1239-20 Construction Inspection Services for Rosecrans Ave. Street

City of Manhattan Beach

Public Works Department Phone: (310) 802-5353 FAX: (310) 802-5351 TDD: (310) 546-3501

REQUEST FOR PROPOSAL

PROPOSAL NUMBER: 1239-20 PROPOSAL TITLES: PROFESSIONAL CONSTRUCTION INSPECTION SERVICES FOR ROSECRANS AVE. STREET RESURFACING PROJECT REQUESTING DEPARTMENT: Public Works RELEASE DATE: March 6, 2020 DUE DATE: Thursday, April 2, 2020 @ 3:00 P.M. PST

Notice is hereby given that the Office of the City Clerk of the City of Manhattan Beach will receive proposals. Each proposal must be submitted in a sealed envelope and clearly marked:

“RFP # 1239-20, CONSTRUCTION INSPECTION SERVICES – ROSECRANS AVE. STREET RESURFACING PROJECT”

Failure to identify the proposal on the envelope may result in disqualification of the proposal.

Sealed proposals for this project must be submitted to the office of the City Clerk at 1400 Highland Avenue, Manhattan Beach, CA 90266. Proposals will be received until 3:00 P.M., Thursday, April 2, 2020.

Proposals will not be opened at that time, but will be submitted to the Public Works Department for verification and compliance. The City reserves the right to make no award.

Proposals received after the deadline will be considered late. Such proposals may be returned unopened. Faxed or emailed proposals are not acceptable.

Please direct any inquiries regarding this RFP to Dru Leonard, [email protected], by no later than 12:00 Noon PDT, March 18th, 2020.

Dated: This 6th Day of March, 2020

Dru Leonard General Services Coordinator

City Yard Address: 3621 Bell Avenue, Manhattan Beach, CA 90266 Visit the City of Manhattan Beach web site at http://www.citymb.info

Instructions to Bidders/Definitions The following meanings are attached to the following defined words when used in these specifications and the contract: The word "City" means the City of Manhattan Beach, California. The word "Bidder" "Vendor," Supplier," or "Contractor" means the person, firm, or corporation submitting a bid on these specifications or any part thereof.

Filing Date All bids must be received at or before the time indicated above. Copies of all forms, specifications, and exhibits are available from the office of the Purchasing Agent for the City of Manhattan Beach (310) 802-5569.

Reservations The City Council reserves the right to reject any and all bids received; to take all bids under advisement for up to 120 days after opening; to waive any informality on any bid; and to be the sole judges of the relative merits of the material mentioned in the respective bids received. The Council also reserves the right to reject any item(s), award more than one contract for each of the items, and reject bids that are not accompanied by the requested information.

Bid Form • No telephone, electronic or facsimile proposals will be accepted. • If the bid is made by an individual, it must be signed by the full name of the Bidder and include the Bidder's complete address. If it is made by a firm, it must be signed with the co-partnership name by a member of the firm, and the name and full address of each member must be given. If it is made by a corporation, it must be signed by the proper officer in the corporate name. • The phraseology of the bid must not be altered in any way. • Bids are subject to acceptance by the City for a period of 120 days, unless a different period is prescribed in the Bid by the bidder. • Bidders are invited to attend the bid opening at the date and time City advised above. • Bid results are available by calling the office of the Purchasing Agent at (310) 802-5569.

The Contract The Bidder to whom the award is made will be required to enter into a written contract with the City. A copy of the Notice Inviting Bids, the vendor Bid, and the contract specifications may be attached to, and will form a part of the contract. All materials, supplies, equipment, and services supplied by the vendor shall conform to the applicable requirements of City and Federal Laws covering Labor and Wages, as well as conforming to the specifications herein. In case of default by the vendor, the City reserves the right to procure the articles from other sources and to hold the vendor responsible for any excess costs incurred by the City.

Patent Rights The vendor agrees to save, keep, bear harmless, and fully indemnify the City, its officers, or agents, from all damages, costs, or expenses in law or equity that may at any time arise or be set up for any infringement of the patent rights or any person or persons in consequence of the use by the City, or any of their officers and agents, or articles supplies under any resulting contract, and of which the vendor is not the patentee or assignee, or which the vendor is not lawfully entitled to sell.

