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AndersonPenna Partners Inc (Feb 2014) 11110 411 CITY OF RANCHO PALOS VERDES PROFESSIONAL/TECHNICAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 18th day of February, 2014, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and AndersonPenna Partners, Inc. (hereafter referred to as "CONSULTANT"). IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as follows: FY2011-2012 Arterial Roads Rehabilitation Project — Palos Verdes Drive East from Vista Del Mar to the City's Northerly Limits. 1.2 Description of Services CONSULTANT shall provide construction management and inspection services for the Arterial Roads Rehabilitation Project — Palos Verdes Drive East for Vista Del Mar to the City's Northerly Limits, as described in the CITY's Request For Proposals, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and in CONSULTANT's Proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. In the event of any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. Page 1 of 15 R6876-0001\1687356v3.doc Public Works Agreement 0 0 ARTICLE 2 COMPENSATION 2.1 Fee CITY agrees to compensate CONSULTANT an amount not to exceed Two Hundred Twenty Six Thousand Seven Hundred Sixty dollars ($226,760) for services as described in Article 1. 2.2 Terms of Compensation CONSULTANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.3 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSULTANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSULTANT's Schedule of Hourly Rates, which is within Exhibit "B." The schedule of hourly rates shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on February 19, 2014, and shall terminate on February 19, 2015, unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification, Hold Harmless, and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Page 2 of 15 R6876-0001\1687356v3.doc Agreement for Professional Technical Services ill II CONSULTANT shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and designated volunteers (collectively, "Indemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1(b) shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. (c) All duties of CONSULTANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability Page 3 of 15 R6876-0001\1687356v3.doc Agreement for Professional/Technical Services 11 CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. Said policy or policies shall be issued by an insurer admitted or authorized to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.5 Worker's Compensation CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSULTANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSULTANT agrees that it will not cancel or reduce any required insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. Page 4 of 15 R6876-0001\1687356v3.doc Agreement for Professional/Technical Services 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time, with or without cause, by the CITY upon thirty (30) days prior written notice or by CONSULTANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.16. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their Page 5 of 15 R6876-0001\1687356v3.doc Agreement for Professional/Technical Services 0 9 use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. Page 6 of 15 R6876-0001\1687356v3.doc Agreement for Professional/Technical Services • • 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 Audit The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 6.4 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates or subconsultants' services. 6.5 Prevailing Wages CITY and CONSULTANT acknowledge that this project is a public work to which prevailing wages apply. The Terms for Compliance with California Labor Law Requirements is attached hereto as Exhibit "C" and incorporated herein by this reference. 6.6 CONSULTANT's Representations CONSULTANT represents, covenants and agrees that: a) CONSULTANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services Page 7 of 15 R6876-0001\1687356v3.doc Agreement for Professional/Technical Services • should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.7 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.8 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.9 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of subconsultants for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. Page 8 of 15 R6876-0001\1687356v3.doc Agreement for Professional/Technical Services • 0 6.10 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT wishes except as expressly provided in this Agreement. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.11 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.12 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.13 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.14 Non-Waiver of Terms, Rights and Remedies Page 9 of 15 R6876-0001\1687356v3.doc Agreement for Professional/Technical Services Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.15 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.16 Notice Except as otherwise required by law, any notice, payment or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's or CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Dino D'Emilia, Vice President 20280 Acacia Street, Suite 100 Newport Beach, CA 92660 [Signatures on next page.] Page 10 of 15 R6876-0001\1687356v3.doc Agreement for Professional/Technical Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: AndersonPenna Partners, Inc. ("CONSULTANT") By: /-7.,44.„- /a24.