Loading...
CC - Item 5H - Award of Contract - Public Works Construction Inspection ServicesAM TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER DATE: SEPTEMBER 25, 2018 SUBJECT: PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES - MERRELL JOHNSON ENCINEERING, INC. - AWARD OF CONTRACT ImA M KI;M Public Works inspection services play a key role in the delivery of capital improvement projects, private development projects, and public works operations. The Public Services Department relies on the support of a Public Works Inspector to augnient staffing levels and provide technical support to assist with projects and operations, STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a contract with Merrell Johnson Engineering, Inc. for a not -to -exceed amount of'$150,00O for fiscal year 2018- 19, with the option to renew for two additional one-year terms. DISCUSSION SBC Inspections has assisted the City with on-call public works inspection services since 2015. The typical services provided by this service includes construction inspection of capital improvements projects, private development and the issuance of encroachment permits. The current agreement originally expired in June 30, 201 , however, had been extended in order to, allow for an RFP process to take place. On June 1.1, 2018, the Public Works Department released RFP No. 2018-17 for Public Works Construction Inspection Services. On June 27, 2018, the City Clerk received sealed bids from fifteen (15) different firms. Each proposal was evaluated and City staff short listed eight firms to be interviewed. The evaluation criteria included experience, technical qualifications., methodology, quality assurance, conflict of interest, and cost of services. The firms were interviewed on September 17, 2018, and based upon the interviews and grading evaluations, Merrell Johnson Engineering, Inc,, was rated as the most qualified to provide public works construction inspection services. In addition, staff reviewed the bid documents for completeness and investigated the consultant's background and recent projects for competency. FDRr• • j!■0 1 T City Council Meetung September 25, 2018 Page 2 of 2 The matrix below denionstrates the ranking ofthe eight (8) firms interviewed: Rank Companies Rate !0-50) I Merrell Johnson f"Aiginecring, Inc. 44 2 Interwest Consulting Group 431 3 PPM Group 40 4 "Franstech Engineers, Inc. 39 5 SB( Inspector .1 ll 6 Infrastructure Engineers No show 7 JMD I.."rIgincering; No show 8 KOA Corporation No show EINANCIAL REVIEW This protect was included in the FY 2018-19 Budget under the I`ngmeering Division - Professional and "Fecimical Services - 101-3035-5299. $150,000 of the $,265,000 budgeted Nvill be used t'or public works inspection services and the remaining amount for general engineering services. ENVIRONMEN'TAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CE'QA) pursuant to Section 15,301 (a) of the CFI'QA Implementing Guidelines. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Preparedly: TW.ael M. Fajardo, P.I..". City Engineer Submitted By: Greg S. "I SLIJ iuchl Assistant ( I 'Ity Manager Attachments: A. Proposals and rating (Available in the City Clerk's Office) B. Merrell Johnson Engineering Proposal C. Professional Service Agreement FA 4MTMT4MTq= Proposals and Rating (Availabl.e in the City Clerk's Office) Attachment, B Merrell Johnson Engineering Proposal 03 TLA rw—TFrwff "0 i I M1 City of Rosemead Public Works Construction Inspection Services RFP No. 20118-17 Rosemead, CA Proposal to Provide Public Works Construction • Services City of Rosemead Attention: City Clerk 8838 East Valley Boulevard Rosemead, CA 91770 Subject: Proposal for Public Works Construction Inspection Services I City of Rosemead, 8838 East Valley Bo' d, Rosemead, CA We =211 10 IMUTS M M2 =2 We are pleased to provide, the foilowing proposal to provide on-call construction inspecfion and permit issuance services for Citywide Community lmproveiment projects ((31P) that encroach into the public right -of way. Thank you for your consideration. Our hourly/un4 rates provided herein shall rernain valid for a minimum of 3 years. Rates after the three -contract term may be adjusted in proportion to the change in the Consumer Price Index for the Los Angeles Basin at the time, subject to a 2.5% maximum increase per year. If selected, our firm wifl provide the required insurance documents, endorsements, and performance bond in the amount of the contract. Originally established as Kenyon Engineering, Inc., Merrell -Johnson Companies (MJC) has been serving Southern CaHfornO since 1957. With a comprehensive multi -disciplined offering including civil, structural, and geotechnical engineering;, land surveying; materials testing:, and special inspection, storm water permitting and report,inga and construction management and inspection, including public works inspection, our experienced staff is ready to Support your projects from concept to completion. We apprecilate the opportunity to be of service and look forward to the successful completion of this project. Sincerely, Merrell Engineering Company, Inc, Brad Merrell P.E. / Principal Engineer Contract Organization and Staffing IINZ-1m7sx- Brad S. Merrell, PE, Principal e/ brad.imerrell@merrelljoliiisoni.coni LSM a +w I I I a.- INWInalm"011 ........ . . . . . . . A in jm�' Merrelll Engineering Division Testi:lng Laboratory/Inspiectior 16091 Kamana Road Apple Valley, CA 92307 t/'(760) 2�56-2068 June 2 7, 2018 City of Rosemead Proposal for Pubrrr; Wwk!