HomeMy WebLinkAboutAGENDA REPORT 2013 0717 CCSA REG ITEM 10K ITEM 10.K.
�',Uy Council Mae iinq
MOORPARK CITY COUNCILAUPO W-
AGENDA REPORT .-A44.4"
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
DATE: July 2, 2013 (CC Meeting of 07/13/13)
SUBJECT: Consider Agreement with Filippin Engineering, Inc. for Construction
Management and Inspection Services for the Widening of Los
Angeles Avenue Between Maureen Lane and Leta Yancy Road
(Project 8058)
BACKGROUND
The vacant property on the south side of Los Angeles Avenue between Maureen Lane
and Leta Yancy Road was to be developed by Pacific Communities Builders as part of
Tract 5053. That development would have included improvements to Los Angeles
Avenue to widen the highway to its ultimate width and provide three through travel lanes
in each direction. The developer's plans to construct this project have been deferred
indefinitely.
In July of 2003 the City Council considered a report which discussed ways and means
for the City to undertake construction of this project in advance of the development of
Tract 5053. Later, in June of 2004, the City Council adopted Resolution No. 2004-2203
amending the budget to provide $200,000 of funding from the Los Angeles Avenue
Area of Contribution Fund (Fund 2501), for initial design efforts. Subsequent updates
to the Capital Improvement Budget included appropriations from Fund 2501 for project
design, construction and inspection.
On February 21, 2007, the City Council awarded a consultant agreement to KOA
Corporation (KOA) to complete the design of the project. KOA has completed the
design and an encroachment permit has been issued by the California Department of
Transportation (Caltrans) for construction of the project. On September 19, 2012, the
City Council authorized the City Manager to award a consultant agreement for
construction management, inspection and material testing services to KOA. On January
16, 2013, the City Council approved the project plans and specifications and authorized
staff to advertise for construction bids.
140
Honorable City Council
July 17, 2013
Page 2
DISCUSSION
On July 1, 2013, KOA's agreement for construction management, inspection and material
testing services was terminated. The project will be advertised for construction bids in
July 2013 and construction is anticipated to begin in October 2013. Staff proposes to hire
Filippin Engineering, Inc. (Filippin) to provide construction management, inspection and
material testing services for the project. Filippin has submitted the attached proposal with
a cost not to exceed $135,462.00 to provide the required services. Filippin is well
qualified to provide these services and recently provided similar services for the City
during construction of the 23 Freeway soundwall at Tierra Rejada Road.
FISCAL IMPACT
Sufficient funds for construction management, inspection and material testing services for
the project are appropriated in the FY 2013/14 Capital Improvement Budget. A future
budget amendment to appropriate additional funds for construction may be needed at the
time that City Council awards the construction contract, depending on the actual
construction bid amount.
STAFF RECOMMENDATION
Authorize the City Manager to award a consultant agreement for construction
management, inspection and material testing services to Filippin Engineering, Inc. in an
amount not to exceed $135,462.00, subject to final language approval by the City
Manager and City Attorney.
Attachment:
Agreement
S:\Public Works\Everyone\Reports\Staff Reports\2013\July\7-17-2013(L.A.Ave.Widening 8058 Filippin CM Agreement).doc
141
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
FILIPPIN ENGINEERING, FOR CONSTRUCTION MANAGEMENT
AND INSPECTION SERVICES FOR THE WIDENING OF LOS ANGELES AVENUE
BETWEEN MAUREEN LANE AND LETA YANCY ROAD, PROJECT 8058
THIS AGREEMENT, is made and effective as of this day of
2013, between the City of Moorpark, a municipal
corporation ("City") and Filippin Engineering, a corporation ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for construction management and inspection
services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated July 3, 2013,
which is attached hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide construction management and inspection services, as
set forth in Exhibit B. In the event there is a conflict between the provisions of Exhibit B
and this Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value one hundred thirty-five thousand four hundred sixty-two dollars ($135,462.00) as
stated in Exhibit B, without the written authorization of the City Manager. Payment by
City to Consultant shall be in accordance with the provisions of this Agreement.
