.20
$ 12.50 $ 12.s0
$ s.10 $ 5.10
$ 3.00 $ s.10
$ 3.00 $ 5.10
$ 78.60 N/A
$ 52.30 N/A
$ 41.80 N/APunch Card Youth (10 rounds) Valid ONLY
Non-Resident fee is 130% of the Resident Fee.
Fee ranges: actual fees on specific program elements as determined by Parks & Community Services staff.
Fees are per person/each unless otherwise noted in description.
Cancellation/Transfer Fee (before start of program) is 207o of total fee.
72.50 51.00
A.22.a
Packet Pg. 718
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Sports
Athletic Fields
Group All Fields H 4 Hours
Youth N Resident U
Adult Nonresident
Adult or Youth For Commercial
Over 4 hour 150% of
Athletic Field
Youth Resident
Youth Nonresident
Adult Resident
Adult Nonresident
Grou Soccer Arena Hourl
Youth N
Youth N Resident
Nonresident
Adult or Youth For Profit/Commercial
Grou Basketball Court Park Outdoors H
Youth N
Youth N Resident
Nonresident
Adult or Youth For Profit/Commercial
Grou Tennis & Pickleball Courts H
Youth N
Resident
Adult N Nonresident
Adult or Youth For Profit/ Commercial
Athletic Field Snack Bar H
Use (UD to 4 Hours
Use (Up to 4 Hours
Over 4 Hours of Use
Athletic Field
Athletic Field Miscellaneous & Services
I ONL
Grou I ONL
Current
2020-2022
55.50 51.00
72.70 79.25
5.10 5.50
5.10 5.60
42.50 85.25
Cost Recovery
Cost Recovery
Adult
Adult
Fee Descri
Proposed
2023
$ 17.00
$ 7.70
$ 7.25
$ 7.2s
24.00 31.00
5.605.10
6.60 6.60
6.60 26.1,0
5.60 5.60
$ 7.2s
g 7.2s
$ 17.00
62.80 Cost
Cost
Field
Cancellation/ Non-Field Use Hour/Per 50% s0"/,
I $
$
s
5 78.50 I $ 86.25
3.00 I $
7.80 I $
3.30 8.50
18.80 I $ 20.50
24.40 I $ 26.75
II
I
IV
21,.90
28.40 I
II
III
IV
I
T
III
ry
I
II
m
IV
28.50 69.00
30.00 Small
A.22.a
Packet Pg. 719
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Current
2020-2022
Proposed
2023
PARKS
Cancellation/ Transfer 20o/o of Total Fee
Picnic Shelter Medium
City Sponsored, Resident, Resident Nonprofituroupl O.guniration,Educationallnstitution Group I
Group I
Group I
Picnic Shelter Small
City Sponsored, Resident, Resident Nonprofit
Educational Institu tion
II Nonresident, Nonresident N For Profit
II NonresidenL Nonresident N For Profit
II Nonresident, Nonresident N For Profit
Picnic Shelter Electricity (AII Sizes)
City Sponsored, Resident, Resident Nonprofit
Educational Institution
II Nonresident, Nonresident N For Profit
Open Space Park Area
City Sponsored, Resident, Resident Nonprofit
Educational Institution
II NonresidenL Nonresident N For Profit
$ 57.20
$ 114.40
$ 776.70
62.75 55.25
Picnic Shelter Larse
Citv Sponsored, Resident, Resident NonprofitGrouPl orgunirution,Educationallnstitution $ 228.90
$ 38.70
$ 27.2s
$ 3s.40
$ 193.50
$ 251.75
38.75 A.22.a
Packet Pg. 720
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Group I
Equestrian Center Dailv
City Sponsored, Resident, Resident Nonprofit
Organization, Educational Institution
Grou Nonresidenl Nonresident For Profit
Group I
Equestrian Center Lighting
City Sponsored, Resident Resident Nonprofit
Educational Institution
Nonresident, Nonresident For Profit
All Grou
All Grou
All Grou
All Grou
All Grou Personnel Time &
110.00 121.00
"t37.25 150.75
2,1.00
110.00 ^t27.00
61.00 28.50
345.75
55.50 7?.70 79.25
250.00
325.00
$78.60-$524.'l $86.25-$576.50
SPECIAL EVENTS
Group I
Open Space Area
City Sponsored, Resident, Resident Nonprofit
Organization, Educahonal Institution
Grou Nonresident, Nonresident For Profit
Group I
Permit
City Sponsored, Resident, Resident Nonprofit
Educational Institution
Grou Nonresidenl Nonresident For Profit
61.00 $
$
$
$
$
$
1s.80 I $ 20.50
-q
$
Security Deposit (Refundable)
A.22.a
Packet Pg. 721
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Senior Communitv Center/Cottonwood Golf Center
fownCate Communiry
All Groups All Cancellations Loss of 100% of Deposit
All Groups Cancellations 5-31 Days Prior to Event Loss of 100% of Deposit & 50% of Total Rental Fees All Groups Cancellations 0-4 Days Prior to Event Loss of 100% of Deposit & 100% of Total Rental Fees All Groups Monday - Thursday Minimum Rental Time is 2 Hours All Groups Friday - Sunday Minimum Rental Time is 4 Hours All Groups Friday Day (Before 3 pm); Friday PM (After 3 pm) Group II Long Term User (6+ Months) Monday - Thursday Rental (4 Hour Minimum) 5% Discount Senior Community Center
All Groups AV
Nonresident, Nonresident Nonprofit, For
III Profit/Commercial
Cottonwood Golf Center
All
Linens
refundable Waived for Government I $ 309.30
Banquet Room w/North Patio & Kitchen
City Sponsored and Government Agencies with
Reciprocal
Residen! Resident Nonprofit Organization,
Government , Educational Institution
Nonresident, Nonresident NonprofiL For
Profit/Commercial
$ 41.80 $ 130.90 $ 4s.7s $ 143.7s
$ 110.00 $ 130.90 $ 121.00 $ 743.75
$ 130.90 $ 151.90 $ 143.75 $ 157.O0
Term User (6+ Months) Sundav Rental (4 Hour 20% Discount $ s5.50
Alarm Cost Recoverv Cost RecoveryAll Grou
All Grou
Group I
Group I
Mon - Thur
& Fri Dav Fri PM - Sun
$ 340.00
Mon - Thur
& Fri Day Fri PM - Sun
All
Meeting Room
City Sponsored and Government Agencies with
Reciprocal Agreement
Resident, Resident Nonprof it Organization,
Govemment Agency, Educational Institution
& Fri Day Fri PM - Sun & Fri Day Fri PM - Sun
$ 27 .25 $ 41.80 $ 29.75 $ 4s.7s
$ 31.40 $ 41.80 34.s0 $
$ 52.30 $ $ s7.50 $ 59.00
$ ss.so 51.00
False Alarm Cost Recovery Cost Recovery
All aived for Government $ 209.60 s 230.50
A.22.a
Packet Pg. 722
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Fee Description
Resident, resident nonprofit organization, government
II agency,educationalinstitution
Nonresident, Nonresident Nonprofit, For
111 Profit/Commercial
Meeting Room
City Sponsorecl and Government Agencies with
Resident, Resident N Organization,
II Govemment , Educational Institution
Nonresident, Nonresident Nonprofit, For
UI Profit/Commercial
TownGate Communi9 Center
Personnel/
All
Banquet Room
Group I City Sponsored and Government Agencies with
Reciprocal
Resident, Resident Nonprofit Organization,
II GovernmentAgency,Educationallnstitution
Nonresident, Nonresident Nonprofit, For
UI Profit/Commercial
March Field Communilv Center
Personnel/ / Linens/ Insurance/ False Alarm Cost Recovery aived for Government $ 209.60
$ 41.80 $ 110.00 $ 45.75 S 121.00
$ 89.00 $ 110.00 $ 97.75 $ 121.00
$ 110.00 $ 130.90 $ 121.00 g 743.75
Curuent2020-2022 2023
Mon - Thur
& Fri Day Fri PM - SunBanquet Room w/I(itchen
City Sponsored and Govemment Agencies with
urouP I Reciprocal Agreement
& Fri Day Fri PM - Sun
$ 33.40 $ 52.30
$ 41.80 I s2.30
Grou
Group I
Group I
& Fri Dav Fri PM - Sun & Fri Day Fri PM - Sun
AII
$ 62.80 $ 73.30 69.00 $
$ 55.50 $ 51.00
/Linens/Insurance/False Alarm Cost Recoverv Cost Recovery aived for Government A g 209.60 $ 230.50
Mon - Thur
& Fri Day Fri PM - Sun
s 35.50 $ 57.50
$ 45.75 $ 57.50
Mon - Thut
& Fri Day Fri PM - Sun
$ 41.80 $ 99.50 $ 45.75 $ 109.25
$ 78.60 $ 99.50 $ 85.25 $ 109.2s
$ 99.50 $ 120.40 $ 109.25 $ 132.25
$ ss.so
Cost Recovery
$ 230.50
61.00 All
All
Mon - Thur
& Fri Day Fri PM - Sun
Mon - Thur
& Fri Day Fri PM - SunBanqget Room
City Sponsored and Government Agencies with
Reciprocal
Resident, Nonprof it Organization,
II Covernment Agency, Educational Institution
Nonresidenf Nonresident NonprofiL For
III Profit/Commercial
$ 36.50 $ 109.2s
$ 78.60 $ 99.50 $ 85.2s $ 109.2s
$ 33.40 $ 99.50
$ 99.50 $ 120.40 $ 109.25 $ 132.25
/ Linens/Insurance/False AIarm Cost Recovery Cost Recovery A.22.a
Packet Pg. 723
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Fee Descri Current 2020-2022
Conference & Recreation Center
All Groups All Cancellations Loss of 100% of Deposit
All Groups Cancellations 5-31 Days Prior to Event Loss of 100% of Deposit & 50% of Total Rental Fees All Grou
Grand Vallev Ballroom w/Small Patio & Fri Dav
Government , Educational Institution
Profit/Commerciat
/Cleanu 4 Hours
All Grou Minimum Rental Time is 4 Hours
All Grou PM (After 3
II&IT Rentals 7th+ Hour @ 40% Discount
Term User 6+ Months Rental (4 Hour
All
Audio Visual Technician
Tablecloths Each
Deluxe Sound
- 1,000 sq ft
Insurance/False Alarm
Large Patio Addition w/Grand Valley
II & III Ballroom Rent
II & III Deposit (Refundable) $209.60-786.20 *Waived for Govt.
Alessandro Room A or B
Event $ 't6.70
Residen! Resident Nonprofit Organization, $
Government Agency, Educahonal Institution
N
Crou Profit/Commercial $ 47 .70
9104.80
Minimum Rental is 2 Hours
Cancellations 0-4 Prior to Event Loss of 1007o of & 100% of Total Rental Fees Mon-Thur Fri PM & Mon-Thur Fri PM &
& Fri Day Sat
$ 55.50 $ 330.20 $ 275.60 $ 61.00 $363.00 $3o3.oo
$ 776.70 $330.20 $ 275.60 $ 193.50 $ 363.00 $303.00
$ 220.10 $ 385.75 $ 330.20 g 242.00 $ 424.00 $363.00
$s0.00
Per Vendor Contract
$ 27.25
$ 82.7s
$ 9.00
$ 110.00
$ 220.10
30% Discount
endor Contract
AI
All
AI
All
Dance FloorAll
All
Per Vendor Contract
$ 30.00
$ Er.00
$ 9.00
$ 121.00
s 242.00
endor Contract
$ s6.s0
$230.50-864.7s *
*Waived for Govt. Agencies
$ 18.25
$ 34.50
$ 51.50
$ 11s.25
$ 51.50
31.40 All
All
AII
Term User (6+ Months 4 Hour Minimum 10% Discount
A.22.a
Packet Pg. 724
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Frank E. Brown
Term User (6+ Months 4 Hour Minimum) 10% Discount
$ 16.60
Resident, Resident Nonprofit Organization, $ 31.40
Government , Educational Institution
Profit/Commercial $ 47.00
$ 104.80
Minimum Rental is 2 Hours
Gvmnasium All Days
Event $ 27.25
Government , Educational Institution $ 55.50
N
Profit/Commercial $ 110.00
Scoreboard $ 26.10
$1,430.90
All Att
$ 18.25
s 34.50
$ 51.50
$ 115.25
All Days
g 29.75
$ 51.00
$ 121.00
$ 28.50
$'1,573.75
$ 576.50
Group I
All Grou Floor
All $ 524.10
All Groups Minimum Rental is 2 Hours
All Groups Half Gym Rental is Available at 50% Rate
Aerobics/Dance Studio
All Da
Event $ 16.60
Resident, Resident Nonprofit Organization, $ 33.40
Government , Educational Institution
Nonresident, Nonresident Nonprofit, For
Profit/Commercial $ 82.75
$262-$524 .10
$ 18.2s
s 35.s0
$ 91.00
$288-$576.50
All Groups Minimum Rental is 2 Hours
A.22.a
Packet Pg. 725
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Current
2020-2022 Proposed 2023
City Sponsored and Government Agencies with Reciprocal
Group I
Resident Nonprofit Organization, Government Agency,
Educational Institution
Nonresident, Nonresident Nonprofit, For Profit/Commercial $ 385.75 $ 1,048.30
Lot for Event & Not Vehicle Lot Rate @ 50%) $ 300.00
All Groups Personnel/Securig/lnsurance/False Alarm Cost Recovery/Vendor Contract A[[ Groups Audio Visual Technician/Sound System/Theater Lights Vendor Contract $ 183.40
All Groups All Cancellations Loss of 100% of Deposit
All Groups Cancellations 5-31 Days Prior to Event Loss of 100% of Deposit & 50% of Total Rental Fees All Groups Cancellatioru 0-4 Days Prior to Event Loss of 1007o of Deposit & 1007o of Total Rental Fees All Groups Monday - Thursday Minimum Rental Time is 2 Hours All Groups Friday - Sunday Minimum Rental Time is 4 Hours $ 330.20 I $ 353.00
424.25
-1,155.00-
330.00
at Conference & Recreation Center
A.22.a
Packet Pg. 726
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Fee Descri
Miscellaneous
Coffee Per Cup (Senior Center)
Coffee Per Golf Course
Mobile Stage Daily
Group I
Sided Senior Center & CRC
Sided
Center &
Current 2020-2022
0.75 0.75
0.15 1.00
$0.00
0.25 1.10
Outside
Moreno
Outside
Moreno
Moreno V Moreno V
$ 163.50 $ 696.25
$ 677.7s $ 726.2s
40.00 $ 40.00
$61.00
$115.25
$115.25
City Sponsored, Resident, Resident Nonprofit
Organization, Educational Institution
Nonresident, Nonresident Nonprofit, For
Profit
Generator
Sound
Personnel Time
$ 148.80 $
$ 616.30 $
$55.s0
$10,1.80
$104.80
Alt
All Groups Cancellation 5-31 Days Prior to Event 100% Deposit & 50% of Total Rental Fees All Groups Cancellation 0-4 Days Prior to Event 100% Deposit & 100% of Total Rental Rees A.22.a
Packet Pg. 727
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023) Fee Description
Replacement Library Card
Out of State Card
Overdue Book Adult
Overdue Book Children (12 Years & Y
Overdue Hot Book Club
Overdue Audiobooks and Videos
Lost Materials Per Item
Replacement Bar Code (Books/ Materials)
Sidecl
Print Color Sided
Fax Local Sided
Fax Distance
Current 2020-2022 Proposed 2023
$0.50 Max $10
$0.25 Max $10 Item
$0.50 Max
$0.25 Max $1
2.OO
10.00 1.00
Cost Recovery & $10
Processing Fee
0.20 0.25
2.00 0.50
_q
_q
$
I
T
1.00 0.20
0.75 1.00
,^00
_q
_q
j
_9
$
A.22.a
Packet Pg. 728
Attachment: RESOLUTION NO. 2022____ (6020 : ADOPTION OF RESOLUTION USER FEES 2023)
Report to City Council
ID#6004 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Acting Public Work Director/City Engineer
AGENDA DATE: December 6, 2022
TITLE: PEN19-0244 (TR 33436) – APPROVE COOPERATIVE
AGREEMENT BETWEEN THE RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, THE CITY, AND KB HOME COASTAL, INC.,
FOR THE SUNNYMEAD MDP LINE Q -3, STAGE 4,
LOCATED ON IRONWOOD AVENUE WEST OF
LASSELLE STREET AND LASSELLE STREET FROM
IRONWOOD AVENUE TO KALMIA AVENUE
DEVELOPER: KB HOME COASTAL, INC.
RECOMMENDED ACTION
Recommendations:
1. Approve the Cooperative Agreement with the Riverside County Flood Control and Water Conservation District (the District), the City of Moreno Valley ( the City), and KB Home Coastal, Inc. ( the Developer), for the Sunnymead MDP Line Q-3, Stage 4;
2. Authorize the City Manager, or designee, to execute the Cooperative Agreement and any subsequent amendments, subject to the approval of the City Attorney; and
3. Direct the City Clerk to forward the signed Cooperative Agreement to the District.
SUMMARY
This report recommends approval of the Cooperative Agreement between the District, the City, and the Developer to allow for the construction of storm drain facilities. As a condition of approval for PEN19 -0244 (TR 33436), a residential subdivision development with 104 lots, the City requires the developer to construct certain public improvements in order to provide flood protection and drainage as a result of the A.23
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developer’s planned development. The Cooperative Agreement (Attachment 2) is the District’s mechanism by which the District, the City, and the Developer coordinate the construction and maintenance of master storm drain facilities.
DISCUSSION
On July 5, 2022, the City Council of the City of Moreno Valley approved Tract Map 33436. The project is fo r the construction of a residential subdivision development with 104 lots. The project site is located on the northwest corner of Ironwood Avenue and Lasselle Street. (Attachment 1).
The Developer will be responsible for the design and construction of th e project improvements. The Developer will prepare plans and specifications in accordance with the District’s and the City’s standards and submit improvement plans to the District and the City for review and approval. The City will review the plans and s pecifications, provide inspection for the construction, and accept responsibility for the operation and maintenance of the City’s drainage facilities, if the developer meets all requirements of the agreement. The District will review the plans and specifi cations, provide inspection for the construction, and accept ownership and responsibility for the maintenance of the District’s drainage facilities, if the developer meets all requirements of the agreement.
Prior to the construction of the facility, the Developer will be required to submit bonds for the improvements and execute an Agreement for Public Improvements, as approved by the Public Works Director/City Engineer for PEN19 -0244 (TR 33436). The Agreement will include a Faithful Performance bond and M aterial and Labor bond for both the District’s drainage facility and the City’s drainage facility. The storm drain portion of the bonds will be held by the City until completion of the storm drain and acceptance of the storm drain improvements by the City and the District.
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative as it will allow the project to construct master drainage plan storm drain facilities.
2. Do not approve and do not authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will not allow the project to construct master drainage plan storm drain facilities.
FISCAL IMPACT
No fiscal impact is anticipated.
NOTIFICATION
Publication of agenda.
A.23
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PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Larry Gonzales Melissa Walker, P.E.
Senior Engineer, P.E. Acting Public Works Director/City Engineer
Concurred By:
Clement Jimenez, P.E.
Principal Engineer
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Vicinity Map PEN19-0244 (TR 33436)
2. Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4
APPROVALS
Budget Officer Approval ✓ Approved . 11/30/22 8:30 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/30/22 8:35 AM A.23
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CITY OF MORENO VALLEY
PUBLIC WORKS DEPARTMENT - LAND DEVELOPMENT
DIVISION
PEN19-0244 (TR 33436)
Vicinity Map
A.23.a
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Attachment: Vicinity Map PEN19-0244 (TR 33436) (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE AGREEMENT) 246593
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COOPERATIVE AGREEMENT
Sunnymead MDP Line Q-3, Stage 4
Project No. 4-0-00353
Tract Map No. 33436
This Cooperative Agreement ("Agreement"), dated as of ___________________, is entered into by and between t he Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"), the City of Moreno Valley, a municipal corporation of the State of California ( "CITY"), and KB HOME Coastal Inc ., a California corporation ("DEVELOPER"). DISTRICT, CITY and DEVELOPER are individually referred to herein as "Party" and collectively referred to herein as "Parties". The Parties agree as follows:
RECITALS
A. DEVELOPER is the legal owner of record of certain real property located within the City of Moreno Valley and has submitted for approval Tract Map No. 33436 related to the property. The legal description of the property related to Tract Map No. 33436 is provided in Exhibit "A", attached hereto and made a part hereof; and B. DEVELOPER has submitted for approval Tract Map No. 33436, related to the property, which is located in the City of Moreno Valley. As a condition of approval for Tract Map No. 33436, DEVELOPER must construct certain flood control facilities to provide flood protection and drainage for DEVELOPER's planned development; and C. The required flood control facilities and drainage improvements related to Tract Map No. 33436 are identified in DISTRICT's Sunnymead Master Drainage Plan ("MDP"), as shown on DISTRICTꞌs Drawing No. 4-0999 and are shown in concept on Exhibit "B", attached hereto and made a part hereof, and include the construction of:
i. Sunnymead MDP - LINE Q-3, Stage 4 ("LINE Q-3 STAGE 4") consisting of a pproximately 3,340 lineal feet of 54-inch reinforced A.23.b
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE 246593
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concrete pipe, as shown in blue on Exhibit "B". At the downstream terminus, LINE Q-3 STAGE 4 will connect to DISTRICT's
Sunnymead MDP Line Q-3, Stage 3 facility (DISTRICT's Drawing No. 4-0618). At its upstream terminus, LINE Q-3 STAGE 4 ends with concrete bulkhead for future extension; and
ii. All safety devices requested by DISTRICT staff during the course of project construction and during any final field inspections, including, but not limited to , concrete pads, slope protection barriers, signage and fencing ("SAFETY DEVICES"). SAFETY DEVICES shall be purchased and installed by DEVELOPER's contractor and are subject to DISTRICT's inspection and approval.
iii. Together, LINE Q-3 STAGE 4 and SAFETY DEVICES are hereinafter called "DISTRICT DRAINAGE FACILITIES"; and
D. Associated with the construction of DISTRICT DRAINAGE FACILITIES are the construction of various catch basins, curbs and gutters, connector pipes, and certain lateral storm drains that are thirty -six inches (36 ") o r less in diamet er within CITY 's right of way, hereinafter called ("CITY FACILITIES"); and
E. Together, DISTRICT DRAINAGE FACILITIES and CITY FACILITIES are hereinafter called ("PROJECT"); and
F. Tract Map No. 33436 is located within Sunnymead Area Drainage Plan ("SUNNYMEAD ADP"). The SUNNYMEAD ADP Fee obligation for Tract Map No. 33436 ("SUNNYMEAD ADP OBLIGATION") shall be calculated in accordance with the "Rules and Regulations for Administration of Sunnymead Area Drainage Plans ", adopted September 16, 1980 as may be amended ("RULES"); and
A.23.b
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE 246593
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G. LINE Q-3 STAGE 4 is an identified segment of SUNNYMEAD ADP; and H. Pursuant to the RULES and the provisions of this Agreement, if DISTRICT estimates that upon constructing LINE Q-3 STAGE 4, DEVELOPER would earn ADP fee credit ("SUNNYMEAD ADP CREDIT ") for constructing LINE Q -3 STAGE 4 as a segment of SUNNYMEAD ADP, SUNNYMEAD ADP CREDIT may be used to satisfy the SUNNYMEAD ADP fee obligation for future development for properties located withi n the boundaries of the SUNNYMEAD ADP, hereinafter called ("ELIGIBLE PROPERTIES"); and I. On or about September 29, 2022, DISTRICT and DEVELOPER entered into a Right of Entry and Inspection Agreement that authorizes DEVELOPER to construct DISTRICT DRAINAGE FACILITIES. Pursuant to the Right of Entry and Inspection Agreement, DEVELOPER has commenced construction of the At-Risk Portion of LINE Q-3 STAGE 4; and J. DEVELOPER and DISTRICT desire CITY to accept ownership and the responsibility for the operation and maintenance of CITY FACILITIES; and K. DEVELOPER and CITY desire DISTRICT to accept ownership and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES; and L. DISTRICT is willing to accept ownership and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES provided DEVELOPER performs all of the following: (a) complies with this Agreement, (b) prepares PROJECT plans in accordance with DISTRICT and CITY approved plans and specifications and this Agreement, (c) constructs PROJECT in accordance with DISTRICT and CITY approved plans and specifications, (d) accepts ownership and responsibility for the operation and maintenance of PROJECT following completion of PROJECT construction until such time as DISTRICT accepts ownership and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES A.23.b
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE 246593
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and CITY accepts ownership and responsibility for the operation and maintenance of CITY FACILITIES.