-•.,-- Printed Name: L ISA M e6tJAM Title: S 19 E-AYT /c60 By: Attatr.,. k0((ti-44) Printed Name: Arithitic M. LJ4C44r Title: 1!.Pt7 Dated: Cityof Rancho Palos Verdes ("CITY") r By: / Ma •r ATTEST APPROV D AS TO FORM By: - By: Page 11 of 15 R6876-0001\1687356v3.doc Agreement for Professional Technical Services • 0 Exhibit "A": City's Request For Proposals Exhibit "A" R6876-0001\1687356v3.doc • • CITY OF RANCHO PALOS VERDES PUBLIC WORKS DEPARTMENT January 2, 2014 City of Rancho Palos Verdes Request for Proposal/Qualifications for Construction Management and Inspection Services Arterial Roads Rehabilitation Project Palos Verdes Drive East from Vista Del Mar to the City Northerly Limits Project No.002912 The City of Rancho Palos Verdes requests proposals from selected qualified consulting firms to provide construction management and inspection services to successfully complete the City's Arterial Roads Rehabilitation Project. The successful firm will provide professional Construction Management and Inspection services as defined in the Scope of Work. The City is particularly looking for proposals that exhibit the whole-team approach and will cover all phases from design to post- construction. To be considered for this project, submit three (3) copies of the proposal to the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Phone number (310) 544-5252, no later than 4:30 PM, on Monday, January 13, 2014. The design effort has begun and the City wishes to obtain construction management services early on to assist with design review, procurement and construction. SCOPE OF WORK Consistent with professional Project/Construction Management standards, the City is looking to assemble a team of professionals that will work collaboratively to assure the successful completion of the project. The ideal Construction Manager and inspector will serve as an agent for the City. The City's expectations and anticipated scope of work includes: Design Phase 1. Design Document Review (bid ibility/constructability) 2. Assist with contract agreements 3. Assist with public relations 30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES,CA 90275-5391/(310)544-5252/Fax(310)544-5292/www.PaLosvErzoEs.coM/aPv PRINTED ON RECYCLED PAPER City of Rancho Palos Verdes Request for Proposal PVDE Arterial Roads Project Page 2 of 4 4. Conduct project progress meetings. 5. Assist with cost and schedule control. Procurement Phase 6. Assist with bidding and contracting; including bid documents, information to bidders, bid addenda, bid opening and evaluation. 7. Assist with meetings including pre-bid meetings, bid opening and pre-award conferences. Construction Phase 8. Project team coordination, regular and consistent management reporting. 9. Conduct regular project meetings including pre-construction, progress and special meetings. 10. Schedule compliance 11. Budget and Cost monitoring 12. Assist with payment request 13. Manage all communications between the City and the contractor. 14. Manage all change order request, claims and disputes. 15. Assures quality and arranges for all field tests. 16. Assist in maintaining good relationship in surrounding neighborhood. 17. Provide value engineering where appropriate. 18. Upon project completion, provide the finished set of project workbooks to the City of Rancho Palos Verdes. 19. Prepare documentation for final payment to the Contractor. 20. Prepare documentation for final acceptance, including final inspection and punch list for substantial completion. 21. Maintain as-built drawings 22. Maintain all project records to be delivered at the end of the project. Post-Construction Phase 23. As-built documentation. 24. Coordinate warranty information. 25. Processing the final payment, retention release and contract close-out. Construction Observation 26.Conduct a field investigation of the project area to become familiar with the existing facilities and the project environment. 27.Provide full time construction observation of all construction activities to monitor material and methods towards compliance with plans. 28. Prepare daily inspection/observation reports. 29.Functions as a member of the project team. • City of Rancho Palos Verdes Request for Proposal PVDE Arterial Roads Project Page 3 of 4 Clerical services and materials to carry out items above shall be incorporated into the costs of the appropriate items. EVALUATION PROCESS Technical proposals received will be evaluated on the following criteria: 1. Experience of firm in performing this type of service. 2. Relevant experience of individual team members assigned to the project. 3. Understanding of the project as demonstrated by the thoroughness of the proposal, the whole-team approach and Construction Management practices. 4. References from clients for whom similar work was performed within the past 5 years. 5. Depth of staff available to perform services. 6. Previous work in RPV performed by the firm. 7. Previous work in RPV performed by members of the team. 8. Interview (if applicable) All questions are to be submitted in writing to City of Rancho Palos Verdes Department. of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Attention: Nicole Jules. Questions may be submitted via fax to (310) 544-5292 or e-mail to nicolearpv.com . All questions must be received by 4:30 p.m. Friday, January 10, 2014. Please note that the responses to this request for proposal are subject to the following conditions: Insurance The City of Rancho Palos Verdes requires the selected firm to have a minimum of $2,000,000.00 of professional errors and omissions insurance and a minimum of $2,000,000.00 of automobile liability insurance and proof of Worker's Compensation insurance prior to entering into an agreement with the City. Acceptance of Terms Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the proposal. • 4110 City of Rancho Palos Verdes Request for Proposal PVDE Arterial Roads Project Page 4 of 4 Right of Rejection by the City Not withstanding any other provisions of this RFP, the City reserves the right to reject any and all proposals and to waive any informality in a proposal. Financial Responsibility The proposer understands and agrees that the City shall have no financial responsibility for any costs incurred by the proposer in responding to this RFP. Interview If successful, the proposer will be invited to participate in an interview. The interview will be a part of final selection process. Award of Contract The selected firm shall be required to enter into a written contract with the City of Rancho Palos Verdes, in a form approved by the City Attorney, to perform the prescribed work. