HomeMy WebLinkAbout2024-07-16; City Council; Resolution 2024-173RESOLUTION NO. 2024-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT WITH REDDY ENGINEERING SERVICES, INC. TO PROVIDE
CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING
SERVICES IN AN AMOUNT NOT TO EXCEED $415,379 FOR THE 2023 SLURRY
SEAL PROJECT, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6001-23SS
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary,
desirable and in the public interest to hire a firm experienced in construction management, inspection
and materials testing services for the 2023 Slurry Seal Project, Capital Improvement Program, or CIP,
Project No. 6001-23SS, or Project; and
WHEREAS, on May 2, 2024, staff posted a Request for Proposa ls, or RFP, for solicitation to
provide construction management, inspection and materials testing services for the Project; and
WHEREAS, on June 6, 2024, staff received three proposals in response to the RFP; and
WHEREAS, upon review of the proposa ls based on best-value criteria consistent with Carlsbad
Municipal Code, or CMC, Sections 3.28.0S0(D)(2) and 3.28.060 and criteria provided in the RFP, staff
ranked Reddy Engineering Services, Inc. as the most qualified consultant to provide construction
management, inspection and materials testing services for the Project; and
WHEREAS, staff and Reddy Engineering Services, Inc. negotiated the scope of work and the
associated fee in an amount not to exceed $415,379 to provide construction management, in spection
and materials testing services over an initial one-year term with one additional one-year extension as
authorized by the City Manager; and
WHEREAS, the Project funding sources include non-jurisdictional fees, which are generated
from trash haulers, gas tax and TransNet local funds, and sufficient funding is ava ilable in the account
for the Pavement Management Program, CIP Project No. 6001, to complete the Project and cover the
agreement for the construction management and inspection services; and
WHEREAS, CMC Section 3.28.0G0(D)(S) requires the City Council to approve professional
se rvices agreements when the value exceeds $100,000, so the Agreement with Reddy Engineering
Services, Inc. is su bject to this requirement; and
WHEREAS, the City Planner determined on April 5, 2024, that the slurry seal project qualified
for an exemption under California environmental Quality Act, or CEQA, Guidelines Section 15301(c) -
Existing Facilities. A notice of intended decision regarding the environmental determination for this
project was advertised and posted on the city's website. No comment letters or appeals were received
and, consistent with CM C Chapter 21.54 -Procedures, Hearings, Notices, and Fees, the City Planner's
written decision is final.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized and directed to execute the professional services
agreement with Reddy Engineering Services, Inc. in an amount not to exceed $415,379
for construction management, inspection and materials testing services for the 2023
Slurry Seal Project, CIP Project No. 6001-2355, which is attached hereto as Attachment
A.
3. That the City Manager is authorized to amend the Agreement to extend the term for
one (1) additional one (1) year period or parts thereof.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16th day of J.!!!y, 2024, by the following vote, to wit:
AYES:
NAYS :
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER.
NONE.
NONE.
LUNA.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
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PSA24-3473CMI
AGREEMENT FOR CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIALS TESTING SERVICES
FOR THE 2023 SLURRY SEAL, PROJECT NO. 6001-23SS
REDDY ENGINEERING SERVICES, INC.
__-1HIS AGREEMENT is made and entered into as of the \:J-\i-. day of ~\JI\~ . 2024, by and between the City of Carlsbad, California, a municipal
corporation ('~ity") and Reddy Engineering Services, Inc., a California corporation ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in construction
management, inspection, and materials testing services.
B. Contractor has the necessary experience in providing professional services and advice
related to construction management, inspection, and materia.ls testing services.
C. Contractor has submittec;l a proposal t o City under RFP24-3438CMI and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, t hose services (the "Services") that
are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this
Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the rea sonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan
Southern California area, and will use reasonable diligence and best judgment while exercising its
professional skill an d expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date first above written.
The City Manager may amend the Agreement to extend it for one (1) additional one (1) yea r period or
part thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs,
and appropriation of funds by the City Council. The parties will prepare a written amendment indicating
the effective date and length of t he extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agree ment.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
four hundred fifteen thousand three hundred seventy nine dollars ($415,379.00). No other compensation
for the Services will be allowed except for items covered by subsequent amendments to this Agreement.
The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work
and/or Services specified in Exhibit "A."