M. CITY is willing to (i) review and approve, in conjunction with DISTRICT, DEVELOPER's plans and specifications for PROJECT, (ii) accept and hold faithful performance and payment bonds submitted by DEVELOPER on behalf of DISTRICT for DISTRICT DRAINAGE FACILITIES and CITY for C ITY FACILITIES, (iii) inspect the construction of PROJECT, (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way , and (v) accept ownership and responsibility for the operation and maintenance of CITY FACILITIES, provided PROJECT is constructed in accordance with plans and specifications approved by DISTRICT and CITY.
NOW, THEREFORE, in consideration of the preceding rec itals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:
SECTION I
DEVELOPER shall:
1. Prepare PROJECT plans and specifications, hereinafter called "IMPROVEMENT PLANS", in accordance with applicable DISTRICT and CITY standards, and submit to DISTRICT and CITY for their respective review and approval.
2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to cover DISTRICT 's costs associated with (i) the review and approval of IMPROVEMENT PLANS, (ii) the processi ng and administration of this Agreement and (iii) construction inspection costs . Additionally, DEVELOPER shall pay CITY, within thirty (30) calendar days after receipt of periodic billings from CITY, any and all such amounts as are deemed A.23.b
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE 246593
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reasonably necessary by CITY to cover CITY's costs associated with (i) the review and approval of IMPROVEMENT PLANS, (ii) the review and approval of right s of way and conveyance documents, (iii) the processing and administration of this Agreement and (iv) construction inspection costs.
3. By execution of this Agreement, grant DISTRICT and CITY the right to enter upon DEVELOPER's property where necessary and convenient for the purpose of gaining access to and performing inspection services for the construction of PROJECT, as set forth herein.
4. Upon execution of this Agreement , or not less than twenty (20 ) calendar days prior to recordation of the final map for Tract Map No. 33436 or any phase thereof, whichever occurs first, provide CITY with faithful performance and payment bonds in accordance with CITY's municipal code or ordinance, including any amendments thereto, for the estimated cost for construction of (i) DISTRICT DRAINAGE FACILITIES as determined by DISTRICT, and (ii) of CITY FACILITIES as determined by CITY. The surety, amount and form of the bonds, shall list CITY as an obligee and shall be subject to approval of DISTRICT (Attention: Contract Services Section) and CITY. The bonds shall remain in full force and effect until DISTRICT DRAINAGE FACILITIES are accepted by DISTRICT and CITY FACILITIES are accepted by CITY as complete . Both bonds shall be subscribed by an Admitted Surety In surer, which is authorized to transact surety insurance business in the State of California with a policy holder 's rating of A or higher and a Financial Class of VII or larger. Should any bond or surety become insufficient, DEVELOPER shall furnish a new bond within ten (10) calendar days after receiving notice from CITY.
5. Upon DISTRICT 's and CITY 's approval of IMPROVEMENT PLANS, deposit with DISTRICT (Attention: Business Office – Accounts Receivable) , and notify DISTRICT (Attention: Contract Services Section), the estimated cost of providing construction A.23.b
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inspection for DISTRICT DRAINAGE FACILITIES, in an amount as determined and approved by DISTRICT.
6. Upon DISTRICT 's and CITY 's approval of IMPROVEMENT PLANS, furnish DISTRICT (Attention: Contract Services Section), with a complete list of all contractors and subcontractors to be performing work on PROJECT, including the corresponding license number and license classification of each. At such time, DEVELOPER shall further identify in writing its designated superintendent for PROJECT construction.
7. Upon DISTRICT 's and CITY 's approval of IMPROVEMENT PLANS, furnish DISTRICT (Attention: Contract Services Section), with a construction schedule which shall show the order and dates in which DEVELOPER or DEVELOPER's contractor proposes to carry out the various parts of work, including estimated start and completion dates. As construction of PROJECT progresses, DEVELOPER shall update said construction schedule as requested by DISTRICT.
8. Upon DISTRICT 's and CIT Y's approval of IMPROVEMENT PLANS, furnish DISTRICT (Attention: Contract Services Section), with a confined space entry procedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Sect ion 5158, Other Confined Space Operations ; Section 5157, Permit Required Confined Space ; and District Confined Space Procedures, SOM -18. The procedure shall be reviewed and approved by DISTRICT prior to the issuance of a Notice to Proceed, which shall be given by DISTRICT to DEVELOPER upon DISTRICT 's and CITY 's approval.
9. Upon DISTRICT's and CITY's approval of IMPROVEMENT PLANS, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs A.23.b
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE 246593
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required insurance provided in Exhibit "C", attached hereto and made a part hereof.
DEVELOPER shall not commence operations until DISTRICT (Attention: Contract Services Section) and CITY have been furnished with original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified or iginal policies of insurance including all endorsements and any and all other attachments. Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DI STRICT, at its sole discretion, to provide written notice to DEVELOPER that DISTRICT is unable to perform its obligations hereunder, nor to accept responsibility for ownership, operation and maintenance of DISTRICT DRAINAGE FACILITIES due, either in whole or in part, to said breach of this Agreement.
10. Upon DISTRICT and CITY's approval of IMPROVEMENT PLANS, or not less than twenty (20) calendar days prior to recordation of the final map for Tract Map No. 33436 or any phase thereof, whichever occurs first, fu rnish DISTRICT (Attention: Plan Check Section) and CITY with sufficient evidence of DEVELOPER having secured such necessary licenses, agreements, permits, approvals, rights of way, rights of entry and temporary construction easements, as may be needed for the construction, inspection, operation and maintenance of PROJECT as determined and approved by DISTRICT and CITY.
11. Furnish DISTRICT (Attention: Plan Check Section) and CITY each with a set of final mylar plans PROJECT plans and assign their ownership to DISTRICT and CITY respectively prior to the start on any portion of PROJECT construction.
12. After receiving DISTRICT 's plan check and administrative clearance for PROJECT construction, as set forth in Sections I.4 through I.11, notify DISTRICT (Attention:
Construction Management Section) and CITY with twenty (20) calendar days written notice of intent to start of construction of PROJECT, and include PROJECT 's geotechnical firm, concrete A.23.b
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lab/test firm, D-Load test forms, trench shoring/false work calculations and concrete mix designs for DISTRICT's review and approval. Construction shall not begin on any element of PROJECT, for any reason whatsoever, until DISTRICT and CITY have issued to DEVELOPER a written Notice to Proceed authorizing DEVEL OPER to commence construction of PROJECT .
DISTRICT reserves the right to withhold issuance of the Notice to Proceed in accordance with Section IV.4.
13. Prior to commencing construction, obtain, at its sole cost and expense , and furnish DISTRICT (Attention: Pl an Check Section) and CITY with copies of all permits, approvals or agreements required by any federal, state or local resource and/or regulatory agency for the construction, operation and maintenance of PROJECT. Such documents include, but are not limited to , those issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Wildlife, State Water Resources Control Board and Western Riverside County Regional Conservation Authority.
14. Not permit any change to or modification of DISTRICT and CITY approved IMPROVEMENT PLANS without the prior written permission and consent of DISTRICT and CITY.
15. Comply with all Cal/OSHA safety regulations including but not limited to regulations concerning confined space and maintain a safe working environment for DEVELOPER, DISTRICT and CITY employees on the site.
16. Upon receipt of DISTRICT's written Notice to Proceed, construct or cause to be constructed PROJECT at DEVELOPER 's sole cost and expense, in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
17. Within two (2) weeks of completing PROJECT construction, provide DISTRICT (Attention: Construction Management Section) and CITY with written notice that A.23.b
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PROJECT construction is substantially complete and requesting that DISTRICT conduct a final inspection of DISTRICT DRAINAGE FACILITIES and that CITY conduct a final inspection of PROJECT.
18. Upon completion of P ROJECT construction, a ccept ownership , sole responsibility and all liability whatsoever for the operation and maintenance of PROJECT until such time as (i) DISTRICT accepts ownership and responsibility for operation and maintenance of DISTRICT DRAINAGE FACILITIES; and (ii) CITY accepts ownership and responsibility for operation and maintenance of C ITY FACILITIES. If, subsequent to the inspection and, in the sole discretion of DISTRICT, DISTRICT DRAINAGE FACILITIES are not in an acceptable condition, corrections shall be made at sole expense of DEVELOPER.
19. Upon completion of PROJECT construction but prior to DISTRICT acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance, provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, to provide DISTRICT (Attention: Construction Management Section) with (i) soil compaction report(s) – stamped and wet signed by the geotechnical engineer, (ii) concrete testing report(s) – stamped and wet signed by the civil engineer of record and (iii) a redlined "record drawings" copy of IMPROVEMENT PLANS. After DISTRICT approval of the redlined "record drawings", DEVELOPER's engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT's original mylars at DISTRICT's office; after which the engineer shall review, stamp and sign the original IMPROVEMENT PLANS as "record drawings".
20. Ensure that all work performed pursuant to this Agreement by DEVELOPER, its agents or contractors is done in accordance with all applicable local, state and federal laws and regulations including, but not limited to, all applicable provisions of the Labor A.23.b
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE 246593
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Code, Business and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs associated with compliance with applicable laws and regulations.
21. Pay, if suit is brought upon this Agreement or any bond guaranteeing the completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as costs and included in any judgment rendered.
SECTION II
DISTRICT shall:
1. Review IMPROVEMENT PLANS and approve when DISTRICT has determined that such plans meet DISTRICT standards and are found acceptable to DISTRICT prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and approve IMPROVEMENT PLANS prior to DISTRICT's final approval.
3. Upon execution of this Agreement, record or cau se to be recorded a copy of this Agreement in the Official Records of the Riverside County Recorder.
4. Endeavor to issue DEVELOPER a Notice to Proceed within twenty (20) calendar days of receipt of DEVELOPER 's complete written notice of intent to start of construction of PROJECT as set forth in Section I. 12.; however, DISTRICT's construction inspection staff is limited and, therefore, the timing of issuance of a Notice to Proceed is subject to staff availability.
5. Reserve the right to withhold issuance of the Notice to Proceed pursuant to Section IV.4.
6. Inspect construction of DISTRICT DRAINAGE FACILITIES.
A.23.b
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7. Keep an accurate accounting and submit periodic invoices to DEVELOPER of all DISTRICT costs associated with the (i) review and approval of IMPROVEMENT PLANS, and (ii) processing and administration of this Agreement.
8. Keep an accurate accounting of all DISTRICT construction inspection costs and within forty -five (45) calendar days after DISTRICT acceptance of DISTRICT DRAINAGE FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit as set forth in Section I. 5 exceeds such inspection costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) calendar days after DISTRICT's acceptance of DISTRICT DRAINAGE FACILITIES as being complete.
9. Upon (i) DISTRICT acceptance of PROJECT construction as being complete and (ii) DISTRICT receipt of stamped and signe d "record drawing " of IMPROVEMENT PLANS as set forth in Section I.19, provide DEVELOPER with a reproducible duplicate copy of "record drawings" of IMPROVEMENT PLANS.
10. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES , DISTRICT DRAINAGE FACILITIES shall be in a satisfactorily maintained condition as solely determined by DISTRICT.
If, subsequent to any inspection and in the sole discretion of DISTRICT, DISTRICT DRAINAGE FACILITIES are not in an acceptable condition, corrections shall be made at sole exp ense of DEVELOPER.
11. Accept ownership and sole responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES upon (i) DISTRICT inspection of DISTRICT DRAINAGE FACILITIES in accordance with Section I. 17, (ii) DISTRICT acceptance of PROJECT construction as being complete, (iii) DISTRICT receipt of stamped and signed "record drawings " of IMPROVEMENT PLANS as set forth in Section I. 19, (iv) A.23.b
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DISTRICT DRAINAGE FACILITIES are fully functioning as a flood control drainage system as solely determined by DISTRICT and (vi) DISTRICT 's sole determination that DISTRICT DRAINAGE FACILITIES are in a satisfactorily maintained condition.
12. Upon (i) DISTRICT acceptance of PROJECT construction as being complete and (ii) DISTRICT receipt of stamped and signed "record drawing " of IMPROVEMENT PLANS, as set forth in Section I. 19, provide CITY with (i) a reproducible duplicate copy of "record drawings" of constructed DISTRICT DRAINAGE FACILITIES, (ii) a written notice that PROJECT is complete , and (iii) request CITY release bonds held for DISTRICT DRAINAGE FACILITIES and CITY FACILITIES.
SECTION III
CITY shall:
1. Review IMPROVEMENT PLANS and approve when CITY has
determined that such plans meet CITY standards and are found acceptable to CITY prior to the start of PROJECT construction. CITY shall not request any modifications on the IMPROVEMENT PLANS without prior DISTRICT approval.
2. Accept CITY and DISTRICT approved faithful performance and payment bonds submitted by DEVELOPER, in accordance with CITY 's municipal code or ordinance, including any amendments thereto, for the estimated cost for construction of DISTRICT DRAINAGE FACILITIES as determined by DISTRICT and of C ITY FACILITIES as determined by CITY and hold said bonds as provided in this Agreement. The surety, amount and form of the bonds, shall list CITY as an obligee and shall be subject to approval of DISTRICT (Attention: Contract Services Section) and CITY. The bonds shall remain in full force and effect until DISTRICT DRAINAGE FACILITIES are accepted by DISTRICT and CITY FACILITIES are accepted by CITY as complete. Both bonds shall be subscribed by an Admitted Surety Insurer, A.23.b
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which is authorized to transact surety insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or larger. Should any bond or surety become insufficient, DEVELOPER shall furnish a new bond within ten (10) calendar days after receiving notice from CITY. CITY shall not release said bonds until DISTRICT provides CITY with a reproducible duplicate copy of "record drawings" and written notification that PROJECT is complete, as set forth in Section II.12.
3. Request DEVELOPER to update the construction schedule, as deemed necessary.
4. Grant DISTRICT, by execution of this Agreement, the right to inspect, operate and maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way.
5. Inspect PROJECT construction.
6. Accept ownership and sole responsibility for the operation and maintenance of CITY FACILITIES upon (i) DISTRICT acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance , ii) C ITY's final inspection of C ITY FACILITIES, and (iii) C ITY's sole determination that C ITY FACILITIES are constructed in accordance with plans and specifications and in a satisfactorily maintained condition.
7. Release occupancy permits in accordance with the approved Conditions of Approval for Tract Map No. 33436.
8. Upon DISTRICT and CITY acceptance of PROJECT construction as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY rights of way which must be performed at such time(s) that the finished grade along and above t he underground portions of DISTRICT DRAINAGE FACILITIES are improved, repaired, replaced or changed. It being further understood and agreed that any such adjustments shall be performed at no cost to DISTRICT.
A.23.b
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SECTION IV
It is further mutually agreed:
1. DISTRICT may withhold acceptance for ownership and sole responsibility for the operation and maintenance of DISTRICT FACILITIES unless and until DEVELOPER performs all obligations under this Agreement.
2. All construction work involved with PROJECT shall be insp ected by DEVELOPER, DISTRICT and CITY but shall not be deemed complete until DISTRICT and CITY mutually agree in writing that construction of PROJECT is completed in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
3. DISTRICT and CITY personnel may observe and inspect all work being done on DISTRICT DRAINAGE FACILITIES but shall provide any comments to DISTRICT personnel who shall be solely responsible for all quality control communications with DEVELOPER's contractor(s) during the construction of PROJECT.
4. If DEVELOPER fails to commence construction of PROJECT within twenty-four (24) consecutive months after execution of this Agreement, then DISTRICT reserves the right to withhold issuance of the Notice to Proceed after this period of time pending a review of the existing site conditions as they exist at the time DEVELOPER provides written notification to DISTRICT of the start of construction as set forth in Section I. 12. In the event of a change in the existing site conditions that mate rially affects PROJECT function or DISTRICT 's ability to operate and maintain DISTRICT DRAINAGE FACILITIES, DISTRICT may require DEVELOPER to modify IMPROVEMENT PLANS as deemed necessary by DISTRICT
5. DEVELOPER shall complete construction of PROJECT within t welve (12) months after commencement of construction of PROJECT, unless CITY and DISTRICT agree to extend the time to complete construction. Failure of DEVELOPER to perform the work A.23.b
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within the agreed upon time shall constitute authority for (i) DISTRICT t o terminate the Agreement and (ii) CITY to perform the remaining work on PROJECT and require DEVELOPER's surety to pay to CITY the penal sum of any and all bonds. Should CITY perform the remaining work on PROJECT under this section, DEVELOPER grants to CITY and CITY's officers, deputies, employees, agents, representatives, contractors and other designees the irrevocable permission to enter upon the Tract Map No. 33436 to complete construction and remaining work on PROJECT. This right of entry shall term inate when such construction and remaining work is complete. CITY shall subsequently reimburse DISTRICT from the funds paid by DEVELOPER's surety for any DISTRICT costs incurred.
6. In the event DEVELOPER wishes to expedite issuance of a Notice to Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at DEVELOPER's sole cost and expense. DEVELOPER shall furnish appropriate documentation of the individual 's credentials and experience to DISTRICT for review and, if appropriat e, approval. DISTRICT shall review the individual 's qualifications and experience, and upon approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be authorized to act on DISTRICT 's behalf on all DISTRICT DRAINAGE FACILITIES construction and quality control matters. If DEVELOPER 's initial construction inspection deposit furnished pursuant to Section I. 5 exceeds Ten Thousand Dollars ($10,000 ), DISTRICT shall refund to DEVELOPER up to eighty percent (80%) of DEVELOPER 's initial inspection deposit within forty-five (45) calendar days of DISTRICT 's approval of DEPUTY INSPECTOR; however, a minimum balance of Ten Thousand Dollars ($10,000) shall be retained on account.
7. PROJECT construction work shall be on a five (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless otherwise approved in writing by DISTRICT and CITY. If DEVELOPER feels it is necessary to A.23.b
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work more than the normal forty (40) hour work week or on DISTRICT or CITY designated legal holidays, DEVELOPER shall make a written request for permission from DISTRICT and CITY to work the additional hours. The request shall be submitted to DISTRICT and CITY at least seventy-two (72) hours prior to the requested additional work hours and stat e the reasons for the overtime and the specific time frames required. The decision of granting permission for overtime work shall be made by DISTRICT and CITY at their sole discretion and shall be final. If permission is granted by DISTRICT and CITY, DEVELOPER will be charged the cost incurred at the overtime rates for additional inspection time required in connection with the overtime work in accordance with the CITY's municipal code or ordinance, including any amendments thereto.
8. DEVELOPER shall indemn ify, defend, and hold harmless , and require DEVELOPER's construction contractor(s) to indemnify, defend and hold harmless, DISTRICT, the County of Riverside and C ITY (including their respective Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, Council, elected and appointed officials, employees, contractors, agents and representatives) (individually and collectively hereinafter referred to as "Indemnitees") from any liability action, claim or damage whatsoever, based or asserted upon any acts, omissions, or services of DEVELOPER and/or DEVELOPER's construction contractor(s), (including their respective officers, employees, subcontractors, agents or representatives) (individually and collectively hereinafter referred to as "Indemnitors") arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever.
DEVELOPER or DEVELOPER's construction contractor(s) shall defend, at its sole expense, the Indemnitees, including all costs and fees (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards), in any claim or action based upon such alleged A.23.b
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acts or omissions. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of the Agreement.
9. With respect to any action or claim subject to indemnification herein by DEVELOPER, DEVELOPER shall, at its sole cost, have the right to use counsel of their own choice and may adjust, settle, compromise any such claim only with the prior consent of DISTRICT, the County of Riverside and CITY. Any such adjustment, settlement or compromise shall not in any manner whatsoever limit or circumscribe DEVELOPER 's indemnification obligations to Indemnitees as set forth herein.
10. DEVELOPER and DEVELOPER 's construction contractor(s) indemnification obligations hereunder shall be satisfied when DEVELOPER or DEVELOPER's construction contractor(s) has provided to DISTRICT and CITY the appropriate form of dismissal (or similar document) relieving DISTRICT, the County of Riverside, or CITY from any liability for the claim, proceeding or action involved.
11. The specified insurance limits required in this Agreement shall in no way limit or circumscribe DEVELOPER or DEVELOPER's construction contractor(s) obligations to indemnify and hold harmless the Indemnitees herein from third party claims.
12. In the event there is conflict between this section and California Civil Code Section 2782, this section shall be interpreted to comply with California Civil Code Section 2782.
Such interpretation shall not relieve DEVELOPER or DEVELOPER's construction contractor(s) from indemnifying the Indemnitees to the fullest extent allowed by law.