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the final contract; however, the City reserves the right to further negotiate the terms and conditions of the contract with the selected consultant. The contract will, in any event, include a maximum "fixed cost" to the City of Rancho Palos Verdes. Conferences During the Proposal Preparation Period As of the issuance date of this RFP and continuing until the time for submitting proposal has expired, the City will provide relevant information and access to City facilities and documents as necessary for all proposers to familiarize themselves with the requirements set forth in the RFP. Access to City facilities shall be during normal business hours and will require at least twenty-four (24) hours advance notice. Number of Copies Required The proposer must submit five (5) copies of the proposal. Proposals must be received by the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Phone number (310) 544-5252, by the deadline indicated in this RFP. • 0 Exhibit "B": Consultant's Proposal, including Schedule of Hourly Rates Exhibit "B" R6876-0001\1687356v3.doc RANCHO PALOS VERDES 4C) Proposal Construction Management & Inspection Services Arterial Roads Rehabilitation Project Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 ; _ , — • _ - 411 --,t SIL 4 '1' _ r! . 441 AINMEMOOM • January 14, 2014 ANDERSON • PE N NA • PARTNERS IN PROJECT DELIVERY• AndersonPenna Partners, Inc. 20820 Acacia Street, Suite 100 Newport Beach, CA 92660 (949) 428-1500 www.andpen.com -."11141141116, ANDERSON • PENNA • PARTNERS IN PROJECT DELIVERY January 14, 2014 Ms. Nicole Jules, Senior Engineer City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Subject: Proposal for Construction Management and Inspection Services for the Arterial Roads Rehabilitation Project Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits, Project No. 002912 Dear Nicole: AndersonPenna Partners, Inc. (APP) offers the City of Rancho Palos Verdes a comprehensive construction management and inspection team experienced in street rehabilitation projects on arterial roadways in sensitive communities. Capital Projects bring time sensitive and dedicated resource requirements that challenge limited local agencies' resources. APP offers a team experienced in meeting these challenges, along with specific expertise and understanding of asphalt concrete pavement rehabilitation methods and multi-disciplinary public works projects. APP can help! APP has hand-picked a team that has exceptional and relevant experience to provide comprehensive construction management, inspection, contract administration, and contract labor compliance services that will result in a streamlined project experience. These individuals have been assigned because their qualifications and experience are specifically relevant to the City of Rancho Palos Verdes' Palos Verdes Drive East Rehabilitation project. By selecting the APP team,the City of Rancho Palos Verdes will be partnered with: • A principal in charge with a personal stake in the local and public works community, and excellent history of success delivering construction management and inspection services throughout Southern California • A quality assurance representative with extensive experience delivering projects within the City of Rancho Palos Verdes • A highly competent, experienced and licensed Project Manager and Construction Manager with extensive experience delivering identical services on similar projects. • An Inspector that is extensively experienced with roadway rehabilitation, with extensive public relations in the City of Rancho Palos Verdes. • A firm with an exceptional track record in the City of Rancho Palos Verdes and throughout Southern California. APP recently performed identical services on the successful completion of City of Rancho Palos Verdes' Fiscal Year 12-13 Annual Sidewalk Repair Project and the Residential Streets Improvement Project, Phases 1 & 2 Fiscal Year 11-12, Area 3 and Area 5 Project. Our team has other very similar experience 20280 Acacia Street, Suite 100 s Newport Beach, CA 92660 www.andpen.com PHN 949 371 7979 FAX 949 376 7511 Certified UDBE 0 4110 City of Rancho Palos Verdes January 14, 2014 Page 2 on the City of Bellflower's Downey Avenue Pavement Rehabilitation, Leisure World's Golden Rain Road and Clubhouse Parking Lot Rehabilitation Project,the City of Lomita's Eshelman Avenue Water Main and Roadway Rehabilitation Project, the City of Norwalk's Pioneer Boulevard Improvement Project and the City of Alhambra Midwick Tract Street Improvements Projects. APP also has recently, or is currently providing project management, construction management, and inspection services to many Southern California local agencies, including the cities of Burbank, Torrance, Carson, Irvine, Manhattan Beach, Newport Beach, Laguna Beach, Laguna Hills, Lake Forest and Tustin. Our team members have also provided various similar services to the cities of Santa Monica, Los Angeles, Hermosa Beach, Anaheim, Inglewood, and Carlsbad. With over 30 years of experience on similar assignments for a variety of local agencies, Dino D'Emilia, PE will lead as the Principal in Charge. He will serve as the City's primary contact for this project. Mr. D'Emilia recently completed a very similar assignment in the City of Bellflower on the Downey Avenue Pavement Rehabilitation and West Branch Greenway Landscape Improvements Projects, and served as the Construction Manager for the City of Torrance's Del Amo Boulevard Extension, Phase 2 Project. He also served as the project manager and resident engineer for the Alameda Corridor-East Transportation Authority and oversaw multiple contract packages for the construction of safety improvements and federal demonstration projects throughout the San Gabriel Valley as well as the La Brea Avenue Pavement Reconstruction, Phase 1 Project. Dino has extensive experience performing similar services for many Southern California cities on similar projects. Our Quality Assurance Manager for this project will be Bob Merrell, PE. Bob needs no introduction with his many years of service to the City of Rancho Palos Verdes, providing design, construction management and/or inspection services on very similar projects. Construction Manager, Todd Garner, brings over 20 years of experience in project / construction management, inspection and construction defect investigation on a wide variety of infrastructure improvement projects. Most recently, Todd has served Golden Rain Foundation as the primary project/ construction manager and property