May 21, 2024, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT
May 21, 2024
Honorable Mayor and Members of the City Counc» i J
Robert Manis, Director of Development Services rt
Alex Ubaldo, P.E., Principal Civil EngineerjQ
858-668-4602 or [email protected] (!:-
City of Poway
CITY COUNCIL
Second Extension of the Fiscal Year 2021-22 Street Overlay Project Contract for the Fiscal Year 2023-24 Street Overlay Project with Hazard Construction ENGR, LLC, Bid No. 22-011, Approval of Consultant Agreement for Construction Management Services with Reddy Engineering Services, Inc., RFP No. 24-019, and Determination the Project is Categorically Exempt from the California Environmental Quality Act.
The Fiscal Year (FY) 2023-24 Street Overlay project consists of removal and replacement of asphalt concrete within select streets needing repair in pavement management Zone 7. On May 17, 2022, the FY 2021-22 Street Overlay project was awarded to Hazard Construction ENGR, LLC. The contract includes a provision that allows for the contract to be extended. This is the second of two allowable extensions.
Recommended Action:
It is recommended the City Council:
1) Award the second extension of the FY 2021-22 Street Overlay project contract for the FY 2023-24 Street Overlay project to Hazard Construction ENGR, LLC, in the amount of $2,202,010.20 and authorize the City Manager to execute the contract (Attachment A); 2) Award the construction management services contract to Reddy Engineering Services, Inc., in the amount of $169,648.00 and authorize the City Manager to execute the contract (Attachment B); 3) Approve an increase in estimated TransNet revenue in the amount of $700,300.00 and appropriate those funds for the FY 2023-24 Street Overlay project (ST028); 4) Appropriate additional funds in the amount of $600,000.00 from the Road Maintenance and Rehabilitation Account (RMRA) funds (2120), available fund balance for the FY 2023-24 Street Overlay project (ST028); and
5) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).
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May 21, 2024, Item #5
Discussion:
Hazard Construction ENGR, LLC successfully executed and completed both the FY 2021-22 Street Overlay project in pavement management Zone 5 and the FY 2022-23 Street Overlay project in pavement management Zone 6. For this second and final extension to the contract, new unit prices were submitted as required by the contract documents. The new unit prices have been reviewed and accepted by staff. The scope of work is consistent with last year's scope and the unit prices remain competitive and are within the expected escalation rates. All other provisions of the FY 2021-22 Street Overlay contract will remain in effect.
The scope of this year's project consists of asphalt cold milling, asphalt patching, and pedestrian access ramp removal and replacement. The work will be performed on the arterial and collector streets in the South Poway Business Park in pavement management Zone 7 (see Attachment C). This work has been coordinated with the FY 2024-25 Street Maintenance project also occurring in Zone 7, which will follow immediately after the Street Overlay project.
The Second Amendment to the contract is attached (see Attachment A); however, due to the length of the full contract, not all referenced attachments are included. The complete contract is available for review with the Development Services Department.
Construction Management Services
The construction management of the street overlay project is normally performed by in-house staff.
However, due to a retirement and the recent resignation of staff who have the expertise and experience to perform this work, retaining an experienced consultant to provide construction management services was determined to be the best solution in order to not delay the project. The construction management contract will be covered entirely by Trans Net and RMRA funds.
Staff recommends the award of a construction management services contract in the amount of $169,648.00 with Reddy Engineering Services, Inc. (RE Services). On April 1, 2024, the Development Services Department issued a Request for Proposal (RFP No. 24-019), to provide construction management, inspection, and material testing services for the FY 2023-24 Street Overlay project. The City received proposals from four consulting firms. After evaluating and scoring the proposals, staff concluded that RE Services is the most qualified consultant for this project. RE Services presented a team with substantial experience providing similar pavement construction management and inspection services throughout San Diego County.
Environmental Review:
The proposed asphalt/concrete pavement rehabilitation of existing City streets with the FY 2023-24 Street Overlay project is Categorically Exempt from CEQA as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use.
Fiscal Impact:
This project is funded primarily with TransNet funds and supplemented with RMRA funds. TransNet funds are generated by a half-cent sales tax approved by San Diego County voters to fund 2 of 29
May 21, 2024, Item #5
transportation projects in San Diego County. RMRA funds are generated from Senate Bill 1 (SB1 ): Road Repair and Accountability Act of 2017 and are used for basic road maintenance, rehabilitation, and critical safety needs on both the state highways, and local streets and road systems. This project was identified and included in both the TransNet and SB1 List of Projects, which were adopted at the May 7, 2024, City Council meeting. With the recommended appropriations included in this report, there are sufficient funds in the FY 2023-24 Street Overlay project account (ST028) to cover the construction costs of the project. The construction management contract is also fully funded by Transnet and RMRA.
Public Notification:
None.
Attachments:
A. Second Amendment to the Contract
B. Construction Management Services Contract
C. Zone 7 Location Map
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
May 21, 2024, Item #5
SECOND AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF POWAY AND
HAZARD CONSTRUCTION ENGR, LLC
10529 Vine Street
Lakeside, CA 92040
This Second Amendment to Contract (the "Second Amendment") is made effective May 22, 2024, by and between the City of Poway, a municipal corporation (the "City") and Hazard Construction ENGR, LLC, a California corporation (the "Contractor") to extend the term of that certain City of Poway Unit Price Contract to the 2021-2022 Street Overlay Project dated May 18, 2022 (the "Contract").