142
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Gino P. Filippin, and no other individual may be substituted
without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS 1099 form,
before payments may be made to vendors.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, based upon
actual time spent on the above tasks. This amount shall not exceed one hundred thirty-
five thousand four hundred sixty-two dollars ($135,462.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts
and in the manner as agreed to by City Manager and Consultant at the time City's
written authorization is given to Consultant for the performance of said services.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Consultant's fees or expenses it shall give written notice to Consultant
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
Filippin Engineering Page 2 of 14
143
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred fifty dollars ($150.00) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Consultant
under the terms of this Agreement. Progress payments made by the City after the
Filippin Engineering Page 3 of 14
144
above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Professional Liability: Consultant shall indemnify, defend (with counsel
reasonably acceptable to City) and hold harmless City, and any and all of its officials,
employees, and agents ("the Indemnitees") from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged
or threatened, including attorneys' fees and costs, court costs, interest, defense costs,
and expert witness fees), where the same arises out of, are a consequence of, or are in
any way attributable to, in whole or in part, the negligence, willful misconduct, errors or
omissions, in performance of this Agreement by Consultant or by any individual, or
entity for which Consultant is legally liable, including but not limited to officers, agents,
employees, or subcontractors of Consultant, except such damage as is caused by
negligence of the City or any of its officials, employees, or agents.
Other than Professional Liability: Consultant shall indemnify, defend and hold
harmless City, and any and all of its employees, officials, and agents from and against
any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses, or costs of any
Filippin Engineering Page 4 of 14
145
kind, whether actual, alleged or threatened, including attorneys' fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of,
are a consequence of, or are in way attributable to, in whole or in part, the performance
of this Agreement by Consultant or by any individual or entity for which Consultant is
legally liable, including but not limited to officers, agents, employees, or subconsultants
of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except asset forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
Filippin Engineering Page 5 of 14
146
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
The Consultant shall have responsibility for compliance with this Section [Labor Code
Section 1735].
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Filippin Engineering Page 6 of 14
147
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Gino Filippin
Filippin Engineering
1340 Willow Street
Santa Ynez, California 93460
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
Filippin Engineering Page 7 of 14
148
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the State of California shall govern
the rights, obligations, duties, and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
Filippin Engineering Page 8 of 14
149
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK FILIPPIN ENGINEERING
By: By;
Steven Kueny, City Manager Gino P. Filippin, President
Attest:
Maureen Benson, City Clerk
Filippin Engineering Page 9 of 14
150
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, error or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $2,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
Filippin Engineering Page 10 of 14
151
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
Filippin Engineering Page 11 of 14
152
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
Filippin Engineering Page 12 of 14
153
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. As coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Filippin Engineering Page 13 of 14
154
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
Filippin Engineering Page 14 of 14
155
Exhibit B
EERING
July 3, 2013
City of Moorpark
Public Works Department
799 Moorpark Avenue
Moorpark,CA 93021
Attn: Dave Klotzle,P.E.
City Engineer/Public Works Director
SUBJECT: PROPOSAL FOR CONSTRUCTION MANAGEMENT&INSPECTION SERVICES,STATE HIGHWAY 118
(LOS ANGELES AVENUE)WIDENING FROM MAUREEN LANE TO LETA YANCY ROAD
Dear Mr. Klotzle:
Filippin Engineering, Inc. (FE) is pleased to submit our proposal to provide Construction Management Services
to the City of Moorpark for the State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta
Yancy Road. We understand that this project is within Caltrans right-of-way and is to be constructed in
accordance with the 2012 Standard Specifications for Public Works Construction (SSPWC)and State of
California, Department of Transportation, 2010 Standard Specifications. We also understand that the project
includes upgrades to Calleguas Municipal Water District 36"water main. Filippin Engineering Inc. staff and its
team have completed numerous transportation projects within the tri-counties, have past and current
experience working with Caltrans District 7,Calleguas Municipal Water District, and the City of Moorpark. We
are especially well qualified to assist the City with all aspects of the project during the construction phase.
The FE team will be led by Resident Engineer, Kelly Wheeler, P.E. Ms.Wheeler has extensive experience with
local transportation and federally funded projects. Some of her accomplishments include the Monterrey
Street Rehabilitation Project and Grand Avenue and Hwy 101 Intersection Project. Ms. Wheeler will be
supported by Senior Inspector Marco Pecile. Kelly and Marco have worked together as a RE/Inspector team
and have a successful record of project delivery.