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
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Attachment A
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6. PUBLIC WORKS
6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work,
including work performed during design and preconstruction such as inspection and land surveying work,
cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under
California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general
prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those
as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of
the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of
applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the
said specified prevailing rates of wages to all such workers employed by him or her in the execution of the
Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor
Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records,
and making them available for inspection. Contractor shall require any subcontractors to comply with
Section 1776.
6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any
subcontractor or subconsultant performing any public work under this Agreement to be currently
registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section
1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be
qualified to engage in the performance of any contract for public work, unless currently registered and
qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of
public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City
with the subcontractor or subconsultant's current DIR registration number.
7. CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore
(www.procore.com) online project management and document control platform. The intent of utilizing
Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team
dynamic by improving information flow, reducing non-productive activities, reducing rework and
decreasing turnaround times. The Contractor is required to create a free web-based Procore user
account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system.
Unless the Engineer approves otherwise, the Contractor shall process all project documents through
Procore because this platform will be used to submit, track, distribute and collaborate on project. If
unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall
complete a free training certification course located at http://learn.procore.com/procore-certification-
subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either
through the online training or reaching out to the Procore support team. It will be the responsibility of the
Contractor to regularly check Procore and review updated documents as they are added. There will be no
cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
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8. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit
of Contractor's independent calling, and not as an employee of City. Contractor will be under control of
City only as to the result to be accomplished, but will consult with City as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation
to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. City will not be required to pay any workers'
compensation insurance or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers' compensation
payment which City may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct
the indemnification amount from any balance owing to Contractor.
9. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City. If
Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and
omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this Agreement will create any contractual relationship between any subcontractor
of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind
every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved
in writing by City.
10. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
11. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City
and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then,
and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a
final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the
cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as
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a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or
early termination of this Agreement.
12. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damage to property which may arise out of or in
connection with performance of the services by Contractor or Contractor’s agents, representatives,
employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and
authorized to do business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)
latest quarterly listings report.
12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect
Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an
additional insured.
12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis,
including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for
City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession
with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years
following the date of completion of the work.
12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
12.2.1 The City will be named as an additional insured on Commercial General Liability which
shall provide primary coverage to the City.
12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
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12.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires
and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.
12.2.4 This insurance will be in force during the life of the Agreement and any extensions of it
and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant
to the Notice provisions of this Agreement.
12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement,
Contractor will furnish certificates of insurance and endorsements to City.
12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages,
then City will have the option to declare Contractor in breach, or may purchase replacement insurance or
pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor
is responsible for any payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor under this
Agreement.
12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and
certified copies of any or all required insurance policies and endorsements.
13. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as
may be amended from time-to-time.
14. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of records and any other
documents created pursuant to this Agreement. Contractor will allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of four (4) years from the
date of final payment under this Agreement.
15. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this
Agreement is the property of City. In the event this Agreement is terminated, all work product produced
by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered
at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s
records.
16. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor
relinquishes all claims to the copyrights in favor of City.
17. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of City and on behalf of Contractor under this Agreement are:
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For City For Contractor
Name Steve Didier Name Vinay Reddy
Title Municipal Projects Manager Title President
Department Public Works Address 3160 Camino Del Rio South, Ste. 103
City of Carlsbad San Diego, CA 92108
Address 1635 Faraday Ave. Phone No. 510-409-2640
Carlsbad, California 92008 Email vinay@reddyengineering.com
Phone No. 760-994-9485
Each party will notify the other immediately of any changes of address that would require any notice or
delivery to be directed to another address.
18. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or
interests as required in the City of Carlsbad Conflict of Interest Code.
Yes ☒ No ☐
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
19. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which
in any manner affect those employed by Contractor, or in any way affect the performance of the Services
by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and
regulations and will be responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will
comply with those requirements, including, but not limited to, verifying the eligibility for employment of
all agents, employees, subcontractors and consultants whose services are required by this Agreement.
20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
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emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
21. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
22. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used
to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties.
Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A
copy of such documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative receiving the letter
will reply to the letter along with a recommended method of resolution within ten (10) business days. If
the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will
be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the action of the City
Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the
parties from seeking remedies available to them at law.
23. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate
this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City
decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City
may terminate this Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based upon the work
product delivered to City and of the percentage of work that Contractor has performed which is usable
and of worth to City in having the Agreement completed. Based upon that finding City will determine the
final payment of the Agreement.