� Construction Rrispecbon Serwces Pa,ge iIi Jeff S. Burns, Division Manager e/ jffff.I uriis((firn.t.rre on,corn — . . ..... . ... Chris Langdon, Estimator e/ch ris, langdon@merrelljoh nson corn I XTI Engineering/Survey Office 22221 US Highway 18 Ap�ple VaHey, CA 9123017 t/ (760) 240-8000 Currently serving as the consulting City Engineer for the Cities of Monrovia, Barstow, and Needles, Brad Merrell], Principal; Engineer and Co-founder of Merrell Jlohinson Companies (MJC) leads a team of engineers and designers, construction, managers, public works inspectors, and materials testing/inspection! personnel. Mr. Merrell is joined by our Principal Surveyor and Co-founder, Mr. Craig Johinsoni, who leads our effoirts to provide the saime quality assurance and ,#,juality contrO on the survey/staking and mappiing portions of projects. Merrell Engineering is a Division of Merrell Johnson Companies (MJC) and is the fOCLIS of this proposal, This arm of MJC provides the geotechnical engineering, engineering geology, materials testing laboratory, and construction inspecfion and testing services for the firm. Our Public Works inspection, including materials testing and inspection, and permit issuance services are led by Jeff Burns, Division Manager. Working Linder the oversight of Brad Merrell, Principal Engineer, and, when applicable, James Stone, Geotechnical Engineer, Mr, Burns is responsible for the management ands operations of MJC's testing and inspection division, including our materials testing laboratory, special inspectors, and construction inspection staff. Project management and coordination duties will be, provided by Chris Langdon, I! Project Manager/Estimator and Andrea Scott, Project Coord',nator/Dispatcher. Clayton Garrison manages our miulti-acc:redited testing laboratory (AMRL, CCRL, DSA, USACE), Sean Best, our lead inspector, will provide the day-to-day construction inspection and permit issuance duties. His services will be augmented as necessary by Fidel Martinez, Jason Best, and Larry Cook, All four have extensive experience providing Public Works inspection, including materials testing/inspection, and reviewing CCTV sewer surveys. Field technicians would work under the supervision:, of the above four inspectors when simple soil cornpacUon and/or concrete testing services are needed. Jl 27, 2018 CAy of Rr)sernead Proposal for Pubfic Works ConSfTructlori Inspedkon Services p1ge I The following Organization Chart illustrates our key personnel that will be assigned to this project. Additional staff and technicians, not shown in the Chart, will be utilized as needed. I The Merrell Engineering Division's team of highly qualified professionals and multi -certified inspectors and technicians provide a wealth of knowledge and experience to Our projects, Below is a list of key personnel with the experience and qualifications necessary to provide the needed Public Works construction inspection services, We have an understanding of the needs of a Culturally diverse community having worked for years for the Cities of Barstow, Needles, Monrovia, and the County of San Bernardino all of which serve multiple Cultures, June 27, 20118 City of Rosem,ead Propos,M for Pubfic Wos Construction Vnspection Serwces Page 2 -11;111111 ff'';! 11111111 iiiiiiiijilill •L& AV As Principal Engineer, President and Co-founder of Merrell -Johnson Companies, Mr, Merrell brings over 30 years of hands-on experience to our. clients, Mr. Merrell's professional experience has ranged frorri private development to municipal government, responsible for Land Development Services for the City of Las Vegas, and working as the Consulting City Engineer for the Cities of Barstow, Monrovia, and Needles. Mr. Merrell, a graduate of Cal Poly Pomona, is registered as a professional engineer in the States of California, Arizona, and Nevada as well and a General Building Contractor maintaining both Class A and B licenses, To further enhance the company's te,chniu.il expertise, Mr. Merrell maintains certifications in, inspection, QSD, QSP, and Nuclear Safety and Testing Mr. Merrell possesses unique qualities that have made him a proven leader and an asset to any team.. His role on all projects its to ensure that the standards of the client, the governing, agency and Merrell -Johnson willi be upheld on all projects. James J. Stone, RGE, RCE, Consulting Geotechnical Engineer Mr. Stone has been working for over 40 years in the Geotechnical Engineering field. He has extensive experience with projects in both the private and public sectors. Mr. Stone received his B.S in, Civil Engineering froirn the University of Santa Clara ,and his M.S. in Geotechnical Engineering froirn San Jose State University. Mr. Stone is registered as a Professional Civil Engineer and a Geotechnical Engineer from the State of California. Mr. Stone prepares all the Geotechnical Investigations for Merrell Johnson Companies, including oversight and directions of the associated field exploration work. June 27 2018 City of Rosemead Proposal for Publkc Works Constfuction hispecfion SeMces Page 3 Donn C. Schwartzkopf, P.G, CE.G., P.G.P,, Consulting Geologist Geophysicist With over 30 years of professional experience, Mr. Schwartzkopf has been involved with nurnerous geologic, geophysical, groUnd-penetrating radar, and geotechnical studies. Mr. Schwartzkopf is a State of California licensed Professional Geologist, Certified Engineering Geologist, and Professional Geophysicist, He is also Registered Geologist lin the State of Arizona. Mr. Schwartzkopf provides all the Geologic Studies for Merrell Johnson Cornpanies. In addition to his geologic services, Mr. Schwartzkopf has extensive ground