We understand that the City is requesting full service construction phase support services that will need to be
performed in accordance with the City's and Caltrans procedures.
If you have any questions or would like to discuss our qualifications further, please don't hesitate to call, (805)
729-0041.
Sincerely,
FILIPPIN ENGINEERING
PROFESS/��
���/// �O P•F1�/A �!
Gino P. ilippin, P.E.
Principal Engineer z
R.C.E. 57254
M
w NO 57254
EXPIRES 1?/91/13
sT9 C I V
lF OF CAL�F�
1 156
EEBING
FIRM BACKGROUND
After decades of serving public agencies in the Tri-Counties, Filippin Engineering was formed to serve the
specialized needs of public works clients. Filippin Engineering specializes in construction management and
inspection of public works capital improvement projects.
Currently Filippin Engineering is comprised of six
's oarticivation-wit
permanent full-time employees and six on-call "Filippin
associates. FE personnel have worked a combined 75+ was
years as employees of public works agencies along the great Filippin Engineering
central coast. These agencies include the City of Santa of
Barbara,City of San Luis Obispo,City of Santa Paula, and was an integral part of the project's
, � impressed City Staff with their performance
and City of Ojai. Consequently our staff has an in-
depth knowledge of an agency perspective.
succese
Matt HornL P.E.
We understand that the nation's current economy has Su ervising Civil Engineer
compounded the many challenges public agencies face
City of Sart Luis Obispo
in serving their constituents and we are dedicated to
assisting those agencies find efficient,effective, and
economical solutions to those challenges.
FIRM EXPERIENCE
Filippin Engineering has a very successful record in managing the construction of transportation projects and a
reputation for building strong long term relationships with our clients. As a result, FE has been selected to
provide on-call construction management and inspection services for the City of Camarillo's Federally Funded
Projects MSA,City of Santa Barbara MSA,County of Santa Barbara MSA,City of San Luis Obispo MSA,County
of San Luis Obispo MSA, University of California at Santa Barbara MSA, and are on the County of Ventura's
Approved Vendor list.
FEDERAL/CALTRANS EXPERIENCE
The Filippin Engineering Team brings considerable experience on past projects that involve Caltrans Local
Assistance Procedures Manual (LAPM),Caltrans Construction Manual and its Supplement for Local Agency
Resident Engineers,Caltrans Bridge Construction Records and Procedures,and Caltrans Local Agency Structure
Representative Guidelines. FE will provide the City with the familiarity of the LAPM and Construction Manual
necessary to ensure construction quality control and documentation are in accordance with Caltrans and City
requirements. While not extremely onerous,the Caltrans procedures can be challenging without sufficient
experience, and strict compliance with these procedures is critical to a smooth running project. We recognize
the importance of implementing proper procedures and record keeping to avoid delays in project acceptance,
so we will utilize our ongoing experience with Caltrans staff to ensure that submittals are sufficiently prepared
for first-round approval.
2 157
EERINC
RELEVANT PROJECT EXPERIENCE
a ohenomenalJoh an the Lower
With respect to project management the following 1 Mission Creek project. They have met my
projects involved utilization of the Caltrans LAPM and Vvery expectation duty
Construction Manuals and/or similar Federal proud of
procedures, and were conducted by one or more of our
are doing-
team members. With respect to construction the
following projects involve one or more similar
components to the City's widening project:
Engineering Manager
anta Barbara County
• SR-23 Soundwalls at Tierra Rejada Road
d Control
Interchange Project,City of Moorpark(pile
foundation, barrier railing,soundwalls, paving,
landscaping, and MBGR installation on
interchange ramps in the Caltrans highway
system) "Filippin Engn eering did , greatjob with the
• Los Cameros at Calle Real Roundabout Project, ARRA requirements an the Monterey
City of Goleta (paving,storm drain pipe,C&G,
Rehabilitation , .
sidewalk, access ramps, landscaping adjacent to
record keeping practices were impressive.