City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor
may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of
termination of this Agreement by either party and upon request of City, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed and
the compensation to be made.
24. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a
bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award
or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this
Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent
fee.
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25. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be
asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to
City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this
Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include false claims made with deliberate ignorance of the false information or in
reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the
False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work
or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another
jurisdiction is grounds for City to terminate this Agreement.
26. JURISDICTION AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at
law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for
by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of
California, and the parties waive all provisions of law providing for a change of venue in these proceedings
to any other county.
27. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and
their respective successors. Neither this Agreement nor any part of it nor any monies due or to become
due under it may be assigned by Contractor without the prior consent of City, which shall not be
unreasonably withheld.
28. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than the
City and Contractor.
29. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along with
the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the
Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be
amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may
be executed in counterparts.
30. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor
each represent and warrant that they have the legal power, right and actual authority to bind Contractor
to the terms and conditions of this Agreement.
[signatures on following page]
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Executed by Contractor this_26~---day of June 2024.
CONTRACTOR
REDDY ENGINEERING SERVICES, INC.,
a California corporation
By:
(sign here)
Vinay Reddy,
President and Chief Financial Officer
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal corporation of
the State of California
By:
Keith Blackburn, Mayor
ATTEST:
SHERRY FREISINGER, City Clerk
By:
Deputy City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached . .!f...2
corporation, Agreement must be signed by one corporate officer from each of the following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
By: --'bf'---'-t,u,____:.~"---~-----
Assistant City Attorney
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EXHIBIT A
SCOPE OF SERVICES AND FEE
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Annual Budget
LABOR
CONSRUCTION PROJECT INSPECTOR COMPLIANCE
PRINCIPAL-IN• MANAGER/ SR. PROJECl TECHNICAL ADVISOR • PREVAILING WAGE STORMWATER OUTREACH MATERIALS /PROJECT
CHARGE INSPECTOR (AS-NEEOEO) (NIGHT WORK) SPECIALIST COORDINATOR TESTING CONTROLS
RATE $225.00 $21S.OO $230.00 $215.00 $215.00 $155.00 $78,792 $80.00 HOURS FEE
1. CONSTRUCTION MANAGEMENT ADMINISTRATION $·
1. 1 REVIEW CONTRACT DOCUMENTS/ ROAD REVIEWS/
MARKOUT 8 140 140 4 4 296 $63,479.44
1 .2 PREPARE/ CONDUCT PRE-CONSTRUCTION MEETING 4 2 4 4 14 $2,769.98
1 .3 PERFORM CONSTRUCTION MANAGEMENT AND
ADMINISTRATION 16 80 80 176 $37,999.68
2 PERFORM FIELD INSPECTION AND DOCUMENTATION 0 $·
2.1 INSPECTION 660 8 120 144 932 $200,497.36
2.2 PUBLIC INTERFACE 40 40 $6,200.00
2.3 DOCUMENTATION 40 40 $3,200.00
2.4 PUNCH UST 60 20 80 $17,199.76
3. MATERIALS SAMPLING AND TESTING (See
Attachment A) 0 $·
3.1 FIELD SAMPLING AND TESTING 0 $-
3.2 LAB TESTING 0 $·
4. COMPLETE REPORTS AND JOB CLOSEOUT 0 $·
4.1 FINAL REPORTS AND JOB CLOSEOUT 8 16 24 $5,239.94
TOTAL ESTIMATED SERVICES (170 WO): $7,200.00 $206,396.16 $1,840.00 $77,830.00 $32,680.00 $7,440.00 $78,792.00 $3,200.00 1602 $415,378.16
TASK 1.GEOTECHNI.CALOBSERVATION&TE5TING
A. Technician Ob.s-t!rviltionandTt!1ting 5ervicr1 During Construction
Field Tester /Technician (Patch Repair.;! 200 hr.; Assume 25 v~its at 6to 8 hour.; each $220.00 $44,000.00