RECITALS
A. The City and Contractor entered into the Contract for a term that began on May 18, 2022, and which was originally to expire on June 27, 2022.
B. Under the conditions of the 2021-2022 Street Overlay Project Special Provisions, Section 2-15, Contract Length, the parties by mutual consent, can extend the agreement by up to two (2) one-year periods.
C. The City and Contractor entered into the First Amendment for a term that began on May 6, 2022 and expired on June 30, 2023.
D. The parties now wish to extend the term of the Contract to December 31, 2024.
NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows:
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1. For the period of July 1, 2023, through December 31, 2024, the title of the project shall be changed from the "2021-2022 STREET OVERLAY PROJECT" to the "2023-2024 STREET OVERLAY PROJECT," (the "2023- 2024 Project"). Except for work to cure any defaults in work performed under the Contract during its initial term, all work to be performed between the effective date and expiration date of this Contract extension shall be for the 2023-2424 Project.
2. The Construction Contract for the 2023-2024 Project, attached to this Extension as Attachment 1, shall apply to all work performed for the 2023- 2024 Project.
3. The Bonds for Material and Labor and for Faithful Performance, attached to this Extension as Attachments 2 and 3, respectively, shall apply to all work performed for the 2023-2024 Project.
4. The Guaranty for the 2023-2024 Project, attached to this Extension as Attachment 4, shall apply to all work performed for the 2023-2024 Project.
5. The Worker's Compensation Insurance Certificate dated _____ , attached to this Extension as Attachment 5, shall apply to all work performed for the 2023-2024 Project.
ATTACHMENT A
May 21, 2024, Item #5
Second Amendment
Hazard Construction ENGR, LLC
6. The Unit Price Proposal for the 2023-2024 Project, together with the Bid Schedule, collectively attached to this Extension as Attachment 6, shall apply to all work performed for the 2023-2024 Project.
7. The List of Subcontractors for the 2023-2024 Project, attached to this Extension as Attachment 7, shall apply to all work performed for the 2023- 2024 Project.
8. The Worker Classifications for the 2023-2024 Project, attached to this Extension as Attachment 8, shall apply to all work performed for the 2023- 2024 Project.
9. The Non-Collusion Affidavit for the 2023-2024 Project, attached to this Extension as Attachment 9, shall apply to all work performed for the 2023- 2024 Project.
10. The Asphalt Quantity Table for the 2023-2024 Project, attached to this Extension as Attachment 10, shall apply to all work performed for the 2023- 2024 Project.
11. The Addendum to Sections 4 and 7.4, Vicinity Maps, and Construction Details for the 2023-2024 Project, attached to this Extension as Attachment 11, shall apply to all work performed for the 2023-2024 Project.
Except as otherwise expressly provided above, all the provisions of the Contract between the City of Poway and Hazard Construction ENGR, LLC, effective May 22, 2024, as extended by the second amendment, shall remain in full force and effect.
IN WITNESS WHEREOF the parties have caused the Contract to be executed as follows:
BY: DATED
Jason A. Mordhorst
President
Hazard Construction ENGR, LLC
BY: DATED
Chris Hazeltine
City Manager
City of Poway
ATTEST: DATED
Carrie Gallagher
City Clerk
City of Poway
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May 21, 2024, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 22nd day of May, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and REDDY ENGINEERING SERVICES, INC., (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform construction management services for the Fiscal Year 2023-24 Street Overlay Project (Project); WHEREAS, Consultant is a construction management consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City.
Termination for cause shall be effected by delivery of written notice of termination to Consultant.
Such termination shall be effective upon delivery of said notice. 6 of 29 ATTACHMENT B
May 21, 2024, Item #5
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 7 of 29 2
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"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 8 of 29 3
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(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
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(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 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 Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 10 of 29 5
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Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration.
Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 11 of 29 6
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Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:------------
Alan Fenstermacher, City Attorney
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REDDY ENGINEERING SERVICES, INC.
By:------------
Vinay Reddy, P.E. QSD
Date: ___________ _
8 May 21, 2024, Item #5
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the construction management services further described in the Scope of Work submitted with the proposals dated April 24, 2024 which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein.
Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated April 24, 2024, which are included in this document as Attachment 2.
Total fee is not to exceed One Hundred Sixty-Nine Thousand Six Hundred Forty-Eight ($169,648). Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall commence and be effective as of May 22, 2024 ("Effective Date"), and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 14 of 29 1
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following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
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City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
Reddy Engineering Services, Inc.
3160 Camino Del Rio South, #103
San Diego, CA 92108
May 21, 2024, Item #5
Attachment 1
Construction Engineering/Contract Management Services
For our first of what we hope will be many construction management tasks delivered for the City of Poway, we are providing Eric Tallarita, PE, CCM, and Nate Wright, CMIT, for the roles of Project Manager and Project Inspector, respectively. Both Eric and Nate offer expertise in project management, asphalt concrete/patch repair, construction inspection, and quality control. In the role of Project Manager, Eric will be the primary point-of contact for the City and will ensure the project is completed on time, within budget, and to the required quality standards outlined in the contract documents.