Los Carneros/101 interchange ramps)
• Springville Interchange Project,City of -Mike Giuliano
Camarillo(MBGR, paving, landscaping, and pile
Local Assistance Engineer
foundation installation on interchange ramps in
the Caltrans highway system)
• Lower Mission Creek Bank Restoration Project,
County of Santa Barbara(utility coordination
and Caltrans coordination)
• Las Posas Road/Interchange Overlay Project,
City of Camarillo (interchange paving and
coordination with other Caltrans projects)
• Grand Avenue/US HWY 101 Signal Project, City
of San Luis Obispo(interchange signal and '
coordination with other Caltrans projects)• Monterey Street Rehabilitation Project,City of
San Luis Obispo(paving and ARRA
requirements)
• Lewis Road Widening Project,County of
Ventura (MBGR, paving, landscaping, sound
wall, and pile foundation installation) • • • • . ! . .. •, ,
• Moorpark Road Realignment Project, County ,
of Ventura (MBGR, paving,and landscaping) ,
• Upland Road Widening Project,City of
Camarillo (paving and 14' high masonry sound
and retaining walls)
3 158
w
EEPINA
PROJECT" UNDERSTANDING / ASSUMPTIONS
gil
The City of Moorpark requires a qualified firm to provide
construction phase services during construction on State Route The FE Team Realizes:
118(Los Angeles Avenue) between Maureen Lane to Leta Yancy
Road. The work on this project includes:
• Traffic Control and Construction Phasing.
• Rubberized Hot Mix Asphalt Paving.
■ Hot Mix Asphalt, Type B (HMA-B), over Lean Concrete
Base.
• Concrete Curb& Gutter.
• Steel Reinforced Concrete Cap over CMWD water main.
• Encasement of CMWD Laterals.
• Adjusting CMWD Facilities to new road alignment and
grades. Understanding project goals
• Curb Drain Drainage improvements. paramount . project success
• Utility adjustments to new road grade.
• Installation of 6' high Chain Link Fence.
• Striping,Signage&Pavement Markings.
• Traffic Signal Loop Detector installation.
Filippin Engineering assumes the following:
• Caltrans permits have been issued or are very near to
issuance.
• The City would like to advertise, award, and begin
construction as soon as feasible.
• Construction management and inspection will be
performed in accordance with the City's Execution of •• • procedures
permit/agreement with Caltrans. key
• Caltrans CM procedures require that the Resident
Engineer be a licensed PE in the State of California.
• The City expects full time construction observation.
• The City will require the CM consultant to provide any
additional subconsultant services under its contract.
• Materials'testing is required and will be performed
under the CM contract.
• Filippin Engineering estimates that the work can be
completed in approximately 70 working days.
• Filippin Engineering assumes that it will manage all
aspects of the project under its CM contract during the _ • • of
construction phase. those procedures • _ • • the
project goals
41 159
EERING
PROJECT TEAM AND OVERVIEW
We have given careful consideration to the composition of our team for this project and we have dedicated
our most qualified personnel with recent relevant experience to work with you. The subconsultant team
members we have chosen also offer key qualifications and experience in their areas of expertise. While
environmental monitoring and community outreach are not anticipated at this time,we have included
descriptions of firms FE has teamed with in the past and have a strong working relationship.
FILIPPIN ENGINEERING
Leading the Filippin Engineering team is Kelly Wheeler, P.E. Kelly will assume the
Resident Engineer(RE) duties and be the City's main point of contact. Kelly will be
performing all construction management duties for the project and will be the main
interface with the contractor and Caltrans. Assisting Kelly will be Marco Pecile;Marco
will perform Construction Inspection duties. Marco will be onsite daily. Kelly and EERING
Marco have worked together as an RE and Inspector team on a number of significant
projects. Filippin Engineering understands that a project of this nature and duration requires a designated
replacement should the need arise,such as illness,vacation, or family emergency. For this reason it is Filippin
Engineering's practice to designate such an individual for all significant projects. The following are short
biographies on our proposed staff:
Kelly Wheeler, P.E., Principal Construction Manager/Resident Engineer—Ms.Wheeler will act as the
Resident Engineer for this assignment and will be the City's primary point of contact for this project. Ms.
Wheeler is a registered civil engineer with over 13 years of design and constructing experience. Kelly has
extensive experience performing construction management,construction inspection, and construction
engineering on a variety of public works projects. Her experience ranges from transportation,flood control
projects, and complex utility conveyance systems. She excels at communicating to clients, contractors, and
the public, consistently providing intelligent and well thought out solutions to complex project issues. She also
has extensive experience on projects with federal funding and Caltrans requirements,establishing quality and
document control programs,and conducting community outreach during construction.