Field Tester /Technician -Night Work (Patch Repair.;) 40 hr.; Assume 5 visits at 6 to 8 hour.; each $255.00 $10,200.00
Soil Maximum Density (ASTMD1557/Proctorl 2 tests Assume 2 soi I types $305.00 $610.00
Hveem Stability (ASTM D15601 2 tests Assume 2 HMA types; pre-production $285.00 $570.00
Unit Weight, HveemMethod (ASTM D15611 2 tests Assume 2 HMA types; pre-production $215.00 $430.00
Maximum Theoretical Specific Gravity (ASTM D2041) 2 tests Assume 2 HMA types; pre-production $140.00 $280.00
Sand Equivalent (CT 2171 2 teru $115.00 $230.00
Durability Index, .c&F (CT229) tests $215.00 $215.00
LA Abrasion, % loss (CT 211) tests $215.00 $215.00
Soundness,assume 2 sizes (ASTM.C88) 2 tests $240.00 $480.00
Sieve Analys ~ (ASTM .C 1 36 l 2 teru $155.00 $310.00
Wet Track Abrasion (ASTJ\i D39101 40 teru $160.00 $6,400.00
Extraction Test (ASTM D6307, CT 3821 20 tests $160.00 $3,200.00
Slurry Seal Water.Content 3 teru $70.00 $210.00
lg nit ion Oven (al i brat ion tests $440.00 $440.00
ESTIMATED SUBTOTAL-GEOTE.CHNl.cAL $68,192
TA5K2
PROJE(T MANAGEMENT, ADMINISTRATION, AND FINAL REPORT
Project Manager 40 hr.; Field coord, Dispatch, Document Control $265.00 $10,600.00
ESTIMATED SUBTOTAL $10,600
ESTIMATED TOTAL FEE $78,792
6
Project Approach4Project Approach4
Proposed Efficient Project Approach
Our team is personally invested in this project. Several of our team members
live in Carlsbad, including RE Services founder, Vinay Reddy, PE, QSD. In the role
of Construction Manager/Sr Project Inspector, Vinay will be the primary point-
of-contact for the City and will ensure the project is completed on time, within
budget, and to the required quality standards outlined in the contract documents.
To achieve our Top 5 goals, our construction
administration approach uses best practices from similar
scopes of work throughout the region.
Understanding and Minimizing Issues
RE Services relishes the opportunity to perform
preconstruction services prior to issuing the plans
for construction. We propose beginning with what
we call “road reviews.” We will drive each roadway
with a GoPro attached to the dash, creating an all-
encompassing record of the road segment just prior
to construction. This process includes documenting
existing conditions, performing quantity takeoffs and
and noting any issues that City maintenance should
be aware of, such as those shown in Figure 2 on the
following page. Deliverables we will provide upon
completion of our road reviews include:
• Detailed project timeline
• Comprehensive item
forecast
• Before photos and videos
• Utility log
• Scope of work
confirmation
• Risk Management Plan
• Permitting and
Compliance Plan
• Traffic Management Plan
• Quality Assurance and
Testing Plan
• Communication Plan
• Safety Plan
RE Services is ready to hit the ground running and will
further refine our preliminary road review to optimize
your project for the maximum return on investment.
Quality Assurance
Quality Control and Oversight | Martin Phillips, PE,
QSP, will serve as Technical Advisor, and will review the
contract documents to ensure that all requirements
are clearly understood and adhered to. He will spot
check document controls such as submittals and RFIs
and attend the preconstruction meeting and the
paving preconstruction meeting prior to asphalt work.
Martin will assist Vinay and Leighton by reviewing all
Greenbook mix design submittals, and review all test
reports including any non-conformance testing outside
of contractual compliance.
Punch List | Vinay will engage City stakeholders to
provide a quality finished product. As a best practice,
we issue punch lists for phases of work as they complete
to give the contractor a clear understanding of what
will be required prior to acceptance. On CS23A for the
City of Encinitas, for example, the concrete curb ramps
were completed a few weeks into the project, and we
provided a comprehensive punch list to avoid any issues
associated with remobilizing the subcontractor at the
end of the project.
Field Inspection Services | Vinay will conduct full-time
field inspection. He will track the contractor’s progress
and document labor, equipment, and materials in
a thorough daily diary. He will obtain sign off on
an agreed-upon quantity report each day with the
contractor, an excellent tool to avoid discrepancies.
Materials Sampling and Testing | We have engaged
Leighton to conduct materials sampling and testing to
assure quality. Our approach is provided under Special
Testing and Inspection Services on page 10.