13. DEVELOPER for itself, its successors and assigns hereby releases DISTRICT, the County of Riverside, and CITY (including their respective agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors , Council, elected and appointed officials, employees, agents and representatives) from any and all A.23.b
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claims, demands, actions or suits of any kind arising out of any liability, known or unknown, present or future, including but not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute a release of DEVELOPER by DISTRICT, the County of Riverside, or CITY (including each of their respective Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, Council, elected and appointed officials, employees, agents and representatives) from any and all claims, demands, actions or suits of any kind arising out of any liability, known or unknow n, present or future, for the negligent maintenance of PROJECT, after the acceptance of PROJECT by DISTRICT and CITY, as described in this Agreement.
14. Any waiver by any Party hereto of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of any Party hereto to require exact, full and complete compliance with any terms of this Agreement of any other Party shall not be construed as in any manner changing the terms hereof, or stopping such Party from enforcement hereof.
15. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contracts Services Section
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To CITY: CITY OF MORENO VALLEY
14177 Frederick Street
Moreno Valley, CA 92552
Attn: Michael Lloyd
To DEVELOPER: KB HOME Coastal Inc.
36310 Inland Valley Drive, Suite 300
Wildomar, CA 92595
Attn: Caine Tsutsui
16. This Agreement is to be construed in accordance with the laws of the State of California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.
17. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other County.
18. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import ance or significance. Any uncertainty or ambiguity in this Agreement shall no t be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.
19. The provisions of this Agreement are solely for the benefit of the Parties, and not for the benefit of any third party . A ccordingly, no third party shall have any right or action based on the provisions of this Agreement.
20. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees.
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21. No Party shall assign this Agreement without the written consent of all other Parties. Any attempt to delegate or assign any interest herein without written consent of all other Parties shall be deemed void and of no effect.
22. In the event DEVELOPER sells Tract Map No. 33436, DEVELOPER shall notify DISTRICT and CITY of any such transfer or assignment in writing no later than thirty (30) calendar days from the date of the sale. DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties in this Agreement until DISTRICT, CITY, DEVELOPER and the new owner(s) of Tract Map No. 33436 fully execute an assignment and assumption agreement that transfers all DEVELOPER 's rights, duties or obligations in this Agreement to the new owner(s) of Tract Map No. 33436.
23. The individual(s) executing this Agreement on behalf of DEVELOPER certify that they have the authority within their respective company(ies) to enter into and execute this Agreement and have been authorized to do so by all boards of directors, legal counsel, and/or any other board, committee or other entity within their respective company(ies) which have the authority to authorize or deny entering into this Agreement.
24. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
25. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
.
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM:
ATTEST:
MINH TRAN
County Counsel
KECIA HARPER
Clerk of the Board
By
CAROLINE K. MONROY
Deputy County Counsel
By
Deputy
(SEAL)
[Signed in Counterpart]
Cooperative Agreement:
Sunnymead MDP Line Q-3, Stage 4
Project Nos. 4-0-00353
Tract Map No. 33436
AMR:blm
10/19/22
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RECOMMENDED FOR APPROVAL: CITY OF MORENO VALLEY
By
MIKE LEE
City Manager
APPROVED AS TO FORM:
ATTEST:
By
STEVE QUINTANILLA
Interim City Attorney
By
JANE HALSTEAD
City Clerk
(SEAL)
Cooperative Agreement:
Sunnymead MDP Line Q-3, Stage 4
Project Nos. 4-0-00353
Tract Map No. 33436
AMR:blm
10/19/22
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE 246593
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KB HOME Coastal Inc.,
a California corporation
By
SCOTT HANSEN
Vice President
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Cooperative Agreement:
Sunnymead MDP Line Q-3, Stage 4
Project Nos. 4-0-00353
Tract Map No. 33436
AMR:blm
10/19/22
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 32, TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY.
APN: 474-200-014-4
PARCEL 2:
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, ACCORDING TO AN OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, JUNE 11, 1883;
EXCEPTING FROM THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION; THENCE SOUTH 00° 07' 22" EAST 938.53 FEET ON THE EAST LINE OF SAID SECTION: THENCE NORTH 89° 52' 38" WEST 148.59 FEET; THENCE NORTH 12° 29' 22" WEST 175.99 FEET; THENCE NORTH 33° 53' 42" WEST 290.38 FEET; THENCE NORTH 47° 58' 02" WEST 88.50 FEET: THENCE NORTH 17° 14' 02" WEST 130.52 FEET. THENCE NORTH 05° 38' 22" WEST 152.74 FEET; THENCE SOUTH 89° 59' 29" WEST 196.05 FEET TO A POINT ON THE WEST
LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 00° 05' 17" WEST 190 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89° 49' 23" EAST 661.99 FEET ON SAID NORTH LINE TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE EAST 10 FEET AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MARCH 21, 1977 AS INSTRUMENT NO. 46924.
ALSO EXCEPTING THE SOUTHERLY 30 FEET IN IRONWOOD AVENUE.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 2 SOUTH, RANGE 3 WEST, S.B.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 32: THENCE ALONG THE SOUTH LINE OF SAID SECTION 32, NORTH 89° 55' 15" WEST A DISTANCE OF 435.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0° 02' 41" WEST A DISTANCE OF 1320.05 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32: THENCE ALONG SAID NORTH LINE, NORTH 89° 57' 56" WEST A DISTANCE OF 891.59 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, SOUTH 0° 02' 41" EAST A DISTANCE OF 1319.35 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 32; THENCE ALONG SAID SOUTH A.23.b
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EXHIBIT A
(Continued)
LINE OF SAID SECTION 32; THENCE ALONG SAID SOUTH LINE OF SAID SECTION 32 SOUTH 89° 55' 15" EAST A DISTANCE OF 891.59 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION.
APN: 474-200-025-4
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE MAVMULE PL. LASSELLE STREETLASSELLE STREETLASSELLESTREETW. KALMIAAVENUEMELNIKCTMAPLE CTIRONWOOD AVENUETIG AILROCKINGHAM STREETLAURIE ST.
LEGEND:MAINTAINED BY RCFC&WCDMAINTAINED BY CITY OF MORENO VALLEYMAINTAINED BY CITY OF MORENO VALLEYE. KALMIAAVENUE A.23.b
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE
DISTRICT's Insurance Requirements is as follows:
Without limiting or diminishing DEVELOPER's obligation to indemnify or hold DISTRICT harmless, DEVELOPER shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s du ring the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives a s Additional Insureds.
A. Workers' Compensation:
If DEVELOPER has employees as defined by the State of California, DEVELOPER shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, p roducts and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of DEVELOPER's performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If DEVELOPER's vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then DEVELOPER shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the DISTRICT as Additional Insureds.
EXHIBIT C
COOPERATIVE AGREEMENT
Sunnymead MDP Line Q-3, Stage 4
Project Nos. 4-0-00353
Tract Map No. 33436
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D. Professional Liability:
DEVELOPER shall cause any architect or engineer retained by DEVELOPER in connection with the performance of DEVELOPER's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work inclu ded within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. DEVELOPER shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.
E. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The DEVELOPER must declare its insurance self-insured retention for each coverage required herein. If any such self -insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, DEVELOPER's carriers shall either: 1) reduce or elimin ate such self -insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
COOPERATIVE AGREEMENT
Sunnymead MDP Line Q-3, Stage 4
Project Nos. 4-0-00353
Tract Map No. 33436
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c. DEVELOPER shall cause their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so ora lly or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If DEVELOPER insurance carrier(s) policies does not meet the minimum notice requirement found herein, DEVELOPER shall cause DEVELOPER's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. e. It is understood and agreed by the parties hereto that DEVELOPER 's insurance shall be construed as pr imary insurance, and DISTRICT's insurance and/or deductibles and/or self -insured retentions or self - insured programs shall not be construed as contributory. f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the
COOPERATIVE AGREEMENT
Sunnymead MDP Line Q-3, Stage 4
Project Nos. 4-0-00353
Tract Map No. 33436
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE
monetary limits o f liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by DEVELOPER has become inadequate.
g. DEVELOPER shall pass down the insurance obligations con tained herein to all tiers of subcontractors working under this Agreement. h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT. i. DEVELOPER agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
COOPERATIVE AGREEMENT
Sunnymead MDP Line Q-3, Stage 4
Project Nos. 4-0-00353
Tract Map No. 33436
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Attachment: Cooperative Agreement - Sunnymead MDP Line Q-3, Stage 4 (6004 : PEN19-0244 (TR 33436) – APPROVE COOPERATIVE
Report to City Council
ID#5977 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Acting Public Work Director/City Engineer
AGENDA DATE: December 6, 2022
TITLE: AUTHORIZATION TO AWARD A CONSTRUCTION
CONTRACT TO PUB CONSTRUCTION INC. FOR THE
JUAN BAUTISTA DE ANZA MULTI -USE TRAIL ATP -4,
FROM THE MORENO VALLEY MALL TO IRIS AVE,
PROJECT NO. 801 0086
RECOMMENDED ACTION
Recommendations:
1. Adopt Resolution No. 2022 -XXX, rejecting apparent low bidder as non - responsive and awarding a construction contract to lowest responsive and responsible bidder PUB Construction Inc. for the Juan Bautista de Anza Multi- Use Trail ATP-4 from the Moreno Valley Mall to Iris Avenue, Project No. 801 0086 and authorize the City Manager to execute a contract in substantial conformance with the attached contract in the amount of $5,949,539.00, and authorize the City Manager to approve and execute any subsequent amendments subject to the approval of the City Attorney;
2. Award an agreement for Professional Consultant Service to TKE Engineering, Inc. to provide construction management and inspection services for the Juan Bautista de Anza Multi -Use Trail AT P-4, from the Moreno Valley Mall to Iris Avenue, Project No. 801 0086 project and authorize the City Manager to execute the agreement and any subsequent amendments with TKE Engineering, Inc. in the amount of $325,645.00;
3. Award an agreement for Professional Consultant Service to RMA Group to provide material testing and geotechnical services for the Juan Bautista de Anza Multi -Use Trail AT P-4, from the Moreno Valley Mall to Iris Avenue, Project No. 801 0086 project and authorize the City Manager to execute the agreement and any subsequent amendments with RMA Group in the amount of $93,800.00;
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4. Approve the First Amendment to KOA Corporation to provide Landscape Design and Design Support Services during construction for the Juan Bautista de Anza Multi -Use Trail from Moreno Valley Mall to Iris Avenue; authorize the First Amendment to extend the termination date from December 31, 2022 to June 30, 2023; and authorize the City M anager to execute the First Amendment to Agreement and any subsequent amendments with KOA Corporation in the amount of $22,247.50;
5. Approve the Fourth Amendment to the On -Call Agreement for Professional Civil Engineer/Project Manager services with CAV Cons ulting for various CIP projects including this project and authorize the City Manager to execute the Fourth Amendment to Agreement and any subsequent amendments with CAV Consulting;
6. Authorize the issuance of a Purchase Order to PUB Construction Inc. in t he amount of $6,544,492.90 (bid amount plus a 10% contingency), a Purchase Order to TKE Engineering, Inc. in the amount of $325,645.00, and a Purchase Order to RMA Group in the amount of $93,800.00, necessary for completing the construction of this project , funded by Capital Projects Grants Fund (Fund 2301);
7. Approve the change order to the existing Purchase Order for KOA Corporation in the amount $22,247.50, funded by Capital Projects Grants Fund (Fund 2301) for a not -to-exceed Purchase Order total amount of $505,071.50 once the Amendment has been signed by all parties;
8. Approve the change order to the existing Purchase Order for CAV Consulting in the amount $100,000, funded by Gas Tax Fund (Fund 2000), for a not -to- exceed Purchase Order total amount of $5 74,500.00 once the Amendment has been signed by all parties; and
9. Authorize the Public Works Director/City Engineer to execute any subsequent change orders to PUB Construction Inc. contract not exceeding the contingency of $594,953.90, subject to the approval of the City Attorney.
SUMMARY
This report recommends approval of a contract with PUB Construction Inc. for the construction of the Juan Bautista de Anza Multi-Use Trail from Moreno Valley Mall to Iris Avenue project. Included with this report as Attachment #1 is a Vicinity Map showing the location and limits of the project. The project is funded with ATP grant cycle 4 Funds.
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 RMA Group, a first amendment to the agreement with KOA Corporation for Landscape Design, Plans, and specifications and Construction Support services, and a fourth A.24
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amendment to the agreement with CAV Consulting for project management services.
This project is funded by Capital Projects Grants Fund (Fund 2301) and consistent with the City Council’s Momentum MoVal Strategic Plan to complete the J uan Bautista de Anza Multi-Use Trail. There is no impact to the General Fund.
DISCUSSION
The Active Transportation Program (ATP) was created by California Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101(Chapter 354, Statutes of 2013 ) to encourage increased use of active modes of transportation, such as biking and walking. Eligible projects for ATP grant funding include pedestrian facilities, traffic control devices, bicycle facilities, and recreational trails.
On June 19, 2018, Cit y Council approved submission of an application for this project under the ATP Cycle 4 Call for Projects. The project was subsequently approved, and on April 16, 2019, the City Council accepted the ATP Cycle 4 grant in total amount of $8.4 Million for the project. At the October 9, 2019 California Transportation Commission (CTC) meeting, the CTC allocated funding in the amount of $1,010,000 for the Plans, Specifications and Estimate (PS&E) and ROW phases and authorized the City to proceed with the project. The Design Plans, Specifications and Engineers Estimate (PS&E) were completed in April 2022. All Right -of-Way and easements for the Project were procured and the City applied for and received a permit from the Department of Water Resources (DWR) for the construction of the trail.
On April 28, 2022, the City self -certified the PS&E and RW/Easements and submitted application to the California Transportation Commission (CTC) for the allocation of Construction Funds to complete the project. During the June 30, 2022 CTC Meeting, the CTC approved the Funding Allocation to the City of Moreno Valley to bid and complete the construction Phase of the Project. On July 13, 2022, the City received a letter from the Department of Transportation, Division of Local Assist ance officially making the funding allocation for the Construction Phase of this project in the amount of $7,393,000.00. The ATP Cycle 4 Allocation funds 100% of all hard and soft costs for completing the project including Construction Costs (hard costs), Project Management, Construction Management/Inspection Services, Geotechnical Services, design support during construction, permit fees, and all other costs associated with the completion of the construction phase. The construction contract must be awarde d by December 31, 2022 in order to remain eligible for ATP grant funding.
The Juan Bautista de Anza Multi -Use Trail project extends from the Moreno Valley Mall to Iris Avenue. The Design Plans, Specification, Engineers Estimate (PS&E), acquisition of right-of-way and easements, and required permits have been completed. This project consists of the trail construction of approximately four miles, in varying segments lengths, from Moreno Valley Mall to Iris Avenue. When these segments are completed, they will connect to other segments of the overall trail project funded through previous ATP cycles or constructed by development activities. These other segments include Iris Avenue to El Portero Park and the southern portion of the trail from El Portero Park to Lake Perris State Park.
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The project was advertised for construction bids on September 8, 2022, and 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 October 20, 2022, as follows:
CONTRACTORS Base Bid + Additive Alt. Bids
1. GMZ Engineering Inc. (Non-Responsive) $5,862,082.00
2. PUB Construction Inc. $5,949,539.00
ENGINEER’S ESTIMATE (BASE BID ITEMS) $5,202,560.00
ENGINEER’S ESTIMATE (BASE BID & Add Alts A1 and A2) $5,478,530.00
The apparent lowest bidder, GMZ was determined to be non -responsive for lack of meeting the Technical Provisions, specifically “Payment for Mobilization”, Contract specifications specifically, performing at least 50% of the Contract work and not providing required wet signature originals of Bidder’s Bonds.
The lowest responsible bidder was determined by comparing the cumulative total for all base bid and additive a lternate bid items as stipulated in the bidding documents. Staff has reviewed the bid by PUB Construction Inc. and finds it to be the lowest responsive and responsible bidder in possession of a valid license and bid bond. No outstanding issues were identified through review of the references submitted by PUB Construction Inc. in their bid. Staff recommends awarding a contract with the base bid and additive alternate bids 1 and 2 which is to remove existing and construct 6" PCC Pavement (instead of 4" AC P avement (Bid Item 28)) (allowance) and remove existing and construct 4" aggregate base over 95% compacted native (allowance).
A contingency of 10% of the bid amount ($ 594,953.90) is recommended to account for any differing field conditions and unforeseen conditions that may occur during completion of the project. 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 $325,645.00 to provide construction management and inspection services for this project. The consultant is responsible for managing all construction activitie s 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 RMA Group in an amount of $93,800.00 to p rovide material and geotechnical services for this project that generally include performing tests on the trails subbase and native soil, contractor’s furnished 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 RMA Group were selected through a request for proposal and selection process A.24
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and deemed to be highly qualified to perform these quality check/quality assurance (QA/QC) services for the project.
Staff recommends approving the First Amendment to the on -call agreement with KOA Corporation to provide landscape design services and construction support services during the project construction. KOA was awarded with a design co ntract on July 2, 2020 in the amount of $482,824.00 to provide design services for the project PS&E and Right-of-Way acquisition to complete the project. Additional design services to add landscaping was required for the CTC Funding Allocation. Also, addi tional services are required for design support services during project construction. Staff is recommending increasing KOA Corporation’s contract amount for an additional $22,247.50 with this First Amendment using ATP4 Funds as allowed in the Construction Allocation for this project.
Staff also recommends approving the Fourth 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 Second Amendment which increased the contract amount by $200,000 and extended their agreement until December 2023. In June 2022, CAV Consulting was approved with the Third Amendment which increased the contract amount by $200,000. With the current large -scale pavement rehabilitation projects underway, continued projec t management and consultant assistance is necessary to deliver CIP projects on schedule. Staff is recommending increasing CAV Consulting’s contract amount for additional $100,000 with this Fourth Amendment using available Gas Tax Fund (Fund 2000) 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), A rticle 19, commencing with Section 15300.
Approval of the recommended actions will support Initiative 4.6.1 of the Momentum MoVal Strategic Plan: “Complete the Juan Bautista De Anza Regional Trail”.
Requests for Proposals (RFP) for Professional Consulta nt Services were distributed and advertised in accordance with the California State Department of Transportation (Caltrans) and City’s processes in compliance with ATP grant program. The City received eight (8) proposals in response to the RFP for Construc tion Management/Inspection Services and seven (7) proposals in response to the RFP for Geotechnical services. Following a competitive selection process, TKE Engineering, Inc. was selected as the most qualified consultant to perform the Construction Management/Inspection Services and RMA Group was selected as the most qualified consultant to perform the Geotechnical Services The selection process was pursuant to the City’s Municipal Code requirements for professional services procurement.
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Staff recommends t he award of the design contract to KOA Corporation for the preliminary engineering, design, and right -of-way phases and construction support for the Juan Bautista de Anza Multi -Use Trail from Moreno Valley Mall to Iris Avenue project.
Approval of the reco mmended actions would support Objective 4.6.1 of the Momentum MoVal Strategic Plan: “Complete the Juan Bautista De Anza Multi-UseTrail.”
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. This alternative will p rovide for the Juan Bautista De Anza Multi -Use Trail project to move forward and be completed in accordance with the grant requirements.
2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay th e Juan Bautista De Anza Multi -Use Trail project and jeopardize funding within the approved schedule.
FISCAL IMPACT
The Juan Bautista De Anza Multi-Use project is included in the Fiscal Year 2021/22 and 2022/23 Capital Improvement Plan (CIP) as a funded p roject. The project is fully funded by Caltrans ATP Grant Cycle 4 (Fund 2301). The ATP funding will provide reimbursement of up to $7,393,000 with a 100% reimbursement rate (no local match required) for Construction (hard and soft costs). There is no impact to the General Fund.
AVAILABLE PROJECT BUDGET FY 2022/23:
Capital Projects Grants
(Account No. 2301-70-77-80001-720199) (Project No. 801 0086-2301-99)… $7,393,000 Total………………………………………………………………………….……… $7,393,000
ESTIMATED COSTS FOR Construction
Construction w/ 10%
Contingency………………………………………………………………………… $6,030,000
Construction
Management/Inspection…………………………………………………………… $ 370,000 Geotechnical Services……………………………………………………………… $ 60,000 Project Management……………………………………………………………… $ 90,000 Administration*……………………………………………………………………… $ 200,000
Total Estimated Costs…………………………………………………………… $6,750,000 *Includes City project administration, application fees, related miscellaneous costs, and approvals.
ANTICIPATED PROJECT SCHEDULE:
Start Construction………………………………………………………………Winter 2022/23 Complete Construction…………………………………………………………Summer 2023
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NOTIFICATION
Public notification and community outreach will continue throughout the completion of this project.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Harold Zamora, P.E. Melissa Walker, P.E.
Capital Projects Division Manager Acting Public Works Director/City Engineer
CITY COUNCIL GOALS
Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and fost er an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Location Map
2. Agreement with PUB Construction Inc.
3. Agreement with TKE Engineering
4. Agreement with RMA Group
5. First Amendment to Agreement with KOA Corporation
6. Fourth Amendment to Agreement with CAV Consulting
7. RESOLUTION REJECTING GMZ BID JUAN BAUTISTA TRAIL PROJECT
APPROVALS
Budget Officer Approval ✓ Approved . 11/28/22 7:47 AM City Attorney Approval ✓ Approved .
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City Manager Approval ✓ Approved . 11/28/22 3:57 PM A.24
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Attachment: Location Map (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB CONSTRUCTION INC. FOR THE JUAN City of Moreno Valley
Project No. 801 0086
Standard Form of Agreement
00500-1
Agreement No.
AGREEMENT
PROJECT NO. 801 0086
ATPSB1L-5441(076)
JUAN BAUTISTA DE ANZA
MULTI-USE IMPROVEMENT TRAIL - PHASE 4
THIS Agreement is made and entered into this _____ day of _____________ 202__ (“Effective Date”) by and between the City of Moreno Valley, a municipal corporation, County of Riverside, State of California, hereinafter called the "City" and PUB Construction Inc. , 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 that includes City Special Provisions, General Provisions, and Technical Provisions
F. Standard Specifications for Public Works Construction (“Greenbook”) – latest edition in effect at the Bid Deadline, as modified by the City Special Provisions G. Reference Specifications/Reference Documents other than those listed in paragraph 2, below
H. Project Plans
I. City Standard Plans
J. Caltrans Standard Plans
K. EMWD Standard Plans
L. Governmental approvals, including, but not limited to, permits required for the Work M. Contractor’s Labor and Materials Payment Bond (for reference only) N. Contractor’s Faithful Performance Bond (for reference only) O. Contractor’s Certificates of Insurance and Additional Insured Endorsements
In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing.
