Ardurra Group Inc (Anderson-Penna Partners Inc) - FY2015-009-02 AMENDMENT NO 2
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR CONTRACTUAL
SERVICES("Amendment No 2")by and between the CITY OF RANCHO PALOS VERDES,a
California municipal corporation ("City") and ARDURGROUP, INC , a Florida corporation
("Consultant") is effective as of the /9 day of /f/DV, 2019
RECITALS
A City entered into that certain Agreement for Contractual Services dated July 15,2014
("Agreement") with Anderson — Penna Partners, Inc , whereby Anderson — Penna Partners, Inc
("Anderson — Penna") agreed to on-call professional services to include civil engineering design,
survey and mapping,construction management,and project inspection services("Services")through
June 30, 2018
B The Agreement provided for a maximum contract sum of$25,000 per specific written
task, with an annual not-to-exceed amount of$60,000, for a total Contract Sum of$240,000
C On July 31,2018,City and Anderson—Penna entered into Amendment No 1 to the
Agreement, which extended the Term of the Agreement through June 30, 2019, and increased the
annual not-to-exceed amount from$60,000 to$210,000 for FY 2018-2019,for a maximum Contract
Sum of$450,000
D On or about September 27, 2018, Anderson— Penna was purchased by Consultant
Ardurra Group, Inc Consultant is the successor-in-interest to Anderson —Penna
E City and Consultant now desire to amend the Agreement to reflect Consultant's status
as successor in interest to Anderson— Penna and acceptance of assignment of the Agreement and
subsequent amendments thereto, and to extend the Term through June 30, 2020, and set the
compensation for FY 2019-2020 at a not-to-exceed amount of$60,000, for a maximum Contract
Sum of$510,000
TERMS
1 Contract Changes The Agreement is amended as provided herein Deleted text is
indicated in stfikedIfeugh and added text in bold italics
a Section 2 1, Fee, is hereby amended to read:
"CITY agrees to compensate CONSULTANT in accordance with CONSULTANT's
Schedule of Hourly Rates, which is within Exhibit "B", and shall meet or exceed
prevailing wages, but shall not exceed Sixty Thousand Dollars ($60,000) per fiscal
year through FY 2017 1-8, FY 2019 20 and shall net exceed Twe Hundred Ten
•.•: `: .. 1,!!! - ! : •,for services as described in Article 1
The total compensation shall not exceed $510,000 (Five Hundred and Ten
Thousand Dollars). - . . - . : - • . . . . ! : !,t!! On-call
services that are reimbursed by a trust deposit shall not count towards the maximum
(N392I765 1)
amount CONSULTANT shall be paid for such services The rates in Exhibit "B"
shall be in effect through the end of the term of this Agreement "
b Section 2.5, Term of Agreement, is hereby amended to read:
"This Agreement shall commence on July 1, 2014 and shall terminate on June 30,
2020June 30,2019,unless sooner terminated pursuant to Article 4 of this Agreement
No extensions shall be permitted beyond June 30, 2020."
c Section 3.1, Indemnification, Hold Harmless, and Duty to Defend, is
hereby replaced in its entirety with the following.
"To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City,its officers,employees and agents("Indemnified Parties")
against,and will hold and save them and each of them harmless from,any and all
actions,eitherjudicial,administrative,arbitration or regulatory claims,damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities whether actual or threatened(herein "claims or liabilities")that may be
asserted or claimed by any person,firm or entity arising out of or in connection
with the negligent performance of the work, operations or activities provided
herein of Contractor,its officers,employees,agents,subcontractors,or invitees,or
any individual or entity for which Contractor is legally liable("indemnitors"), or
arising from Contractor's or indemnitors' reckless or willful misconduct, or
arising from Contractor's or indemnitors'negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses,including legal
costs and attorneys'fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City,its officers,agents or employees for any such claims or liabilities arising out
of or in connection with the negligent performance of or failure to perform such
work, operations or activities of Consultant hereunder;and Consultant agrees to
save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Consultant for such
damages or other claims arising out of or in connection with the negligent
performance of or failure to perform the work,operation or activities of Contractor
hereunder, Contractor agrees to pay to the City, its officers,agents or employees,
any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs
and attorneys'fees.