inspector for Leisure World. He has an exceptional track record of successfully delivering complex, high profile infrastructure improvement projects involving public relations with multiple and very involved stakeholders. Inspectors, APP has a deep bench of public works inspectors that specialize in projects very similar to the Palos Verdes Drive East Rehabilitation Project. Ed Pratt is proposed as the primary inspector for the project. He has more than 30 years of public works infrastructure construction and inspection experience, including asphalt concrete pavement rehabilitation, traffic signal installation and upgrade, as well as virtually every type of improvement in the public right of way. Ed has extensive recent experience performing identical services for the City of Rancho Palos Verdes on the Fiscal Year 12-13 Annual Sidewalk Repair Project and the Residential Streets Improvement Project, Phases 1 & 2 Fiscal Year 11-12, Area 3 and Area 5 Projects. His background includes construction management, construction supervision, public works inspection, expert witness representation, change order processing, schedule tracking, and municipal bidding processes. He is exceptionally well versed at monitoring and requiring compliance on traffic control,work site safety, and NPDES/SWPPP. Additionally, APP proposes Al Aguilera as a supplemental inspector for the project, should there be multiple crews or multiple shifts required for the project work. Al has extensive relevant experience as well, and assisted Ed on the completion of the Residential Street Improvement Project recently completed for the City of Rancho Palos Verdes.. • 0 City of Rancho Palos Verdes January 14, 2014 Page 3 Dino, Todd and Ed will be supported by Debby Cobb, Contract Compliance and Documents Controls Specialist. Debby has extensive experience working with Southern California Cities supporting our CM teams to ensure that projects are well organized and documented in strict compliance with contract requirements. Our proposal includes materials and soils testing services, which will be provided through our subconsultant Koury Engineering and Testing. Koury Engineering & Testing, Inc. has been providing quality assurance & quality control services since 1992. APP and Koury have worked together on the successful completion of many similar projects the scope and proposed fee for materials and testing services is attached at the end of this proposal. AndersonPenna's contractual contact during the proposal period is: Mr. Dino D'Emilia, PE Vice President,Construction Services AndersonPenna Partners, Inc. 20280 Acacia Street, Suite 100, Newport Beach, CA 92660 Cell: (714)458-0703, Email: ddemilia@andpen.com The AndersonPenna Team is excited about this opportunity to perform comprehensive construction management services for the City of Rancho Palos Verdes. Respectfully submitted, AndersonPenna Partners, Inc. '''''''' ::: a.....c:......:..) Dino D'Emilia, PE Vice President,Construction Services Enclosure 0 0 //�� Palos Verdes Drive East LQ From Vista Del Mar to the City Northerly Limits Project No.002912 Contents Project Understanding, Approach &Scope of Services 1 Project Understanding 1 Critical Issues 2 Approach 3 Scope of Services 3 Proposed Team 15 Organization Chart 15 Resumes 15 References 32 Estimated Fee 37 Appendix A: Materials and Soils Testing Proposal (Koury Engineering&Testing) 39 Wage �� ANDERSON•['ENNA •iA Al M(A"J IM tw CJ[CT GL v[t+ 0 0 R rAiOS VERDES 4n Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No.002912 Project Understanding, Approach & Scope of Services •,,. •tet-wr 64 Project Understanding r Project o _ The City of Rancho Palos Verdes seeks to engage qualified firms to \_ ._._,ter. ; �- -.,,a.s: .-,yrs provide construction management and inspection, as well as other ;s; r services for the Palos Verdes Drive East Rehabilitation Project. ' ,,r , .*‘=lissip.. . -we suThe project generallyconsists of providingtraffic control, construction z..;.; survey, sawcutting, unclassified excavation PCC curb & gutter, curb -' iri .,....00p.„ access ramps, storm drainage modifications, asphalt pavement road ' 4111"e„..01.1---7 Peck•a widening & repairs, AC berms, gravity block walls, roadway signing, _ . ; ''``� lc asphaltpavement millingand overlay, crack routingand sealing, . -_« . �� -1 � t p Y g �- °�. . _. micro-surface paving, traffic striping and markings, raised pavement . �` y markers, and other work. All work shall be completed in strict , - ..,,,, p adherence to the Project Plans and Specifications. ,„,e,,, 1 The limits of work encompasses approximately 5 miles along Palos - 4' W w�; CD Verdes Drive East, winding through the hilly terrain of the City from Vista Del Mar to the City Northerly Limits at Conestoga Drive. Averill Rjel Additionally, a small area of microsurface and appurtenant work has6#1 V_ w been added (by Bid Addendum #1) on Palos Verdes Drive South, near =- 1---- � Terranea Drive. The project is located entirely within the boundaries 'it:' _ W-2511 of the City of Rancho Palos Verdes, however an encroachment permit A i` / s+ ro s ae %, s++Err es, f nLJ \ ' N SHEET 11'3'\ �' / A Cr '''''''''' : 2----SHEET TT,13 A \ i , „.......&HEIT 12 i 24 , ' , 1-------1 1 (,),. c ‘-PEST H'13 PEET IS.20 1 r6,0_,...._ f STET TO'I6—4 . ! with the City of Rolling Hills Estates is anticipated for traffic control. The engineer's opinion of probable construction costs for the project is $2.38 million, and the Construction Documents allow for 60 Working Days. The current due date for bids is January 23, 2014. The anticipated start date for construction is mid to late March, 2014. Those affected by the project may include: Wage Ag;*------ ANDERSON•('ENNA •...--. .« rwOrctY Qt.