In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the above order of precedence.
2. REFERENCE DOCUMENTS. The following Reference Documents are not considered Contract Documents and are made available to the Contractor for informational purposes:
A. None
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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 Five Million Nine Hundred Forty Nine Thousand Five Hundred Thirty Nine and 00/100 Dollars ($5,949,539.00) (“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 120 Working Days
Base Bid and Additive Alternate Bids (1 & 2) 150 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 Twenty (120) Working Days for the Base Bid only, and up to 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 preconstr uction 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.24.b
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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.
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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 interpre ted 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 offici als, 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:
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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 Servic es 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 self- insurance, 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 Cont ractor 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.24.b
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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 self- insured 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.
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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 oper ations, 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.
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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 California- admitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as the Contract.
The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public. Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.
Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non-responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.
Contractor agrees that the Labor and Materials Payment Bond and Faithful Performance Bond attached to this Agreement are for reference purposes only, and shall not be considered a part of this Agreement. Contractor further agrees that said bonds are separate obligations of the Contractor and its Surety, and that any attorney ’s fee provision contained in any payment bond or performance bond shall not apply to this Agreement. In the event there is any litigation between the parties arising from the breach of this Agreement, each party will bear its own attorneys’ fees in the litigation.
9. RECORDS. The Contractor and its Subcontractors shall maintain and keep books, payrolls, invoices of materials, and Project records current, and shall record all transactions pertaining to the Contract in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Moreno Valley, Riverside County, the State of California, the Federal Government, and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for at least five (5) years after Final Acceptance.
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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 lo sses 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;
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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 ri ght 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.24.b
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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.24.b
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB City of Moreno Valley
Project No. 801 0086
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)
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Public Works Director/City Engineer
Date
City of Moreno Valley
Project No. 801 0086
CITY OF MORENO VALLEY, a Municipal Corporation PUB Construction Inc.
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.
Standard Form of Agreement
00500-13
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Attachment: Agreement with PUB Construction Inc. (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 1 AGREEMENT FOR PROFESSIONAL CONSULTANT
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL – PHASE 4 ATPSB1L-5441(076)
PROJECT NO. 801 0086
This Agreement is made and entered into this _____ day of _____________ 202__ (“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 TKE Engineering, Inc., California corporation, hereinafter referred to as “Consultant.”
RECITALS
WHEREAS, the City has determined it is in the public interest to proceed with the professional work hereinafter described as "Project"; and WHEREAS, the City has determined the Project involves 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 does not have available employees to perform the services for the Project; and
WHEREAS, the City has request ed the Consultant to perform such services for the Project; and
WHEREAS, the Consultant is professionally qualified in California to perform the professional and technical services required for the Project, and hereby represents that it desires to and is professionally and le gally 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:
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
2 DESCRIPTION OF SERVICES
1. The services are to perform construction management and inspection services for the construction of the PROJECT for complianc e 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 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 t he Consultant and the Consultant agrees to receive a "Not- to-Exceed" fee of $325,645.00 in accordance wit h the payment terms provided on Exhibit "D" attached hereto and incorporated herein by this reference.
TIME FOR PERFORMANCE
5. The Consultant shall commence servic es 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 e ffective 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 Consul tant 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.
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
3 8. (a) The Consultant agrees that the personnel, includ ing the principal Project Manager, and all subconsultants assi gned to the Project by the Co nsultant, 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 consultant and not hing contained herein shall be construed as making the Consultant or any individual whose compensati on 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 subc ontract for the services of other necessary consultants with the prior written approval of the City. Payment fo r such services shall be the responsibility of the Consultant. Any and all s ubconsultants 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 applicab le 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, A.24.c
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
4 ethnicity, status as a disabled ve teran or veteran of t he Vietnam era. Subj ect to the foregoing and during the performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrim ination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminat e 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, wit hout 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, upgr ading, 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 adverti sements for employees placed by or on behalf of Consultant in pursuit her eof, state that all qualif ied applicants will receive consideration for employment wit hout regard to race, religious creed, color, national origin, A.24.c
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
5 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 a ll or any portion of the services to be performed under this Agreement, Consultant shall cause each subconsultant to also comply with the requirements of this Section 13.
14. To the furthest extent allowed by la w (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 subconsultant 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.
CalPERS Indemnity. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing se rvices under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the Cit y, to the fullest extent of the law, CONSULTANT shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including A.24.c
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
6 without limitation, payment that City is required as a result to make to CalPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.
CalPERS Participation. As set forth in this Agreement and in the Request for Qualifications, City has an obligation to treat a ll persons working for or under the direction of CONSULTANT as an independent Consult ant of City and agents and employees of CONSULTANT, and not as agents or employees of City. CONSULTANT and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find that persons pr oviding services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City.
CalPERS Retiree Disclosure . CONSULTANT hereby expressl y 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, and whom are, subject to City approval, assigned by CONSULTANT to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.
Joint Cooperation . In the event that Ca lPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, CONSULTANT shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either CONSULTANT or City files an appeal or court challenge, CONSULTANT and City each agree to cooperate with each other in responding to the inquiry and any subsequent admin istrative appeal or court challenge of an adverse determination.
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
7 This section shall survive termination or expiration of this Agreement.
15. Insurance.
(a) Throughout the life of this Agreemen t, 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 th e Agreement or any extension, Consultant or any of its subconsultant fail to maintain any required insurance in full force and effect, all services and work under this Agreement sha ll be discontinued immediat ely, and all payments due or that become due to Consultant shall be wit hheld until notice is received by City that the required insurance has been restor ed 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 Consult ant 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 comm enced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtai ned by Consultant sh all not be deemed to release or diminish the liability of Consultant, including, without limitatio n, 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, cons ultants, sub-consultant s, subconsultants or A.24.c
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
8 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 cert ified 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 shal l require each subconsultant 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 of any services by the subconsultant.
16. The waiver by either par ty of a breach by the other of any provision of this Agreement shall not constitute a continuing wa iver 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 si gned by all parties to this Ag reement. 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 t he Public Works Directo r/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 re tain, for its files, copies of any and all material, including drawings, doc uments, and specificati ons, produced by the Consultant in performance of this Agreement.
(b) The Consultant shall be entitled to copies of all furnished materials for his A.24.c
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
9 files and his subconsultants, if any.
(c) The City agrees to hold the Consult ant 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 wit hout 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 par ty against Consultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non- appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Proj ect; 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 Cons ultant 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 o f, 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 A.24.c
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
10 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 privil ege 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 Agr eement; 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 def ault, such termination shall be deemed a termination for convenience.
(d) Consultant shall be liable for defaul t 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, unus ually severe weather, and delays of common carriers. Consultant shall noti fy 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 Cit y and the Consultant and their successors and assigns. Except as otherwi se provided herein, neither t he City nor the Consultant shall assign, sublet, or transfer its interest in this Agreement or any part t hereof without the prior written consent of the other.
21. A City representative shall be desi gnated by the City and a Consultant representative shall be designated by the C onsultant. The City r epresentative and the Consultant representative shall be the prim ary contact person for each party regarding performance of this Agreement. The City representative shall cooperate with the Consultant, A.24.c
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
11 and the Consultant's representativ e 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 repres ents the entire and integrated Agreement between the City and the Consultant, and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agr eement may be modified or amended onl y by a subsequent written Agreement signed by both parties.
23. Where the payment terms provide for co mpensation 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 C onsultant's office during normal business hours upon reasonable notice. Nothing herein shall convert such reco rds into public records. Except as may be 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 sh all 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 subconsultants 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 Sect ion 87100 et. seq.) and the regulat ions of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of A.24.c
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
12 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 subconsultant that, after a due diligent inquiry, Consultant and the respective subconsultant(s) are in full compliance with all laws and regulations. Consultant shall take, and require its subconsultants 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 Cit y council, commission, board, commi ttee, 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 t hat it has not paid or agreed to pay 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 C onsultant’s subconsultants 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 an d in writing. Consultant and any of its subconsultants 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 prov ision, Consultant shall remain responsible for complying with Section 25(a), above.
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
13 (e) If Consultant should subcontract a ll or any portion of the work to be performed or services to be provided under th is Agreement, Consultant shall include the provisions of this Section 25 in each subcontract and require its subconsultants to comply therewith.
(f) This Section 25 shall survive expira tion 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 St ate 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 C ourt of the State of Ca lifornia, 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 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 A.24.c
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
14 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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IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley TKE Engineering, Inc.
B Y : B Y :
Mike Lee, City Manager
N a m e :
D a t e T I T L E :
(President or Vice President)
D a t e
B Y :
N a m e :
TITLE:
(Corporate Secretary)
D a t e
Enclosures: Exhibit “A” – City Scope of Services
Exhibit “B” – Consultant Proposal
Exhibit “C” – City Services
Exhibit “D” – Terms of Payment
Exhibit “E” – Insurance Requirements
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Public Works Director/City Engineer
Date
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EXHIBIT “A”
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB RFP for Professional Consultant Construction Management and Inspection Services Project No. 801 0086 September 2022
Capital Projects Division Page 1 of 11
City of Moreno Valley
Request for Proposals
Professional Consultant Construction Management and
Inspection Services
Project No. 801 0086
ATPSB1L-5441(076)
Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
Proposal Due Date:
October 14, 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 Construction Management and Inspection Services for Project No. 801 0086, 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
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 electronic file for the cost proposal for the project.
The proposer is solely responsible for “on time” submission of their electronic proposal. The City will only consider proposals that have been transmitted successfully and have been issued an ebid confirmation number with a time stamp from the Bid Management System indicating that bid was submitted successfully. Transmission of proposals by any other means will not be accepted.
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the proposal management system, for ensuring the capability of their computer system to upload the required documents, and for the sta bility 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 th e proposal submission deadline.
II. Schedule of Important Dates
The following dates are critical in order to have the required services start in December, 2022.
DATE EVENT
1 October 14, 2022 Proposal due date
2 October 19, 2022 Proposals Review and Consultant Selection Complete 3 November 1, 2022 Service Contract Award by City Council 4 December 5, 2022 Start of Service
III. Scope of Services
The City of Moreno Valley seeks the submission of proposals to provide Construction Management and Inspection Services for the ATPSB1L-5441(076) Juan Bautista De Anza Multi- Use Improvement Trail – Phase 4 for the Capital Projects Division from interested and qualified A.24.c
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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.
The City of Moreno Valley proposes to improve the existing concrete walkway on the Juan Bautista De Anza Multi Use Trail from Moreno Valley Mall to Iris Avenue by constructing a multiuse concrete trail for bicyclists and pedestrians. The proposed trail will consist of a ten (10) to fourteen (14)-foot- wide Portland cement concrete (PCC) bike path adjacent to a four (4) -foot wide decompo sed granite path along the Santa Ana Pipeline (SAPL).
The proposed work includes, but is not limited to, the construction of AC or PCC multi -use trail; grading; excavation of earth and rock; excavation of PCC and AC; placement and compaction of fill materials and native soil; alley driveway, curb; curb and gutter; sidewalk; curb ramps; asphalt concrete paving over base; PCC pavement over base; PCC underdrain; retaining wall; handrail; drainage; pavement markings and traffic striping and markings; signage; bollards; traffic control; and landscape restoration. The project also includes high visibility crosswalks, traffic signal modification at the major street crossing, signage, and striping along the trail alignment.
The project includes base bid work items with a total of One Hundred Twenty (120) Working Days for the Base Bid only, and up to One Hundred Fifty (150) Working Days for Base Bid plus Additive Alternate Bids (1 and 2)150 working days for the Contractor to complete the construction of Project No. 801 0086.
Please refer to project’s Contract Documents and Construction Plans for more information.
The Consultant is to provide one (1) inspector 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.
The Consultant is to provide one (1) construction manager and one inspector 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 professionals shall each have minimum of three (3) years’ experience in managing similar public works project construction. Resume’ for the proposed professionals are 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/app rovals 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.
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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 inspectio n 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 contr actor. 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 prior to construction costs exceeding 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. 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 Cons truction 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.
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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 t asks 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.
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.
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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.
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 Prop osal 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 re levant 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.
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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), arisi ng 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.
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.
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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 ser vices 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 Consu ltant 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 f or 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, 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 subc onsultant(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.
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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 act s 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 aris ing 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
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, o n 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.
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Capital Projects Division Page 10 of 11
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 Consu ltant 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.
B. Experience of Key Personnel (60 points) – Background experience of key personnel, credentials and certifications, abilities, familiarity with state and federal procedures and applicable standards and specifications , local experience on comparable projects and length of service with the firm, reference information preferably with municipal agencies, and proven track record and depth of understanding/knowledge of the required services.
C. Understanding of Requested Service/Plans to Deliver Services (20 points) – Understanding of the requested services and tasks , discussion of major issues identified on the project and how the Consultant team plans to address them; the methods and procedures to be used for providing the services ; the management approach and organization necessary to complete the services; and outline quality control measures to ensure delivery of a quality product on time, within budget that provides a cost efficient, timely and predictable execution of work.
XV. ATTACHMENTS
A. Non-Collusion Affidavit
B. Sample Agreement for Professional Consultant Services C. Community Workforce Agreement
D. Project No. 801 0086 Construction Documents
E. Project No. 801 0086 Contract Documents
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EXHIBIT “B”
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB REQUEST for PROPOSAL
CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICE S FOR ATPSB1 L-5441 (076) JUAN BAUTISTA DE
ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
www. T KE eng
for:
CITY OF MORENO VALLEY
Attn: Capital Projects Division
14177 Frederick Street
Moreno Valley, CA 92553
24, 2022
Prepared by:
ENGINEERING I NC.
2305 Chicago Avenue
Riverside, California 92507
(951)680 -0 440
neer ing.com
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October 14, 2022
Public Works Project Manager
CITY OF MORENO VALLEY
Capital Projects Division
14177 Frederick St.
Moreno Valley, CA 92552
Subject: Construction Management and Inspection Services for ATPSB1L -5441(076) Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
Dear Public Works Project Manager:
Thank you for the opportunity to present this mate rial outlining TKE Engineering , Inc. (TKE’s) qualifications. Enclosed herein are our qualifications to provide Construction Managem ent, and Inspection Services. TKE is a full service, multi-disciplinary 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 grant funded trail construction, ADA ramp and pathway compliance, 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, FY 2020/2021 and FY 202 1/2022, 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 government grant funded project experience through our intimate understanding of the common pitfalls for each project variation an d 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 servi ces 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.24.c
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Construction Management and Inspection Services for ATPSB1L-5441(076) Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
October 14, 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 Tyler Ault as the Senior Construction Inspector.
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 cre ation 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
Contact: Capital Projects Division
Phone: (951) 413-3130
Email: [email protected]
Prepared by:
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Terry Renner, P.E., Q.S.D., Senior Vice President Phone: (951) 680-0440
Email: [email protected]
TABLE OF CONTENTS
APPENDICES
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 1 | PROJECT UNDERSTANDING AND APPROACH
SECTION 1 | PROJECT APPROACH
AND UNDERSTANDING
A. PR O JECT APPRO AC H
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 experie nce 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 yea rs 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 ab le 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.
B. P R O J E C T
U N D E R S T A N D I N G
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 the grant funded Juan Bautista De
Anza Multi-Use Improvement Trail – Phase 4. The
trail alignment is located between Eucalyptus
Avenue near the Towngate Memorial Park and
Alessandro Boulevard and between Cactus Avenue
near Heacock Street and Iris Avenue.
The project includes construction of approximately
3.5 miles of decomposed granite and PCC
pavement trail which will largely follow the existing
120” Department of Water Resources pipeline
alignment and will include removal and
replacement of numerous curb ramps to compl y
with ADA requirements , trail signing and striping,
monument installation, traffic signal installation,
landscaping and irrigation . TKE’s construction
management and inspection personnel are highly
experienced with construction of trail and ADA curb
ramps improvements to the requirements of CBC
Chapter 11B , traffic signal modifications and
installation, landscaping, irrigation and signing and
striping improvements . 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. We are also currently working
with DWR on another project and are familiar with
the requirements of working in DWR rights-of-way.
The project includes Sta te ATP funding source
which will be used to construct the proposed trail
improvements to improve pedestrian safety and
alternative transportation options to encourage
non-motorized transportation through improved
accessibility.
TKE has a long history of delivering ATP and other
grant funded improvement projects for numerous
surrounding communities in which we live and work
on a daily basis. From our first project in 2000 to
our latest project of this type, Warm Springs, Cole
and Cypress Elementary Sa fe Routes to School
Project for the City of Highland, TKE has always
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 1 | PROJECT UNDERSTANDING AND APPROACH
understood the importance of these projects to the
local community. Because of the current
budgetary constraints combined with the project
being grant funded, we understand the importance
of maximizing the amount of improvements that
can be built with available funding. TKE has an
excellent record of bringing construction projects in
on budget.
TKE’s team is not only highly experienced with
construction management but also with design and
can anticipate potential issues before they occur
allowing us to consistently minimize or avoid costly
change orders all together. Despite numerous
unknown challenges and required design
modifications, TKE’s construction management
team has developed creative engineering
techniques and utilized our strong dispute
resolution tactics that have allowed our projects to
remain consistently on budget. Our team has
demonstrated the ability to build project coalitions
time and time again.
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 streets , 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 ac cordingly
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 Sta te grant sources. Since all
funding will be local funds there are no special
requirements or restrictions necessary for funding
reimbursement.
C. C RI T IC AL I SSUES
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:
Q U A L I T Y A S S U R A NCE /Q U A L I T Y
C O N T R O L
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 inspe ction 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 U B L I C R E L A T I O N S
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 t heir opinion to be heard. TKE’s team
routinely interacts with the public to help manage
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 1 | PROJECT UNDERSTANDING AND APPROACH
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 build s 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 R A F F I C C O N T R O L A N D
A C C E S S I B I L I T Y
Traffic control and site accessibility are key items
to address on a daily basis to ensure smooth and
successful project co mpletion. 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 excav ation,
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
area and to provide required accessibility
throughout the project construction. In addition to
accessibility, it is important to have the Contractor
place pr oject 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, impl ementing and
completing traffic control and accessibility plans
which keep all parties’ interests protected.
S T R I C T C O N S T R U C T I O N
C O M P L I A N C E
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 c onstruction 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 pl ans 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 O M P L I A N C E
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 inspectors 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 ar e 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 signi ficant 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 c omplete ramp construction
that will fully comply with ADA requirements within
the existing right-of-way footprints.
D I S P U T E R E S O L U T I O N
TKE’s construction manager has pr ovided 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 stan dard plans and
specifications. His effective communications skills
ensure that all stakeholders are constantly advised
of project progress and requirements. His
proactive organizational program effectively
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 1 | PROJECT UNDERSTANDING AND APPROACH
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 stakeh olders, 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 Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 2 | SCOPE OF SERVICES
SECTIO N 2 | SCOPE OF SERVICES
A. D ET AIL ED WO RKPL AN
TKE’s scope of services is presented in the following
paragraphs:
G E N E R A L S E R V I C E S
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 O N S T R U C T I O N M A N A G E M E N T
S E R V I C E S
Construction management services will include the
following tasks and subtasks:
T A S K N O . 1 – P R E C O N S T R U C T I O N
S E R V I C E S
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 r elocations 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.
T A S K N O . 2 – C O N S T R U C T I O N
M A N A G E M E N T S E R V I C E S D U R I N G
C O N S T R U C T I O N
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 Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
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 certifi cations 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 prog ress 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 wil l 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 Mee tings-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
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 2 | SCOPE OF SERVICES
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, da te
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 immed iate 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 requi res
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 w ill 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 rec eived 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 processi ng 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, mater ials 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 ach ieve 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 i n
accordance with the required schedule set forth in
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 2 | SCOPE OF SERVICES
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
TASK NO. 2E – PAY REQUESTS
Each month, TKE will review the construction
payment requests submitted by the contractors for
work completed and the con struction
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 an y 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 mont hly 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 Co unty, 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
T A S K N O . 3 – P O S T C O N S T R U C T I O N
M A N A G E M E N T S E R V I C E S
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 p repare 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
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 2 | SCOPE OF SERVICES
T A S K N O . 4 - I N S P E C T I O N S E R V I C E S 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
projects. Our construction inspection personnel
are experienced and knowledgea ble 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 p resent, 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
T A S K N O . 5 - C O M M U N I T Y O U T R E A C H
/ P U B L I C R E L A T I O N S
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 met hods result in
building greater consensus and public buy -
in. 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 Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 3 | STAFF QUALIFICATIONS
SECTION 3 | STAFF
QUALIFICATIONS
A. PR O JECT 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 2 2 years of construction
experience on civil engineering infrastructure
projects, including pavement rehabilitation,
transportation improvements, drainage
improvements, sewer and water improvements,
facilities improvements and recreatio n
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 resp onses,
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 worki ng 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].
Tyler Ault
Senior Public Works Inspector
Confined Space Training, 2018
NUCA Excavation Safety & Competent Person
Certified, 2017
Mr. Ault is a Senior Public Works Inspector with 4
years of experience in public works street, parking
lot, pipeline and development construction. With
firsthand experience in the construction industry,
he brings an invaluable perspective to the projects
as an inspec tor. He is adept in confirming
compliance with plans, specifications, and safety
standards by conducting detailed, on -site surveys
and communicating necessary adjustments with
the project managers. With thorough attention to
each project, he is able to ide ntify potential
problems and implement corrections before
causing delays. His experience includes inspection
of streets, pavement replacement, pedestrian
improvements, parking lots, signing and striping,
as well as sewer main and potable water
installation projects installation of sewer, potable
water, non-potable water, storm drain, and storm
water retention basins; performance of hydrostatic
testing, air pressure testing, and mandrel testing;
and implementing safety measures to follow OSHA
codes and regulations.
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 Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 3 | STAFF QUALIFICATIONS
Construction Manager/Resident
Engineer
Terry Renner, P.E., Q.S.D.
TKE Engineering Inc.
Senior Public Works Inspector
Tyler Ault
TKE Engineering Inc.