Taxes The City of Manhattan Beach is exempt from paying Federal Excise Taxes. These taxes are not to be included.

Delivery All deliveries of such items to be furnished must be made to job sites within the boundaries of the City of Manhattan Beach. Where a specific delivery schedule is required, proximity to that schedule will be a consideration.

Payments Payment will be made in accordance with the terms of the attached Professional Services Agreement, which is included with this RFP in Appendix A.

Errors/Omissions The vendor shall not be allowed to take advantage of any errors and/or omissions in these specifications or in the vendor's specifications submitted with the Bid. Full instructions will be given if such errors/omissions are discovered, and vendor agrees to abide by said instructions.

Force Majeure Refer to Section 13 of the attached Professional Services Agreement, which is included in this RFP as Appendix A.

Default Refer to Section 14 of the attached Professional Services Agreement, which is included in this RFP as Appendix A.

Business License The successful Contractor will not be required to procure a City of Manhattan Beach Business License prior to commencing work unless firm is also doing work for other companies in Manhattan Beach. Call Business Licensing at (310) 802-5558 for rate information or to apply for a license.

Department Policy for Grant Funded Purchases Contractor guarantees that it, its employees, Contractors, subcontractors or agents (collectively “Contractor”) are not suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal or City funded health care program, or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor must within 30 calendar days advise the City if, during the term of this Agreement, Contractor becomes suspended, debarred, excluded or ineligible for participation in Medicare, Medi-Cal or any other federal or City funded health care program, as defined by 42. U.S.C. 1320a-7b(f), or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor will indemnify, defend and hold the City harmless for any loss or damage resulting from the conviction, debarment, exclusion or ineligibility of the Contractor.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction The prospective lower tier participant certifies, by submission of this bid, that neither it nor its Principals [as defined at 49 C.F.R. section 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

When the prospective lower tier participant is unable to certify to the City certification, such prospective participant shall attach an explanation to this bid.

REQUEST FOR PROPOSAL FOR

PROFESSIONAL CONSTRUCTION INSPECTION SERVICES FOR ROSECRANS AVE. STREET RESURFACING PROJECT

RFP NO. 1239-20

Prem Kumar City Engineer CITY OF MANHATTAN BEACH Office of the City Clerk 1400 Highland Avenue Manhattan Beach, CA 90266

Adilia Miller Project Manager 310.802.5362

March 2020

Professional Construction Inspection Services for Rosecrans Ave. Street Resurfacing Project

1. Instructions to Proposers Proposers are to read and understand all of the information contained in this RFP. The provisions of this RFP along with the proposal submitted will be part of the contract documents for this project. The City’s Project Manager for this project is Adilia Miller.

2. Schedule of Events Anticipated Schedule:

ACTION DATE Availability of Request for Proposal 03/6/2020 Last Day to Submit Questions 03/18/20 at 12:00PM Proposal Submission Deadline 04/2/20 at 3:00PM Staff Review of Proposals TBD Interview(s) with Top Ranked Consultant(s) & City Negotiations (If Needed) TBD Consultant Selection TBD City Council Award (If applicable) TBD Notice To Proceed TBD

3. Project Area Overview The City of Manhattan Beach is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by El Segundo, on the east by Hawthorne, on the east and south by Redondo Beach, on the south by Hermosa Beach, and on the west by the Pacific Ocean. The City is a beach community with approximately 2.1 miles of beachfront. The City has a total land area of 1,788 acres (3.88 square miles). The City is bound by Rosecrans Avenue on the north, Aviation Boulevard on the east, Artesia Boulevard on the south and the Pacific Ocean on the west. Sepulveda Boulevard (State Highway 1) runs north-south through the middle of the City. Introduction The City of Manhattan Beach anticipates moving forward with the construction phase of the Rosecrans Avenue Street Resurfacing Project. Rosecrans Avenue is classified as a Major Arterial and the pavement conditions are primarily affected by the climate, traffic loads and volumes, construction materials, and age. The project involves cold milling, rubberized asphalt concrete overlay, installation of Tensar GlasPave50, double adjustment of manholes, pavement marking/striping, installation of traffic loops, multiple commercial driveway upgrades, and multiple access ramp upgrades. All eastbound lanes including the left turn pockets of Rosecrans Avenue from Aviation Boulevard to Village Drive are included in the inspection services scope of work. See appendices for further details. The work pertaining to this project, will be performed between the hours of 9:00 PM and 5:00 AM, Monday through Friday.