Based on our past experiences, we created the RE
Services Top 5 Program Goals to adva nee the City's
FY 2023-24 Street Overlay Project. To achieve the
Top 5 Goals, our construction management services
approach uses best practices from similar scopes of
work throughout the region, including the City of
Encinitas, County of San Diego, and City of Chula Vista. 2 Quality Meet all contract quality and material
standards following the City of Poway's QAP
Budget Return a portion of contract
3 contingency by change control management
4 Schedule Complete the project on time
5 Outreach Develop a positive public perception
RE Services will provide comprehensive construction
engineering services, including the management
and administration of the construction contract. This
involves overseeing all aspects of the construction
management services to ensure compliance with
specifications, schedules, and budgetary constraints.
Collaborative project solutions
Often with maintenance resurfacing projects,
detailed scopes of work are initiated to resolve an
outreach item or part of an agreement between
agencies. Having the time to review these conditions
with the designer and City, prior to bid, will help
unify the City Pavement Management Team, and
provide Hazard with a clear understanding of how
the contract should be enforced.
• RE SERVICES 16 () 291St1X:t11-,~~1u.'-"S.:.tn:ucnn:nm Drawing from our experience on prior projects, RE
Services actively contributes during preconstruction
phases. Our pavement condition cost-benefit analysis
consistently suggests that transitioning asphalt
treatments from patch repairs to full-width mill and
inlays is more economically viable. This approach
mitigates the need for costly patch repairs or suggests hybrid methods. For instance, on for the City of Chula
Vista, we advocated for converting the original hybrid
inlay and slurry approach to a full-width mill and
inlay along H Street. Despite a slight cost increase, this decision significantly extended the projected lifespan
of the road segment by 15 years while eliminating
potential maintenance weak spots and seams.
Sustainable Pavement Solutions
Our team recently played a pivotal role in advancing
the sustainability agenda of the County of San
Diego. We provided Construction Management (CM)
support for county-wide slurry seal improvements,
a contribution that earned us the 2023 Honor
Award in the Sustainable/Green category.
Collaborating closely with County staff and the
Building Better Roads group, we successfully
implemented treatments using both virgin and
Recycled Asphalt Pavement (RAP) chip and
slurry seal methods across diverse climates.
Safety
Our team boasts extensive experience with Cal OSHA
regulations. At RE Services, prioritizing safety is ingrained in every aspect of our construction process, from kicking off our construction meetings to field observations/
inspections. We ensure the proper utilization of Personal May 21, 2024, Item #5
@ff?
-
City of Poway RFP 24-019
Construction Management Services for
Fiscal Year 2023-24 Street Overlay Project
Protective Equipment (PPE) at all times. Recognizing
that neglecting PPE not only compromises safety but
also detracts from the project's overall quality and
reputation, we uphold stringent standards to maintain a safe and professional work environment. A staple of the RE Services construction meetings, field meetings, and
inspections are the proper use of Personal Protection
Equipment (PPE). Not only does improper PPE ruin
project award-winning photos, but this unsafe practice
does little to promote confidence with other aspects of the project, such as quality.
Familiarity with State and Local Procedures
The RE Services team is extremely knowledgeable
regarding industry-wide and local construction
management procedures. Our team, through our
experience delivering contracts with clients throughout the County of San Diego, is well-versed in the Greenbook Specifications for Public Works, the State General
Construction Permit, San Diego Regional Water Quality
Control Board Regulations, the State of California Public Contract Code, and the California Coastal Commission
regulations. We also possess expertise in Contract
Change Order processes, construction schedule analysis, interpreting and enforcing San Diego Regional Standard
Drawings and San Diego County Design Standards,
providing detailed daily reports and other reporting, and maintaining the Caltrans filing categories and system
using cloud storage.
RE Services has also worked successfully with other
local agencies such as Caltrans District 11, SAN DAG,
the County of San Diego, and the City of Chula Vista,
and is familiar with the Caltrans Construction Manual,
Caltrans Standard Plans and Specifications, California
MUTCD, and more. Our team members have a strong
understanding of these manuals and standards and
successfully utilize them, as well as quickly adapt to
new standards and systems, to manage each project.
Our familiarity with state and local procedures in
addition to our technical savvy and commitment to
digital innovation allows us to be efficient, agile, and quick to provide recommendations to City staff or to
provide additional information quickly to allow for
presentation of all data for an educated decision.
Preconstruction and Weekly Meetings
RE Services will organize and facilitate a
preconstruction meeting to ensure alignment among
project stakeholders, taking the opportunity to set
contractual expectations with the Hazard team.
Additionally, we will conduct weekly progress meetings
to review project status, discuss any issues or concerns, and coordinate upcoming activities. RE Services will
take the initiative to host the construction meetings,
beginning with the preconstruction meeting, an
opportunity to calibrate expectations for the contractor and stakeholders and align them with the important
aspects of the contract documents.