Marco Pecile,Senior Construction Inspector—Mr. Pecile will be assigned the Construction Inspection duties
for this project. Marco has over 15 years of building and public works inspection experience. Mr. Pecile has
recently performed construction inspection on projects in Ventura and Santa Barbara Counties such as the City
of Camarillo's Springville Interchange Project,the City of Goleta's Los Carneros Roundabout,the County of
Santa Barbara's Lower Mission Creek Widening, and the City of Lompoc's North Avenue Storm Drain
Improvements projects.
Kevin Connors,P.E., Principal Construction Manager—Mr.Connors has over 28 years of experience in all
aspects of project construction, including roles as Project Manager, Construction Manager, Resident Engineer,
Engineer of Record,and Project Environmental Coordinator on public works projects. Mr. Connors has a B.S.
in Civil Engineering and is a registered Civil Engineer in California. Mr. Connors' duties with regard to this
assignment will be designated temporary on-call construction management and/or construction inspection.
Resumes of the staff members above are included as an attachment to this proposal.
5 160
EERING
SUBCONSULTANT TEAM
FUGRO WEST, INC.—MATERIALS TESTING
Fugro has provided quality assurance/construction materials sampling and testing,as �Rp
well as geotechnical services,on numerous Caltrans projects. Recently, Fugro has
worked with Filippin Engineering on the SR-23 Soundwalls at Tierra Rejada Road
Interchange,Springville Bridge, Lewis Road Widening, and the Kanan Road MBGR
projects. Those projects have been very successful and through this experience Fugro has developed a
comprehensive understanding of the processes,technical requirements, and practical characteristics of these
types of projects. Fugro offers a wide range of geotechnical and construction testing services associated with
road and bridge projects. Fugro's services relevant to this project include QACMT services. Their QACMT
capabilities include foundation construction and pile driving observations,field and laboratory geotechnical
(soil)testing,concrete field and laboratory testing,and other materials testing services.
PROJECT TECHNICAL APPROACH
Filippin Engineering believes in a comprehensive approach to construction management that will have
consistent and effective results leading to a quality construction project. FE will employ policies and
procedures outlined in the Caltrans Local Assistance Procedures Manual (LAPM)and the Caltrans Construction
Manual. Filippin Engineering services will be divided into pre-construction,construction, and post-
construction services.
TASK 1.0 PRE-CONSTRUCTION PHASE SERVICES
Kickoff Meeting—In order to obtain a comprehensive knowledge and understanding of the information
surrounding the project, Filippin Engineering(FE)will arrange and participate in the kickoff meeting to
establish a Project Management Team (PMT)consisting of FE staff, City staff,and Design consultant staff. The
purpose of this meeting is to review the construction contract documents,clarify issues, establish working
relationships,and review and verify mutual understanding of contract administration issues. The RE will
conduct periodic PMT meetings throughout the project to provide a forum to exchange information,discuss
concerns and develop resolutions to important issues.
Review Contract Documents—FE will review the construction contract to verify that obligations placed upon
the contractor are consistent with the City's needs and expectations and that these obligations are sufficient
to allow FE to work effectively with the contractor in the City's best interests. Any discrepancies found in the
constructability review will be brought to the attention of the City and the Design Engineer.
Contract Administration—FE will establish record keeping, documentation,and contract administration
systems that are consistent with the Caltrans Construction Manual, Local Assistance Manual, and meet the
City's requirements. Upon approval by the City,the systems will be implemented on the Project. The
procedures will reference the applicable sections of:the Project Special Provisions(SP);the Standard
Specifications for Public Works Construction (SSPWC), Latest Edition;the State Standard Specification (SSS)
issued by the State of California Department of Transportation, Latest Edition;the Caltrans Construction Office
Procedures,Construction Records and Procedures,and Survey Manuals; and other City, Country,and Caltrans
manuals as they may apply.