Contract Period The City anticipates the project to begin in June 2020 with completion in September 2020.

Single Point of Contact for Questions The contact person for all questions regarding this RFP is Dru Leonard, [email protected] . Proposers may not contact any other staff members with questions.

Proposers must notify the City of any ambiguity, inconsistency or error they may find. All questions about the RFP must be submitted via email by the deadline. Any changes or corrections to the original RFP or any other information that will affect the completion of the award will be disseminated and posted on the City’s website. It is the proposer’s responsibility to self-register as a vendor, http://www.citymb.info/city-officials/finance/purchasing/doing- business-with-the-city , in order to receive email notifications for any addenda that are released. General Requirements Proposers must submit three (3) hard copies of the proposal for the project to the office of the City Clerk at 1400 Highland Avenue, Manhattan Beach, CA 90266 by the deadline contained herein. Additionally, vendor must supply a copy of the proposed response on labeled media (Company name). Electronic copy must be in searchable PDF format as a single document (optimized and compressed). The naming convention for the file is, “1239-20 Company Name ”. An electronic copy will not be accepted in-lieu of the hard copies required.

Failure to comply with these instructions may render the proposal non-responsive.

The proposal shall address all the items outlined in this Request for Proposal. 4. Scope of Services The firm selected for the project will provide construction inspection services from start to completion for the Rosecrans Avenue Street Resurfacing Project, from June 2020 to September 2020. All work pertaining to this project, will be performed between the hours of 9:00 PM and 5:00 AM, Monday through Friday.

Inspection Services

In general, the Consultant Inspector shall have the necessary experience and know-how of construction equipment, materials, methods, and workmanship for the specific work to be performed on the projects. The Consultant Inspector shall be able to understand and interpret Plans and Specifications and shall be familiar with the Greenbook (Standard Specifications for Public Works Construction), Caltrans Standard Specifications, City Standards, and OSHA Construction Safety Orders. The Consultant Inspector shall be able to interact professionally with contractors, engineers, property owners, business owners, and the public at large; coordinate with other City personnel; promote quality customer service; and respond promptly and courteously to requests. The Consultant Inspector shall be able to follow verbal and written instructions, communicate clearly and concisely, both orally and in writing.

Typical Consultant Inspection services shall include, but not be limited to: 1. Review the Plans and Specifications thoroughly prior to the pre-construction meeting. 2. Establish effective communications with the Contractor, other agencies, utilities, and business and property owners.