Submittal Review
RE Services will review and accept contractor
submittals to ensure compliance with project
specifications and requirements. Eric will leverage his experience serving as office engineer for large projects to diligently:
Receive, log, and review all submittals, RFls, and
change order requests
Compare all items to the contract documents and
involve the City PM and designer, as needed
Work with Kleinfelder to review the AC mix and
concrete mix designs
Track and process weekly statements of working
days for the project file and dissemination to
stakeholders
Management of RFls
RE Services will manage the RFI process, including
tracking, reviewing, and coordinating responses to
ensure timely resolution of inquiries.
Schedule Coordination
We will develop a methodology of how Hazard can
accomplish the work. This will ensure a thorough
examination of the Special Provisions sequencing
restrictions and parameters, including traffic control
conditions, school zones, as well as unique traffic
volumes on certain road segments during holidays.
The document will serve as a partnering tool to help
Hazard plan their schedules, and to better understand
our expectations for returning a quality deliverable
during the construction submittal process.
@ff?
@ff?
May 21, 2024, Item #5
City of Poway RFP 24-019
Construction Management Services for
Fiscal Year 2023-24 Street Overlay Project
Reporting
RE Services will provide regular reports, including
daily, weekly, and monthly updates, documenting
project progress, issues encountered, and any
necessary actions taken. Project photo documentation
will be included to visually track progress. We will act as an extension of your staff, providing the information you need, when you need it. We will continue to
provide weekly construction reports at a high level of
detail showcasing the key events of that week so City
Management feels engaged on weekly developments
and nonconforming activities.
Field/Construction Inspection
Inspection I As an extension of Eric, Nate will be
responsible for full-time field inspection. His experience performing as Field Operations Pavement Manager at
County of San Diego and his role as lead inspector on
the recent City of Encinitas CS23A project make him
the ideal candidate. He will track Hazard's progress and document labor, equipment, and materials in a thorough
daily diary. Nate will obtain sign-off on an agreed-
upon quantity report each day with the contractor, an
excellent tool to avoid quantity discrepancies.
Traffic Control I Maintaining safe access to pedestrian and vehicular traffic is essential to delivering a safe project. We will review traffic control plans against the contract documents, including the regional standards,
and we will work with the contractor to ensure
contingency plans are in place for each road segment
and stakeholders affected. We will also ensure that
Hazard complies with the working hours allocated in
I RE SERVICES 18 C)j 9'.i!J:\ICTrN11J.\IO.r!ffiLU.\!Pl.!.lJ'l:J,lO'lnGU'1 the contract and coordinate cutoff tonnages so no open
cuts exist prior to leaving the site. Any deficiencies will be documented as field memorandums and/or issued
as letters of non-conformance and will be reviewed at a subsequent construction meeting.
Road Reviews I RE Services relishes the opportunity to
perform preconstruction services prior to issuing the
plans for construction. We propose beginning with
what we call "road reviews."This process includes
review of95% PS&E and documenting existing
conditions with photos and videos, performing
quantity takeoffs, identifying discrepancies in the
contract, and noting any issues that City maintenance
should be aware of such as those identified in the
Zone 7 Overlay Map included below. We will drive
each roadway with a GoPro attached to the dash,
creating an all-encompassing preconstruction record
of the road segment just prior to construction. This
data is used often on these types of projects to
help settle disputes with the contractor on existing
conditions.
Plant Observation
Kleinfelder will sample and test asphalt plant
operations to ensure compliance with specifications
and QAP.
Material Testing Services
RE Services will review the contract documents to
ensure that all requirements are clearly understood
and adhered to. We wi II spot check document
controls such as submittals and RFls throughout the
May 21, 2024, Item #5
~
N
City of Poway RFP 24-01 9
Construction Management Services for
Fiscal Year 2023-24 Street Overlay Project
\0 RE Services Road Review Map (Zone 7)
Wing will exceed 10%, max
SDRSD G-27 A note 3 allows wing to be extended up to 15' to achieve 1:10 slope. At this location, we will extend left wing'Z'dimension to 1 0'to account for running slope.
Drawing from our experience with over 850 ADA-compliant curb ramps, we concentrate on critical tie-in points to create less steep Benefit ramps that meet ADA guidelines. This foresight allows us to foresee pofential issues, ensuring a smooth transition between pedestrian paths and a safe, accessible environment.
~
Existing Traffic Signal Induction Loops
will be destroyed during patch repairs
Our crews will work with Poway Signals
Maintenance to replace loops and issue
a change order to Hazard for work not
identified in the contract items.
3" Mill and Fill AC
Surroundin_g_ Valve Clusters
3• Mill and Fill Intersection
(Night Wmk Upon Request)
ti !
·-.~\
__ . .// -. --1-~ .
. j,
'oll!, ufi'.J
3"Milland Fil!
WB Lanes of Intersection
(Night Wo1 k Upon R~uest)
Challen e There appears to be an unmarked utility manhole based on 9 failure size and shape.
Solution Our crews will mark out and work with Poway Utility coordinator to identify possible utility and adjust in contract.