penetrating radar experience Materials Testing anid Inspecflon Staff Jeff Buirns, Merrell Engineering Division Manager As Division Manager, Mr. Burns offers 15 years of industry experience to our clients and is responsible for the, managernent and operations of the Merrell Engineering Division of Merrell Johnson Companies. With experience as a laboratory manager, field technician, special inspector, and project manager, he provides direction of projects and staff, project procurement, and maintains hands-on involvement in all aspects of work, including special inspection, field testing, laboratory testing, and report preparation. The following is a list of Mr. Burns' certifications. ACI Concrete Field Testing Technician Grade I ACI Strength Testing Technician ICC Reinforced Concrete Special Inspector ICC Structural Masonry Special Inspector ICC Fiireiproofinq Special Inspector Ji ine 27, 2018 City of Rosen'read ProposaP for Pubhc Works Construction Nnspection Bermes Pa,ge 4 NICET Level 1, Soils NICET Level 1, Concrete NICIET Level 1, Asphalt CPN Nuclear Safety Course for Nuclear Gauge CRN Radiation Safety Officer As Merrell Engineering Division's estin7ator, Mr. Langdon prepares the proposals and cost estitnates for the Division, In his role as Project Manager, he assists the firms engineers in preparing reports and provides inatiagement and direction Of field testing and personnel. Certified in multiple disciplines and with 40 years of testing/inspection experience, Mr. Langdon provides our clients with extensive experience in field testing and inspection. ACI Concrete Field Testing Technician Grade I ACI Strength Testing Technician ACI Concrete Transportation linspector ACI Masonry Field Testing Technician ACI Aggregate Testing Technician, Level I ACI Concrete Lab Testing Technician I & 2 DSA (Masonry Inspector (No. 601 2) ICC Soils Special Inspector ICC Reinforced Concrete Special Inspector ICC Structural Masonry Special Inspector ICC Structural Steel Bolting Special Inspector ICC Pre -Stressed Concrete Special Inspector ICC Spray -Applied Fireproofing Special Inspector CPN Nuclear Safety Course for Nuclear Gauge I III 11RUJI, li 1 11 1134110- WAIM521imm As Quality Control / Laboratory Manager, Mr. Garrison provides experience in overseeing all laboratory operations and testing ensuring adherence to the highest standards of quality. Mr. Garrison works closely with Engineers and Project Managers to maintain all qualifications as set forth by organizations such as CBC, ASTM, AMRL (AASHTO), DSA, FAA, Army Corps of Engineers, and Caltrans, test methods and i,pecifica!tions. Ad I Aggregate Testingfechnician Level 11 ACI Concrete Lab Testing Technical) Level 11 ACI Aggregate Base Testing Technician ACI Concrete Strength Testing Technician ACI Field Testing Technician Grade I ACI Concrete Masonry Technician JUne 27, 2018 Cly of Rosemead PIO;IDSal for PUbfic Works ConstrILJCkIl Inspection Serwces Page 5 11;1! 1:1,111113 irlimslfi= As project manager and lead inspector, Mr. Best provides our clients with extensive experience in field testing and inspection. Mr. Best worked for many years as an Iron Worker that served to enhance his Current work/knowledge as an AWSICWI certified welding inspector. In addition, Mr. Best brings years of municipal construction management, inspection' and testing experience to our clients,, and is, an expert in evaluating CCTV sewer surveys and assists our engineering staff in developing the corresponding repair designs, AWS/CCI Certified Welding Inspector ICC Structural Masonry Special Inspector ACI Concrete Field Technician Grade I [CC Structural Steel & Bolting Special Inspector ICC Reinforced Concrete Special Inspector ICC Structural Welding Special Inspector Fidel Martinez, Non -Destructive Testing Technician / Inspector Mr. Martinez worked many years as a certified structural steel welder that has served to enhance his overall inspection skills,, particularly as a, AWSICWI Certified Welding h7spector. Having owned his own non-destructive, testing (NDT) business before coming to MJC, Mr. Martinez also brings extensive NDT (Ultrasonic Testing and Magnetic Particle Testing), experience to our clients. In addition to his experience with structural steel, Mr. Martinez brings many years of experience providing Public Works inspection and materials testing/inspection services of numerous Capital Improvement Projects, most recently for the Cities of Barstow and Monrovia. AWSICWI Certified Welding Inspector A.S.N.T NDT Level 1, Ultrasonic Testing ACI Concrete Field Technician Grade I A.S.N.T. NDT Level 11, Ultrasonic Testing CPN Nuclear Safety Course for Nuclear Gauge A.S.N.T. ISIDT-L,eyel Il, Magnetic Particle Testing June 2 7, 2018 City of RoseMeadl Proposail foir Nbfic Works COM5tTLX%0n 1r1SPPCb0r1 Services Page 6 As inspector, Mr. Best provides our clients with extensive experience in field testing and inspection. Mr. Best's field experience includes nearly 5 years of soil, concrete, asphalt, and fireproofing testing and inspection services that were needed during construction of the just completed $200M Replacement Hospital project at Fort Irwin, CA. ACI Concrete Field Technician Grade I ICC Reinforced Concrete Special Inspector ICC Fireproofing Special Inspector CPN Nuclear Safety Course for Nuclear Gauge ���W*Tdwsm Larry Cook spent his career working as a Forman for large General Engineefing Contracting Companies, Since retiring from Sully -Miller Contracting Co, about 3 years agio, Mr. Cook has been working for MJC as a Public Works inspector inspecting street and infrastructure improvements as part