3. Ensure compliance with the Plans, Specifications, and other requirements, such as, but not limited to, the Contract, Traffic Control, Cal/OSHA Standards, CCO, Permits, Standard Plans, checking line, grade, size, elevation, and location of improvements. 4. Monitor extra work. 5. Perform project oversight for the monitoring of traffic control, damage to infrastructure, and replacement of infrastructure to City Standards. 6. Attend the weekly construction meetings. 7. Keep daily diaries (log), fill out Incident (accident) Reports, and take pictures of the project. A daily Inspection Report identifying work done by the Contractor shall be submitted to the City’s Project Manager on the next business day for review and filing. 8. Document all Contractor delays, reasons for delay, length of time for delay, and Phases of work. 9. Monitor and provide supporting documentation on the personnel and equipment that is involved with any extra work performed by the Contractor. Determine whether the work of the Contractor is being performed in accordance with the requirements of the contract documents, and endeavor to guard the City against defects and deficiencies in such work. 10. Identify and report potential contractor claims and recommend resolution. 11. Prepare the weekly statement of working days and send to the Contractor on a weekly basis. 12. During the course of inspection and monitoring of the work, if the Consultant Inspector observes an unsafe situation, he shall notify the Contractor of the violation and provide written notification of such infraction to the Contractor. If the Contractor refuses to comply, the Consultant Inspector shall notify the City and Cal/OSHA 13. Measure and tabulate contract quantities. 14. Review the Contractor’s invoices, verify completed work, and approve all quantities. 15. Prepare a list of items for correction (punch list) and prepare redlined as-built plans 16. Prepare status report for project close-out and all applicable documents as “closeout” file. 17. The Consultant Inspector does not have the authority to allow deviations from the Contract Plans and Specifications. 18. Possess a digital camera, and shall provide digital images of the project to the City of Manhattan in “jpg” format. 19. Possess a vehicle and a mobile phone for immediate contact by the City, show proof of valid California driver’s license, and insurance. 20. Project working hours are from 9:00 p.m. to 5:00 a.m. with a 1 hour meal break. 21. Perform other related duties as required.

5. Proposal Submittal Requirements The Consultant’s Proposal must be divided into two (2) parts as described below, shall be no more than twenty-six (26) pages double-sided where the front and back sides count as two pages, with 12pt font and 1-inch margins, excluding a cover letter of up to two (2) pages, front and back cover of the proposal, resumes, dividers, matrix, schedule, and certificates. Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the RFP may not be given further consideration. The Consultant’s Proposal shall include, at a minimum, the following information listed below in the same order as requested:

Part 1: Information that will be part of the contractual documents

A. Understanding Scope of Services – Please describe your understanding of the scope of services to be performed.

B. Resource Allocation Matrix – Please provide a resource allocation matrix. The resource allocation matrix must be submitted with the proposal and must list detailed tasks in rows and the appropriate individual (Job Title Only) as well as the number of hours that these individuals will be working on each task listed, will be included in adjacent columns. The resource allocation matrix is required of both the primary Consultant, as well as any subconsultant. In addition, the applicable field investigative services must list the type and number of tests, and hours being proposed, as well as the type and number of hours of work within the proposal. Failure to do so will result in the Consultant’s Proposal being deemed incomplete and it will not receive further consideration.

C. Fee Proposal Submittal Requirements - Submit fees to accomplish construction inspection services for each project in a Not-to-Exceed Fee, which must include conservatively estimated reimbursable expenses to complete the inspection of each project as described in the Scope of Work. The assigned inspector’s specific hourly rate must be clearly identified for the period identified. The cost proposal must be consistent with the Resource Allocation Matrix to provide a breakdown of approximate personnel- hours by classification (job title and hourly rate) in order to accomplish each task and subtask described in the Scope of Work. Meetings, either on-site or by telephone, shall be included as work within each task. Time to accomplish each task shall be expressed in calendar days. The City WILL NOT favorably consider any proposal that requires more than a 2-hour minimum charge if called out for an inspection. The successful, selected Consultant’s monthly invoices must reflect similar information in order to be processed.

Include a fee schedule for reimbursement items on an as-needed basis and cost estimates separate for each task. The City's policy on contractor and consultant expenses is as follows:

a. Hotel, Meals and Airfare - The City will not reimburse for lodging, meals, mileage or transportation for the contractor or its agents. This includes no reimbursement for travel time to and from the City.

b. Entertainment/Personal Services - Under no circumstances are expenses related to entertainment (i.e., theater tickets, sporting events, etc.) or personal services (i.e., dry cleaning, haircuts, etc.) reimbursable.

c. Incidental Expenses – There will be no reimbursements for deliveries/transmittals, telephone expenses or equipment rental/purchases.

d. Proposal Preparation Costs - The City will not reimburse the contractor for any costs associated with the preparation of a proposal.

e. Other Expenses - Proposals may include a list of itemized unit costs of billable expenses typically incurred in the performance of the contract. Items which have not been specified, shall be approved by the City prior to providing and billing the expense.