RE Services detects unmarked utilities in roads, providing benefits like cost savings from avoiding repairs and keeping projects on schedule. We collaborate with local utility Benefit agencies for better coordination and risk management. 3"Milland fill
Intersection limit to
This enhances resource efficiency and prolongs your road constructions' lifespan.
Limit on Minors St1eet
ProJ~ct t·!o1ifKt'lt1on Sign Identifying and planning for potential scope changes enhances transparency
in project management. It promotes
clear communication, efficient resource
allocation, timely decisions, and effective
risk management, leading to streamlined
project execution.
?ro;e-:t \otlfit.:Jtion ~i;n / Pedestrian Ramp Upgrades See Appendix B (Typ)
3"Thick Mill and Fill Asphalt Patches tf9t1 /1 Jll1C lnwr~';;(l 011 See Asphalt Quantity Table (Costco Gas Station En11ance, Appendix F (Typ) Night Work Upon Request)
G> Project Information Sign Location
Project ID Signs must be visible and placed in a safe location. They are often Challenge overlooked by Construction but play an important role in Outreach and Communication.
Solution Our crew~ will propose locations to Poway to review and concur and issue to construction.
RE Services will boost Poway City's safety and communication by ensuring safe and visible project signage. This not only alerts the public about construction Benefit and possible safety risks but also shares crucial project details like purpose, duration, and funding source. This approach aims to enhance transparency, foster community understanding, acceptance, and involvement.
Locations show rutting and surface distress/fatigue
cracking.
Solution Our crews will mark out and encumber funds from contingency to perform patch repairs shown.
Early marking by our crews allows for proactive problem solving, reducing potential delays and ensuring efficient Benefit use of resources. This foresight aids in maintaining a high standard of quality and care, ultimately resulting in durable and long-lasting road constructions ..
llH ~. !i~~s~~LS~~ ----- -=== = ==:--------====---=--- r,;- -·· May 21, 2024, Item #5
@ffe
City of Poway RFP 24-019
Construction Management Services for
Fiscal Year 2023-24 Street Overlay Project
project, participate in weekly meetings as necessary,
and facilitate the preconstruction meeting for the
project and the paving preconstruction meeting
prior to asphalt work. Eric and Kleinfelder will review all Greenbook mix design submittals, and review all
test reports including any non-conformance testing
outside of contractual compliance.
Our team is familiar with Green book and Caltrans
material sampling and testing requirements. During
the submittal review process, we develop and attach
a work plan to our submittal response that identifies
relevant contract specifications, including material
testing methods, frequencies, and tolerances, to
ensure that the work performed by the contractor
meets the quality standards of the contract. These
work plans are also provided to the project inspectors
and to our material testing subconsultant, Kleinfelder, as a form of quality assurance. For big scope items
like asphalt concrete and patch repairs, we hold a
pre-paving meeting with the contractor, our testing
subconsultant, and our CM team to discuss the
Quality Assurance Plan
Kleinfelder will assist RE Services in developing
a project specific Quality Assurance Plan that
conforms to the City of Poway's Quality Assurance
Program (QAP) dated 2020, and the contract
documents. RE Services and Kleinfelder have a
proven track record of working as a cohesive
construction management and testing team
on projects like City of Encinitas FY22-23
Citywide Street Overlay and Slurry Seal
Project, City of Chula Vista's RMRA Major
Pavement Rehabilitation FY19/20, Countywide
Asphalt Overlay Projects FY19/20, 20/21,
21 /22, and Slurry Treatments Project FY 21 /22.
operation, the testing schedule, and risk items.
Example testing requirements we will offer in our
QAP to be presented prior to construction:
Field Testing/ Compaction testing by nuclear method
(CT37S), HMA sampling (CT 125), cores to determine
I RE SERVICES 20 ()f; 29,mu:rv111.1..v.c.u-0011J.\ll'S.t.l."1:U0111cutt specific gravity and density (if requested) (ASTM
D2726), Concrete slump test (ASTM Cl 43), strength
(ASTM C39), and aggregate sampling (ASTM D75);
Admixtures and set agents accepted by Certificate of
Compliance (COC).
Laboratory testing/ Asphalt, Soil maximum density/
optimum moisture curves by ASTM D1557 method
or CT 216 method, Sieve analysis per ASTM D422,
Fines wash per ASTM Dl 140, Hamburg Wheel Track
(AASHTOT324), Asphalt Moisture Content (CT 370),
HMA Compaction (CT 304), AC HVEEM Max Density
(CT 375), Marshall Max Density (ASTM D6926),
Stabilometer (CT366).
Eric will work with Kleinfelder's management to collect testing results in a timely manner and communicates
the results to the City and contractor. Nate will also
communicate with Kleinfelder's field technicians to
identify testing issues as construction progresses.
At the end of the project, we will issue a materials
certification form (see attachment 2) that confirms
control of materials for the contract.
Measurement of Quantities
Quantity Database / RE Services is developing table
logs per road segment, breaking down each segment
of detail provides clear communication to City staff ~
according to the affected contract item. This level @ffe and the contractor to communicate the engineer's \;;I.
estimate and actual quantities. Creating these tables
prior to construction will achieve cost certainty and
ensure prompt payment to the contractor when the
team has signed daily Q-Sheets from both parties after
each shift.