Safety Zero Recordables1
Budget Return a portion of contract contingency by change control management3
Schedule Complete the project on time4
Outreach Develop a positive public perception5
Top 5 Goals
2 Quality Meet all contract quality and material standards
Legend: RFP Hot Buttons Identified
Quality Assurance
Knowledge of Codes, Standards, and
Regulations
DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5~ ~----------,
-, I • ll.
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City of Carlsbad RFP 24-3438CMI
Construction Management and Inspection Service for 2023 Slurry Seal Project
7
Figure 2: RE Services’ Initial Road Review Map - Challenges and Solutions
ISSUES IDENTIFIED
Calle Acervo
Unmarked digout/patches
Lateral crossing work needed soon at Calle Barcelona
Outreach. School zone. Work during school break
Various depressions/sinking at wet utilities
Possible buried manhole
Calle Timiteo
Unmarked digout/patches
Extra caution at stamped concrete at apartment entrance
Outreach. Lots of street parking due to apartments
Significant asphalt and slurry unraveling.
Calle De Los Coches
Unmarked digout/patches
Major depression/sinking at manhole
Outreach. School zone. Work during school break
Calle Barcelona
Unmarked digout/patches
New bike lane/striping - Paseo Almendro to Rancho Santa
FeBatiquitos Dr
Unmarked digout/patches
Major weed abatement and control needed
El Camino Real - Arenal to Aviara
Unmarked digout/patches
Outreach. Fire station in the vicinity
Major weed abatement and control needed
Need clarification on limits at Aviara Parkway
Extremely long longitudinal crack along lane line joint
The Crossings Dr
Buried water valve
Unmarked digout/patches
ADA ramp leads to unsafe asphalt crosswalk
Broken survey monument frame
Water valves below surface grade
Paseo Del Norte
Unmarked digout/patches
Major weed abatement and control needed
Extra caution with stamped concrete crosswalks
Outreach. Car dealership zone, lots of street parking used
El Camino Real - Marron Rd to Chestnut Ave
Unmarked Digout/Patches
Possible buried water valve
Possible buried monument
Water valve below surface grade will get deeper
Tamarack Ave
Unmarked digout/patches
Buried survey monument
Outreach. School zone. Work during school break
Harding St
Unmarked digout/patches
TS loops affected at Harding & Carlsbad Village
1 Circulo Adorno – Buried Manhole
Challenge: Unmarked utility
manhole, based on failure size
and shape.
Solution: Our crew will mark out and work with
Carlsbad’s utility coordinator to identify and
confirm utility and adjust in contract.
Benefit: RE Services detects
unmarked utilities in roads,
providing benefits such as
cost savings from avoiding
repairs and keeping projects
on schedule. We collaborate
with local utility agencies for
better coordination and risk
management. This enhances
resource efficiency and prolongs
your road’s lifespan.
5 Calle San Blas – Unsuitable Soil
Challenge: Location shows signs
of unsuitable material, asphalt
settling/sinking.
Solution: Our crews will work with Public Works
and possibly perform a leak investigation then
proceed with a Digout / Full Depth Repair. (6”
Digout)
Benefit: Addressing these issues
early through repairs
can prevent further
damage to the road
and surrounding
infrastructure,
potentially saving
money on more
extensive repairs in
the future.
Paseo del Norte (Car Country) - High Traffic Volumes
Challenge: Paseo del Norte is
a high-volume arterial road
servicing key commercial
tenants, including Carlsbad
Premium Outlets, The
Flower Fields, The Windmill
Foodhall, Car Country Drive,
and the Strawberry Fields
U-Pick, especially busy
during peak seasons.
Solution: Vinay will highlight this critical road
segment during the kickoff meeting with the City
and the Contractor. He will ensure strict adherence
to the TCP and notification specifications including
PCMS placement. To enhance stakeholder outreach,
RE Services will collaborate with City Staff and
Stakeholders to communicate project schedules and
challenges directly. To ensure safe passage, Vinay will
suggest to enhance temporary striping (cat tracking
with one coat paint) to ensure safe passage until the
final pavement delineation is applied.
Benefit: Early engagement with the Contractor and Stakeholders fosters trust among
the project team and tenants, ensuring positive public perception of the project.
2 Golden Start Ln. – Digout Sample
Challenge: Location shows
fatigue (alligator) cracking.
Solution: Our crew will mark out and encumber
funds from contingency to perform patch repairs
shown.