(d) Contractor shall incorporate similar indemnity agreements with its
subcontractors and if it fails to do so Consultant shall be fully responsible to
indemnify City hereunder therefore,and failure of City to monitor compliance with
(N3921765 1}01203 0006/559787 1 -2-
these provisions shall not be a waiver hereof This indemnification includes claims
or liabilities arising from any negligent or wrongful act, error or omission, or
reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or
liabilities occurring as a result of City's sole negligence or willful acts or
omissions, but, to the fullest extent permitted by law, shall apply to claims and
liabilities resulting in part from City's negligence,except that design professionals'
indemnity hereunder shall be limited to claims and liabilities arising out of the
negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and
shall survive termination of this Agreement."
d Exhibit "D", Acknowledgement of Assignment, is hereby added to the
Agreement, as attached hereto.
2 Continuing Effect of Agreement.Except as amended by Amendments No 1 and 2,
all provisions of the Agreement shall remain unchanged and in full force and effect From and after
the date of this Amendment No 2, whenever the term "Agreement" appears in the Agreement, it
shall mean the Agreement, as amended by Amendments No 1 and 2 to the Agreement
3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement Each party represents and warrants to the other that there have been no
written or oral modifications to the Agreement other than as provided herein Each party represents
and warrants to the other that the Agreement is currently an effective,valid,and binding obligation
Consultant represents and warrants to City that,as of the date of this Amendment No 2,City
is not in default of any material term of the Agreement and that there have been no events that,with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement
City represents and warrants to Consultant that, as of the date of this Amendment No 2,
Consultant is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement
4 Adequate Consideration.The parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No 2
5 Authority The persons executing this Amendment No 2 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authonzed to
execute and deliver this Amendment No 2 on behalf of said party, (iii) by so executing this
Amendment No 2,such party is formally bound to the provisions of this Amendment No 2,and(iv)
the entering into this Amendment No 2 does not violate any provision of any other agreement to
which said party is bound
[SIGNATURES ON FOLLOWING PAGE]
(N3921765 1)01203 0006/559787 1 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written
CITY
CITY OF RANCHO PALOS VERDES, a
municipal corporation
: . . • , Mayor
ATTES
41.111.-
41IrAVA
Emil olboT� , y Clerk
APPROVED AS TO FORM
ALESHIRE & WYNDER, LLP
Wi iam•W W der, City Attorney
CONSULTANT
ARDURRA GROUP, INC , a Florida
corporation
c A
By .
Name (part, .P�-/tie , //
Title G fd
By /`_
Name LISA FE NJ N A
Title . 00N460(oc i PTU pig c_
Address VILE 721-373/ f rcj Sfir-�{.4- 041,L ZS O
NE PPO/2--r T trAcij C.11 civo(00
Two corporate officer signatures required when Contractor is a corporation,with one signature required from
each of the following groups 1)Chairman of the Board,President or any Vice President,and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONTRACTOR'S SIGNATURES
SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY
(N3921765 I}01203 0006/559787 1 -4-
rbfImo'
CA-L—trORNTA ALL—PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document
STATE OF CAW-OR-NIA //0 JAIL ei
COUNTY OF tOS ANGES Y`N'' -��
L
On (1IiC) ,2019 before me,/t (a cid6r,personally appeare( 712 1 ,proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capaclry(ies),and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct
WITNESS m. and official seal ptmna PAULA R.ELDON •
y _ /Eommission# be '�
Signature , 4 Expires September
�aro. Bonded Thea Troy Fein harem 8004857019
OPTIONAL
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CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
El CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
El PARTNER(S) ❑ LIMITED
El GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
El TRUSTEE(S)
El GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
{N3921765 1}01203 0006/559787 1
CALIFORNIA CERTIFICATE OF ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate venfies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document
State of California
County of Ora/24,4
On ('— a j — 020 /1 , before me, Arit{ k'tJp/t2/ NotarYPub1ic.