Item Adjustment Tracking/ After verifying the
database and anticipated quantities, we will identify
contract items that may be subject to adjustment. Our
inspectors and construction managers will diligently
track the effort expended on contract items to make ~"'=' adjustments upon completion of work. ~
On CS23A, Eric developed a quantity tracker that
breaks out the engineer's estimated quantities
by road segment. We will use this information
to tentatively agree on daily quantities with the
contractor to eliminate disputes during progress
payments and Proposed Final Estimate (PFE).
May 21, 2024, Item #5
City of Poway RFP 24-019
Construction Management Services for
Fiscal Year 2023-24 Street Overlay Project
Managing Change Orders
RE Services will manage the change order process,
including reviewing and processing change order
requests and requests for extra work.
Review and Approval of Progress
Estimates
RE Services will review and approve progress estimates
submitted by the contractor to ensure accuracy
and compliance with project requirements. We will
monitor the project schedule and budget closely to
ensure that the project is completed on time and
within budget. Contractor pay estimates will be
accompanied with a Fiscal Accounting of Financial
Contingency (FAFC) form identifying the projected
remaining funding based on item adjustments and
change orders. Monthly task order invoices will be
supplemented with burn rate tables indicating the
remaining task order balance so both parties can
proactively manage task order budgets, and eliminate
surprises if/when a task order amendment is needed.
Our staff identifies potential issues early and will work with the City and contractor to develop solutions
that minimize impacts on the project schedule and
budget. Both Eric and Nate are skilled at reviewing
contractor CPM schedules, which we will use to track
progress, forecast budgets, and hold the contractor
accountable. On CS23A, despite resistance from the
contractor, Eric was able to convince the contractor
to provide a detailed baseline schedule that
included individual tasks for each road segment.
This level of detail in the schedule combined with
our understanding of production rates helped us to
identify logic flaws and work with the contractor to
revise the schedule.
As for our own task budgets, RE Services has never
overrun a program budget in our six-year history.
Processing Claims
RE Services will process any claims arising during the
construction process in accordance with the contract
terms and conditions. On the recent CS23A contract
with the City of Encinitas, Project Manager, Eric
Tallarita, PE, CCM provided robust claims defense for
various disputes, from contract time discrepancies to
item quantity discrepancies, safeguarding the City's
interests while minimizing schedule disruptions.
Preparation of Punch List for Final
Inspection
RE Services will prepare a detailed punch list of items requiring correction or completion prior to final
inspection and project acceptance. Eric and Nate will
engage City stakeholders to provide a quality finished
product. As a best practice, we issue punch lists for
phases of work as they are completed to give the
contractor a clear understanding of what will be
required prior to acceptance. For example, on CS23A,
the concrete curb ramps were completed a few weeks
into the project and we provided a comprehensive
punch list to avoid any issues associated with re
mobilizing the subcontractor at the end of the project.
Contract Close-out
RE Services will facilitate the close-out process,
including final inspections, documentation review,
and project acceptance. RE Services will issue a final
construction report (see Attachment 4) that debriefs
the contract documents as well as challenges and
solutions.
As-Built Drawings I Where applicable, we will track
red lines on our hard copy set of plans and use
Bluebeam to create an electronic set. Change orders
and RFls will be incorporated into the plan set to
reflect final conditions. We understand that the
pavement maintenance contracts often include
quantity tables and not plan sheets. We will provide
as-built quantity tables, updating the road segment
actual quantities and including type of treatment,
date of treatment, and material used, to issue to City
Maintenance at turnover. The final sets will be as-built stamped and signed by Eric to certify.
May 21, 2024, Item #5
-· ·-
City of Poway RFP 24-019
Construction Management Services for
Fiscal Year 2023-24 Street Overlay Project
Public Outreach
We exclusively partnered with Southwest Strategies, LLC (SWS), who will prioritize public outreach to address the complexity, schedule, and constantly changing work zone locations associated with the project.
Our proven strategy for public outreach includes:
1. Identify all stakeholders impacted by the project,
including local residents, businesses, community
organizations, schools, EMS, and elected officials;
create distribution list for communication.
2. Use multiple channels including project hotline
and email address, project business cards, signage,
message boards, door knocker notifications, and
public meetings to reach the widest possible
audience and establish multiple opportunities for
stakeholders to provide feedback.
3. Listen actively to feedback from stakeholders, take
concerns seriously, and collaborate with the City to
provide resolutions. Maintain a Stakeholder Inquiry
Log during construction to track the status of each
stakeholder contact from inception to resolution.
4. Communicate regularly to build trust and ensure
that stakeholders remain engaged, informed,
and satisfied. Use distribution list and other
communication channels to update stakeholders
on schedule changes and upcoming impacts.
Our PR team will work closely with f:!ome Depot and Costco to ensure proactive engagement to minimize disruptionto Povyay's high-tax-revenue tenants.