O R G A N I Z A T I O N A L C H A R T
SUPPOR T T EAM
( 4 0 + M e m b e r s )
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 Monae Pugh | Traffic Engineering Specialist Brian Wolfe, P.E. | Senior Engineer Ron Musser, P.L.S.| Director of Survey Steve Nix, P.E., P.L.S. | Senior Engineer Brett Enscoe | Survey Party Chief Marvin Lara, EIT | Assistant Construction Manager Mycal Balta | Survey Shelby Kelley, EIT | Associate Engineer Steve Dukett | Managing Director Development
Services Travis Bradshaw | Associate Engineer
Kathleen Robles | Development Project Manager Jose Martinez | Associate Engineer Jeff Lantosh | Senior Public Works Inspector Alex Estepa | Associate Engineer Patrick Palafox | Senior Public Works Inspector Jose Hernandez | Associate Engineer Brad Enscoe | Senior Public Works Inspector Metehan Gumustekin | Associate Engineer Michael Counce | Senior Public Works Inspector Chance Renner | Assistant Engineer Stephen Biscotti | Senior Public Works Inspector Brian Chu | Engineering Technician Brian McDuffie | Senior Public Works Inspector Jayden Renner | Engineering Technician Nelson Blackwell | Senior Public Works Inspector Nyesha Burnatte | Engineering Technician Aly Janiskee | Marketing Manager Emmanuel Perez | Assistant Engineer Cynthia Sotelo | Proposal Coordinator Daniel Melero | Engineering Technician Michelle Sells | Accounting/Office Manager Tracey McLoughlin | Clerical Deana Vilches | Clerical Jeannette Barlow | Clerical
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 3 | 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 2 2 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.
Throughout 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 Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 3 | 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 fo r 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, right- of-entry acquisition, public o utreach and coordination, utility relocation and roundabout construction at the intersection of County Line Road and 2 nd Street. Mr. Renner is responsible for grant management with the Caltrans Local Assistance, project management, bidding services, permi tting, 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 con struction 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 cont rollers (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 Mana gement (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 Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 3 | STAFF QUALIFICATIONS
TYLER AULT
Senior Public Works
Inspector
EDUCATION
High School Diploma, Centennial High
School, 2012
CERTIFICATION
Confined Space Training, 2018
NUCA Excavation Safety & Competent
Person Certified, 2017
Mr. Ault is a Senior Public Works Inspector with 4 years of experience in public works street, parking lot, pipeline and development construction.
With firsthand experience in the construction industry , he brings an invaluable perspective to the projects as an inspector. He is adept in confirming compliance with plans, specifications, and safety standards by conducting detailed, on -site surveys and communicating necessary adjustments with the project managers. With thorough attention to each project, he is able to identify potential problems and implement corrections before causing delays. His experience includes inspection of streets, pavement replacement, pedestrian improvements, parking lots, signing and striping, as well as sewer main and potable water installation projects installation of sewer, potable water, non -potable water, storm drain, and storm water retention basins; perfor mance of hydrostatic testing, air pressure testing, and mandrel testing; and implementing safety measures to follow OSHA codes and regulations.
DETAILED PROJECT EXPERIENCE
• Rialto CDBG Street Improvements, City of Rialto, CA - Mr. Ault serves as the senior public works inspector for construction of various street, curb and gutter, sidewalk, driveway and ramp construction along Orange Avenue, Palm Avenue and Willow Avenue between 1st Street and the Railroad tracks. The project includes removal and replacement of damaged PCC improvements as construction of ADA compliant access ramps within the downtown area and in front of the City Hall Campus and the Metrolink Depot Train Station.
• White Avenue Park, Water, Storm Drain and Flood Control Basin, City of Adelanto, CA - Mr. Ault served as the senior public works inspector for the Water and Storm Drain Improvement project on White Ave in the City of Adelanto. Mr. Ault is responsible for overseeing the constructi on and installation of a new storm drain system, catch basins and lateral piping along with a retention basin and park site to relieve street flooding. In addition, the project is also constructing a new water main, fire hydrants, appurtenances and services. Mr. Ault performs daily inspection, prepares daily reports, photo logs, verifies quantities for progress payment approval and coordinates with materials testing consultant and PERC Water for materials and compaction testing and water testing and disin fection. The goal of this project is to replace the outdated Asbestos Concrete water main with a new PVC main with copper services and to relieve flooding through installation of a new storm drain system.
• On-Call Inspection Services, City of Calimesa, CA – Mr. Ault is providing on-call inspection services to the City of Calimesa on various 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.
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 4 | SIMILAR PROJECTS
SECTION 4 | SIMILAR PROJECTS
A. EX PER I EN C E
CITYWIDE PAVEMENT REHABILITATION
PROGRAM (ARTERIALS) FY 2020/21
City of Mo ren o Va lley , CA
Client Contact: Mr. Eddie Godinez
Phone Number: (951) 218-8646
Email: [email protected]
Project Cost: $3.3M
Completion Date: February 2022
DES CRIPTION RELE VAN CE TO M OREN O
VALLE Y
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, rubber ized 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
• ADA Ramp Construction
• Various Pavement
Rehabilitation Strategies
• Arterial Roadway
Construction and Traffic
Control
• Permitting a nd 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 .
KE Y STAFF
Terry Renner, P.E., Q.S.D.
Jeff Lantosh, CPII
Nelson Blackwell
CITYWIDE PAVEMENT REHABILITATION
PROGRAM FY 2019/20
City of Mo ren o Va lley , CA
Client Contact: Mr. Eddie Godinez
Phone Number: (951) 218-8646
Email: [email protected]
Project Cost: $4.3M
Completion Date: November 2020
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 4 | SIMILAR PROJECTS
DES CRIPTION RELE VAN CE TO M OREN O
VALLE Y
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
• ADA Ramp Construction
• Various Pavement
Rehabilitation Strategies
• Arterial Roadway
Construction and Traffic
Control
• Permitting a nd 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.
KE Y STAFF
Terry Renner, P.E.
Brad Enscoe
Stephen Biscotti
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
DE SCR IPTION
RELE VAN CE TO MO RENO
VALLE Y
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 dri veway 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 u tilities; 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
rehabilitation strategies SER VICES
Services included value engineering, striping and signal redesign, utility relocation and coordination, construction management, inspection, construction staking and coordination with property owners.
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 4 | SIMILAR PROJECTS
COUNTY LINE ROAD TRANSPORTATION
CORRIDOR (LPP SB1)
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
DE SCR IPTION
RELE VAN CE TO MO RENO
VALLE Y
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
SER VICES
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
KE Y 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
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 5 | STAFF AVAILABILITY
A. AVAI L AB I LI TY T O PERFOR M WO R K
TKE’s Inspector is currently working on a project 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 construc tion 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 E S O U R C ES
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 th is 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.
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 implementat ion plan and other efforts as needed to bring the project back on schedule at no charge to the City.
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 Moreno Valley Citywide Paving Project City of Moreno Valley 20% TKE Engineering, Inc. Proposed Project Availability: 40%
TYLER AULT
Senior Public Works Inspector
City of Hesperia Development
Inspections City of Hesperia 100%
Years with firm: 2
TKE Engineering, Inc. Proposed Project Availability: 100% A.24.c
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 5 | STAFF AVAILABILITY
W O R K L O A D
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 conf erencing 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 I R M S T A B I L I T Y
TKE’s organizational structure has steadily grown since our inception 22 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
R E S O U R C E A L L O C A T I O N
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
SECTION 6 | REFERENCES
R E F E R E N C E S
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 th e listed references.
AGENCY CONTA CT 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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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
APPENDIX A
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
APPENDIX B
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.
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Construction Management and Inspection Services for Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
City of Moreno Valley
APPENDIX B
15. TKE shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC 276 -a through a-7), and the i mplementation 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 C alifornia 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 Profe ssions 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 tender’s final payment to the Consultant, without further acknowledgment by the parties.
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EXHIBIT “C”
CITY - SERVICES TO BE PROVIDED
TO CONSULTANT
1. Furnish the Consultant all in-house dat a 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, copies of record and off-record maps and other record and off-record property data, right-of-wa y maps and other right-of-way data, pending or proposed subject pr operty 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 wit h the Consultant w hen requested and when reasonably needed.
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EXHIBIT “D”
TERMS OF PAYMENT
1. The Consultant's compensat ion shall not exceed $325,645.00.
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 pr ior 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 Mo reno Valley business license are located at: http://www.moval.org/biz-lic.
3. The Consultant will el ectronically submit an invo ice to the City along with documentation evidencing services completed to date as specified in the Request for Proposal. Progress payments will be made in accordance with the payment schedule outlined in the Request for Pr oposal, but in no case will progress payments be made to the Cons ultant more frequently t han once per month. 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 progr ess payment shall be final. The consultant will submit all orig inal invoices to Accounts Payable staff at [email protected]. Accounts Payable questions can be directed to (951) 413-3130.
4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be A.24.c
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completed prior to any payments by the City. Any invoice not paid because the 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 Num ber (e.g. Project, Activity) E. Detailed work hours by class title (e .g. Manager, Technician, or Specialist), services performed and rates, explic it portion of a contract amount, or detailed billing information that is suffi cient to justify t he invoice amount; single, lump amounts without detail are not acceptable.
6. The City shall pay the Cons ultant for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
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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 4 660$ 8 1,080$ 24 2,040$ 80 9,600$ -$ 13,380$ 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 16 2,640$ 4 540$ 24 2,040$ 1200 144,000$ -$ 149,220$ Task No. 5 - Community Outreach / Public Relations 4 660$ 8 1,080$ 8 680$ 24 2,880$ -$ 5,300$ Subtotal: 272 44,880$ 572 77,220$ 188 15,980$ 1,484 178,080$ -$ 316,160$ Reimbursables (@3%)1.): 9,485$
Rates: Notes: Construction Management Total: 325,645$
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 Juan Bautista De Anza Multi-Use Improvement Trail - Phase 4 Consulting Engineering Fee
Project No. 801 0086
Construction Manager Office Engineer Clerical Inspector A.24.c
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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 “pers onal and advertising injury” with coverage for premises and operations, products and co mpleted operations, and contractual liability.
2. The most current version of Insur ance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall incl ude coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as r equired by the California Labor Code and Employer’s Liability Insurance.
4. Professional Liability (E rrors and Omissions) insurance appropriate to Consultant’s profession.
Minimum Limits of Insurance
Consultant shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer’s Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
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4. Professional Liabilit y (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 polic y(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 self- insured 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 reduc e or eliminate such deductibles or self-insured retentions as respects The City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley 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, guaranteei ng 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. The City of Moreno Valley, the City of Mo reno Valley Community Services District, the Moreno Valley Housing Authority, and each of t heir officers, officials, employees, agents and volunteers are to be covered as additional insureds.
2. The coverage shall contain no specia l limitations on the scope of protection afforded to the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.
3. Consultant’s insurance coverage sha ll be primary and no cont ribution shall be required of City.
The Workers’ Compensation insurance policy is to contain, or be endor sed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.
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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 mainta ined and evidence of insurance must be provided for at least 3 years after any expi ration 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 dat e 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 requirem ents must be submitted to City for review.
5. These requirements shall survive expi ration 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 cover age 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 certif icate, and applicable endor sements, 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 s hall 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
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Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
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Attachment: Agreement with TKE Engineering [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 1 AGREEMENT FOR PROFESSIONAL CONSULTANT
GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR
JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL – PHASE 4 ATPSB1L-5441(076)
PROJECT NO. 801 0086
This Agreement is made and entered into this _____ day of _____________ 202__ (“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 RMA Group, California corporation, hereinafter referred to as “Consultant.”
RECITALS
WHEREAS, the City has determined it is in the public interest to proceed with the professional work hereinafter described as "Project"; and WHEREAS, the City has determined the Project involves 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 does not have available employees to perform the services for the Project; and
WHEREAS, the City has request ed the Consultant to perform such services for the Project; and
WHEREAS, the Consultant is professionally qualified in California to perform the professional and technical services required for the Project, and hereby represents that it desires to and is professionally and le gally 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:
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
2 DESCRIPTION OF SERVICES
1. The services are to perf orm geotechnical and material testing for the construction of the Project for compliance with construction drawings, specifications, applicable quality control standards, and applicable codes and regulations.
SCOPE OF SERVICES
2. The Consultant's scope of service is described on Exhibit "B" attached hereto and incorporated herein by this reference. In the event of a conflict, the City's Request for Proposal 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 t he Consultant and the Consultant agrees to receive a "Not- to-Exceed" fee of $93,800.00 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 servic es 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 e ffective 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 Consul tant 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.
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
3 8. (a) The Consultant agrees that the personnel, includ ing the principal Project Manager, and all subconsultants assi gned to the Project by the Co nsultant, 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 consultant and not hing contained herein shall be construed as making the Consultant or any individual whose compensati on 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 subc ontract for the services of other necessary consultants with the prior written approval of the City. Payment fo r such services shall be the responsibility of the Consultant. Any and all s ubconsultants 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 applicab le 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, A.24.d
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
4 ethnicity, status as a disabled ve teran or veteran of t he Vietnam era. Subj ect to the foregoing and during the performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrim ination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminat e 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, wit hout 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, upgr ading, 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 adverti sements for employees placed by or on behalf of Consultant in pursuit her eof, state that all qualif ied applicants will receive consideration for employment wit hout regard to race, religious creed, color, national origin, A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
5 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 a ll or any portion of the services to be performed under this Agreement, Consultant shall cause each subconsultant to also comply with the requirements of this Section 13.
14. To the furthest extent allowed by la w (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 subconsultant 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.
CalPERS Indemnity. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing se rvices under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the Cit y, to the fullest extent of the law, CONSULTANT shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including A.24.d
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
6 without limitation, payment that City is required as a result to make to CalPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.
CalPERS Participation. As set forth in this Agreement and in the Request for Qualifications, City has an obligation to treat a ll persons working for or under the direction of CONSULTANT as an independent Consult ant of City and agents and employees of CONSULTANT, and not as agents or employees of City. CONSULTANT and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find that persons pr oviding services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City.
CalPERS Retiree Disclosure . CONSULTANT hereby expressl y 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, and whom are, subject to City approval, assigned by CONSULTANT to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.
Joint Cooperation . In the event that Ca lPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, CONSULTANT shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either CONSULTANT or City files an appeal or court challenge, CONSULTANT and City each agree to cooperate with each other in responding to the inquiry and any subsequent admin istrative appeal or court challenge of an adverse determination.
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
7 This section shall survive termination or expiration of this Agreement.
15. Insurance.
(a) Throughout the life of this Agreemen t, 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 th e Agreement or any extension, Consultant or any of its subconsultant fail to maintain any required insurance in full force and effect, all services and work under this Agreement sha ll be discontinued immediat ely, and all payments due or that become due to Consultant shall be wit hheld until notice is received by City that the required insurance has been restor ed 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 Consult ant 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 comm enced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtai ned by Consultant sh all not be deemed to release or diminish the liability of Consultant, including, without limitatio n, 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, cons ultants, sub-consultant s, subconsultants or A.24.d
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
8 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 cert ified 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 shal l require each subconsultant 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 of any services by the subconsultant.
16. The waiver by either par ty of a breach by the other of any provision of this Agreement shall not constitute a continuing wa iver 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 si gned by all parties to this Ag reement. 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 t he Public Works Directo r/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 re tain, for its files, copies of any and all material, including drawings, doc uments, and specificati ons, produced by the Consultant in performance of this Agreement.
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
9 files and his subconsultants, if any.
(c) The City agrees to hold the Consult ant 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 wit hout 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 par ty against Consultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non- appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Proj ect; 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 Cons ultant 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 o f, 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 A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
10 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 privil ege 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 Agr eement; and/or (iii) recover all di rect, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for def ault, such termination shall be deemed a termination for convenience.
(d) Consultant shall be liable for defaul t 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, unus ually severe weather, and delays of common carriers. Consultant shall noti fy 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 Cit y and the Consultant and their successors and assigns. Except as otherwi se provided herein, neither t he City nor the Consultant shall assign, sublet, or transfer its interest in this Agreement or any part t hereof without the prior written consent of the other.
21. A City representative shall be desi gnated by the City and a Consultant representative shall be designated by the C onsultant. The City representative and the Consultant representative shall be the prim ary contact person for each party regarding performance of this Agreement. The City representative shall cooperate with the Consultant, A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
11 and the Consultant's representativ e 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 repres ents the entire and integrated Agreement between the City and the Consultant, and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agr eement may be modified or amended onl y by a subsequent written Agreement signed by both parties.
23. Where the payment terms provide for com pensation 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 C onsultant's office during normal business hours upon reasonable notice. Nothing herein shall convert such reco rds into public records. Except as may be 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 sh all 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 subconsultants 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 Sect ion 87100 et. seq.) and the regulat ions of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of A.24.d
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
12 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 subconsultant that, after a due diligent inquiry, Consultant and the respective subconsultant(s) are in full compliance with all laws and regulations. Consultant shall take, and require its subconsultants 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 servic es 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 Cit y council, commission, board, commi ttee, 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 t hat it has not paid or agreed to pay 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 C onsultant’s subconsultants 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 an d in writing. Consultant and any of its subconsultants 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 prov ision, Consultant shall remain responsible for complying with Section 25(a), above.
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
13 (e) If Consultant should subcontract a ll or any portion of the work to be performed or services to be provided under th is Agreement, Consult ant shall include the provisions of this Section 25 in each subcontract and require its subconsultants to comply therewith.
(f) This Section 25 shall survive expira tion 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 St ate 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 C ourt of the State of Ca lifornia, 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 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 A.24.d
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AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
14 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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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley RMA Group
B Y : B Y :
Mike Lee, City Manager
N a m e :
D a t e T I T L E :
(President or Vice President)
D a t e
B Y :
N a m e :
TITLE:
(Corporate Secretary)
D a t e
Enclosures: Exhibit “A” – City Scope of Services
Exhibit “B” – Consultant Proposal
Exhibit “C” – City Services
Exhibit “D” – Terms of Payment
Exhibit “E” – Insurance Requirements
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Public Works Director/City Engineer
Date
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EXHIBIT “A”
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB RFP for Professional Services for Geotechnical and Material Testing Services Project Nos. 801 0086 September 2022
Capital Projects Division Page 1 of 11
City of Moreno Valley
Request for Proposals
Professional Geotechnical and Material Testing Services
Project No. 801 0086
ATPSB1L-5441(076)
Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4
Proposal Due Date:
October 14, 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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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 0086, 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
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 electronic file for cost proposals for the project.
The proposer is solely responsible for “on time” submission of their electronic proposal. The City will only consider proposals that have been transmitted successfully and have been issued an ebid confirmation number with a time stamp from the Bid Management System indicating that bid was submitted successfully. Trans mission 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 December, 2022.
DATE EVENT
1 October 14, 2022 Proposal due date
2 October 19, 2022 Proposals Review and Consultant Selection Complete 3 November 1, 2022 Service Contract Award by City Council 4 December 5, 2022 Start of Service
III. Scope of Services
The City of Moreno Valley seeks the submission of proposals to provide Geotechnical and Material Testing Services for the ATPSB1L-5441(076) Juan Bautista De Anza Multi-Use Improvement Trail – Phase 4 for the Capital Projects Division from interested and qualified proposers. The A.24.d
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geotechnical and material testing services shall effectively and efficiently ensure that all work complies with the approved construction documents and applicable codes and regulations.
The City of Moreno Valley proposes to improve the existing concrete walkway on the Juan Bautista De Anza Multi Use Trail from Moreno Valley Mall to Iris Avenue by constructing a multiuse concrete trail for bicyclists and pedestrians. The proposed trail will consist of a ten (10) to fourteen (14)-foot- wide Portland cement concrete (PCC) bike path adjacent to a four (4) -foot wide decomposed granite path along the Santa Ana Pipeline (SAPL).
The proposed work includes, but is not limited to, the construction of AC or PCC multi -use trail; grading; excavation of earth and rock; excavation of PCC and AC; placement and compaction of fill materials and native soil; alley driveway, curb; curb and gutter; sidewalk; curb ramps; asphalt concrete paving over base; PCC pavement over base; PCC underdrain; reta ining wall; handrail; drainage; pavement markings and traffic striping and markings; signage; bollards; traffic control; and landscape restoration. The project also includes high visibility crosswalks, traffic signal modification at the major street crossing, signage, and striping along the trail alignment.
The project includes base bid work items with a total of One Hundred Twenty (120) Working Days for the Base Bid only, and up to One Hundred Fifty (150) Working Days for Base Bid plus Additive Alternate Bids (1 and 2)150 working days for the Contractor to complete the construction of Project No. 801 0086.
Please refer to project’s Contract Documents and Construction Plans 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:
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 re - compaction 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.
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 A.24.d
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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.
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.
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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 nam es, 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.
10. A statement that the Consultant will document and provide the results of the work to the satisfaction of the City. Thi s 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 Pr oposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP.
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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. Al l 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 Sectio n 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), a rising 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.
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.
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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 settle ment 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 t his 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 wo rking 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 servi ces 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, 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 “Agre ement 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.
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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 ne gligent 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
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.
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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 Agree ment 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 Pr oposal; (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.
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 A.24.d
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procedures to be used for providing the services ; the management approach and organization necessary to complete the services; and outline quality control measures to ensure delivery of a quality product on time, within budget that provides a cost efficient, timely and predictable execution of work.
XV. ATTACHMENTS
A. Non-Collusion Affidavit
B. Sample Agreement
C. Community Workforce Agreement
D. Project No. 801 0086 Construction Plans
E. Project No. 801 0086 Contract Documents
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EXHIBIT “B”
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB
CITY OF MORENO VALLEY
PROFESSIONAL GEOTECHNICAL AND
MATERIAL TESTING SERVICES
TECHNICAL PROPOSAL
RMA Group
12130 Santa Margarita Court
Rancho Cucamonga, CA 91730
October 24, 2022
Proposal: 22-1621-P
JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL- PHASE 4 PROJECT NUMBER: 801 0086
ATPSB1L-5441(076)
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 2 COVER LETTER
PROJECT APPROACH AND UNDERSTANDING OF SERVICES
SCOPE OF SERVICES
PROJECT TEAM
SIMILAR PROJECTS
WEEKLY AVAILABILITY
REFERENCES
REQUIRED STATEMENTS AND FORMS
APPENDICES
RESUMES
LICENSES AND LABORATORY CERTIFICATIONS
TABLE OF CONTENTS
1 2
4 3
5 6
7 8
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 12130 SANTA MARGARITA COURT , RANCHO CUCAMONGA CA 91730 | T: 909.989.1751 | F: 909.989.4287 | www.rmacompanies.com October 24, 2022
RMA No. 22-1621-P
City of Moreno Valley
Capital Projects Division
14177 Frederick Street,
Moreno Valley, CA 92553
RE: RFP | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
Dear Reviewing Panel,
RMA Group is pleased to submit herein our proposal in response to your request for proposals to provide the City of Moreno Valley with Professional Geotechnical and Material Testing Services for the Juan Bautista De Anza Multi-Use Improvement Trail - Phase 4 project. RMA Group is uniquely qualified to meet the demands of this contract due to the accumulated geotechnical engineering services and municipal experience of the professional and technical staff that will be assigned, the comprehensive physical inspection resources owned by our firm, and the pro-active management culture that permeates our organization to delivery timely and cost effective services.