personally appeared l—06t— /V( , /7t n oc,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authonzed capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of State of Califonua that the foregomg
paragraph is true and correct
AMY KAPLAN
No[aryPublic Caldorma
`� Orange County >
Commission k 2145492 WITNESS my hand and official seal
My Comm Expires Mar 7 2020
SIGNATURE /' o/ 119l i V
PLACE NOTARY SEAL ABOVE
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and could prevent fraudulent removal and reattachment of this form to another document
Description of attached document
Title or type of document it/L . .I/
Document Date / 1— / ge / 1 Number of Pages
Signer(s) Other than Named Above
Exhibit D
Acknowledgment of Assignment
THIS ACKNOWLEDGMENT OF ASSIGNMENT ("Assignment") by and between the
CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City"), and
ARDURRA GROUP, INC , a Florida corporation ("Ardurra"), is effective as of the August _,
2019 ("Effective Date")
A City and Anderson — Penna Partners, Inc ("Anderson - Penna"), entered into an
Agreement for on-call professional services to include civil engineering design,survey and mapping,
construction management, and project inspection services dated June 30, 2018 ("Agreement")
B On July 31,2018,City and Anderson-Penna amended the Agreement,to extend the
Term of the Agreement through June 30,2019,and increased the annual not-to-exceed amount from
$60,000 to $210,000 for FY 2018-2019, for a maximum Contract Sum of$450,000
C Ardurra has informed the City that Anderson—Penna has assigned to Ardurra and
Ardurra has assumed from Anderson- Penna all of Anderson-Penna's rights and obligations under
the On-Call Agreement
D Anderson-Penna and Ardurra have requested that City acknowledge and accept this
assignment, and City is willing to do so
NOW,THEREFORE, in consideration of the mutual promises of the parties hereto and for
other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
City and Ardurra agree as follows
TERMS
Representations Ardurra represents and warrants the following
a That Anderson - Penna has assigned to Ardurra and Ardurra has assumed from
Anderson - Penna all of Anderson - Penna's rights and obligations under the
Agreement,
b That Ardurra has sufficient experience and expertise to perform the obligations of
Anderson - Penna under the Agreement,
c That, to the best of Ardurra's knowledge, no default presently exists under the
Agreement and no state of facts exists which would constitute a default under the
Agreement, and
d That the terms of this Assignment are consistent with the terms of all agreements
between Anderson-Penna and Ardurra related to the assignment of the Agreement
(N392I765 1)OI203 0006/559787 1
2 Assumption of Rights and Obligations Ardurra hereby accepts all of Anderson - Penna's
interests and rights under the Agreement and assumes and agrees to perform all of Anderson
- Penna's obligations under the Agreement in accordance with the terms, covenants, and
conditions thereof, on, from, and after the Effective Date Ardurra acknowledges that(i) it
has received a copy of the Agreement and is fully familiar with its terms, and (ii) City has
made no representations concerning the Agreement except as expressly provided herein
Ardurra further acknowledges and agrees that the Agreement shall control the obligations of
Ardurra and City, and that the Agreement shall control over any inconsistent provision in
any agreement that may exist between Anderson - Penna and Ardurra
3 Payment of Invoices Ardurra represents and warrants that per its agreement with Anderson-
Penna,invoices for work performed under the Agreement up through July 31,2019,shall be
paid to Anderson - Penna, and invoices for work performed after such date shall be paid to
Ardurra City will pay all invoices accordingly in reliance on this representation Ardurra
agrees to indemnify, defend, and hold harmless City from and against any claim by
Anderson-Penna for payment of any invoice for work performed under the Agreement after
July 31, 2019
5 Due Execution The person(s) executing this Assignment on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Assignment on behalf of said party, (iii) by so executing this
Assignment,such party is formally bound to the provisions of this Assignment,and(iv)that
entering into this Assignment does not violate any provision of any other agreement to which
said party is bound
6 Full Force and Effect The parties further agree that, except as specifically provided in this
Assignment,the terms of the Agreement shall remain unchanged and in full force and effect
[SIGNATURES ON FOLLOWING PAGE]
(N392I765 1)01203 0006/559787 I
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and
year first-above written
CITY
CITY OF RANCHOPALOS VERDES, a municipal
i,„ drCo .. -
.,.;, ..,. : C Manager
ATT N:,
411
riump
1.4716„„,.?