--• PAL_OS VFftOES /' Palos Verdes Drive East `t Q From Vista Del Mar to the City Northerly Limits Project No.002912 • Commuting motorists • Transit services • Emergency services • Trash and street sweeping services • Retail &commercial businesses • Residential uses • Pedestrian, bicycle and equestrian uses • Three (3)schools Critical Issues Our team has conducted a cursory review of the project site and identified the following critical issues. Safety: First and foremost, APP always considers safety the most important issue on any construction project. APP managers and inspectors are at a minimum 10 hour OSHA certified. Our team will recommend key safety provisions to require the contractor to have competent safety personnel and site specific safety programs employed on the project at all times and will monitor the Contractor's operations for compliance with the project safety requirements and requisite provisions of State and Federal Law. Public Relations: The AndersonPenna team is well versed in the successful completion of roadway rehabilitation projects on major arterials that affect many residents, businesses and services. The following critical constituents will need to be carefully coordinated: • Both a general outreach program as well as more specific outreach to key users will greatly enhance the public's ability to plan for and coordinate with the construction activities. The project specifications include very detailed and continuous schedule updating requirements. The AndersonPenna team will work closely with the City and Contractor to keep the public apprised of the critical information associated with construction impacts. • Dilligent, continuous oversight and enforcement of proper housekeeping, dust control and site maintenance on a continual basis. • Several bus stops will be affected by the construction work.To minimize impacts to transit operators and riders,transit operators will need to be involved in the preconstruction meeting.The Contractor will be required to incorporate relocation activities and advanced notice activities into the project schedule. Proactive coordination with transit providers will be implemented to minimize inconveniences to users. • Emergency Services - Traffic delays during construction can adversely affect emergency services including medical, fire and public safety. Coordination with the police, fire, and medical departments, and all construction staff is extremely important. Communication of appropriate alternative routes must be made to emergency officials in advance of and throughout the duration of the project. • Access to business and residential driveways will be maintained whenever possible, with alternate access and signage established to minimize impacts to affected businesses and residents. Mage ANN I.'ON•FENNA • iZ( C't(�i��7 ArTALI.. V%ERDES 4n Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 • Pedestrian, bicycle and equestrian safety measures must be constantly addressed, especially in high volume locations such as at bus stops, and retail centers. Special attention and coordination will be required in proximity to the three (3) schools along the project limits to ensure safe access to and from the schools through construction zones. The project team will need to intensify and continue the public relations effort as the start of construction nears, and throughout the duration of the project. Traffic Control: Timely implementation of the final traffic control plans, detour plans and coordination of the content and location of changeable message signs in compliance with the plans and specifications will be critical to the successful completion of the project. Close monitoring of lane closure time restriction and traffic control maintenance will help to minimize inconveniences to the traveling public. Incorporation of traffic control phasing into the project schedule by the Contractor results in smoother critical path schedule review and updating processes. The project specifications require a dedicated traffic control foreman be on site at all times whenever traffic control measures are required. The APP team will work closely with the traffic control foreman to implement, adjust and continuously maintain traffic control measures to best fit the various traffic flow situations that will be encountered throughout the project limits. Approach The APP CM and inspection team firmly believes that the key to a successful project is more than just performing tasks outlined in a scope of work. Any competent team can follow a set of written guidelines. The key to a successful project is performing each task with a realistic and clear understanding of what the real intent of the project is and constructing the final product with a "win- win" attitude. Management of public construction projects requires a proactive approach with talented staff. APP owes the successful completion of hundreds of client projects to our ability to find and maintain excellent professional staff, and our dedication to organization, documentation and the proactive management of the construction process. Our keen understanding of, and experience with the public process and the public construction contract administration also results in a smoother project experience. Our team's experience and our proactive approach enable APP to stay ahead of the contractor and maintain the project on track for successful completion, on time and within budget. The APP CM approach starts with the end in mind. The end being a quality project delivered on time and within budget. APP delivers construction management systems and procedures developed by construction managers. These tools are scalable and customized to best fit client's project need and budget, and to integrate with the City's way of doing business. From simple, time-tested forms and procedures to the state of the art in CM and web-based systems, APP delivers small and large projects on-time and under budget, while keeping our Client up to date on a "real-time" basis. Scope of Services APP will be responsible for Construction Management, Contract Administration, Inspection, Labor Compliance, Materials Testing and Quality Assurance The APP team will perform as part of the City's team, in the City's best interest, as an extension of City staff. Wage '--- ANDERSON•PENNA • �wwMcwi M twOcCT PCtvcw► • • RANCHO f ALOS VERLES Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 AndersonPenna's proposed approach and work plan for completing the services specified in the Scope of Work, is detailed below Pre-Construction Conference: The App Team shall coordinate and direct a pre-construction conference and prepare minutes thereof. APP will coordinate and conduct the pre-construction meeting