THE RMA GROUP DIFFERENCE
RMA Group is a California corporation that has provided a wide range of on-call services to numerous public agencies throughout California. Our clientele includes cities, counties, transportation authorities, county councils of government, and various state agencies including Caltrans and water districts. We understand the issues that are critical to our public agency clients and have developed proactive solutions and tools that enable us to respond quickly to requests for services and allow us to perform the services efficiently and accurately.
Established in 1962, RMA Group has earned a reputation as one of California’s leading providers of geotechnical engineering, materials testing and inspection, and construction management services. Originally founded in Ontario, California, RMA Group has grown to employ nearly 250 of the brightest engineers, geologists, construction inspectors, and field materials technicians in the state. With our continued and sustained growth, our full service office and laboratory is located in Rancho Cucamonga and will be available to service the City of Moreno Valley’s projects.
RMA Group has provided professional geotechnical and material testing services to city and county clients for decades.
We proudly consider the City of Moreno Valley, Riverside County Transportation Commission (RCTC), Caltrans, and the City of Torrance among our growing list of clientele to which we’ve provided these services. Over the years RMA Group has worked alongside highly respected construction companies who specialize in asphalt engineering such as All American Asphalt and the R.J. Noble Company. RMA Group has worked with All American Asphalt on recent contracts located in the County of San Bernardino, County of Riverside, County of Los Angeles, County of Ventura, and various local cities such as San Bernardino and Los Angeles. Through these contracts, we have successfully provided our services on multiple projects concurrently. We have in- depth knowledge of the area, project staff, and procedures meaning we can offer a smooth transition across our scope of services.
CONTACT PERSON
Johnny Rodriguez
Project Manager
P: 951.836.5299
E: [email protected]
OFFICE LOCATION
12130 Santa Margarita Court
Rancho Cucamonga, CA 91730
T: 909.989.1751
F: 909.989.4287
www.rmacompanies.com
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 12130 SANTA MARGARITA COURT , RANCHO CUCAMONGA CA 91730 | T: 909.989.1751 | F: 909.989.4287 | www.rmacompanies.com
PROJECT TEAM
RMA Group’s prior experience, project management style, and depth of credentialed and available staff will help streamline and execute the project in an expeditious and cost-effective manner. In order to provide the City with a turn- key process, we have put together the following team members, to provide you with seasoned inspection veterans. I will serve as Principal-In-Charge and provide oversight of each project ensuring key project milestones are met. As Vice President, I have nearly 30 years of experience working on similar city and county projects. I have extensive experience with projects of this caliber and will have the ability to assign the most closely-matched staff to your projects.
As your Project Manager and primary point-of-contact, we have committed Mr. Johnny Rodriguez. Johnny has in depth experience and knowledge of local conditions. He has extensive experience providing project management, engineering, and quality control services to multiple of our city, county, and agency clients and will be able to provide you with professional customer service for your requests. He can be reached at the number and address listed below or by mobile phone at 951.836.5299. His email address is [email protected]. Johnny will be supported by qualified team of field material technicians, engineers, project geologists and geotechnical engineers.
We have an outstanding team eager to assist you and are confident that our client references will prove our commitment to a superior quality of service. We are committed to providing you with a dedicated team that wants to continue doing business with you and will strive to bring you the most professional client services we can provide. We look forward to partnering with you to achieve success on your upcoming projects.
As RMA Group’s Vice President, I represent contractual authority of the firm and am duly authorized to bind RMA to all statements and representations made herein and represent the authenticity of the information presented. RMA Group are in receipt of the Addendum No. 1 dated October 13, 2022 and Addendum No. 1A dated October 14,2022.
Sincerely,
Slawek Dymerski, PE, GE
Vice President
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UNDERSTANDING OF SERVICES
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 7 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
APPROACH AND UNDERSTANDING OF SERVICES
PROJECT APPROACH AND UNDERSTANDING
The City of Moreno Valley proposes to improve the existing concrete walkway on the Juan Bautista De Anza Multi Use Trail from Moreno Valley Mall to Iris Avenue by constructing a multiuse concrete trail for bicyclists and pedestrians. The proposed trail will consist of a ten (10) to fourteen (14)-foot wide Portland cement concrete (PCC) bike path adjacent to a four (4)-foot wide decomposed granite path along the Santa Ana Pipeline (SAPL). The work includes, but is not limited to, the construction of AC or PCC multi-use trail; grading; excavation of earth and rock; excavation of PCC and AC; placement and compaction of fill materials and native soil; alley driveway, curb; curb and gutter; sidewalk; curb ramps; asphalt concrete paving over base; PCC pavement over base; PCC underdrain; retaining wall; handrail; drainage; pavement markings and traffic striping and markings; signage; bollards; traffic control; and landscape restoration. The project also includes high visibility crosswalks, traffic signal modification at the major street crossing, signage, and striping along the trail alignment
RMA Group's role on the project is to provide geotechnical and construction materials testing services in accordance with the plans and specifications, including Caltrans test methods and the City’s QAP . Our scope of work will include providing a 5-year qualified Public Works Technician to complete soils sampling and testing compaction, hot mix asphalt sampling and testing compaction, concrete sampling, and field and laboratory testing.
Potential geotechnical/construction materials testing issues that may be encountered include:
Weekend or Night Work: RMA is accustomed to providing our field technicians/ inspectors 24/7. Our laboratory adjusts schedule as needed to meet any and all test turn around. RMA Group does this so no project is held-up waiting for a test result. When feasible, we can also coordinate laboratory testing ahead of field testing for import soils or perform some laboratory testing onsite and provide contractor same day results.
Grading/Backfilling: The proposed improvements include construction of a median and replacement of sections of pavement sections. Such activities will require preparation and compaction of subgrade soils and aggregate base.
Improperly prepared subgrade soils and/or base that do not meet the project specification can cause premature failure of the new pavement sections. Our field inspectors/technicians have extensive experience identifying such conditions and will discuss with the contractor proper procedures to properly condition or replace subgrade soils that cannot meet compaction requirements due to elevated moisture contents, under optimum moisture contents or in-place loose soils.
Suitable Street Subgrade: The pavement structural sections are designed based on estimated existing sections. The final pavement section will require verification of subgrade soils by geotechnical consultant at completion of compaction.
Our field inspectors/technicians will be proactive in coordinating with the CM and Contractor to identify the source of materials to be placed in the street subgrade so minimal design changes and delays are incurred during construction.
Industry Standard Specifications: RMA is familiar with standard practices for execution of Caltrans construction projects, Standard Specifications for Public Works Construction (SSPWC), and California Occupational Safety and Health Administration (OSHA) Construction Safety Orders. RMA Group will provide geotechnical and materials testing services as outlined by applicable standards for individual processes.
Non-conformance guidelines include: In the event that quality characteristics or production procedures are not in conformance with the project specifications, the nonconformance will be documented and corrective actions will be implemented. Corrective actions may range from a minor change in processes to temporary termination of production.
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APPROACH AND UNDERSTANDING OF SERVICES
RMA representatives will notify the City’s Consultant Resident Engineer within 24 hours of any nonconformance. RMA Group will initiate investigations and corrective actions by contacting relevant personnel.
If production is stopped due to failing test results, the following actions may be implemented prior to resuming production:
1. R evise operations as necessary to bring the material into compliance.
2. Incr ease the frequency of testing.
WORK PLAN AND SCHEDULE
Our proposed approach and staffing plan combines a team of highly skilled, dedicated and professional individuals who will perform internal Quality Control functions to effectively manage the testing needs of the project. Our management plan provides your projects with the following:
• Clearly de fined roles and responsibilities T echnical Oversight by registered Civil Engineers • In ternal audits of project documentation Pr oject controls • Mon thly summary reports of testing activities Ong oing training and evaluation of assigned staff Our management procedures are used to manage the daily activities on the project efficiently, to ensure timely completion of testing within strict time frames, to track budget and project progress, and to maintain our internal Quality Control program and activities. Our internal Quality Control activities are designed to verify not only that failing tests are appropriately tracked and reported but that the correct number and types of tests are performed for each bid Item on each construction contract by appropriately certified staff. Our regular internal audits and subsequent coordinated external audits with Caltrans oversight personnel ensure that the documentation of our testing is correct, accurate, and acceptable to Caltrans so that the ultimate acceptance of each project will be supported by appropriate documentation of materials testing activities.
Our pro-active management approach will provide your project with assurance that the required testing is accomplished in a manner that meets Caltrans requirements while maximizing the efficiency of our staff.
Once a budget is finalized it will be entered into RMA Group’s proprietary Testing and Inspection Management ™ application. Our TIM software system will be utilized by our team to manage the testing and inspection activities for the project. It is utilized to dispatch our inspectors and to schedule laboratory tests on a daily basis. Each dispatch request for either a field inspection or laboratory test is validated by software against the line item estimate developed at the start of the project.
RMA Group’s proprietary TIM system compares each inspection or testing activity completed for the project against a detailed line item estimate as the reports are generated. The application includes automated workflow which notifies the lead inspector and project manager whenever a task that is outside of the agreed upon scope of work is initiated providing real time budget validation to our management team. The system also tracks budget utilization and provides current budget status reports. This system assures that our work is being done within the agreed upon scope and budget.
Our Lead Field Material Technicians will work closely with the City’s inspector to schedule testing personnel, maintain and audit our filing systems and project documentation. They will be in constant communication with Project Manager Johnny Rodriguez to resolve day to day technical field issues.
We are fully prepared to perform 100% of the required
laboratory testing in our local Rancho Cucamonga facility. •
•
•
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 9 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
UNDERSTANDING OF SERVICES
RMA Group will provide geotechnical and materials testing services for the City of Moreno Valley in accordance with test methods and frequencies specified in the contract documents. Our scope and approach to field and laboratory testing services are described in the following subsections:
FIELD TESTING AND SAMPLING
RMA Group will perform construction materials testing of soil, aggregate, HMA, slurry seal and concrete sampling per project specifications and ASTM applicable test methods. More specifically, our testing will generally follow the following criteria:
• Cons truction observation and compaction testing of subgrade soils to verify the compaction of the subgrade soils and trench bedding and backfill soils meet the minimum requirements of the project specifications: subgrade soils shall be compacted to a minimum of 90 percent of the maximum dry density and the upper six inches shall be compacted to a minimum of 95 percent of the maximum dry density and trench bedding and backfill soils shall be compacted to a minimum of 90 percent of the maximum dry density and trench backfill placed under paved roadways the compaction in the upper three feet of the backfill shall be compacted to a minimum of 95 percent of the maximum dry density. • Cons truction observation and compaction testing of aggregate base to verify the compaction of the aggregate base meets the minimum requirement of the project specifications: aggregate base shall be compacted to a minimum of 95 percent of the maximum dry density.
• Placemen t observation and compaction testing of HMA / ARHM activities throughout the overlay project. We will observe and document all pavement operations to verify the compaction meets the minimum requirement of the project specifications: HMA shall be compacted to a minimum of 95 percent of the maximum dry density. • T esting of PCC materials including temperature, slump, and air content tests. Concrete cylinders will be sampled and compressive strength tests will be performed in accordance with the project specifications.
LABORATORY TESTING
RMA Group will perform laboratory testing in accordance with the project specifications and/or as requested by the project construction manager/resident engineer. This testing will include, but may not be limited to, the following:
Concrete Testing – concrete should comply with Standard Specifications for Public Works Construction and the Special Provisions for this project. Testing may include the following:
Slump and Temperature Compressive Strength
HMA Testing – HMA should comply with the Standard Specifications for Public Works Construction the Special Provisions for this project. Testing may include the following:
• Theoretical Maximum Density Testing
• Hamburg Wheel Track and Tensile Strength Ratio Testing
DOCUMENTATION
RMA Group will prepare and maintain the following records of sampling and testing for the project:
• Copies of the lab s certifications and technicians certifications • Accep tance Testing Sampling and Testing Log
• Certific ates of Proficiency for samplers and testers
APPROACH AND UNDERSTANDING OF SERVICES
• •
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• Laboratory Test Results
STAFFING PLAN AND EXPECTED DUTIES
Mr. Slawek Dymerski, PE, GE, will be the Principal-in-Charge for this project and has nearly 30 years of geotechnical engineering and material testing experience and very familiar with Public Works and Caltrans testing methods and procedures. Mr. Johnny Rodriguez will serve as Project Manager for the City of Moreno Valley. As part of his responsibilities on this project Mr. Rodriguez will perform the following:
• Review and thoroughly understand all contract documents, including construction drawings, specifications, and referenced test methods and protocols.
• Review and thoroughly understand geotechnical and soils reports, materials testing lab, reports, contractor submitted mix reports, and other like documentation.
• Review and thoroughly understand project schedules and related sampling, testing, and submittal requirements for conformance to the plans and specifications.
• Participate in pre-construction meetings, field meetings, construction progress meetings, final walk-through meetings, as-built plan completion meetings, equal opportunity meetings, and other administrative meetings as necessary.
• Monitor and report on the Contractor’s extra work as it relates to geotechnical sampling, testing and reporting, field and laboratory materials testing.
• Assist in the negotiation of change orders as they relate to geotechnical sampling, testing, and reporting, as requested by the City.
• Review all unknown, unforeseen, and changed conditions that occur, and all disputed work claims from the Contractor as it relates to geotechnical responsibilities and field testing, and recommend a course of action. • Prepare and maintain all geotechnical inspection and testing records as they relate to earthwork materials testing and compaction testing.
• Provide labor compliance reports and certified payroll. Any re-tests (not due to RMA Group’s errors) will be identified separately on the invoice.
RMA Group will dispatch multi-certified and cross-trained technicians/inspectors who are certified to provide the required soils, concrete and/or asphalt field tests, so that one technician can provide, when feasible, all of the needed tests for that day, cost-effectively and efficiently. We also believe that technician continuity is important to provide uninterrupted communication, and to make sure all construction materials/components are properly tested. Any technicians assigned to this project will possess at minimum the following qualifications:
• Expertise in geotechnical matters related to asphalt pavement, knowledge of the local area soils and geology, and relevant Public Works and Caltrans’ practices and test methods • Safe and proper use of Nuclear Gauge for compaction testing of soils • Implementation of proper procedures and protocols for field sampling and testing of graded earth materials, backfill materials, sub-grade, base, AC and PCC
• Ability to provide field test results immediately to the City’s Consultant Resident Engineer and/or Inspector
APPROACH AND UNDERSTANDING OF SERVICES
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 11 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 • Review contractor submittals, sample/test frequency protocols and criteria for acceptable results and provision of materials and compaction reports
• Keep daily (when on-site) geotechnical field notes and take photographs of the field sampling and geotechnical inspection work, including photographic evidence of noncomplying materials or work. A daily report identifying work done by the geotechnical technician will be submitted to City’s Consultant Resident Engineer and/or Inspector on the same day or by the next business day for review and filing.
SCHEDULING & DISPATCHING
RMA Group can begin providing services to the City of Moreno Valley immediately upon receipt of a signed/written authorization to proceed. RMA Group appreciates at least two working days advance notice for scheduling the field personnel on the first day of services. Work thereafter may be scheduled with a 24 hour advance notice. As indicated before, the CM representative will contact RMA Group to schedule all fieldwork, and help avoid unproductive site visits or standby time.
STAFFING AND RESOURCE MANAGEMENT PLAN
Our technicians and staff are accustomed to working with short turnaround time and are eager to meet and exceed the City of Moreno Valley’s expectations in regard to turnaround time.
Since our daily operations are customer service focused, we have an excellent reputation for responding to urgent and last minute client requests. All involved in a construction process would prefer to follow a set schedule of work; however, anybody who has been involved in a construction process knows that rarely does work progresses in strict accordance to the schedule. Therefore, we fully expect that urgent or last minute requests from the City of Moreno Valley will occur and are prepared to accommodate them. All of our staff, from the Principal-in-Charge through our Dispatcher and the field staff, are fully dedicated to accommodating such requests to eliminate any negative potential impacts to the project schedule or cost.
Additionally, our employees are provided company vehicles so travel is never an issue. Even out of state inspections may be performed easily by our staff or one of our associates located at the out-of-state locations.
ROBUST DIGITAL REPORTS
Each inspector on the RMA Group team will carry an iPad to proactively provide inspection reports electronically via email and with 24- hour accessibility thru a web-based portal / FTP site. All inspection reports will be completed through the user friendly TIM™ interface with specific checklists and required fields appropriate to the type of inspection being performed.
The inspection reports will include digital photographic documentation of the field conditions as well as a narrative describing each day’s activity.
As field personnel submit each report, the electronic record is e-mailed to a pre-determined distribution list and immediately upload¬ed and available through our secure web portal. Before the completed inspection reports are submitted, the application validates required fields to ensure that the reports are complete. Once submitted, the completed inspection reports are then automatically uploaded and available on our web-based file system.
APPROACH AND UNDERSTANDING OF SERVICES
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 12 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
BUDGET VALIDATION
To provide real-time budget validation we developed a budget based on the review of the plans, specifications and construction schedule. After our team has completed an initial review of the plans and specifications we request an initial scoping / project kick-off meeting with the project and construction team. The detailed scope of work, manpower estimate taken from our initial review of the project plans and specification, and any special requirements identified in the initial scoping meeting will be used to develop a final project budget that clearly reflects all of the project requirements.
Once the detailed project budget has been developed it will be entered into our TIM™ application. The TIM™ application is utilized to dispatch our inspectors, schedule laboratory tests and manage inspection and testing activities.
Each dispatch request for either a field inspection or laboratory test, is electronically and automatically validated against the line item estimate in real time, providing absolute budget validation.
The system provides automated workflow that provides the project manager with an e-mail alert whenever a task or test is requested that was not included in the project budget. This alert allows the project manager to identify the disposition of any requests for work that fall outside of the initial scope of work and budget.
DOCUMENT CONTROL
In the event that personnel are scheduled for work that was not included in the original task order proposal, our proprietary software will send an automatic email notice to the project manager and key team members.
This instant notification allows for rapid communication between RMA Group and the City of Moreno Valley to guarantee that any work outside the original scope will be agreed upon before it happens. It is a proactive approach to project management that allows us to discuss and resolve extra work or change order issues before they become a problem.
RMA Group field personnel will arrive on site with their daily report, certifications, equipment and safety gear, and instructions from the project team. Field personnel work will vary drastically depending on the type of project and which elements are being inspected or tested, but they will always fill out their daily report after the work is complete and have it signed by an authorized representative on site.
This allows any discrepancies in time worked or issues encountered on site to be resolved on the project site, same day, rather than having to debate over them in the office weeks or months afterward. Daily reports will be distributed, where applicable, to on site supervisors or representatives, to a field file, and to the RMA Group office. RMA Group office personnel scan the daily report, which has a unique report identification number and a barcode, into our proprietary software where it can be instantaneously recalled by any team members, any time.
If the request was for inspection, our inspector will show up on site, inspect the work, complete his daily report and have it signed, and leave. If the request was for materials testing, our technician will do the same except that he will perform field tests using calibrated testing equipment for which he or she is certified. Testing could be performed on soils, concrete, asphalt, steel, or a multitude of other construction materials.
APPROACH AND UNDERSTANDING OF SERVICES
Only RMA Group has software
that handles verification of test
documentation, reports, and deficiencies
/ resolutions in real-time with built-in
workflow to alert our project managers.
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 13 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
PROJECT CONTROLS TO AVOID COST OVERRUNS
RMA Group has used cutting edge technology to advance and simplify the execution of our work. We are early adopters of new technologies and as such we have embraced the paper free digital reporting of inspection activities wholeheartedly. We have developed a proprietary Testing and Inspection Management (TIM)™ application for budget validation, robust digital reports, and assured project closeout. This software is an essential part of RMA Group’s proactive project approach and strategy for successfully executing inspection and testing services.
During construction, our Project Manager will maintain contact with City Representatives to schedule testing and inspections. Our project team will review Requests for Inspections and will decide which credentialed personnel would be best suited for the work. The individual(s) assigned to the projects will be entered by our dispatching team into the field schedule of our Laboratory Information Management System (LIMS) software. The software will send a pre- formatted daily inspection report to the email address of the scheduled personnel who are also notified by phone call of their reporting instructions.
Our technicians and inspectors will proactively communicate with City Representatives on-site and will provide a detailed daily inspection report at the end of each shift. The report will include a summary of observations and of testing performed, including a break-down of items that were re-tested or re-inspected. Any construction materials sampled by our field personnel will be returned to a DSA-approved laboratory and logged into our LIMS software. Every single sample that comes into the laboratory is entered into the system with all relevant information and is then assigned a unique lab ID number which can be printed with a scannable barcode. Project management staff coordinates with the laboratory staff throughout the day to track each sample and make sure testing is completed correctly and timely. When complete, samples are logged out of our system for billing purposes and brought to project team members for review and reporting. Any failing results are rapidly reviewed and communicated with the District’s IOR.
Our unique, custom-developed software and our proactive management allows for a streamlined approach to your project. We understand from years of experience that it is crucial for testing and inspection services to be completed correctly, within the required deadlines per the project schedules and within budget.
All reports of deficiencies electronically populate a Non-Conformance Report (NCR) log that provides a hyperlink to the original inspection report. All NCRs are tracked until they are cleared by either a response to a Request for Information (RFI), a change in the plans and specifications, rework, or other corrective action. Corrective Action reports are generated from the NCR log and are tied to the original NCR. Project team members have the ability to request a corrective action report from the web portal notifying our management team when an item is ready to be cleared. The resulting log provides a list of inspection reports documenting non-conforming work along with the corrective action report documenting the work done to resolve the NCR in a concise fashion. The log is available to all project team members via the web portal and printed summary reports which in our experience, are an excellent item to review at weekly project construction meetings.
RMA Group’s proprietary LIMS system compares each inspection or testing activity completed for the project against the detailed line item estimate as the reports are generated. The application includes automated workflow which notifies the Lead Inspector and Project Manager whenever a task that is outside of the agreed upon scope of work is initiated providing real time budget validation to our management team. The system also tracks budget utilization and provides current budget status reports.
RMA Group’s proprietary TIM™ software system also assures timely and seamless project close-out by proactively managing noncompliant items with automated e-mail notifications to team members for any issues needing resolution.
The system maintains a log of non-compliant items to communicate the status of all inspections. RMA Group’s TIM™ application will provide a complete electronic record of every inspection report and lab test conducted and all of the necessary documentation required from the inspection and testing firm. All documents will be uploaded to the website by our Laboratory Manager on a weekly basis.