Emi y ow..Crri, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Will W Wynder ity Attorney
ARDURRA GROUP, INC , a Florida corporation
By
fG�
Name *'a e r A'-e C i *//
Title Guy f
By9)-12.4(-__ � Y�
Name LISA AA PE/JA)A
Title Ai/qA.)44/N4 pt21N Cl 17A L
v, cE fR1:"SIDENT
Address 3 7 3 7 $1 rci S 17
(Sur.1-4 aro
AIR W/40/4- D eaat CA 926(o
Two corporate officer signatures required when Consultant is a corporation,with one signature required from
each of the following groups 1)Chairman of the Board,President or any Vice President,and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY
(N3921765 I)01203 0006/559787 1
..
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
("Amendment")by and between the CITY OF RANCHO PALOS VERDES,a general law city&
municipal corporation ("City"), and ANDERSON-PENNA, INC., a California corporation
("Contractor") is effective as of the 31st day of July, 2018.
RECITALS
A. City and Contractor entered into that certain Agreement for contractual services dated
July 15, 2014, terminating on June 30, 2018 (the "Agreement"), whereby Contractor agreed to
provide on-call professional/technical services to include civil engineering design, survey and
mapping,construction management and project inspection services,as requested by City Staff(the
"Services").
B. The Agreement provided for a maximum contract sum of$25,000 per specific written
task, or$60,000 per fiscal year, for a total contract amount of$240,000.
C.' City and Contractor now desire to amend the Agreement to extend the Term through
June 30, 2019, and to increase the annual not-to-exceed amount from $60,000 to $210,000 for FY
2018-19, for a maximum contract amount of$450,000. The increased annual amount for FY 2018-
19 is due to an increase in the number of projects for which Contractor's Services will be required.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
(a) Section 2.1, Fee, is amended as follows:
"CITY agrees to compensate CONSULTANT in accordance with CONSULTANT's
Schedule of Hourly Rates,which is within Exhibit"B",and shall meet or exceed prevailing
wage rates,but shall not exceed twenty five thousand dollars($25,000)per specific written
Task and in any case shall not Sixty Thousand Dollars($ 60,000)per fiscal year through
FY 2017-18,and shall not exceed Two Hundred Ten Thousand Dollars($210,000)for FY
2018-19, for services as described in Article 1. The total compensation shall not exceed
Four Hundred Fifty Thousand Dollars($450,000). On-call services that are reimbursed by
a trust deposit shall not count towards the maximum amount CONSULTANT shall be paid
for such services. The rates in Exhibit"B" shall be in effect through the end of the term of
this Agreement."
(b) Section 2.5, Term of Agreement, is amended as follows:
"This Agreement shall commence on July 1,2014 and shall terminate on June 30,2018June
30, 2019, unless sooner terminated pursuant to Article 4 of this Agreement."
2. Continuing Effect of Agreement. Except as amended by this Amendment, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after the
date of this Amendment,whenever the term"Agreement"appears in the Agreement,it shall mean
the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement.Each party represents and warrants to the other that there have been no
written or oral modifications to the Agreement other than as provided herein. Each party represents
and warrants to the other that the Agreement is currently an effective,valid,and binding obligation.