Part 2: Pertinent miscellaneous information and statements

D. Methodology and Work Plan – Please provide a description of the proposed work program and techniques to complete the scope of services. The work plan should demonstrate your firm’s ability to conduct inspection services in a professional, timely, and efficient manner.

E. Project Management – Please describe how the Firm will manage the inspection of projects in terms of communication, coordination, meetings, work assignments, document management, work execution and quality assurance/control.

• Statement of Qualifications: Assigned Inspectors – Please provide very precise information regarding qualifications and experience of the proposed inspectors that will be available during the time period. The statement of qualifications shall include the names, qualifications and proposed duties of the Consultant’s staff to be assigned to this project; a listing of recent similar projects completed including the client/agency name, as well as the name, title, telephone, and e-mail address of the contact person most familiar with the similar work. These references will be checked and may affect the award of the contract. The City of Manhattan Beach reserves the right to contact any of the organizations or individuals listed or any others that may stem from the inquiry. The qualifications and experience of the proposed inspectors will be the primary selection criteria. Inspectors that have the knowledge, experience and ability to perform various construction management type activities as part of their normal routine service provided to the City are preferred and should be highlighted in the proposal.

• Project Management – The City will not allow any additional separate management oversight or other charges beyond the hourly rate of the inspectors assigned to the City. The inspectors will be reporting to the City’s Program Manager for daily work directions.

• Contract Exceptions – Please provide any proposed exceptions, additions, and/or deletions to the City’s Request for Proposal. The City WILL NOT accept any proposed requested changes to the City’s Professional Services Agreement including the ability to meet the stipulated insurance requirements and other contractual terms therein. Please submit a proposal only if there is a clear understanding that your firm can execute the City’s Professional Services Agreement without any changes. By submitting a proposal, the proposer represents they have an understanding of and will comply with the specifications and requirements of the RFP and any addenda.

6. Evaluation Process Selection of the Consultant for interview (if interviews are held) with the City will be based on the contents of the written proposal. The proposal may be evaluated and ranked by a committee of selected City staff. The proposals will be rated according to the following selection criteria (in no particular order):

a. Demonstrated understanding of the requested scope of services (20 points)

b. Consultant’s qualifications and experience with similar work (15 points)

c. Project management and quality control (10 points)

d. Qualifications and experience of key personnel (30 points)

e. Consultant’s schedule availability (15 points)

f. Interview presentation and/or reference checks (10 points)

Upon completion of the Proposer evaluation process, a short list will be established and the City will enter into negotiation with the top ranked Consultant for the desired consulting services. Compensation for the subject services will be negotiated based on what is fair and reasonable to the City. Should City staff and the top-ranked Consultant be unable to reach an agreement, negotiations with that Consultant will be terminated and negotiations will commence with the next ranked firms in order of their evaluation ranking until an agreement is reached and a Firm is selected. 7. Award of Contract Following evaluation and rating by the proposal review committee, the Public Works Department will recommend award of a contract to the most qualified proposer providing the best value to the City. The term of the contract will begin after contract award and the contract Agreement is fully executed, and all required supplemental paperwork, insurance documents, etc. have been received and approved. 8. Payment to Consultant Once the contract is awarded, the City will pay the Consultant Inspectors for work completed consistent with the hourly rate of the Consultant Inspector. When the Consultant Inspector is performing, or is requested to perform, work beyond the scope of service in the “Agreement for Professional Inspection Services,” an “Amendment to the Agreement” will be executed between the City and Consultant. 9. General Conditions ADDENDUMS. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will endeavor to notify the known holders of this RFP. The addendums will be posted on the City web site for any interested parties to review. Proposal should include a notation that the Proposer is aware of all of the addendums which have been issued and has incorporated their provisions in their proposal. Proposers responsible for insuring that they have obtained all addenda.

ADDITIONAL INFORMATION. The City reserves the right, to request additional information or clarifications from Proposers where it may serve the City’s best interest.

ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations with the City.

AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected Proposer, if any. Award may be made to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria.

COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.

CANCELLATION OF SOLICITATION. The City may cancel this solicitation at any time.