including notification to the Contractor, utility agencies, and other stakeholders, and prepare the meeting agenda and minutes. The agenda and minutes will include the following Prot Nano/R•Aabrtn.rhnn of Pgr••r SooNwrd items. PropectNo 7174 AAe1u• CONSTRUCTION PROGRESS MEETING NO 1(Preconstrurtlon) dia474 AGENDA Con tracbr: DATE • Introductions of key personnel ,�Cr��, Time UMW TAM �i Dip Cost • Project Overview 'gra.. 0.7`T" 0 Vduee Pe.c...eo.wegn Per AaoteaI nit1 >x Addero,.vane Cir..txtou�e C o No_ a At�orM Ar.t Ice r CO Ne fa Tout Cunene Domed Tint p•oe ung dem TAM Current Corer.Ana. • Public relations, HOA, business, and services Drys e`pdmore. doe aLose vs. °Mawr °a_Ap;harzoban 1 '0 Wa.iw Da r•Reeeeii g u ,.Lopee.d Dams a500 w,t; >� coordination, and issue resolution `"""""e"'"`°"""°"°'� Nemo,�`°r°"* NO DATE DISCUSSIONVCONNIENTS ACTION ST DUE DATE sums A Primmer,INN.. • Utility coordination and integration of utility A 1 1 -Mimosas e+leo.>D.i .11 OR*, ar mimed Om red se Nr owe coordination activities into schedule A 12 Food t)wenA.r ate rwre•ferrel mewl,of r;O'ged FNmiA Chem ammermaien bey area.JO rel.orrimmealens F�ellir< oil M Noel Nr Co...�.r.Aisne Err.File • Labor Compliance, Prevailing Wage &Se pow erreepeni enetle ��1 compliance, paperwork and report si M N•sraosl•edeee fit M moot eel MOMS Oran ellortalw to ire C nnosia ate sit/W M requirements,etc. Email oreependence,I.sa.W. Safety ,, Wang ...�..r_�rt.AdYew ~e. .e. . .� e.�e, • tell.00•41Sat dew Mabe.teweal.bfslee..tow � 1 s Ap.r.val a Prawn Pray. flr.Itr.Itllirtfes A 61 kM�:pca ro7+e9nres.n.el • Confirmation offully executed Contract and SIMIMIC Ittit, S Federal Fuebnq;Clan.O.Inistnpon Cama C.o*000 Notice to Proceed I t 1 Coltrane FeeeinNAim.seamen keq•ree.ersaid Com R•epeN.ell.e APP • Establishment of Contract Time and "" " NP'" `ANntiw•' meow.•'° ,,'A' +�to r�we,•akeiene�Y••lr • Clomp mews mad•Nie.N.immelem.ofroliees me peke mow•lgrams eel did le atl.le NW slow elms Completion Date, schedule comments, and r•I•e.i...I.....rr.i.f..lise • c rNetrero floe be per Nr,M»w are Ne ur.r r it mooed)MemA loW s GOWN el Cwlrowr wool. r requirements for approval. Look ahead and • Aare. lememedM...,r.rwrr..fele.r+r " Cooks update requirements ' ...00•00t .�e� )nNali..a .ri, Ia. " '"ia' r.....e•1..6...re.w Gin it*.e ti • Review of Working Day definition and holiday d''by "'"°""'"'"� schedule ""'�' • Chain of communication & key contacts • Critical design elements,schedule, and cost factors • Subcontracts • Documentation and tracking controls • Change order procedures • Scope, schedule and cost change administration, notification requirements and controls • Submittal and RFI process • Identify long lead and any substitution and/or equal items • Inspection and testing, review call-out, deputy/special, and testing requirements • Progress payment procedures • Right-of-way(s) • Easements and special access considerations, night, and weekend work requirements • Placement of signs • Questions and answers • Action item assignments Wage ANDERSON•PENNA •lARTe•Cws *so P•OJCCT OC Live or • Ifni t tn ERizES 4 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No. 002912 APP considers the pre-construction meeting as Progress Meeting No. 1. All items discussed are designated as "open" or "closed." All open items are carried forward to subsequent progress meetings until resolved and closed. Action items are assigned a specific .OM1•.IiHL TN�NNA responsible party and a deadline for resolution. Each progress meeting is clearly documented and distributed to all attendees and affected coordination parties. APP will typically conduct, or at a minimum participate in, all site meetings. Pre-construction meeting and site meeting minutes will be distributed via fax and/or email to all meeting participants and to courtesyft"="1- -- recipients identified by the City. �!Ar�i.r.fYi�ruwr ss��►re. � I Schedule Review: The APP CM will review the baseline "'' ""'` construction schedule including activity sequences and duration, j_ - _ schedule of submittals, and schedule of delivery for products with _ ��-- long lead-times. The Construction Management team will evaluate - -- -= _--- the baseline project schedule for the following: - - -= • Consistency with the contract schedule (completion within - z t_ the contract time) • Accurate start dates, completion dates, other dates detailed in the contract _. • Any impacts of weather and change orders _ ----~ • Sufficient detail - including submittal process and --- _ - -* -== -_ procurement requirements � ,__ 1.1.,7-1111-• 1 j • Sequence of construction and correct schedule logic 7 - IL -�� r : -- ;�1_ i • {_• t , • Identification of the critical path and project float 4-E - —1 ri14- The schedule will not be approved as the baseline until all j discrepancies are resolved. Schedule Control: During the progress of construction, the APP CM will compare the Contractor's schedule updates to the baseline schedule and any approved time extensions, note any shortcomings, and monitor and track corrections by the Contractor to keep the project schedule on track. If necessary, APP will negotiate time extensions due to change orders or other delays. Coordination Meetings: APP shall schedule and coordinate periodic project coordination / status meetings. Periodic progress/coordination meetings will focus on the following items: • Safety Issues • Contractor's detailed look-ahead schedule - expedite anticipated delays, coordinate inspection and testing requirements, etc. • Public relations issues • Progress and major decisions during the last week • Update of unresolved items from previous meetings • Labor compliance a requirements • Status of submittals and change orders S I Page ANDERSON•PENNA •PARVPle IM PROJ[CT Ot tv.Apr• • 0 VERDE s Palos Verdes Drive East 4 Q From Vista Del Mar to the City Northerly Limits Project No. 002912 Wage ANDERSON•PENNA •.A.,.....UM*oOJtCT Oti.wts.r• 0 0 Palos Verdes Drive East ..4 -z41!1„,„ From Vista Del Mar to the City Northerly Limits Project No.002912 Submittals & Substitutions: The APP Team shall review 'oilshop drawings, working drawings, requests for AN1? N)NNA '"" ,1.00.0-WU,1 .. a IEUNt11.►X.IR'NM 1.LAX: information, samples and all other data required to be ,,,I-4-.. 