Contractor represents and warrants to City that,as of the date of this Amendment,City is not
in default of any material term of the Agreement and that there have been no events that, with the
passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
City represents and warrants to Contractor that,as of the date of this Amendment,Contractor
is not in default of any material term of the Agreement and that there have been no events that,with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
4. Adequate Consideration.The parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that(i)such party is duly organized and existing,(ii)they are duly authorized to execute and
deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is
formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does
not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01203.0001/308425.1 -2-
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and
year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
City Manager
AT%
4-11,
City
APPROVED
APPROVED AS TO FORM:
ALESHIRE &WYNDER, LLP
W"
City Attorne
CONTRACTOR:
ANDERSON-PENNA PARTNERS, INC., a
California corporation
By: "'A-4-e,-
x( Li
Name: Lisa M.Penna,PE,OSP
Title: ' President/CEO
By: /4r!i �eeell
Nme 1 �,Ltw-
Title: CE
Address: 3737 Birch Street, Suite 250
Newport Beach, CA 92660
Two corporate officer signatures required when Contractor is a corporation,with one signature required from
each of the following groups: 1)Chairman of the Board,President or any Vice President;and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES
SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY.
01203.0001/308425.1 -3-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On Lily)t /u ,2018 before me, -4-At o 3. (3LI/(6) ,personally a peared �-1 SY 01• Peti1S,proved to me on the
basis of satisfactory evidence to be the person( whose name is/aie'subscribed to the within instruTent and
acknowle ed to me th e/she/tVy execute the same in his/her/their authorized capacity(ies),and that by (s/her/ eir
signatur s) on the instrument the person , or the entity upon behalf of which the person(s) acted, executed the
instru ent.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
amu,,. ANTONIO JOSEPH tELELLO
'� ""i'1. COMM#2125847
WITNESS myhand and o ficial seal. t j"
�� Z E � �'� ORANGE COUNTY
NOTARY PUBLIC-CALIFORNIA Z
Signature: /,m. , ' 1t " MY COMMISSION EXPIRES
�vv SEP. 04, 2019
/
OPTIONAL
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prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0001/308425.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On �✓ * I n ,2018 before me,('1 1'a 75.fx(l(l' ,personally appeared/4/16WG.v(sti ,proved to me on the
basis of satisfactory evidence to be the person(, j whose namess/ subscribed to the within instrument and
acknowledged to me thate/she/tfiiey executed th'e same in hi/her/thpifauthorized capacity(ies)-,and that by M/her4tieir
signature(yfin the instrument the person or the entity upon behalf of which the personks7 acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official sealANTONIO JOSEPH BELELLO
`' '�'�^^ COMM#2125847
T
Z ..�, ORANGE COUNTY
Signature: �' Q `. rFt NOTARY PUBLIC-CALIFORNIA Z
MY COMMISSION EXPIRES —I
SER 04, 2019
OPTIONAL
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prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0001/308425.1
•
CITY OF RANCHO PALOS VERDES
ON-CALL DESIGN PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT("Agreement") is made and entered into this 15th day of July, 2014, by
and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and
Anderson — Penna 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 on-call services as follows:
Provide Engineering services to include Civil Engineering Design,survey and
mapping, Construction Management and project inspection services as
requested by Staff.
1.2 Description of Services
CONSULTANT shall: provide services in accordance with the CITY's Request
for Proposals, which is attached hereto as Exhibit "A" and incorporated herein by this
reference, and CONSULTANT'S Proposal, which is attached hereto as Exhibit "A" 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.
ARTICLE 2
COMPENSATION
2.1 Fee
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CITY agrees to compensate CONSULTANT in accordance with
CONSULTANT's Schedule of Hourly Rates, which is within Exhibit "B," and shall meet or
exceed prevailing wage rates, but shall not exceed twenty-five thousand dollars($25,000)
per single project and in any case shall not to sixty thousand dollars ($60,000) per fiscal
year for services as described in Article 1. On-call services that are reimbursed by a trust
deposit shall not count towards the maximum amount CONSULTANT shall be paid for such
services. The rates in Exhibit "B" shall be in effect through the end of the Agreement.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Anderson Penna Partners, Inc.
20280 Acacia St, Suite 100
Newport Beach, CA 92660
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the 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 within ten (10)days of the receipt of each
invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount shall
not be deemed a waiver of CITY's right to challenge such amount.
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.
2.4 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.
2.5 Term of Agreement
This Agreement shall commence on July 1, 2014 and shall terminate on June
30, 2018 unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
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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, 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
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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 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 CONSULTANT
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
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•
insurance is available at a reasonable cost, CITY may take out the necessary insurance and
pay, at CONSULTANT's expense, the premium thereon.