CONFLICT OF INTEREST. By signing the Certificate of Proposal (Appendix D), the Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposals, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. COSTS. The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the proposals, or any other such expenses incurred by the Proposer in responding to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion. Proposers shall submit as part of their Proposal documents the completed Non-Collusion Affidavit (Appendix B).

DOCUMENTS, EXAMINATION OF. It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any). Proposer shall satisfy him/herself as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by these documents. The failure or neglect of the Proposer to examine documents shall in no way relieve him/herself from any obligations with respect to the solicitation and/or subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a Proposer to receive or examine any of the documents shall in no way relieve him from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or other RFP documents, or finds discrepancies or omissions in the specifications, he may submit to the City a written request for an interpretation or correction.

Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. The contact person for all questions regarding this RFP is Dru Leonard, Purchasing Manager. He can be reached via e-mail at [email protected] . Proposers may not contact any other staff members with questions.

The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each Proposer to ensure the City has their correct business name, mailing address and e-mail address on file. Any prospective Proposer who obtained a set of RFP documents is responsible for advising the City that they have a set of RFP documents and wish to receive subsequent Addenda.

IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager.

NON-DISCRIMINATION. Proposer represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition.

NON-EXCLUSIVE. Should the City make an award, the successful Proposer will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms.

OFFERS OF MORE THAN ONE PRICE. Proposers are NOT allowed to submit more than one proposal.

OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission.

NO OBLIGATION. The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

PROPOSAL, REJECTION OF. The City reserves the right to reject any or all proposals or any part of a proposal. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.

PROPRIETARY INFORMATION. All bid proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within their bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. In the event that a demand for disclosure of information designated as "confidential and/or proprietary" by a bidder is made, the City will notify the bidder in writing of such demand and shall furnish a copy of the City's written response to the requestor. Bidder may then pursue, at its sole cost and expense, any and all appropriate legal action necessary to maintain the confidentiality of such information.

NO PUBLIC BID PROPOSAL OPENING/PUBLIC RECORDS ACT. Bid proposals shall be opened and their contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing Proposers. Adequate precautions shall be taken to treat each Proposer fairly and to insure that information gleaned from competing proposals is not disclosed to other Proposers. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority.

REPRESENTATIONS. Proposer understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

RFP PART OF AGREEMENT. Should an agreement be awarded, this Request for Proposal and Scope of Services and all conditions may become part of the agreement between the City of Manhattan Beach and the successful Proposer.

SEVERABILITY. If any provisions or portion of any provision, of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from the Request for Proposals and the remaining provisions shall be valid and enforceable.

SUBCONTRACTOR INFORMATION. If the proposal includes the use of subcontractors, Proposer must identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor would perform services. If a subcontract for work services to be performed exceeds $25,000 the subcontract must contain all required provisions of the prime contract.

SUBCONTRACTOR REFERENCES. For all subcontractors that will be used for providing services as part of the RFP, Proposers must provide a minimum of two references from similar projects performed for any local government clients within the last three years. Information provided shall include: • Client name • Project description • Dates (starting and ending)

• Technical expertise • Staff assigned to reference engagement that will be designated for work per this RFP • Client project manager's name and telephone number

VALIDITY. Proposal must be valid for a period of 90 days from the due date.

WITHDRAWAL OF PROPOSAL. Proposers’ authorized representative may withdraw Proposals only by written request received by City Engineer before the Proposal Submittal Deadline.

10. Insurance Requirements Refer to Section 9 of the attached Inspection Services Agreement, which is included in this RFP as Appendix A.

ATTACHMENTS: 1) Appendix A: Sample Inspection Services Agreement 2) Appendix B: Non-Collusion Affidavit 3) Appendix C: Consultant’s Acknowledgement of Insurance Compliance 4) Appendix D: Certification of Proposal 5) Appendix E: Plans for Rosecrans Avenue Street Resurfacing Project 6) Appendix F: Plans for Rosecrans Avenue Street Resurfacing Project – Striping Plans 7) Appendix G: Specifications for Rosecrans Avenue Street Resurfacing Project