1........... .. . ,,,�T .s. I. T. Cl. Commor � submitted by the contractor for conformity with the �>RT� contract plans and specifications. Require, monitor and . ' .�...y...,.:......... .♦l. L .�.ti. ... ..l.. 1. .�4'Y E.:� 1�r�.1R.a. lii lY'l. •.c'L, �1.Ys• �� document compliance with City's Quality Assurance `:=1:.-->.� -: °°., r>,a - s• ��. Plan. Document and submit responses to the contractorA4.� 'Eliiiti— a,tee...�,,�. ,�s ,.' t�, �.,.. _,., =.• and to the City after consultation with City staff. ' , `•o•_` "~ ..lia .a,.,6, woo }yam *w•-f>t!'i ori i+ iya :..N +�4�x�.�.is.-es..-�r�1T.�'1� The APP Team shall evaluate and determine the ,m— acceptability of substitute materials and equipment i. - -z1‘.:,-...7.--.._ 7" * >` �"'-' - proposed by the contractor and will provide :.a. recommendations to the City. NAM ' i.C/Mil ir.inTTlI i - - •r.►.a.t.. i 1TI ji :u, '..r W'm 47 'l INprev. s swYa. 4�Y>. its ANDERSON•PEN NA .PARTNER* IN PRQ•JECT OEL'VeR�• PROPOSED CHANGE ORDER(NCO)LOG •N... "'`` ~El(0010111000 PaPtims. POTENTIAL CHANGE ORDERS PCO Descripi en leellldleel lif DiNe Ial00ier ��bee� $0111101A Swum �tdi rete/ Nter1►0g alas Naas N. AwMN If approval! Aim1M apiwond Dap Days COX ill la Cool 1 Warms aloha Moos morel DMA mins_IT AR.eo aim , E!rtI_ a us o o ANN."Wig Nt*I trralt burr DMA Pails COlomm iea Oar 2 •y Ter2 RPI Ins caaaleews ,DMA N2'2 1011 EN213 013% 170206, 613% 0 0 1 Alm=4, L!,,,,,wr,reTT�*n* s p.011 i Ce11acd V da+► City 111+12 201 I $1104.21 L13% V.41315 LS% 1 I 1 Mai �'.do 461 .+�es rrwwelela Clasoder Estill et ticks=t ______pdorFooYdela _____ C 4,2V2011____ _1_10 4.11+ OMLf0 4.11% 0 0 1 Opel imamN.Weis , IAstrO CO w.esdn NT? 2 Ashind DO r Clot Sint COY 101 0f2011 02.536.00 141% $3,0064? $10% 3 + I vim ,Tre 1010,11 Priis P�1 Q11.1.3'0 Qeeeetto PAmm0itieee C% 1113011 16.00 o 101 llsd0l +x.001► 0 0 1 Popo monialiriole Tod Me01Yd CLseRo SUMS' 1-7" 1 6 00M111�t SMR 06aleterulPeete>o P M Mow.PMby/1111111.101A set Osteelr iwon O01/+ Mime Crime 1101100000 0010,00 OewM VW*NOW 1004 101wMLi! 001110t01011CT SALAMI 11111WNOi 1L110uI r REalEiT FOR 11.01111A110611.!>y�i'l.t 17 NNA Ilk CIMINesma aMemess.us MN NO..Tr•+ i00011..C..rr0../ G>l�... moo em:00i`0O......, Loom.eTT�.. Requests for Information (RFIs)and Change Management: MOM NM �:m ern .dMA110. .T>:,V0 eendc sdetsoee- Anet or.0.■.r wMs u.Tyr ITN......... u o-T20 11111161.1_ _ The APP Team shall evaluate change order requests (COR) with regard rww.a.ww�.T�ww�.wraiwwwrs.larr.�e........ ewo.s,.TT 7,....,:x.Tsf�Tlw/TTk l��/mob adm.AM �rn to both time and payment, and Requests for Information (RFI) as stated "" '"""''' 'Derao..i og � � Te..pre / WM.I am,PCC oi.t.1.1•11.. i in the City's Contract Documents, coordinate review with Resident '"""".""'�""""~""""'""`""."'""as. Engineer and design professional of record, advise whether the original ..=-- design intent is thereby altered, and provide recommendations to the City. RFPs: Upon receipt, the CM will log, distribute, and respond to each r Request for Information (RFI) as required. It is anticipated that most .�. will be handled upon receipt. In the event that the design engineer or °° any member of the City staff is required to answer questions, the CM will coordinate a timely resolution. APP will identify potential impacts to cost or time that may result due to issues identified in the RFI*, with recommended alternatives or solutions to mitigate the potential impacts. 7 I Page �- •e, ANDERSON•PENNA PALOS O�FRDES 4 Palos Verdes Drive East From Vista Del Mar to the City Northerly Limits Project No.002912 Change Orders: Each issue, which is identified as a potential « CITY OF LOMITA change to the design, scope, cost or contract time, will generate a -a PUBLIC WORKS DEPARTMENT change notice. The CM will determine whether or not a change CONTRACT CHANGE ORDER NO. AV�wna V122 n.w�.r.°w�.�&Phis. e notice should be considered. The plans and specifications will be CM .PE I.� I reviewed against the change notice. If the issue does not appear to MI HMS,11PLAPIED.11111.001111112 OINICIE1 .pY.1„/k.„swo.1.1.t.ishrsrah hashes..O...,rawl hiss aselislosa be included in the plans or specifications, a Request for Quotation „ .1r"�"tl"" (RFQ) will be sent to the Contractor. Any credits for work deleted � � °" ' �"' as a result of the change will be required at this time as well. The ', -—, M.� Um2 2 gush Mho Contractor's response to the RFQ will be evaluated for reasonableness and completeness. Upon approval by the City, the „ -= "_ M ' .. , •-• �.- CM or Inspector will prepare, log, and process change orders for `_;�°°"'°�""..�.:� w......Saha. --- full execution, and administer their implementation. Once fullyiVOM MOM executed, the CM will review the timely completion of the work Mgr and coordinate inclusion of the change order in the appropriate = uma ,,..., Is.cts amissaiste 4- -•- tuns s payment application. "WOW UAW C COMM TO AE ar f POIOI��.eTR11�.O NOSP RL TIMMO MOOMR Force Account Daily Extra Work Reports: APP will verify and sign 1 ,....e.,.,o,a.n.,.,.. pin, Contractor's daily extra work reports documenting force account (time & materials) work with City concurrence. In particular, APP �„•, OOOMhr1MM will monitor that only appropriate worker classifications necessary for approved time and materials work is included on extra work reports. Any inappropriate workforce and/or equipment charges 111/1"115...."ITA- l�= will be promptly rejected and removed from extra work reports. -In--- Claims Avoidance: APP will assist the City with claims filed by the EXTRA WORK mart iii .... i Contractor in accordance with the General Provision, and the r =L�__ �4 Standard Specifications. APP is well-versed at negotiating ander: r resolving claims amicably between contractors and public agencies. Should a claim require work in addition to APP's contract, APP will be available on a time and materials basis if desired by the City. The `_ -� _- ,. ��• provision of any legal advice or services is specifically excluded. Wage -- N ANDERSON•PENNA �a►w*w[ws,w rw0.,[CT os ,vcw. 1110 0 PALaS EK(-S Palos Verdes Drive East 4 o From Vista Del Mar to the City Northerly Limits Project No. 002912 Quality Assurance: The APP Team shall coordinate, observe, and ,,,,,j, approve all tests and other