61 161
EERING
Preconstruction Conference—A preconstruction conference will be scheduled soon after the Notice to
Proceed has been issued. All appropriate parties will be invited including the selected contractor, City staff,
Caltrans oversight staff,and the construction management team. The Resident Engineer(RE)will review with
the contractor,on an overall basis,the plans and specifications for the contractor's work,and its
interrelationship with other work that will take place in the construction vicinity, in an effort to gain the
contractor's full understanding of the Project. The RE will review the contractor's plan and schedule for
construction of the Project, including equipment, labor,and supervision planning. The RE will determine that
the contractor has a clear understanding of its responsibility for general condition items, labor compliance,
material staging, parking, and access to the site, location of contractor's field office,and housekeeping
responsibilities, including specific responsibilities for removal of debris and trash. The RE will apprise the
contractor of any contract requirements regarding security matters such as fences, lighting,guard services,
and posting of signs. Any question or apparent issues that may be present at this time are discussed in order
to be resolved prior to the contractor's mobilization. An agenda,action items, and meeting minutes will be
prepared.
Submittal Processing—FE will establish, with the assistance of the Design Engineer, a list of the submittals
that will be required of the contractor with due dates to support expected schedule activities.
NPDES Permit—FE will monitor in order to verify the contractor is in compliance with the provisions of the
National Pollution Discharge Elimination System (NPDES) Permit throughout the Project.
TASK 2.0 CONSTRUCTION PHASE SERVICES
Coordination of Contract Execution—The City and FE will determine a mutually agreed upon time to mobilize
the RE to the Project site and FE will mobilize the field inspector to the Project site as soon as construction is
ready to begin. The RE and the field staff will utilize the office space provided by the City and located at the
City Hall. The RE will implement the record keeping documentation and contract administration systems
developed during the preconstruction phase.
Project Communication and Coordination—The Resident Engineer will be in charge of project communication
and coordination with the City,the design engineer,emergency services, local business, and residents,the
contractor,and materials testing technicians throughout the construction phase. Regularly scheduled
progress meetings will be held to help the construction team to stay informed of project issues and progress.
A monthly progress report of the construction will be submitted the City.
Project Schedule—FE will monitor the contractor's compliance with the agreed upon scheduling
requirements. FE's major tasks associated with the overall scheduling requirements will be to:
1. Review the contractor's schedule to determine that it is properly prepared,that the milestone dates
meet the overall schedule,that the logic and activity durations are reasonable,and that no major
conflicts exist.
2. Review progress attained against the approved schedule to adequately record work in-place, detect
any potential delays,and review the contractor's plan for implementation of remedial measures,
when appropriate,to recover or maintain progress.
3. In conjunction with the City, negotiate schedule adjustments with the contractor that may be required
due to weather, change orders, or other impacts requiring schedule adjustments.
162
EERING
Progress Pay Estimates—FE will review the contractor's progress pay estimates in accordance with the
construction contract. Payments on progress estimates will be supported by source documents that represent
measured quantities. A complete and accurate pay estimate will be forwarded to the City for payment. FE
will maintain a current estimate of overall construction costs.
Submittal and RFI Management—FE will maintain a log of, and manage, shop drawings, samples,submittals,
and RFI's in order to determine that:
1. All short term look-ahead schedules contain critical submittal dates,and the logs reflect the same.
2. Submittals from the contractor are received, logged,and processed timely.
3. Submittals are reviewed in a timely fashion by the appropriate reviewing body and returned to the
contractor to minimize lost production time.
4. Logs are updated on a regular basis.
5. Shop drawings have been approved and returned before associated work has begun.
6. Copies of all submittals,samples, and RFI's are maintained in the file.
Change Order Management—FE's approach in managing change orders involves the Resident Engineer and
Assistant RE (office engineer/inspector) constantly communicating with the Contractor to ensure that project
issues are brought to the surface and addressed in a timely manner. FE will investigate all proposed change
orders submitted by the contractor. Change order submittals will include supporting records. FE's
investigation will include the impacts on the Project schedule and budget and will include a recommendation
for approval or disapproval.
FE will review necessary and desirable changes to the Project,advise the City Engineer of change order
impacts,and,when required, make recommendations regarding the resulting change order costs. FE will:
1. Assemble documentation to include such items as inspection reports,test reports, drawings,sketches,
photographs, and other materials as required.
2. Prepare change order estimates, consisting of a detailed cost estimate conforming to City and Caltrans
procedures and forms;assess the impacts of the proposed change on the contractor's schedule and
operations;and prepare a written report summarizing the impact of the proposed change in terms of
extra costs,cost savings,schedule, and effect on contractor's obligations.