of our contact with the City of Monrovia. Because he has spent his career building streets and infrastructure, Larry brings valuable understanding and insights to our inspection tearn raising our inspection staffs overall competence level. I Our firm's approach to staffing and services delivery is summarized bellow: To initiate testing/inspection services, the client would call or email Our office to schedule (at least 24 hours in advance) the work. 6 Our field personnel will check-in with the client's representative upon arrival and then, before leaving the site, will ask the client's representative to review/sign his daily report (prepared on an Pad) that will document the days testing/'inspecticn service/results and the hours spent on the jobsite. June 27, 2018 City of Rosemead Proposal for Public Works Construction Inspection Serviic;es Page 7 all our reports and test results throughout the duration of the project. Email) or paper copies of our reports will be provided upon, request. • For continuity of service, we will assign the same technicians/inspectors to the project whenever possible. MJC has provided services to a variety of clients, including municipalities, county governments, Caltrans, military installations, hospitals, school districts, mining, and private enfities. Directly related experience has included recent on-call service contracts with the City of Monrovia, The City of Barstow, and the City of Needles. MJC has provided services during the construction of numerous other Capital Improvement projects on a project by project basis. A summary of our recent and noteworthy projects is provided bellow, along with their relevant contacts. On­CaH Projects City of Monrovia — Citywide Infrastructure Improvements Contact.° Sean Sufflvan, Public Works Division Manager (626) 932-5522 MJC, performing as the contract City Engineer, is cuirreinUy providing fUll- time construction management, including testing and inspection to augment the design and surveying services, provided by our Engineering/ surveying Division. MJC prepared a 5 -year Capital Improvement program for the City that is currently being implemented. The City-wide improvements are being implemented to reconstruct/rehabilitate the City's aging infrastructure, irICILAding streets, sewer, water, and drainage elements. Prior to the construction, Our firm evaluated all the City streets and prepared repair and pavement design recommendations as needed. The City's sewer system was also evaluated using CCTV surveys, MJC evaluated the CCTV surveys and prepared recommendations for sewer line point repairs and cast-iin-place lining of existing pipe. As the recon!structiloii/rehabiliitatiori work is progressing, MJC is providing the construction, management and quality assurance testing/inspectio�n services. June 27, 2018 City of Rosemead ProposM for Public Works Construction Mspection Senvices Page 8 City of Barstow — Citywide Infrastructure Improvements Contact: Curt Mitchell (760) 255-5102 MJC, perforrnng as the contract City Engineer, has for many years provided the City of Barstow with consulting services, frorn pavement evaluations and design, to construction : management and` quality control testinghnspection for numerous street improvement and sewer rehabilitation projects throughout the City. Daily observation of backfiill and frequent compaction testing and materials sampling, as well as quality control testing for asphalt, and concrete are performed. We are pleased to continue to provide our services on several current projects. • City of Needles — Citywide Infrastructure Improvements Contact: D,avid Brownlee (760) 326-2113', Ext. 313 [TUC is in its second year of providing on-ca,ll services to the city of Needles, California. Our fir again functions as the City's engineering and surveying staff. The City is recognlized as a "disadvantaged community", and as such a major role for our team is the preparation and processing of apMns for Grant funding, With a half-dozen projec:ts a�ready under our belt, we further provide county type services, including rnap checks, plan checks, and conditions for issuance of encroachment permits, MJC represents the approval entity for two major highway projects, the interstate 40 Connector and the Needles Highway Extension projects, • County of San Bernardino, Architecture and Engineering Department Contact Levi Oveson (909) 83'8-9128 MJC is just completing its second 3 -year terrn as an on -caul civil engineering and Surveying consultant to the County of San Bernardino's Architecture and Engineering Department. We are currently on our sixth year of service and have Submitted a proposal to extend our services into an additional 3 -year contract. MJC has been fortunate to have had the opportunity to assist the County with exciting projects including major improvements to the Sheriff's West Valley Detention Center, the addition of a boat washing station at Park Moabi on the Colorado River, and nurnerous other projects including parking lots and street improvements. June 27, 2018 Dty of Rosemead Pfopasal for PUbfic Works Constructmn Inspection "Services Page 9 • CDM Smith — Water Treatment Plant and Distribution System, Ft. Irwin, CA Contact: Mark Van Dam - (909) 579-3500 MJC provided Quality Control (QC) testing and inspection services during construction of t,he $98M USACE Waste Water Treatment Plant at the Fort Irwin National Training Center. Construction included a Control Building, a Chemical Building, two 1M gallon water tanks, and aiin assortment of chemical tanks, filtering/cl�arifying equiipment, lime softening filter building, reverse osmosis feed water storage and pump station, brine treatment facility, mechanical evaporator feed tank, lagoons, concrete, and ancillary onsite and offsite improvements. MJC's personnel provided the geotechnical testing/inspection, sipecial inspection of the concrete, masonry, and structural steel'/bolting. Materials testing aind laboratory testing services were also provided. ln addition, MJC designed the roller compacted concrete (RCP) mix and performed the QC testing for the RCP -lined drainage channel that runs the length of the project. 