Benefit: Early marking
by our crews allows for
proactive problem-solving,
reducing potential delays
and ensuring efficient use
of resources. This foresight
aids in maintaining a high
standard of quality and
care, ultimately resulting
in durable and long-lasting
road constructions.
6 Circulo Adorno – Digout Sample
Challenge: Location shows
fatigue (alligator) cracking.
Solution: Our crew will mark out and encumber
funds from contingency to perform patch repairs
shown.
Benefit: Early marking
by our crews allows for
proactive problem-solving,
reducing potential delays
and ensuring efficient use
of resources. This foresight
aids in maintaining a high
standard of quality and
care, ultimately resulting
in durable and long-lasting
road constructions.
7 The Crossings Dr. – Broken Monument
Challenge: Location shows
broken survey monument.
Solution: Our crew will work with Carlsbad’s
utility coordinator and the contractor to replace
and adjust monument to grade per SDRSD M-10.
Covered under BI 25.
Benefit: In some cases
broken survey monuments
may pose safety hazards,
especially if they are located
in public areas or near
roadways. Repairing these
monuments helps ensure
public safety by eliminating
potential tripping hazards
and preventing accidents.
8 The Crossings Dr. – Below Grade Valves
Challenge: Location shows
multiple water valves below
surface grade.
Solution: Our crew will work with Carlsbad’s utility
coordinator and the contractor to provide slip
cans or riser rings in order to adjust the valves to
surface grade.
Benefit: Drivers can stay
in control of
their vehicles
and prevent
suspension
damage.
Easy and fast
access to water
valve in case of immediate
shutdown.
3 Grand Pacific Dr. – ADA Safety
Challenge: Location shows
tripping hazard, uneven surface
distress.
Solution: A patch repair to provide a smooth and
safe crosswalk and remove any tripping hazards
for the safety of pedestrians and people using
wheelchairs.
Benefit: Protects public
safety.
4 The Crossings Dr. – Buried Water Valve
Challenge: There is a visible
buried water valve.
Solution: Our crews will mark out and work with
Carlsbad’s utility coordinator to identify and
confirm utility and adjust in contract.
Benefit: RE Services detects
unmarked utilities in roads,
providing benefits such as
cost savings from avoiding
repairs and keeping projects
on schedule. We collaborate
with local utility agencies for
better coordination and risk
management. This enhances
resource efficiency and
prolongs your road’s lifespan.Cracking Along Outside Edge
6x12
2x2
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2”
12x34 5x1711x23
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City of Carlsbad RFP 24-3438CMI
Construction Management and Inspection Service for 2023 Slurry Seal Project
8
Strategies to Provide Services Efficiently and Cost-effectively
Cost Approach
We have optimized our CM approach and cost proposal
to provide the City of Carlsbad with the value that can be
expected from RE Services. Our cost proposal accounts
for an additional as-needed inspector to assist with
multiple crews to ensure full coverage of the project.
Typically, the as-needed inspector will be used during
digout activities and PCC improvement the first two
months prior to seal scope. Vinay will assist with fieldwork
to ensure the project is covered, while remaining budget
efficient. Vinay will also assist in completing the project
final delivery reports to satisfy funding requirements.
Schedule and Budget Management
We will monitor the project schedule and budget
closely to ensure that the project is completed on
time and within budget. Contractor pay estimates will
be accompanied with a Fiscal Accounting of Financial
Contingency (FAFC) form identifying the projected
remaining funding based on item adjustments and
change orders. Monthly task order invoices will be
supplemented with burn rate sheets indicating the
remaining task order balance so both parties can
proactively manage task order budgets and eliminate
surprises if/when a task order amendment is needed.
Vinay helped pioneer the “burn-rate” sheet to estimate
remaining project task order budgets based on the
weekly statement of working days (WSWD) to clearly
communicate the construction and CM budgets as the
project develops.
RE Services has never overrun a program budget
in our six-year history.
Quantities | RE Services recently developed a quantity
tracker that breaks out the engineer’s estimated
quantities by road segment. We use this information to
tentatively agree on daily quantities with the contractor
to eliminate disputes during progress payments and
Proposed Final Estimate (PFE).