May 21, 2024, Item #5
~ I
•
Annual Budget
LABOR
"PROJECT INSPECTOR - COMPLIANCE
PRINCIPAL-IN- PROJECT MANAGER PROJECT INSPECTOR PREVAILING WAGE OUTREACH MATERIALS / PROJECT CHARGE (RESIDENT ENGINEER) PREVAILING WAGE (AS-NEEDED)" COORDINATOR TESTING CONTROLS RATE: $250.00 $208.00 $195.00 $195.00 $155.00 $35,146 $80.00 HOURS FEE
1. CONSTRUCTION MANAGEMENT ADMINISTRATION s
1.1 REVIEW CONTRACT DOCUMENTS/ ROAD REVIEWS 2 80 80 1 163 $32,895.00
1.2 PREPARE/ CONDUCT PRE-CONSTRUCTION MEETING 1 4 1 1 1 8 $1,627.00
1.3 PERFORM CONSTRUCTION MANAGEMENT AND
ADMINISTRATION 16 100 116 $24,800.00
2 PERFORM FIELD INSPECTION AND DOCUMENTATION 0 $-
2.1 INSPECTION 176 80 256 $49,920.00
2.2 PUBLIC INTERFACE 8 8 40 56 $9,424.00
2.3 DOCUMENTATION 40 40 $3,200.00
2.4 PUNCH LIST 16 16 32 $6,448.00
3. MATERIALS SAMPLING AND TESTING (See Attachment A) 1 0 $35,146
3.1 FIELD SAMPLING AND TESTING 0 s-
3.2 LAB TESTING 0 s-
4. COMPLETE REPORTS AND JOB CLOSEOUT 0 s-
4.1 FINAL REPORTS AND JOB CLOSEOUT 2 16 8 26 $5,388.00
TOTAL ESTIMATED SERVICES (25 WD): $5,250.00 $46,592.00 $56,355.00 $15,795.00 $6,510.00 $35,146.00 $3,200.00 697 $169,648.00 Notes: Estimate is based on project duration of 25 working days; Standard work week from Monday through Thursday, and every other Friday; 10% nightwork; Field Inspection shift consists of 8 hours. Exclusions: Additional effort in the form of longer shifts requiring overtime, extension of project duration due to issues such as problems with contract documents, right-of-way delays, permits, utility conflicts, unsuitable materials, or inefficiencies with the Contractor's operations are not considered within the estimate, and may require an amendment to the estimated budget .
Other Direct Costs:
1. Outreach Hotline (Monthly) $50.00
2. Project Business Cards; Includes Design and Production (2,500 Cards) $750.00
3. Vehicles (included within loaded rates)
* Public works projects or projects receiving public funds may be subject to Prevailing Wage laws. The Technical Staff Rates are assumed to be subject to prevailing wage determination SD-23-63-3-2023-20. fi11 B.~,.~~s~~LS,~Ei
$-
Annual Services Summary (3.5% Escalation): Project Budget CM+ Testing% Project 2024 $169,648.00 $1,800,000.00 9.4%
2025 (Option) $175,585.68 $1,800,000.00 9.8%
2026 (Option) $181,731.18 $1 ,800,000.00 10.1%
)> ..... .....
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May 21, 2024, Item #5
N :,.
0 ....
N
I.O
City of Poway RFP 24-01 9
Construction Management Services for
Fiscal Year 2023-24 Street Overlay Project
~ NFELDER
Attachment A
SUMMARY OF PROPOSED MATERIALS TESTING SERVICES FOR
~ Bright People. Right Solutions.
CITY OF POWAY: Construction Management Services for Fiscal Year 2023-24 Street Overlay Project (24-019) Reddy Engineering Services, Inc. (RE Services)
Quantity Unit Assumptions Rate
TASK 1. GEOTECHNICAL OBSERVATION & TESTING
A. Technician Observation and Testing Services During Construction Field Tester /Technician (Patch Repairs/Concrete)
Field Tester /Technician - Night Work (Patch Repairs)
Soil Maximum Density (ASTM Dl557/Proctor)
Hveem Stability (ASTM Dl 560)
Unit Weight, Hveem Method (ASTM Dl561)
Maximum Theoretical Specific Gravity (ASTM D2041)
Sand Equivalent (CT 217)
Durability Index, C&F (CT 229)
LA Abrasion, % loss (CT 211)
Soundness, assume 4 sizes (ASTM C88)
Sieve Analysis (ASTM C136)
Wet Track Abrasion (ASTM D3910)
Extraction Test (ASTM D6307, CT 382)
Slurry Seal Water Content
Ignition Oven Calibration
Cylinder Pickup
Concrete Cylinders
ESTIMATED SUBTOTAL-GEOTECHNICAL
TASK2
PROJECT MANAGEMENT, ADMINISTRATION, AND FINAL REPORT
Senior Materials Engineer
Project Manager
ESTIMATED SUBTOTAL
ESTIMATED TOTAL FEE
80 24
2 2
2 2
2 2
2 0
0 0
4 10
8 20
hrs Assume 10 visits at 6 to 8 hours each
hrs Assume 3 visits at 6 to 8 hours each
tests Assume 2 soil types
tests Assume 2 HMA types; pre-production
tests Assume 2 HMA types; pre-production
tests Assume 2 HMA types; pre-production
tests
tests
tests
tests
tests
tests
tests
tests
tests
hrs 2-pick ups
tests 5 cyls per set; assume 2 sets
hrs Engineering oversight, submittal review
hrs Field coord, Dispatch, Document Control
$179.40
$179.40
$305.00
$440.00
$390.00
$210.00
$190.00
$370.00
$240.00
$190.00
$200.00
$440.00
$200.00
$70.00
$440.00
$135.00
$42.00
$300.91
$170.00
Cost
$14,352.00
$4,305.60
$610.00
$880.00
$780.00
$420.00
$380.00
$370.00
$240.00
$380.00
$400.00
$0.00
$0.00
$0.00
$440.00
$540.00
$420.00
$2,407.28
$3,400.00
$24,920
$10,226
$35,146
**Please note: All services are invoiced on a portal to portal basis. Overtime services not specifically listed above will incur a multiplier of 1.5 times the rate shown.** fill B~.,.~~,!:Y!£~,~
* Public works projects or projects receiving public funds may be subject to Prevailing Wage laws. The Technical Staff Rates are assumed to be subject to prevailing wage determination SD-23-63-3-2023-2D. ~ 2
May 21, 2024, Item #5