0 Turner Construction Company — Foil Irwin Replacement Hospital, Ft. Irwin, CA Contact: Adam Di uric (480) 316-6394 MJC provided the Quality Control (QC) testing and inspection services during construction of the $200M USACE Replacement Hospital at the Fort lrwlin National Training Center, The Hospital required 3.5 years to construct and includeospital/clinic: building, central utility plant, ambulance shelter, helipad, concrete paved parking', patient parking trellises, exterior roadways, solar array, and ancillary onsite and offsite improvements. MJC's personnel provided the geoltechnical testing/inspection, special inspection of the concrete, masonry, structuiral steel/bolting, asphalt, and fireproofing. Materials testing and laboratory testing services were also provided. JLjne 27, 2018 City cal' Rosernead Proposal f�or Pu bfic Work% Construction Onspecfion Services il a q e 10 The following table lists our cost data for the iikeIy services, that will be required to perform the Public Works construction inspection services for this project, incIluding the likely laboratory tests. A complete list of all our services is presented in our Schedule of Fees, inciuded in our bid packet. Wei understand the field testing and i�nspiection services are subject to prevaiiling wage requirements. Staff Member Title HiourlylUnit Rate Brad Merrell, PE .. .. . .. ..... Principal Eng�ineer ...... . 11.1-1 — ----- $165.00 James Stone, GE Geotechnical Engineer$165.00 — - - --- - - --------- - Jeff Burns Division/Project Manager $125,00 Field Inspector $105.00 Chris Langdon Project Manager $125,00 Field Inspector $105,00 Andrea Scott Project Coordinator $40.00 per day of service Sean Best Field Inspector $105.00 Fidel Martinez ....... . .... ... Field Inspector . . .. . ........... $105,00 Jason Best Field Inspector ..... . . ..... $105.00 Larry Cook ........ . . Field Inspector $105�00 Field Personnel Travel Time $75.00 (4 hours round trip) Travel Time is not subject to overtime charges Field Personnel Per Dium Cost of hotel plus $25.00 . ..... . . .... per day 2R DhIfing Co. Drill Rig $500, mobilization pious .... . ..... ... — — ------- $225.00 per hour Equipment Coring Trailer $1100.00per day Clayton Garnson Laboratory Manager $110.00 Laboratory Test Maximum Density of Soil & $165.00 (D1557) Aggregate Base Laboratory Test Sieve Analysis of Fine and $115,00 (C1 36') Coarse Aggregates Laboratory Test Theoretical Maximum $125.00 (CT309) Density of Bituminous 1D2041 . ...... . ...... - Kxtures June 27, 2018 City 0 Rosemead PropcsW for Pubfic Works Construction inspection Servkes Page 11 Staff Member Title Hourly/Unit Rate Laboratory Test Bulk Specific Gravity and $190.00 (CTO) Densfty of Bituminous, Mixtures (Hveem) Laboratory Test Asphalt Content of Hot Mix $275.00, (CT382)(D6307) Asphalt, % ,asphalt & Gradation Laboratory Test Compressive Strength of $25,00 (C39) Concrete Test Cylinders . . . ..... . ........... --- ........... ....... . Laboratory Test Flexural Strength of $80.00 (C78)Concrete . . ...... . . .......... ... (Beam) Laboratory Test Bulk Spe6ific Gravity and $45,00 (D11$ a).-(-!)27�26) J. Density of Core We bill a miniMUrn of 4 hours a day, plus travel time, field services are provided. Premium rates apply to overtime, hol5days, weekends, and riglht work, Premium rates are not applied to travel time. June 27, 2018 Dly of Rosemead Proposal firer PUblic Milks ConstTuction Inspecton Services Page 12 Attachment C Professional Services Agreement 61:4=4:4 4 0101 ON I Z M01 0 0:3 0 M 10 1*4a 1iz ten 1 im This Agreement is made and entered into this _ day of , 20.__ (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of busilness at 8838 E. Valley Rosemead, California 91770 ("City") and Merrell Johnson Engineering,, Inc. with its J '"M C nsultant'l. WA A 92307 11"C City and Consultant are sometimes individually referred to herein as "'Party" and collectively as, "Parties." FJONEFRAIRMA 2A Consultant. Consultant desires to perform and assume responsibility for the provision of certai professional services required by the City on the terms, and conditions set forth in th Agreement, Consultant represents that it is experienced in providing public works inspecti lns services to public clients, is licensee oo• e d in the Statf Califrnia,and is familiarwith thpilans city. I 2.2 Project. City desires to engage Consultant to render such inspection services for the public works inspection services ("Project"), also referred to as "Services" as set forth in this Agreement. i1!113&11v w II I '-fimr-I alm 3. 1.1 General Scope of Services-, Consultant promises and agrees to furnisM to the City all labor, miaterials, tools, equipment, services, and incidental and customary" wo; necessary to fully and adequately supply the professional inspector services necessary the Project, herein referred to as "Services". The Services are more particularly described i bi Exhibit "A" attached hereto and incorporated herein by reference, All Services, shall I MERRELL JOHNSON ENGINEERING, INC. ?aNie 2 of 10 subject t�oi, and performed in accordance with, this Agreement, the exhibits attached hereto anN incorporated herein by reference, and all appilicable local, state and federal' laws,, ruiles anN regulations. 