Construction Services
Construction Document Controls | We will invite
the City to view and edit our document controls for
accuracy and completeness. Vinay will leverage his
construction document controls experience on similar
projects to diligently:
• Receive, log, and review all submittals, RFIs, and
change order requests
• Compare all items to the contract documents and
involve the City PM and designer, as needed
• Work with Leighton to review the AC mix and concrete
mix designs
•Track and process weekly statements of working days
for the project file and dissemination to stakeholders
Weekly Meetings and Reports | RE Services will act as
an extension of your staff, providing the information you
need, when you need it. We will host the construction
meetings, beginning with the preconstruction meeting,
to calibrate expectations for the contractor and
stakeholders and align them with the important aspects
of the contract documents. We will provide weekly
construction reports at a high level of detail showcasing
the key events of that week so City Management feels
engaged on developments and nonconforming activities.
Traffic Control | Maintaining safe access for pedestrians
and vehicles is essential to delivering a safe project.
We will review traffic control plans against the contract
documents, including the regional standards, and we
will work with the contractor to ensure contingency
plans are in place for each road segment and
stakeholder affected. We will also ensure that the
contractor complies with the working hours allocated in
the contract and coordinate cutoff tonnages so no open
cuts exist prior to leaving the site. Any deficiencies will
be documented as field memorandums and/or issued
as letters of non-conformance and will be reviewed at a
subsequent construction meeting.
Utility Coordination | We will work with local utilities,
including the City’s forces, to ensure thorough
communication is provided and expectations are being
met. We will transmit the 3-week lookahead schedule to
local utilities and contact them if adjustments for the asphalt
roads or elements within the digout limits are planned.
Labor Compliance | RE Services will engage with
the prime contractor to oversee all aspects of labor
compliance, including:
• Collect all DAS140 Forms (prime and subs) within 10
days of the contract award.
• Compile list of subcontractors involved in prevailing
wage work.
DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5
City of Carlsbad RFP 24-3438CMI
Construction Management and Inspection Service for 2023 Slurry Seal Project
9
• Manage anticipated prevailing wage determination
information for each contractor.
• Receive and organize all fringe benefit statements for
covered work.
• Manage and file all certified payroll records, including
non-performance and final reports, along with the
DIR upload confirmations stored in project files and
archived with each project.
As-Built Drawings | Where applicable, we will track
redlines on our hard copy set of plans and use
Bluebeam to create an electronic set. Change orders
and RFIs will be incorporated into the plan set to reflect
final conditions. We understand that the pavement
maintenance contracts often include quantity tables
and not plan sheets. We will provide as-built quantity
tables, updating the road segment actual quantities
and including type of treatment, date of treatment, and
material used, to issue to City Maintenance at turnover.
The final sets will be as-built stamped and signed by
Vinay to certify.
Public Outreach | Southwest Strategies, LLC (SWS) will
be available on an as-needed basis to assist with public
outreach to address the complexity, schedule, and
constantly changing work zone locations.
Familiarity with Local Procedures
RE Services is extremely knowledgeable regarding
industry-wide and local construction management
procedures. Vinay, through his experience delivering
contracts with clients throughout the County of San
Diego, is well-versed in the Greenbook Specifications
for Public Works, the State General Construction Permit,
San Diego Regional Water Quality Control Board
Regulations, the State of California Public Contract Code,
and the California Coastal Commission regulations. He
also has expertise in Contract Change Order processes,
construction schedule analysis, interpreting and
enforcing San Diego Regional Standard Drawings and
San Diego County Design Standards, providing detailed
daily reports and other reporting, and maintaining the
Caltrans filing categories and system using cloud storage.
RE Services has also worked successfully with other
local agencies such as Caltrans District 11, SANDAG, the
County of San Diego, and the City of Chula Vista, and is
familiar with the Caltrans Construction Manual, Caltrans
Standard Plans and Specifications, California MUTCD, and
more. Vinay has a strong understanding of these manuals
and standards and will successfully utilize them, as well as
quickly adapt to new standards and systems, to manage
the project.
Our familiarity with state and local procedures and
commitment to digital innovation allows us to be
efficient, agile, and quick to provide City staff with
information to allow for educated decisions.
Safety
A staple of the RE Services construction meetings, field
meetings, and inspections is the proper use of Personal
Protection Equipment (PPE). Not only does improper
PPE ruin award-winning project photos, but this unsafe
practice does little to promote confidence with other
aspects of the project, such as quality.