RE Services is prepared to act as an extension of your team, advocating for cost and schedule certainty. Generally, our standard compensation method offers the City of Poway transparency in the services and pricing from RE Services. This ensures the City of Poway recognizes value in the compensation provided by RE Services, accounting for both the time and expertise of our staff and any direct expenses incurred during the project.
Hourly Billing Rate for Personnel
RE Services charges clients based on the
number of hours worked by our personnel
on a project. The hourly rate is dependent on
an individual member's level of expertise and
specialization. These rates are also established
by factors such as experience, qualifications,
and market rates for similar services. The
rates are derived from the AASHTO Uniform
Audit & Accounting Guide -For Audits
of Architectural and Engineering (A/E)
Consulting Firms, and certified by RE Services'
Public Accountant, Marc Herman.
Reimbursable Expenses
In addition to the hourly billing rates for
personnel, RE Services charges clients for any
reimbursable expenses incurred during the
project. Reimbursable expenses include costs
such as travel expenses, lodging, materials,
equipment rentals, subcontractor fees, and
other direct expenses incurred specifically for
the project defined as other direct cost. These
expenses are billed at cost, meaning the client
reimburses RE Services for the actual amount
spent on these items, often with a markup to
cover administrative costs.
Billing Process
The billing process for RE Services tracks the
hours worked by personnel and documents
all reimbursable expenses incurred during the
project. At monthly intervals, RE Services will
compile this information into an invoice for the
client. The invoice will detail the hours worked
by each personnel member, their respective
billing rates, and a breakdown of reimbursable
expenses. The total amount billed will be the
sum of the personnel hours multiplied by
their hourly rates, plus the total amount of
reimbursable expenses. Principal-in-Charge
Vinay Reddy, PE, will attach a burn rate sheet
detailing the remaining budget as it relates to
weekly statement of working days. If a budget
overrun (or underrun) is forecasted, Vinay
proactively works with the client to explain the
reasons for variance, and provide solutions to
address a budget amendment, if desired.
Payment Terms
Once the invoice is approved by the
client, a specified period such as 30 days
is provided, to make payment. RE Services
includes specific payment terms outlined in
our contract with the client, including late
payment penalties for overdue invoices. Vinay
follows up periodically with the client to
ensure no late payment is incurred.
As an added value to the City of Poway, RE Services' rates include vehicles and mileage, and assigns 0% markup on subconsultant tasks. RE Services offers cost-effective construction management solutions without compromising on quality. Our commitment to delivering high value ensures that your project receives top-tier expertise without cost overruns.
Overall, this standard method of compensation ensures that RE Services is fairly compensated for the services we provide, including both the time and expertise of our personnel and any direct expenses incurred during the project.
RE SERVICES 25 O~ 29ritnr.11:>~1U,W,t,u1u.1.,tr<.t&lf1Jt!tm~v..1 May 21, 2024, Item #5
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with May 21, 2024, Item #5
Cal
Gov
Code
§ 7522.56
a public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with this
requirement.
(2)A
retired
person
who accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(t)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
27 of
29 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar
.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph
, for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
ma
y establish
a process
to
delegate
appointing
authority
to
individual
state
agencies
, but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar
.
(C)For
employees
of
the
California
State
University
,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar
.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013
,
or
has
been
included
in
subsequent
agreements.
2 May 21, 2024, Item #5
Cal
Gov
Code
§ 7522.56
(4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214.
24214.5
or
26812
of
the
Education
Code
.
(i)This
section
shall
not
apply
to
(1)
a subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II
who
is
assigned
to
serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
§
15 (AB
340),
effective
January
1,
2013.
Amended
Stats
2013
ch
528
§ II
(SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 § 75
(AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476),
effective
January
1,
2015.
Annotations Notes
Amendments: Note-
Amendments: 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
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29 3
May 21, 2024, Item #5
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29 of
29 5,100
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