APPROACH AND UNDERSTANDING OF SERVICES
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 14 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 It provides an ongoing list of missing or incomplete inspection reports based on the initial inspection requests that were logged into the database. On a weekly basis our document control staff will clear each and every inspection request and provide a complete digital record of all inspection activities.
This system results in assurance to your project team that our work is being done within the agreed upon scope and budget, and provides consistent and clear communication of inspection activities and project status to the project team. At project end, we provide a complete electronic record of every inspection report and lab test completed and all documentation related to our inspection and testing activities on the project.
ASSURED PROJECT CLOSE-OUT
Upon project completion, the City of Moreno Valley may need closeout documents. Our testing professional staff will be able to recall all daily inspection reports and all laboratory test results using our LIMS software. This allows for easy access to information and inspection summaries. Our testing and inspection summaries for the entire project can be put together efficiently. If there are any outstanding issues as the project comes to a close, RMA Group staff will be able to very quickly reproduce any relevant reports or laboratory test results using LIMS, reducing delays that otherwise might result from having to track down physical files.
QUALITY CONTROL AND ASSURANCE
As required for certification, RMA Group materials testing laboratory has a current, reviewed and approved Quality Manual. All laboratory results are reviewed by a California licensed Civil Engineer before final results are transmitted to Construction team. All RMA Group field personnel will be certified for the test they are dispatched to perform. In support of all of these field services, RMA Group will provide project management, supervision and internal quality control of the services provided. RMA Group also has an internal Quality Manual that applies to all field and laboratory work.
RESOURCE ALLOCATION MATRIX
The resource allocation matrix is based on RMA Group’s experience on similar projects and the requirements included in the RFP . The actual hours needed during construction will primarily depend on the completeness of construction/bid documents, contractor’s procedures, conditions encountered during construction and familiarity with onsite soils.
Juan Bautista De Anza Multi-Use Improvement Trail Phase - 4 Project No. 801 0086
APPROACH AND UNDERSTANDING OF SERVICES
Task Public Works
Technician
Project Engineer /
Project Manager Administrative
HMA / ARHM Quality Assurance 408 Hours
CAB Quality Assurance 80 Hours
PCC Quality Assurance 120 Hours
Project Management 80 Hours
Administration 60 Hours
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB TAB 3 | SCOPE OF SERVICES
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 16 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
SCOPE OF SERVICES
SCOPE OF SERVICES
Our proposed scope of work will consist of geotechnical and materials testing services. A detailed description of the tasks required to complete this scope of work and an estimate of the costs associated with our work are detailed herein.
OBSERVATION AND TESTING OF SUBGRADE AND AGGREGATE BASE
This work scope would include observation of the
scarification, re-compaction, and the finished grading of the paved areas. Our representative would monitor moisture
conditions for consistency with the compaction methods
used. Our services would include performing in place density tests (compaction tests) by either the sand cone method (ASTM D1556) or the nuclear gauge method (ASTM D2922), water content tests, and maximum density optimum moisture tests per ASTM D1557 at locations selected by our representative. Testing would be performed during the compaction operations. The contractors performing the compaction and your representative would be notified in writing of any materials, methods, or tests that are not in compliance in a timely manner.
Subgrade and aggregate base compaction tests will be performed for paved areas on site and within the street right of way. Tests will be taken at locations and frequencies in accordance to guidelines provided by the governing public agency. If the governing public agency does not have established testing guidelines then the following guideline shall be used. Test locations will be selected by our technician at locations that represent the surface appearance of the subgrade at the time of testing. Test locations would be spaced no more than 500 linear feet apart.
A written report will be prepared summarizing the results of our observations and testing upon completion of the work.
The report would include a rendering regarding the conformance of the backfill and subgrade to the job specifications.
CONSTRUCTION OBSERVATION AND COMPACTION TESTING FOR ASPHALT CONCRETE PAVEMENTS This scope of service will include engineering review of the mix designs and materials testing of asphaltic concrete used in the construction of roadway improvements. These services will include monitoring the temperature and rolling procedure and the determination of the in place density testing of asphalt concrete using the nuclear gauge (ASTM D2950). Laboratory testing will be performed to determine the laboratory test maximum density of the asphaltic concrete in accordance with ASTM D2041. A written report summarizing the results of all tests performed will be prepared upon completion of the work.
SAMPLING AND TESTING OF PORTLAND CEMENT CONCRETE CONSTRUCTION This scope of services will include engineering review of concrete mix designs and field sampling and laboratory testing of concrete used in concrete construction for the project.
Our materials engineer would review mix designs submitted by the contractor and the results of tests performed on the aggregates. A written report of our review of the concrete mix design submittal will be prepared upon the completion of the work.
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 17 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
SCOPE OF SERVICES
Our technician will sample fresh concrete and obtain samples for strength testing, perform slump tests and monitor the temperature of the concrete. Test cylinders will be cast in accordance with the project specifications. Strength test cylinders will be cured in our laboratory until they are tested in accordance to ASTM C192. Compression tests would be performed in accordance to ASTM C39 at 7 and 28 days, respectively. Copies of the results of all compression tests will be provided upon completion of the test.
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB TAB 4 | PROJECT TEAM
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 19 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
PROJECT TEAM
PROACTIVE STAFF MANAGEMENT
The strength of RMA Group lies within our professional personnel. The key individuals proposed for this contract include our most experienced and capable staff members who have worked on various major contracts and bring a combination of skills and knowledge that will be an asset to the City of Moreno Valley.
We have assigned a team of senior-level individuals with direct relevant experience in materials testing and special inspection services that understand the unique nature of transit projects of this type. Their experience grounds them with an understanding of the complex and often time-sensitive nature of project directives. Each member will have specific areas of responsibility to manage and carry out all aspects of this contract.
The combined experience of these individuals will result in a staffing plan that specifies the level of experience and certifications required, and number of technical personnel required matching the construction schedule. Our project team leadership is detailed below. Full resumes, including references and licenses / certifications can be found in an appendix.
SLAWEK DYMERSKI, PE, GE | PRINCIPAL-IN-CHARGE
Mr. Slawek Dymerski will serve as Principal-In-Charge and will handle all contractual matters with the City. He is a registered civil engineer and geotechnical engineer with nearly 30 years of experience with geotechnical, materials testing, and inspection projects. Slawek will also provide consultation for issues which arise in the field, as necessary, and will be responsible for the implementation of RMA’s in-house quality assurance program.
Slawek's extensive experience includes a variety of pavement design, rehabiliation, and infrastructure projects, for local municipalities such as the City of San Bernardino, City of Santa Ana, and the County of Los Angeles. In addition, Slawek has experience on over 300 paving projects for Caltrans' freeway system and he has working knowledge of FAA specifications and standards from his experience with multiple Southern California airports.
JOHNNY RODRIGUEZ, PE | PROJECT MANAGER
Mr. Johnny Rodriguez will serve as the Project Manager and will be responsible for establishing and maintaining the project’s budget and identifying the required services and the time frames in which they are expected by the City’s Projects Manager. Johnny will be the general primary point-of-contact, will provide oversight of the day-to-day activities, and will ensure that our team delivers the required services within the established schedules and budgets. He will be responsible for staff assignments and maintaining project controls for budget, schedule, and document control. His working knowledge has been gained over 5 years of involvement with various municipalities throughout the Inland Empire. His experience ranges from street improvements to multi-million dollar public infrastructure projects. Johnny has excellent knowledge regarding all types of construction materials and related specification requirements in accordance with Greenbook and Caltrans requirements.
25+ years of experience
Licensed California Civil &
Geotechnical Engineer
Transportation experience
Local street / pavement
project experience
5+ years of experience
Licensed California
Civil Engineer
Document Management
Local street / pavement
project experience
SCOPE OF SERVICES
PROJECT TEAM
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 20 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
PROJECT TEAM
LOUIS RILEY | LEAD FIELD MATERIALS TECHNICIAN
Mr. Louis Riley has nearly 10 years of in-depth experience as a Field Materials Technician.
Louis’ experience includes large number of projects on local and arterial streets, as well as extensive experience with slurry seals, asphalt and concrete pavements on Caltrans projects. He has worked on both new pavement construction projects as well as pavement rehabilitation projects. He is well versed with both Greenbook and Caltrans specifications as they pertain to quality control and material testing requirements. Louis' transportation experience spans nearly a decade and includes numerous projects within the County of Riverside .
DAVID PEREYA | LEAD FIELD MATERIALS TECHNICIAN
Mr. David Pereyra has over 15 years of in-depth experience as a Field Materials Technician. David’s expertise is particularly extensive in various asphalt and concrete pavements. He has worked on projects of various size, local city streets, highways as wells as large Caltrans freeway projects. He has developed excellent understanding and knowledge of both Greenbook and Caltrans specifications as they pertain to quality control and material testing requirements. The types of pavement projects that David has primarily worked on include: Type I and II slurry seals, chip seals, dense graded asphalt concrete, rubberized asphalt concrete and Portland cement concrete.
David’ s experience has been primarily working on street and highway project in the Inland Empire and Los Angeles County.
ALEXANDREA STIGALL | LEAD FIELDS MATERIAL TECHNICIAN
Ms. Alexandrea Stigall has nearly 5 years of in-depth experience as a Field Materials Technician with RMA Group. Alex's expertise is particularly extensive in various asphalt and concrete pavements. She has worked on projects of various size, local city streets, highways as wells as large Caltrans freeway projects. She has developed excellent understanding and knowledge of both Greenbook and Caltrans specifications as they pertain to quality control and material testing requirements. Alex’ s experience has been primarily working on street and highway project in the Inland Empire and Los Angeles County.
FIELD MATERIALS TECHNICIANS
Our field staff will provide construction observation and testing of aggregate base and subgrade materials, testing of HMA/ARHM and placement observation, and testing of PCC, as needed, per each task order. Our staff will also include geotechnical technicians for all soil applications and geotechnical investigations. Our lead field material technicians are handpicked for specific projects based on their experience and certifications and how well those match up to the requirements and construction elements on the project.
10+ years of experience
Certified inspector
Transportation experience
Local street / pavement
project experience
15+ years of experience
Certified inspector
Transportation experience
Local street / pavement
project experience
5+ years of experience
Certified inspector
Transportation experience
Local street / pavement
project experience
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 21 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
PROJECT TEAM
PROJECT MANAGER
Johnny Rodriguez, PE*
PRINCIPAL-IN-CHARGE /
PROJECT MANAGER
Slawek Dymerski, PE, GE*
AVAILABILITY OF ADDITIONAL
160+ INSPECTORS AND
TECHNICIANS
FIELD MATERIAL TECHNICIANS
Adrian Lopez
Jennifer Moore
David Illescas
Anthony Garcia
Ronnie Roberts
Sony Phang
LABORATORY MANAGER
Clayton Garrison
STAFF ENGINEERS
Teo Albers, EIT
Jacob Bailey, EIT
Jalen Madina, EIT
LEAD FIELD MATERIAL
TECHNICIANS
Louis Riley*
Brandon Buffalo*
David Pereyra*
Alexandrea Stigall*
* Denotes key personnel whose resumes and certifications can be found in the Appendix which begins on page 34.
Resumes for non-key personnel are available upon request.
SENIOR LABORATORY TECHNICIAN
Marta Landaverde
ORGANIZATION CHART
INSPECTION & TESTING SUPPORT STAFF
We employ more than 160 certified technicians and inspectors locally who hold licenses and certifications to perform inspection and materials testing. These individuals are full-time, long tenured employees that are multi-certified and cross-trained to efficiently inspect multiple ongoing operations, thereby providing more flexibility in daily assignments and reducing the number of personnel needed.
RMA Group will maintain the aforementioned team for the duration of the contract. Should anyone become unavailable, RMA Group will substitute other staff who possess equal or higher levels of certification and experience with approval by the City.
The organization chart below provides a visual representation of the RMA Group team and our staffing resources available to serve on the City of Moreno Valley’s Citywide Pavement Rehabilitation Program for Arterial and Collector Streets.
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 23 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
RECHE VISTA DRIVE REALIGNMENT
MORENO VALLEY , CA
>
A $4 million project in Moreno Valley realigned Reche Vista Drive so it extended straight to Perris Boulevard, replacing a winding leg of the road that now ends at Heacock
Street. The roadway had frequent issues with flooding,
potholes and smashed guardrails but it was difficult to work in because of the small space. The 2,400-foot stretch remained a two-lane road, but added wider lanes and shoulders on each side plus a center turning lane and a traffic signal at the intersection. The widened shoulders make it easier to maintain the road.
RMA Group provided professional construction materials testing and geotechnical services. the project required multi- agency involvement and knowledge of Greenbook, EMWD standards, RCFC&WCD standards, SCE standards, MVU standards, and others.
SR-60 / NASON STREET INTERCHANGE
MORENO VALLEY , CA
> CLIENT City of Moreno Valley
CONTACT Quang Nguyen, PE | Senior Engineer
ADDRESS 14177 Fredrick St. PO Box 8805
Moreno Valley, CA 92552
PHONE 951.413.3702
PROJECT STATUS 2015 - 2017
STAFF Slawek Dymerski, Louis Riley
This project involved the reconstruction and realignment of the four Nason Street on / off ramps to State Route 60 with auxiliary lanes at two ramps installation of signalization at the relevant intersections, widening of Nason Street, and the installation of a new sidewalk / bikeway. The project enhanced freeway access, improved overall traffic circulation, and provided local access to the Stoneridge Town Center, Riverside County Regional Medical Center, Valley View High School, and the University of California, Riverside Moreno Valley Field Station. Additional benefits included underground utility lines and the accommodation of planned future widening of the Nason Street Bridge.
RMA Group provided geotechnical consultation, materials testing, and inspection services. Our scope of work includes embankment compaction testing, cast in place concrete wall testing, structure backfill and subgrade compaction testing, Hot Mix as well as asphalt laboratory testing.
SIMILAR PROJECTS
CLIENT City of Moreno Valley
CONTACT Quang Nguyen, PE | Senior Engineer
ADDRESS 14177 Fredrick St. PO Box 8805
Moreno Valley, CA 92552
PHONE 951.413.3702
PROJECT STATUS 2015 - 2017
STAFF Slawek Dymerski, Louis Riley
PROJECT TEAM
SCOPE OF SERVICES
SIMILAR PROJECTS
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 24 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
SIMILAR PROJECTS
CITY OF TORRANCE DEPARTMENT
OF PUBLIC WORKS, PLAZA DEL AMO
TORRANCE, CA
>
CLIENT City of Torrance
CONTACT Jess Caballero, Associate Engineer
ADDRESS 3031 Torrance Boulevard,
Torrance, CA 90503
PHONE 310.618.6259
PROJECT STATUS 2021 - Ongoing
STAFF Slawek Dymerski, Johnny Rodriguez
RMA is currently providing the City of Torrance’s
Department of Public Works with assurance testing
services for the Plaza del Amo at Western Mobility
Enhancement Project. The project provides for street
widening, pavement reconstruction, repair of damaged curbs, gutters, driveways, and sidewalks; installation of ADA- compliant curb ramps; striping, and landscape improvements. The south east end of the project is within Caltrans right-of-way. RMA Group is providing testing and inspection of soils, asphalt batch plant inspection, marshall density testing, asphalt testing, and construction observation.
CLIENT County of San Bernaardino
CONTACT Medhat Matta, Pavement
Management Engineer
ADDRESS Various Locations
PHONE 909.387.2060
PROJECT STATUS 2022 - Ongoing
STAFF Slawek Dymerski, Johnny Rodriguez,
Alexandrea Stigall, Louis Riley
> CACTUS AVENUE AND OTHER ROADS
SAN BERNARDINO COUNTY , CA
RMA Group was chosen to provide Inspection and Material Testing during the construction of Cactus Road Project.
The project consits of reviewing submittals, monitor
construction of AC/Overlay, complete daily reports and qty calcs for pavements vouchers. Conduct Material testing on HMA as stated within the Special Provisions.
CLIENT Los Angeles County Deparment
of Public Works
CONTACT Ryan Kristan , City Engineering
ADDRESS Various Locations
PHONE 626.458.1741
PROJECT STATUS 2017 - 2020
STAFF Slawek Dymerski, Johnny Rodriguez,
David Pereyra, David Illescas
>
THE PARK TO PLAYA TRAIL- LA CIENEGA
PEDESTRAIN OVERCROSS
CULVER CITY , CA
RMA Group services consists of observing grading
operations for trail and slopes and backfill of retaining walls as shown on the project plans, performing soil
tests, and submittal of a soil grading report. Also included observation of the drilling for the bridge foundation piles and preparation of the bridge approach foundations. We verified the embedment depth of the foundation piles are in accordance with the project plans and that the soldier pile excavations are drilled at the minimum width and are clean of loose and deleterious materials prior to the placement of concrete. Water content, frequency and at locations selected by the soil engineer.
CLIENT City of Moreno Valley
CONTACT Quang Nguyen, PE | Senior Engineer
ADDRESS 14177 Fredrick St. PO Box 8805
Moreno Valley, CA 92552
PHONE 951.413.3702
PROJECT STATUS 2021 - Ongoing
STAFF Slawek Dymerski, Johnny Rodriguez,
Adrian Lopez, Alexandrea Stigall
SOUTH LASSELLE STREET SAFETY
COORIDOR STREET IMPROVEMENT
MORENO VALLEY , CA
This project consits of the installation of high-friction surface treatment (HFST) on Lasselle Street from Avenida Classica to Camino Quintana and the installation of speed control sytems on seven signalized intersections. RMA
Group has provided inspection and testing services during subgrade preperation and the installation of high-friction surface treatment, per the project plans and specifications.
This includes compaction testing of trench backfill and street improvements, quality insurance for the high friction surface treatment trial, and quality insurance for the high friction surface treatment field sampling and testing. >
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 25 CITY OF MORENO VALLEY | CITYWIDE PAVEMENT REHABILITATION PROGRAM FY 2026/27 TO FY 2030/31 (ARTERIAL AND COLLECTOR STREETS)
TAB 6 | WEEKLY AVAILABILITY
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 26 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
WEEKLY AVAILABILITY
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 27 CITY OF MORENO VALLEY | CITYWIDE PAVEMENT REHABILITATION PROGRAM FY 2026/27 TO FY 2030/31 (ARTERIAL AND COLLECTOR STREETS)
TAB 7 | REFERENCES
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 28 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
REFERENCES
CLIENT
CITY OF MORENO VALLEY
Moreno Valley, CA
CLIENT
RIVERSDIE COUNTY TRANSPORTATION
COMMISSION (RCTC) / TRANSPORTATION
Riverside, CA
CLIENT
CITY OF TORRANCE DEPARTMENT OF
PUBLIC WORKS
Torrance, CA
CLIENT
CITY OF SIMI VALLEY DEPARTMENT OF
PUBLIC WORKS
Simi Valley, CA
CLIENT
COUNTY OF SAN BERNARDINO
San Bernardino, CA
CONTACT
Quang Nguyen, PE
Senior Engineer
T: 951.413.3702
CONTACT
Hector Davila
Engineering Project Manager
T: 951.955.6885
CONTACT
Jess Caballero
Associate Engineer
T: 310.618.6259
CONTACT
Brandon Zastrow
City Engineer
T: 805.583.6700
CONTACT
Carlos Seanez
T: 909.387.7945
ADDRESS
14177 Fredrick Street
PO Box 8805
Moreno Valley, CA 92552
ADDRESS
2950 Washington Street
Riverside, CA 92501
ADDRESS
3031 Torrance Boulevard
Torrance, CA 90503
ADDRESS
2323 Tapo Canyon Road
Simi Valley, CA 93063
ADDRESS
825 East Third Street
San Bernardino, CA 92415
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB TAB 8 | REQUIRED
STATEMENTS AND FORMS
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 30 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 The following required statements are included in our proposal per the RFQ.
This Request For Proposal shall be incorporated in its entirety as a part of the RMA Group’s Proposal.
This RFP and RMA Group’s Proposal will jointly become part of the Agreement for Professional Consultant Services for this project when said Agreement is fully executed by RMA Group and the City of Moreno Valley.
RMA Group’s services to be provided, and fees therefore, will be in accordance with the City’s RFP except as otherwise specified in the RMA Group’s Proposal under the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL.”
RMA Group does not have any additions or exceptions, therefore we have not included a separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL".
RMA Group has included a statement of qualifications applicable to this project including the names, qualifications and proposed duties of the RMA Group’s staff to be assigned to this project (pages 19-21) and a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact (pages 23-24). If one or more of the RMA Group’s staff should become unavailable, then RMA Group may substitute other staff of at least equal competence only after prior written approval by the City.
RMA Group 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.
The resource allocation matrix (page 14) lists 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.
RMA Group acknowledges and understands that we will provide a qualified alternate staff in the event of the primary staff is not able to come to work.
RMA Group understands 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 RMA Group’s Proposal.
RMA Group 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.
RMA Group's hourly rate schedule (which is included in the Cost Proposal per the RFP) is part of our proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP .
RMA Group will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
1. 2.
3. 4.
5. 6.
7. 10.
8. 9.
11. 12.
SIMILAR PROJECTS
PROJECT TEAM
SCOPE OF SERVICES
REQUIRED STATEMENTS AND FORMS
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 31 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 RMA Group acknowledges 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.
RMA Group 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.
RMA Group 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.
RMA Group 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.
RMA Group 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 RMA Group, without further acknowledgment by the parties.
13. 14.
15. 16.
17. REQUIRED STATEMENTS AND FORMS A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 32 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
REQUIRED STATEMENTS AND FORMS
ATTACHMENT A
September 2022 RFP for Professional Services for Geotechnical and Material Testing Services Project No. 801 0097
Attachment A: Non-Collusion Affidavit
Note: To be executed by Proposer and submitted with proposal.
State of
(the State of the place of business)
County of
(the County of the place of business)
, being first duly sworn, deposes and
(name of the person signing this form)
says that he/she is of
(title of the person signing this form)
, the party making the foregoing bid
(name of bidding company)
that such bid is not made in the interest of or on the behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder or to fix any overhead profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true, and further, that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in the general business.