requirements. Testing will be performed ,,, , ,,,._,. .. ..,. .... by our subconsultant, Koury Engineering and Testing, Inc. tsuusmansiumui QA/QC: APP will implement the City's established Quality ;.. i.. _' °� ;' TV"-: Assurance measures stipulated in the Plans and '. --4 "` Art -- - "� Specifications. APP will coordinate QA/QC activities on a El: K:,-tet1 ��---M daily basis and review activities as they happen to make sure :all4-_ -• –,..:1 1 + f : I ri that QA/QC procedures are followed and deficiencies are t ` ""'~ � ' resolved in a timely and efficient manner. -_, i __ _4 _ t Pi t: :4_ __ : 7 z a Testing and Observations: The APP CM will coordinate ,; Tt. : i- laboratory,jobsite, and offsite/source inspection and testing I "0" - 11t:1 of construction materials and required observations per theALI.:Y::-__- ---� TV-I i-l- construction documents, construction codes, and . jo:.: L -, if '-i ' -; Jurisdictional Agencies.The CM will monitor testing services, .. - - t,.:- ' k, -- If - -i;t 1'3' track documentation, and record testing results in weekly construction progress meetings. When necessary, corrective measures will be implemented and re-inspected to verify acceptable completion. Safe Conditions: APP will monitor project work and adjacent areas for unsafe conditions, promptly require corrective measures to be addressed by the Contractor in compliance with the contract documents and report such issues and corrective measures taken to the City. One of the most pervasive job hazards across all public works projects is construction adjacent to live traffic lanes. APP inspectors are intimately familiar with monitoring and enforcing proper traffic controls per the WATCH Handbook, MUTCD and/or project specific Traffic Control/Traffic Handling/ Detour plans. Inspectors drive and/or walk the project limits at the start, during and before leaving the site each day to monitor proper, and/or require corrections to the required traffic control measures. Site clean up during and especially at the end of each working day will be strictly enforced. Progress Payments: The APP Team shall review contractor's monthly Progress Payment Requests (PPR) and make recommendation for approval to the City and prepare and process progress payment requests on the City's forms for approval. Progress Payment Processing: A cost control system, based on the approved schedule of values, approved change orders, and the contract amount, shall be developed and implemented to monitor progress costs. APP will review the payment applications submitted by the Contractor and determine whether the amount requested reflects the progress of the Contractor's work. Appropriate adjustments to each payment application will be required by the Contractor. When the payment application is acceptable and all backup documentation is verified (certified payrolls, lien releases, etc.), APP will prepare and forward to the City a Progress Payment Report. This report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. The APP team is experienced in evaluating complex pay applications. It is critical to the City's best interest that payment application review be performed accurately and prudently to maintain the prime and subcontractor incentives to perform on the projects. 9 I Page ��— ANDERSON•PENNA •. ...... t« ......CT OCLIVC4►• 1110 1fI s 4 Palos Verdes Drive East Q From Vista Del Mar to the City Northerly Limits Project No.002912 Labor Compliance: The APP team will work proactively and cooperatively with the ContractorA!V EMRSON Pt So�URgd M NNA +a No B701C-12 f W rtl Prq•ct No ESP,,r9 ii 4S 1D1' .........-.. CERT1nED',MOLL LOG to monitor and enforce the City's labor OEIIIMCfMeE11E00111M071M VN71f Mi17 °xaotl Ma! Tsan: r27°+: -a:z-: a:er: compliance requirements,as follows: C ,.; • Prior the each contractor's mobilization to theCirSorY SoISPISI .10 project site, APP's labor compliance specialist "�°`"` :`: x: Nat. MA thi will review the submitted proposed labor -`aft "` categories to be utilized by prime contractors IHS ®B© . and subcontractors, and address any ocmcis appropriate adjustments for compliance with Sztaresn Swam m1. `= &crow.1. ©© l .� .a, - the State Prevailing Wage Determination for .pm,CID no Ms WI M, direct wages and fringe benefits. Coo. Liman(Sancnir Coins VW SWAM • APP's inspector will track daily manpower ,,;Y utilized by employer and labor classification. KW..Crows - _ WWI • Certified payrolls and fringe benefit statements will be received and logged for �...... each contractor and subcontractor on the project. • Certified payrolls will be reviewed to confirm proper wages and benefits are paid to each employee and classification. • Certified payrolls will be compared to inspector daily reports to confirm each employee, number of hours and appropriate classification observed on site was paid the proper amount. • Any discrepancies identified will be documented and coordinated with the appropriate contractor or subcontractor through the appropriate resolution via the appropriate restitution paid to the employee, supplemental or corrected certified payroll submittal or supplemental daily report entries to correct mis-recorded entries. Document Tracking System: Complete and current project files shall be kept at the job site, or at a location agreeable to the City, and shall be OLle. available to the City at all times. These files will consist of the contract, correspondence relating to or modifying the contract, proposal requests, ... clarifications, permits, logs, reports, RFI's, field orders, change orders, claims inspection reports, test reports, etc. The APP project controls system includes a detailed file indexing system for all project hard files. t '"'''" APP has already developed customized forms, reports database structure, and work breakdown structure, well suited for typical public �..��. works projects. We will adapt our system to the specific needs of the --r-111111r= project, to monitor, track and control the project. This detailed tracking system will enable us to provide an accurate assessment of the progress ,..�Y.....� to the City with recommendations to maintain or improve adherence to the approved project schedule. 10IPage ANDERSON•PENNA .►AATM[w� M►1QJ[CT OLl1V[/17-