Cyclists are an important project stakeholder, and we
will prioritize maintaining safe passage through our
construction zones as well as after construction. We pay
close attention to construction signing and pavement
markings, especially for bike lanes, to confirm that
cyclists are able to safely navigate City roads.
RE Services conducting a Tailgate Safety Meeting FY 20-21 Asphalt Concrete Overlay - East, Crest, CA
Stormwater and Environmental Compliance
We will work with the City to understand environmental
risks and constraints, including proper enforcement of
the Construction General Permit (CGP) related to project
improvements. Amy Comte, a Trainer of Record, QSD/P,
CPESC, and CESSWI, can assist Vinay in ensuring the
contractor administers best management practices (BMP)
to maintain compliance with the Construction General
Permit (CGP). Given the number of mobilizations, it is
vital for the contractor to provide BMPs such as inlet
protections, proper laydown controls including fiber roll
perimeters, stockpile management, and street sweeping.
DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5
City of Carlsbad RFP 24-3438CMI
Construction Management and Inspection Service for 2023 Slurry Seal Project
10
5.Special Inspection & Testing
Services
Materials Testing Services| We selected Leighton
to perform materials testing and inspection based
on their proven track record working with both RE
Services and the City. Leighton’s on-call services to
the City of Carlsbad include materials testing and
inspection for asphalt, concrete, aggregate base,
rebar, and high-strength bolting; geotechnical
observation and testing during grading and trench
backfill activities; as well as observation during the
implementation of ground improvement mitigation
measures. Leighton is familiar with the City of
Carlsbad’s infrastructure goals.
During the submittal review process, Vinay will
develop and attach a work plan to our submittal
response that identifies relevant contract
specifications, including material testing methods,
frequencies, and tolerances, to ensure that the work
performed by the contractor meets the quality
standards of the contract. He will provide these
work plans to the project inspectors and to Leighton
as a form of quality assurance. For big scope items
like slurry seal and asphalt concrete, we hold
a pre-paving meeting with the contractor, our
testing subconsultant, and our CM team to
discuss the operation, the testing schedule,
and risk items. Vinay will work with Leighton’s
management to collect testing results in a timely
manner and communicate the results to the City
and contractor. Vinay will also communicate with
Leighton’s field technicians to identify testing issues
as construction progresses.
Example testing requirements we anticipate using in
our plan to be presented prior to construction:
Field Testing | Compaction testing by Nuclear method
per ASTM D6938, or Sand Cone method per ASTM
D1556, Concrete slump test per ASTM C143, Asphalt
density per ASTM D6938 or CT375.
Laboratory testing | Asphalt, Soil maximum density/
optimum moisture curves by ASTM D1557 method
or CT 216 method, Sieve analysis wet per ASTM D422,
Fines wash per ASTM D1140, Hamburg Wheel Track
(AASHTO T324), Asphalt Moisture Content (CT 370),
HMA Compaction (CT 304), AC HVEEM Max Density (CT
375), Marshall Max Density (ASTM D6926), Stabilometer
(CT366); Type II Slurry EAS ASTM D3910, ASTM D6307
or CT 382, Type II Aggregate sieve CT 202, % wear ASTM
C131, SE D2419, and Soundness C88.
6. Hours
We provide the right services at the right time to
maximize your return on investment. Our upfront
services planning and collaborating with the selected
contractor ensure a smooth project progression without
surprises. Our proactive, cost-conscious approach is how
we guarantee the highest standards of quality and best
value for your investment. Our fee proposal includes
a range of value-added services aimed at ensuring
seamless project progression without disruptions to the
public or contracted workforce.
7.Appendix
Signed versions of the Consultant Statement of Compliance
with City Insurance Requirements ; Certification of Proposer;
and Addendums are provided in the attached Appendix.
Materials Sampling and Testing Process
YES
YES
NO NO
Issue results to
Contractor and
place in file
Submittal conforms to contract?
Contractor
provides
material
submittal
RE schedules Leighton
to perform sampling at
Plant (periodically) and
field testing
Test results conform?
Address
comments
and Resubmit
Contractor
schedules
work
Understand if it’s out of contract limits and evaluate condition of
material incorporated into the Work. Set up meeting with City to
address non-conformance and corrective actions
START
STOP
DocuSign Envelope ID: C742892D-9EBC-42E3-B1AC-1E3BF9060AF5I ____ -_____ _