3.1,2 Term: The term of this Agreement shall be from the September 30, 2018 to June 3 , 019 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this agreement is necessary to complete the Services 3.2.1 Control and Payment of Subordinates-, Independent Contractor: Thm- Services shall be performed by Consultant or under its supervision. Consultant w determine the means, method 's and details of performing the Services subject to th requirements of thiis Agreement. City retains Consultant on an inidepen' dent contractor bas and not as an employee, Consultant retaiins the right to performsimilar or different serv�c fN r others, during the term of this Agreement, Any additional personnel performing th! Services under this, Agreement on behalf of Consultant shall also noit be emiployees of C i v and shiall at all times, be under Consultant's exclusive direction and control. Consultant sh pay all wages, salaries, and other amounts dl,ue such personnel in connection with th performance of Services under this Agreement and as requiired by law. Consultant shall b responsible for all reports and obligations respectingi such additionall personnelincludin N ut not liimitedtooci al security t�axes, income tax withholdingi, unemployment ins,uranc disabi�lity insuirance, and workers' compensation insurance. Schedule of Services: Consultant shall perform the Servi ceis expeditiously, witHn the term of Ns Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance, with the Sicheduile, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall providie a moire detailed schedule of anticipated performance to meet the Schedule of Services. Conformance to Applicable Reqluiremients: All work prepared by Consultant shall, be subject to the approval of City, 3.2.4 Substitution of Key Personnel� Consultant has represented to City that certain key personnel will perform and coordinate the Services under thiis Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City urrt &# 06 �_#f ntitl ed to terminate this Agreement for cause, As discussed below, any personnel whofaii I or refuse i tN perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate ooimpletion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. MERRELL JOHNSON ENGINEERING, INC. Page 3 of 10 325 City's Representative: The City hereby designates the City Engineer, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"), City's Representative shall have the power to act on behalf of the City for alll purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's, Representafive or his or her designee. 3.2.6 Consultant"s Represenitativeonsultant will designate a designee to H. ct as its representative, for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act Nn behalf of the Consultant for all purposes under this Agreement. The Consultant's and shall be, respoinsilble for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement, Coordination of Services: Consultant agrees, to work closeily with City staff in the performance of Services and shall be available to City"s staff, consulta,nts and N ther staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same disciplinein the State of California. Consultant represents and ma!intains that it is skilled, in the professional caary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary tN correct errors or omissions which are caused by the Consultant's failure to comply with 'the standard of care provided for herein. 329 Laws and Regulations- Consultant shall ' keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant sha,ll be liable for all violations of such laws and regulations in connection with Services. If the Consulta,nt performs any work knowing it to be contrary to such laws, rules and regulations and wit�houl giving written notice to the CConsultant shall be solely responsible for all costs arising therefroim, Consultant shall defenid, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any, failure or alleged failure to comply with such l�aws, rules or regulafions. 12.10 Insurance: Consultant shall maintain priorto the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part MERRELL JOHNSON ENGiNEERlNG, �INC, Page 4 of 10 of this agreement. 3211 Safety-, Consultant shall execute and maintain its work so as to avoi• injury or damage to any person or property. In carrying out its Services, the Consultantsh at all times be iin compliance with all appabile local, state and federal laws, rules an regulations, and shall exercise all necessary precautions for the safety of employee appope to the nature of the work and the conditions under which the work is to b performed. Safety precautions as applicable shall include, but shall not be 11imited to: adequate life protection and life, saving eqpment and procedures; (B)i instructions i 4 -em fall protect�ion ladders, bridges, gang planks, confined space procedures,, trenching an shioring, equipment and other safety devices, equipd wearing apparel as a the proper inspection and maintenance of all safety measures, 3.3, 1 Compensation, Consultant shall receive compensatilon, includin authorized reimbursements, for all Services rendered under this Agreement and shall n• Extra Work ma be orized itc MERRELL JOHNSiOIN ENGINEERING, INC. Page 5 of 1,0 Prevailing Wage Laws. City shall provide Consultant with a copy of the prevang ratesVI' per them wages iIn effect at the commencement of this