By:
(signature)
Printed Name:
(name of the person signing this form)
Title:
(title of the person signing this form)
Slawek Dymerski
California
San Bernardino
Vice President
Slawek Dymerski
RMA G roup
Vice President
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB APPENDIX A | RESUMES
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 34 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
SLAWEK DYMERSKI, PE, GE
PRINCIPAL-IN-CHARGE
EDUCATION
BS, Civil Engineering, California State
Polytechnic University, Pomona
LICENSES / REGISTRATIONS
CA, Civil Engineer, No. 63389
CA, Geotechnical Engineer, No. 2764
NV, Civil Engineer, No. 028376
PROFILE
Mr. Slawek Dymerski has more than 25 years of engineering experience, including nearly 30 years in project and quality management. He has been involved in all aspects of field exploration and data analysis for a wide range of pavement evaluation, construction inspection, geotechnical exploration, and design projects involving materials tests on asphalt concrete, Portland cement concrete, masonry, soils, aggregates, and steel by DSA, Caltrans, ASTM, and AASHTO test methods. In a Quality Assurance role, Slawek will be responsible for verifying that our deliverables fully meet project requirements and provide technical quality review of all geotechnical reports and material tests. Most critically, he understands the importance of timely, accurate, and fully vetted geotechnical and testing information.
RELEVANT EXPERIENCE
SR-60 / NASON STREET INTERCHANGE, MORENO VALLEY
Quality Assurance Manager | Mr. Dymerski was responsible for RMA Group’s services which included providing quality assurance for the City that encompassed Asphalt Concrete sampling and placement observation and compaction testing, concrete sampling and testing for the retaining walls, curbs and gutters, and geotechnical testing for roadway and ramp excavation.
RECHE VISTA DRIVE REALIGNMENT, MORENO VALLEY
Principal-inCharge | Mr. Dymerski serves as the Principal-In-Charge for the $4 million project in Moreno Valley realigned Reche Vista Drive so it extended straight to Perris Boulevard, replacing a winding leg of the road that now ends at Heacock Street. RMA Group provided professional construction materials testing and geotechnical services.
THE PARK TO PLAYA TRAIL- LA CIENEGA PEDESTRAIN OVERCROSS, CULVER CITY Principal-In-Charge | Mr. Dymerski serves as the Principal-In-Charge for the Park To Playa Trail - La Cienega Pedestrain Overcross project. The Park to Playa Trail is a planned 13-mile regional trail that will connect a network of trails, parks and open spaces from the Baldwin Hills Parklands to the Pacific Ocean. RMA Group provided geotechnical soils and materials testing work included grading and observation, reinforced concrete inspection and materials testing, and welding.
DEVORE 15/215 INTERCHANGE IMPROVEMENTS , DEVORE
Principal-In-Charge | Construction on the $208 million Devore 15/215 Interchange Improvements project involved retro-fitting several existing structures, construction of multiple new bridges and overpasses, drainage improvements, landscaping, communications and electrical systems improvements as well as construction of several MSE panel, soil nail, tie back and retaining walls. Mr. Dymerski oversaw RMA Group’s services and ensured that all necessary resources and highly-trained staff were available while providing professional oversight and guidance.
Mr. Dymerski has extensive pavement project experience that has been aquired over the years as a result of his direct dedication and involvement in over 100 projects with Caltrans District, throughout Southern California. His particular knowledge in paving has been key to the successful completion of many projects and client satisfaction resulting in business growth for RMA Group including the Reche Vista Drive Realignment, South Lasselle Street Safety Cooridor Street Improvement, City of Torrance, SB1 Minor Streets, Cactus Avenue and other roads project. Additional Project list is available upon request.
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 35 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
JOHNNY RODRIGUEZ, PE
PROJECT MANAGER
EDUCATION
BS, Civil Engineering,
California Baptist University, CA
LICENSES / REGISTRATIONS
CA, Civil Engineer, No. 93236
Certified Associate in Project Management
(CAPM): 2975722
USACE Construction Quality Management for
Contractors: SPL20201106-20
Inertial Profiler Operator: CTIP294
PROFILE
Mr. Rodriguez excels at providing organizational technical support and review of project correspondence and field reports for compliance with project plans and specifications such as the Standard Specifications for Public Works Construction (SSPWC), Caltrans, California Building Code (CBC/Title 24), and the Uniform Building Code (UBC). He is engaged in projects throughout the construction cycle, from initial project review for bid estimation to project closeout and payment negotiation. Johnny has project experience with the construction of masonry sound walls, steel reinforced concrete, airport and highway paving. He provides supervision and support to lab technicians, field technicians, and project managers. His experience has been gained over 5 years in the quality assurance industry, serving on projects including grade separations, highways, hospitals, universities, and public infrastructure.
RELEVANT EXPERIENCE
SOUTH LASSELLE STREET SAFETY COORIDOR STREET IMPROVEMENT , MORENO VALLEY Project Engineer |Mr. Rodriguez served as Project Engineer for the South Lasselle Street Safety Cooridor Street Improvement project. RMA Group has provided inspection and testing services during subgrade preperation and the installation of high-friction surface treatment, per the project plans and specifications.
CACTUS AVENUE AND OTHER ROADS, SAN BERNARDINO
Project Manager | Mr. Rodriguez serves as the Project Manager for the Cactus Avenue and other roods project.RMA Group was chosen to provide Inspection and Material Testing during the construction of Cactus Road Project.
THE PARK TO PLAYA TRAIL- LA CIENEGA PEDESTRAIN OVERCROSS, CULVER CITY Project Engineer | Mr. Rodriguez serves as the Project Engineer for the Park To Playa Trail - La Cienega Pedestrain Overcross project. The Park to Playa Trail is a planned 13-mile regional trail that will connect a network of trails, parks and open spaces from the Baldwin Hills Parklands to the Pacific Ocean. RMA Group provided geotechnical soils and materials testing work included grading and observation, reinforced concrete inspection and materials testing, and welding.
WESTERN MOBILITY ENHANCEMENT PROJECT - PLAZA DEL AMO, TORRANCE Project Engineer | Mr. Rodriguez is responsible for maintining quality control, the project budget, and identifying required deliverables all while monitoring the project’s schedule.RMA Group is providing testing and inspection of soils, asphalt batch plant inspection, marshall density testing, asphalt testing, and construction observation for the City of Torrance Department of Public Works.
CALTRANS CONTRACT 07-301104 ROUTE 60 PAVEMENT REHABILITATION , LOS ANGELES Project Engineer | Mr. Rodriguez is responsible for the maintenance of a project budget and scope of work, identifying the required deliverables and monitoring the schedule. He also attended site quality control meetings.
Mr. Rodriguez has extensive pavement project experience serving as Project Engineer for over 100 projects with Caltrans District, throughout Southern California. His experience ranges from a variety of small street improvements to multi-million dollar public infrastructure projects. Additional Project list is available upon request.
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 36 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
CLAYTON GARRISON
LABORATORY MANAGER
EDUCATION
AS, Construction Technology,
Victor Valley College, CA
LICENSES / REGISTRATIONS
ACI Laboratory Technician Level 1
ACI Concrete Strength Technician
ACI Aggregate Technician
ACI Concrete Field Grade 1
ACI Laboratory Masonry Technician
ACI Field Masonry Technician
Caltrans Compressive Strength PCC
Caltrans Flexural Strength PCC
Caltrans Flexural Strength (Rapid Set)
OSHA 30 Certification
PROFILE
Mr. Garrison has 10 years of experience in construction material testing, including laboratory and field testing experience both during preliminary/design phase and construction. Clayton has worked as a laboratory manager in the industry for 6 years and holds multiple certifications for testing construction materials both concrete, aggregates, and masonry. As a laboratory manager he has maintained accreditations with AASHTO, CCRL, DSA, USACE, and Caltrans while growing testing capabilities with additional methods performed.
Clayton has recently served as chair to the ACI Southern California chapter Student Services Committee and is still an active member as well as a member of ACI Concrete Committee C09.
RELEVANT EXPERIENCE
CACTUS AVENUE AND OTHER ROADS, SAN BERNARDINO
Laboratory Manager | Mr. Garrison serves as the Laboratory Manager for the Cactus Avenue and other roods project.
RMA Group was chosen to provide Inspection and Material Testing during the construction of Cactus Road Project.
CITY OF MONROVIA RENEWAL, MONROVIA
Laboratory Manager |Mr. Garrison served as Laboratory Manager for the multi-phase asphalt pavement renewal project throughout the entire city of Monrovia. This project consisted of preliminary coring of existing asphalt for thickness determination and subgrade testing for soil testing. Clayton was responsible for preliminary coring and soils investigation field work and lab testing, and compiling data into report for engineering and bidding purposes.
GREEN TREE SEWER TRUNK LINE REPAIR, VICTORVILLE
Laboratory Manager | Mr. Garrison served as Laboratory Manager for this project that consisted of relocating and improving existing sewer main ahead of the Yucca Loma and Green Tree Bridge project and began in 2019 with completion in 2020. In his role, Clayton was responsible for conducting laboratory testing of soils during backfill and compaction, concrete testing for new curb and cross gutter, and asphalt testing during paving operations.
SEVENTH AVE AND ARROWHEAD ROAD INVESTIGATION, VICTORVILLE Laboratory Manager |Mr. Garrison served as Laboratory Manager for the pavement and soils investigation for the repaving and widening of seventh Ave and Arrowhead Road. This project consisted of 26 cores and soil samples for testing. Clayton was responsible for managing and conducting field work for the investigation, including hiring and direct sub-contracted services such as drilling and traffic control.
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 37 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
LOUIS RILEY
LEAD FIELD MATERIAL TECHNICIAN
LICENSES / REGISTRATIONS
ICC Prestressed Concrete
ICC Structural Masonry
ICC Reinforced Concrete
ICC Structural Welding Codes Module
ICC Structural Welding Plans Module
ICC Soils Codes Module
ICC Soils Plans Module
ICC Soils
ACI Aggregate Testing Technician - Level 1
ACI Concrete Field Testing Technician -
Grade 1
ACI Concrete Laboratory Testing Technician -
Level 2
ACI Concrete Strength Testing Technician
ACI Concrete Laboratory Testing Technician -
Level 1
Nuclear Gauge Certification
Caltrans Certifications: 105, 125, 201, 202,
205, 216, 217, 226, 227, 229,
PROFILE
Mr Louis Riley has in-depth experience as a Field and Laboratory Technician. He started in the industry as an aggregate crushing quarry.
His responsibilities included quality control, safety training, heavy equipment operation and maintenance, and plant inspection and repairs.
Louis’ areas of expertise include Caltrans, sampling of materials, concrete testing, laboratory testing, field qualifications, production start-up, and trial slabs. He has experience installing signs, krail, and striping during both day and night shift work.
RELEVANT EXPERIENCE
RECHE VISTA DRIVE REALIGNMENT, MORENO VALLEY
Special Inspector / Technician | Mr. Riley served as Special Inspector / Technician for the $4 million project in Moreno Valley realigned Reche Vista Drive so it extended straight to Perris Boulevard, replacing a winding leg of the road that now ends at Heacock Street. RMA Group provided professional construction materials testing and geotechnical services.
CACTUS AVENUE AND OTHER ROADS, SAN BERNARDINO
Special Inspector / Technician | Mr. Riley served as Special Inspector / Technician for the Cactus Avenue and other roods project.RMA Group was chosen to provide Inspection and Material Testing during the construction of Cactus Road Project.
CALTRANS CONTRACT 08-0Q75U4 ROUTE 60 IMPROVEMENTS, RIVERSIDE/SAN BERNARDINO COUNTIES Special Inspector / Technician | Mr. Riley served as Special Inspector / Technician for Caltrans Contract 08-0Q75U4 Route 60 project. Services included Rapid Strength Concrete, Lean Concrete Base - Rapid Setting, and Lean Concrete Base production for the project in accordance with the requirements of the special provisions.
I-15 EXPRESS LANES , RIVERSIDE COUNTY
Special Inspector / Technician | Mr. Riley served as Special Inspector / Technician for the I-15 Express Lanes project. The $471 million project added 15 miles of tolled express lanes in the median of Interstate 15 between Route 60 in Jurupa Valley/Eastvale and Cajalco Road in Corona. Louis provided quality control testing of the hot mix asphalt A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 38 BRANDON BUFFALO
LEAD FIELD MATERIAL TECHNICIAN
CERTIFICATIONS
ICC Soils
ICC Structrual Steel and Bolting
ICC Structural Welding
ICC Reinforced Concrete
ICC Structural Masonry
ICC Master of Special Inspection
ACI Concrete Field Testing Technician -
Grade 1
Nuclear Gauge Certified
Caltrans Proficiencies: 105, 125, 231, 504,
518, 539, 540, 543, 556, 557
PROFILE
Mr. Brandon Buffalo is an ICC-certified Special Inspector with more than five years of experience in inspections and construction related experience. Brandon is especially proficient in soils inspection and testing.
He has provided services ranging from general inspections to complex special inspections on projects including residential and commercial construction, hospitals, schools, airports, water pipelines and treatment plants, desalination plants, and multiple highway and transportation projects in Caltrans Districts .
RELEVANT EXPERIENCE
RECHE VISTA DRIVE REALIGNMENT, MORENO VALLEY
Special Inspector / Technician | Mr. Buffalo served as Special Inspector / Technician for the $4 million project in Moreno Valley realigned Reche Vista Drive so it extended straight to Perris Boulevard, replacing a winding leg of the road that now ends at Heacock Street. RMA Group provided professional construction materials testing and geotechnical services.
NASON STREET IMPROVEMENTS, CACTUS AVENUE TO FIR AVENUE, MORENO VALLEY Public Works Technician | Mr. Buffalo was responsible for providing compaction testing of the asphalt pavement used for this project. The Nason Street Improvement project involved the widening of approximately 2 miles of Nason Street from Cactus Avenue to Fir Avenue. The improvements include pavement rehabilitation, raised medians, sidewalks, bike lanes, traffic signal systems at the intersections of Hospital Road, Alessandro Boulevard, Cottonwood Avenue, Dracaea Avenue, Eucalyptus Avenue, and Fir Avenue, street lighting system, and installation of traffic signal interconnect system.
DEVORE 15/215 INTERCHANGE IMPROVEMENTS , DEVORE
Special Inspector / Technician | Construction on the $208 million Devore 15/215 Interchange Improvements project involved retro-fitting several existing structures, construction of multiple new bridges and overpasses, drainage improvements, landscaping, communications and electrical systems improvements as well as construction of several MSE panel, soil nail, tie back and retaining walls.
LANDSIDE ACCESS MODERNIZATION (LAMP), LOS ANGELES
Special Inspector / Technician | Mr. Buffalo served as Special Inspector / Technician for the Landside Access Enabling (LAMP) project. LAMP includes several major elements, including a landside Automated People Mover (APM), a Consolidated Rent-A-Car (CONRAC) facility, multiple Intermodal Transportation Facilities (ITFs), and a comprehensive network of roadway improvements.
I-405 SEPULVEDA PASS WIDENING PROJECT, LOS ANGELES
Public Works Technician | Mr. Buffalo provided public works inspection and testing for this project that constructed improvements to a major transportation corridor in the Los Angeles County area. The I-405 Sepulveda Pass Widening Project involves the engineering, procurement and construction of 10-miles of HOV lane, freeway widening, realigning existing on- / off-ramps, removing and replacing three bridge structures, construction of approximately 23 each additional bridges and ramps, 18-miles of retaining and sounds walls and performing road improvements.
CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 39 DAVID PEREYRA
LEAD FIELD MATERIAL TECHNICIAN
LICENSES / REGISTRATIONS
ACI Concrete Field Technician - Grade 1
ICC Soils Special Inspector
ICC Reinforced Concrete Special Inspector
ICC Structural Masonry Special Inspector
Caltrans Testing Methods: 105, 106, 125,
201, 202, 205, 216, 217, 226, 227, 231, 504,
518, 521, 523, 524, 539, 540, 543, 556, 557,
AASHTO T11, AASHTO T27, AASHTO R47,
AASHTO R76, AASHTO T176, AASHTO T255,
AASHTO T329, AASHTO T335
PROFILE
Mr. David Pereyra started in the lab working on various ASTM / Caltrans testing involving materials such as soils, concrete, masonry, aggregate, asphalt, and steel. He had more than five years of lab experience then moved to the field. Since then, he has obtained multiple ICC and Caltrans certifications.
David’s transportation experience includes installing signs, krail, and striping during both day and night shift work.
RELEVANT EXPERIENCE
THE PARK TO PLAYA TRAIL- LA CIENEGA PEDESTRAIN OVERCROSS, CULVER CITY Field Technician / inspector | Mr. Pereyra serves as the Special Inspector for the Park To Playa Trail - La Cienega Pedestrain Overcross project. The Park to Playa Trail is a planned 13-mile regional trail that will connect a network of trails, parks and open spaces from the Baldwin Hills Parklands to the Pacific Ocean. RMA Group provided geotechnical soils and materials testing work included grading and observation, reinforced concrete inspection and materials testing, and welding.
CALTRANS CONTRACT 08-0Q75U4 ROUTE 60 IMPROVEMENTS, RIVERSIDE/SAN BERNARDINO COUNTIES Special Inspector / Technician | Mr. Pereyra served as Special Inspector / Technician for Caltrans Contract 08-0Q75U4 Route 60 project. Services included Rapid Strength Concrete, Lean Concrete Base - Rapid Setting, and Lean Concrete Base production for the project in accordance with the requirements of the special provisions.
I-15/SR-91 EXPRESS LANES CONNECTOR, RIVERSIDE
Special Inspector | Mr. Pereyra served as Special Inspector for the I-15/SR-91 Express Lanes Connector project. The connector is designed to provide a seamless transition between these Riverside County tolling systems for reliable, convenient travel for Eastvale, Jurupa Valley, Norco, and Corona motorists and express buses. The project also will add an outside lane on eastbound 91 from I-15 to the Promenade overcrossing. RMA Group’s scope of work includes a Quality Control Plan in accordance with the Contractor’s quality policy, quality objectives, organizations, construction quality management plans, quality processes and procedures, work instructions, and quality records management.
RAYMOND AVENUE GRADE SEPARATION, FULLERTON
Special Inspector | Mr. Pereyra served as Special Inspector for the Raymond Avenue Grade Separation Project. RMA Group’s scope of work included preparing a quality control program, performing field materials testing, and inspection for quality control of earthwork (backfill), aggregate base, asphalt concrete, portland cement concrete, welding, and laboratory testing for qualification and production of soils / aggregates / concrete / asphalt / steel materials.
CALTRANS ROUTE 60 & 710 - AGGREGATE BASE , LOS ANGELES COUNTY Special Inspector | Mr. Pereyra served as Special Inspector for the Route 60 & 710 project for Caltrans. Services provided included quality control testing of the aggregate base production in accordance with special provisions. David obtained samples, tested for compaction, and perfomred laboratory testing on the project. The project included 67 regular consecutive weekday production shifts including nightwork and installation of signs, krail, and striping.
CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 40 ALEXANDREA STIGALL
LEAD FIELD MATERIAL TECHNICIAN
CERTIFICATIONS
ICC Spray Applied Fire Proofing
ICC Reinforced Concrete
ICC Soils
ICC Soils Codes Module
ICC Soils Plans Module
ICC Reinforced Concrete Codes Module
ICC Reinforced Concrete Plans Module
ICC Structural Masonry
ICC Structural Masonry Codes Module
ICC Structural Masonry Plans Module
ICC Prestressed Concrete
ICC SI Prestressed Concrete Codes Module
ICC Prestressed Concrete Plans Module
AASHTO: T11, T27, R47, R76, T166, T176, T209,
T248, T255, T269, T275, T308, T329, T335
Caltrans: 105, 125, 201, 202, 205, 216, 217,
226, 227, 229, 504, 518, 539, 540, 543, 556,
557
ACI Concrete Field Testing Technician - Grade I
PROFILE
Ms. Alexandrea Stigall has been with RMA Group for nearly 5 years.
Since then, Alex has obtained multiple ICC and Caltrans certifications.
She is quick to provide advice from the experience that she has gained and highly motivated to work as a team member or independently to meet deadlines. Alexandrea has a willingness to learn and know all facets of the project at hand.
RELEVANT EXPERIENCE
SOUTH LASSELLE STREET SAFETY COORIDOR STREET IMPROVEMENT, MORENO VALLEY Field Technician / Inspector | Ms. Stigall serves as Special Inspector for the South Lasselle Street Safety Cooridor Street Improvement project. RMA Group has provided inspection and testing services during subgrade prepera tion and the installation of high-friction surface treatment, per the project plans and specifications.
CACTUS AVENUE AND OTHER ROADS, SAN BERNARDINO
Field Technician / Inspector | Ms. Stigall serves as Special Inspector for the Cactus Avenue and other roods project.
RMA Group was chosen to provide Inspection and Material Testing during the construction of Cactus Road Project.
SB1 MINOR S TREETS SV 20-04, SI MI VALLEY
Field Technician / Inspector | Ms. Stigall serves as Special Inspector for the SB1 Minor Streets SV 20-04 Project.
RMA Group provided materials testing of asphaltic concrete used in the construction of private roadway and parking area improvements and materials testing of the slurry seal used in the construction of public roadway and parking improvements.
CALTR
ANS ROUTE 60 & 710 - RAPID STRENGTH C ONCRETE, LOS ANGELES COUNTY Field Technician / Inspector | Ms. Stigall serves as Special Inspector for the Route 60 & 710 project for Caltrans. Services provided includes quality control testing of the r apid strength concrete (RSC), structural concrete (SC), lean concrete base - rapid setting (LCB-RS), and lean concrete base (LCB) production in accordance with special provisions. Alexandrea obtained samples and tested concrete and aggregates in the field. The project included approximately 14,900 cubic yards of LCB, 18,200 cubic yards of LCB-RS, 60,000 cubic yards of JPCP-RSC, 780 cubic yards of ISR-RSC, and 650 cubic yards of SC. The project includes nightwork and installation of signs, krail, and striping.
CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 42 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
LICENSES AND LABORATORY CERTIFICATIONS
SLAWEK DYMERSKI LICENSES
JOHNNY RODRIGUEZ CERTIFICATIONS
Johnny Rodriguez
CAPM® Number: 2975722
CAPM® Original Grant Date: 18 January 2021
CAPM® Expiration Date: 17 January 2024
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 43 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
LICENSES AND LABORATORY CERTIFICATIONS
JOHNNY RODRIGUEZ LICENSES CONTINUED
LOUIS RILEY CERTIFICATIONS
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 44 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
LICENSES AND LABORATORY CERTIFICATIONS
LOUIS RILEY CERTIFICATIONS CONTINUED
BRANDON BUFFALO CERTIFICATIONS
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 45 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4
LICENSES AND LABORATORY CERTIFICATIONS
BRANDON BUFFALO CERTIFICATIONS CONTINUED
DAVID PEREYRA CERTIFICATIONS
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 46 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 SIAD: Certificates for Alexandrea Stigall
Please verify tester certification by visiting SIAD website: https://sia.dot.ca.gov/