3. Evaluate the contractor's price proposals for reasonableness and accuracy of construction quantities,
rates and unit prices and time and schedule impacts.
4. Maintain a change order log as a means to tracking change order proposals through the review and
approval process. FE will establish files for potential change orders or claims so as to accumulate
documentation should the issues result in a change order or claim.
Construction Observation/Inspection—FE will responsible for implementing inspection guidelines for
monitoring the quality of the contractor's work. Each member of the FE's construction management staff will
be familiar with the construction drawings and specification,as well as industry and Caltrans codes,City
requirements, and standards and specifications that are incorporated into the design by reference. FE will be
familiar with a variety of other information, including permit and license terms and conditions, any applicable
provisions of environmental protection plans and procedures,and the Project schedule.
FE will be responsible for inspection and documentation of all construction tasks including:detours;
construction staging; utility coordination;traffic control; pedestrian access;drainage;embankment
construction;clearing and grubbing; lead handling; NPDES requirements;freeway closures; lane closures; base
and surfacing; pavement delineation;signing;traffic signals; lighting; and landscaping and erosion control.
8 163
EERINB
FE will, upon witnessing any materials, erection or installation process, or levels of quality that do not meet
the requirements of the construction contract, issue a Nonconformance Report notifying the contractor of
such deviation and inquire about the contractor's proposed corrective action. Copies will be forwarded to the
City Engineer.
Quality Assurance and Materials Testing—FE will provide materials sampling and testing which will include all
testing normally required by the City and Caltrans. These tests will be conducted in accordance with City and
Caltrans minimal frequencies and approved procedures in accordance with the construction contract plans
and specifications. Testing will be performed in accordance with the applicable materials testing manuals. FE
will review the results of all testing materials quality inspections and will then make recommendations to the
City regarding remedial actions required to correct unacceptable portions of the contractor's work.
Reporting and Record Keeping—To accurately document the progress of the project and to assist in the
management of its completion, FE will establish a file or record-keeping system in accordance with the City's
and Caltrans policies and procedures. A list of the more important items that will be required as part of the
record-keeping system include, but are not limited to; Daily dairies, Meeting minutes, Correspondence, Plan
submittals, Certificates of compliances, Records of material testing, Photo log,CCO log,Submittal log,Contact
Change Orders, and NOP's
Safety—The contractor has sole responsibility for compliance with safety requirements on the construction
contract. FE's staff will monitor the contractor's compliance with its safety program and advise the City of
observed deficiencies. The Construction Safety Orders,the Caltrans Safety Manual,and the contractor's
safety plan will guide FE's field safety monitoring program.
Jobsite Progress Meetings—FE will determine an appropriate schedule for conducting Project progress
meetings. This schedule will be influenced by the level of Project activities and direction received from the
City. The meeting will provide a forum to discuss and resolve project issues early on and ensure it is
maintained in a manageable state. Then meetings will include a discussion of the project status,the next
items of work,and any coordination efforts that may be needed to keep the project moving forward.
Additional special meetings may be required to address special issues and conditions.
The RE will chair these meetings,conduct each meeting according to published agenda, and have minutes
prepared and promptly distributed. Minutes will detail action items,the discussions that ensued,and
announce the time and date of the next meeting.
Surveys—Contractor will perform all construction surveys for the Project. FE will collect survey data from the
Contractor for inclusion in the project file and review of conformance with project design.
TASK 3.0 POST-CONSTRUCTION PHASE SERVICES
Final Inspection and Punch List—FE will,in conjunction with the City, inspect the near completed facilities to
identify discrepancies and deficiencies in the work performed by the contractor,and will subsequently
prepare the necessary punch list to identify such items. Upon correction and re-inspection of omissions and
deficiencies,the RE will report to City on the completion of the Project, recommend acceptance and approval
of final payment to the contractor. If, before the final completion of the work, it is necessary for the City(or a
utility user)to take over, use, occupy, or operate any part of the completed or partly completed work,the RE
will inspect that part of the work and complete punch lists detailing omissions and deficiencies.