Agreement. Consultant shall mak k copies of the prevafling rates of per diem wages, for each craft� classification or type rl worker needed to execute the Services available to interested parties upon request, an*, shal�l post copIies at the Consultant's principal place of business and at the, project sit Consultant shall defend, indemnify and hold the City, its elected officials, officers, employe and agents free and harmless from any claim or liability arising out of any failure or alleges fail�ure to comply with the Prevailing Wage Laws, 3,41 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable, Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records, and any other documents created pursuant to this, Agreement. Consultant shall Yow inspection of all work, data, documents, proceedings, and activities related to, the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5.1 Termination of Agreement. 151.1 Grounds for Terminatiom Oty may, by written notice to %wIi-rminate the whole oran�,, artofthisAgreementatan time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon! termination, Consultant shall be compensated only for those services which have been, adeqivately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not termiiniate this Agreement except for cause, 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connecti Ion with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 1 15.1 3 Additional Services- In the event this Agreement is terminated iin whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective, parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Page 6 of 10 CONSULTANT: IE ELL JOHNSON ENGINEERiNG, INC, 222,21 US Hligihway 18 Apple Valley,, CA 92307 Attn: Brad S, Merrell, Principall Phone: (760) 256-2068 RM City of Rosemead 8838 E Valley Blvd Rosemead, CA 917701 Attn-, Rafael M. FajarIII do, P,E. Phone� (626) 569-2151 Fax: (626) 307-9218 Such notice shall be deemed made when personally del�ivered or when mailed, forty-eigiht (48) hours after deposit in the U.S. Mail, first class postage prepa,id and addressed to the party at its applicable address. Actual notice shall be deemed adequate noon the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 15.3.1 Documents & Data-, Licensing of Intellectual Property: wk*N-,_m reuse, or s,u, blicense any and all copyrights, designs, and other intellectual property, embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, includi:ng but not limited to, physical drawings or data magnetically or otherwise, recorded on computer diskettes, which lion, Md 02"Ml� rM. a u;nder this Agreement, Consultant represents and warrants that Consultant has the legal righit to license any and all Documents & Data, Consultant makes no such representation aind warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to, Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided thatany such use not within the purposes intended by this Agreement shall be at City'si sole risk. 15,12 Confidentialityi All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written and other Documents and Data either ..err or to Consuilta,nt in Page 7 of '10 "IMP14001161 10 - 3.5.4 Cooperation; Further Acts: The Paiii erate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 31,5i.5 Attorney's, Fees- If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees andall other costs of such action. rMKMM21 OrMlin I OVAJ H 111V 91MR11 Ito Tree and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful cleath, in any manner arising out of, pertaining to, or relating to any ne;IN iligence, errors or omissions, recklessness,, or willful misconduct of Consultant, its officials, officers, the Consultant's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, empiloyees, agents, or volunteers, in any such suiit, action or other legal proceeding, Consultant shall reim,burse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them 'in connection therewith or in enforcing the indemnity herein proIvided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers,, employees, agents, or volunteers, 3.5.7 Entire Agreement'. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be mod,i�fied by a writing signed N y both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California, Venue shall be in Los Angeles County. of this Agreement. 3.5. 10 C,ity's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5i. 11 Successors and Assigns: This Agreement shall be binding on tht ME EL JOHNSON ENGNEERING, INC. Page 8 of 10 '67fleiJ7 has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission,, percentage, brokerage fee, Is gift or other consideration contingent upon or resuilting from the award or making of th, Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants; to file, a Statement of Econornic Interest with the City's Filing Officer as required under statir, law in the performance oif the Services. For breach or violation of this warranty, City shal� have the right to rescind this Agreement without liability, For the term of this Agreement, n# membeofficer or employee of Cit�y, during the term of his or her service with City, s,h,al� have any direct interest in this, Agreement, or obtain any present or anticipated materi�a' benefit arising therefrom. "I Page 9 of 10 Prior Approval Requiired: Consultant shall not subcontract any portion of the work reqiuired by this Agreement, except as expressly stated herein, without prior written approval of City, Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. MERRELL JOHNSON ENGINEERING, INC. Page 10 of 10 A: 2.M = Ericka Hernandez, City Clerk Date FJM#M��� Rachel H. Richman Date City Attorney L� I �' = I 0 IIS Title: Iff Corporation, TWO SiGNATURES, �)resident OR V�ce President AND Seciretary, AND CORPORATE SEAL OF CONSULTANT REQUiRED] M Title; ME MERRELL JOHNSON ENGINEERING, INC. Page 1 of 10 IN1911-:1M I WV V V W V V it Consultant or Consulfants empiolyee,5 W1,11 u5t� pulbuHd I dd _j Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a stat�e-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, 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. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits, Policy shall contain a provision obligating insuirer at the time insured's liability is determined, not requiring actual payment by the insured first, There shall be no cross liability exclusion appilcasle tu kR]"�X91 1i IJIM.1 j V9. 5F17rcRrrc7,TF#TvF 07FT in the Work. The scope of coverage provided is subjeict to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,OiOO,000.00 per oc�cu,rrence. M MERRELL JOHNSON ENGINEERING, INC. Page 2 of 10 ?7TYM11#71a FlErt7,79, = TMUS777=771.17rUE-U-S r 1 a policy form coverage specificaHy designed to protect against acts, errors or omissions the consultant and "Covered Professional Services" as d 'esiiginated in the policy mu specifically include work performed under this agreement, The poficy limit shal,l be no le than $1,0100,000 per claim and iin the aggregate. The policy must "pay on behalf of' tl- insured and must include a provision establishing the insurer's diuty to defend, The polk retrM- ctive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are licensed carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size V11. General conditions pertaining to provision of insurance coverage by Consuftant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liabifity coverage required herein to indlude as additional insureds City, its officials, employees and agents,, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to req�uire all contractors, and subcontractors to do likewise. W MERRELL JOHNSON ENGINEERING, INC, Page 3 of 10 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 liabii1ity policy, shall be delivered to City at or prior to the exec:uon of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such: insurance is canceled at any time and no replacement coverage is provided, 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 City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8, Certificate(s) are to reflect that the i,nsu�rer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its, insurer to modify such certificates mow- any exculpatory wording g that failure of the insurer to miaill written notice of canicellat�ion imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 8It 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 r• a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or i�nvolved in the project by Consultant, provide the same milnimum insurance coverage, reqed of Consultant. Consultant agrees to monitor and review all such coverage and assumes, all responsibility for ensuring that such coverage is provided in conformity requirements of this section, Consultant agrees that upon request, all agreements with subcontractors and others engaged iin the project will be submitted to 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 reiquiire,d herein and further agrees that it wilil not allow any cointractor, subcontractor, Architect, Engiinieer or other entity or person in any way involved in the performance of work oiin the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coveragi ,e 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 • =r w .. eductible 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 contract 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 add ;Itional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. W MERRELL JOHNSON ENGINEERING, INC. Page, 4 #.. 1 Oi 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 fall�ure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15, Consultant will renew the required coverage aninually as long as City, or its employees or agents face an exposure from IMM erat�ions 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 obliligation is not effective until City executes a written statement to that effect. i 16. Consultant shall provide proof that pollicies of iinsurance 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. A 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 City within five days of the expiration of the coverages, 17. The provisions of any workers' compensation or similar act will not lim,it the obligations of Consultant under this agreement. Consultant expressly agrees not to use anystatutory immunity defenses under such laws with respect to; Ciity, its employees, officials and a,glients. rf&R-equirements ol-s-pe-c-ift—ccove rage Teia-tures or I s comainel.-Tr lis seciTiMM-F not intended as, limitations on coverage, limits or other reqements 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 arVI 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 with 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 project reserves the right to charge City or M 'Trr- Page 5 of 10 Consultant for the cost of additional insurance coveragie required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to proivide immediiiate notice to City of any claim or loss against Consultant arising out of the work, performed u1nder this agreement. City assumes no *bligation or liability by such not�icei, but has the right (but not the duty) to monitor the i handling of any such claim or claims if they are likely to invoilve City. M