9 164
MIND
Record Drawings—FE will regularly review the Project record drawings produced by the contractor and
require that the record drawings reflect the current Project conditions. FE will provide the City and the Design
Engineer with a copy of the contractor's record drawings and sufficient additional information to prepare
certified final record drawings.
Project Closeout—Upon completion of the work and after all item on the punch list have been addressed, FE
will prepare and submit, in accordance with the City's direction,the final payment package to the contractor.
FE will also submit all final Project records and reports(including laboratory and plant testing reports),
manufacturer's certificates and videos of various phases of construction. FE will collect the release of any liens
and forward them to City. FE will prepare and provide all standard reports required by Caltrans, including
material certification letters. FE will prepare the Notice of Completion as part of Project closeout. FE will
coordinate with Caltrans and the City for acceptance of the improvements.
Claims Assistance(optional,if required)—FE will strive to resolve all NOP's in a timely manner and avoid the
claims resolution process;however, if Project related disputes cannot be resolved in a manner acceptable to
both contractor and City, FE will assist the City with a three phase approach to claims resolution.
1. Information Gathering, "Finding of Facts"—FE will examine pertinent documentation,field conditions,
and other related details necessary to determine the facts of the dispute. FE will provide the City with
a written status report that analyzes the facts of the dispute and make recommendations as to the
contractor's claim.
2. Analysis,Strategy Formulation—if"Findings and Facts" does not result in a resolution of the matter,
FE will perform a technical analysis of the "Findings and Facts" documents and recommend a strategy
for resolving the situation.
3. Negotiation, Resolution,Arbitration or Litigation—FE will provide the City with support to the extent
requested by the City.
CONSTRUCTION SUPPORT COSTS
We have estimated our cost for construction phase services based on a project schedule of 70 working days.
Based on our understanding of your requirements and our experience with similar projects,we estimate that
the fee required for our services will be$109,212 including reimbursable expenses.
70 WORKING DAYS Construction Manager Inspector Estimated
Pre-Construction Phase(1 week) 60 hours 40 hours $12,800
Construction Phase(70 days or 14 weeks) 224 hour 560 hours $88,032
Post-Construction Phase (1 week) 40 hours 20 hours $7,880
Reimbursable Expenses $500
TOTAL FE COSTS $109,212
In addition,we have estimated that materials testing cost would be approximately 2.5%of construction and
that the engineer's estimate is approximately$1.01VI. When an allowance for materials testing is included our
estimate is$135,462,for project duration of 70 working days.
10 165
EERING
Materials Testing(estimated at 2.5%of the engineer's estimate for construction) $25,000
FE Markup(5%) $1,250
GRAND TOTAL $135,462
As stated earlier in this proposal, FE is committed to working within any budgetary limits that may exist and
we are committed to assisting the City. We have proposed a staffing scenario that is typical for similar
projects within the Caltrans right-of-way. If you have difference staff scenarios that you would like to discuss,
please let us know.
We look forward to working with you and the City's staff on these projects. If you have any questions or
would like to discuss our qualifications further, please don't hesitate to call, (805) 729-0041.
111 166
EERINC
RATES
FILIPPIN ENGINEERING, INC.
BILLING RATES EFFECTIVE JANUARY 1,2013
Engineering Construction Management
Assistant Engineering Technician $ 63.00 Assistant Construction Manager $ 118.00
Associate Engineering Technician $ 73.00 Associate Construction Manager $ 128.00
Senior Engineering Technician $ 83.00 Senior Construction Manager $ 138.00
Junior Engineer $ 93.00 Principal Construction Manager $ 148.00
Assistant Engineer $ 118.00 Construction Inspector(PW) $ 88.00
Senior Construction Inspector
Associate Engineer $ 128.00 (PW) $ 98.00
Senior Engineer $ 138.00 Chief Inspector/Owner's Rep(PW) $ 108.00
Principal Engineer $ 148.00 (PW)Prevailing Wage
General
Technical/Clerical Support $ 58.00 Outside Consultant Cost+5%
Senior Program Manager $ 160.00 Reimbursable Expenses Cost+5%
Note 1:Reimbursable expenses include postage,shipping,outside plot and copy reproduction costs.
Note 2: Overtime rates for construction inspection= 1.3 X regular rate. Overtime will not be performed unless authorized in
writing by the client. Overtime work is not included in the cost of this proposal.
121 167