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 6.15.
(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
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0 410
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 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
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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.
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 §§ 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,auditing,or
inspecting and auditing all records and other written materials used by CONSULTANT in
preparing its billings to the CITY as a condition precedent to any payment to
CONSULTANT. CONSULTANT will promptly furnish documents requested by the CITY.
Additionally, CONSULTANT 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 subcontractors in the performance of its services
under this Agreement, but at all times shall CONSULTANT be responsible for its
associates' and subcontractors' services.
6.5 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 should be
performed,and understands the facilities,difficulties and restrictions attending performance
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of the services under this Agreement.
6.6 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.
6.7 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.
6.8 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 subcontractors for
additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
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6.9 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.
6.10 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.11 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.
6.12 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.
6.13 Non-Waiver of Terms, Rights and Remedies
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• •
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.
6.14 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.
6.15 Notice
Except as otherwise required by law, any payment, notice 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 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:
Responsible Person: Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: Lisa M. Penna, PE, President/CEO
Address: 20280 Acacia St, Suite 100,
Newport Beach, CA 92660
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• •
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
Dated: Anderson — Penna Partners, Inc.
("CONSULTANT")
By: 15/;;;20ake _
Printed Name: 1„.ilitjA -,Isfj4NA
Title: 4rzt DJTEJtEZ'
.
By.
' 1%1 AY-it'-a-a
Printed Name: Lt‹_ M, Luc
Title: C FO
/01j
Dated: CITY OF RANCHO PALOS VERDES
("CITY")
Y
I ii B
' E1 1A
lay•
lo
ATTEST: (_____, APPRO ED AS TO FORM:
By: _ ti i.f ifi / a:4BY
City lerk __ City Attorney
Page 11 of 11
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• •
Exhibit "A":
CITY's Request for Proposals
R6876-0001\1726250v.2 Agreement for On-Call Design Professional/Technical Services
Exhibit"A"
May 30, 2014
Anderson Penna
Attention: Bob Merrell
20280 SW Acacia St
Newport Beach, CA 92660
Dear Bob:
The City of Rancho Palos Verdes would like to include your firm on its list of authorized
On-Call consultants. Accordingly we are requesting a copy of your Statement of
Qualifications and other related services your firm provides and the associated hourly
rates. These qualifications must be relative to Public Works/Engineering Services your
firm provides. In July 2014 the Public Works Department will be asking the City Council
to approve contractual agreements with several On-Call service providers (a copy of the
most current contract is attached —this contract may be revised by the City Attorney
prior to City Council authorization of the contracts. If this occurs staff will provide you
with a copy of the revised standard On-Call agreement). This requires that we receive
the requested information within 7 working days (by June 6).
If you should have any questions or I can be of assistance, please contact me vie email
at rond@rpv.com.
The City reserves the right to reject any or all Statements of Qualifications.
Thank you,
Ron Dragoo
Senior Engineer
410 •
Exhibit "B":
CONSULTANT's Proposal, including Schedule of Hourly Rates
R6876-0001\1726250v.2 Agreement for On-Call Design Professional/Technical Services
Exhibit"B"
•
0
Statement of Qualifications for
On-Call EngineeringServices
Cityof RPalos Verdes
Engineering/Public Works Department
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June 6, 2014
Submitted by:
ANDERSON . pENNA
• PARTNERS IN PROJECT DELIVERY •
20280 Acacia St., Suite 100
Newport Beach, CA 92660
Telephone: (949) 428-1500 Fax: (949) 258-5053
www.andpen.com
• •
ANDERSON • PENNA
• PARTNERS IN PROJECT DELIVERY .
June 6,2014
Ron Dragoo
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Boulevard
Rancho Palos Verdes,CA 90275
Subject: Statement of Qualifications for On-Call Engineering Services
Dear Ron:
In response to your request on May 30, 2014,enclosed is our Statement of Qualifications.
AndersonPenna Partners, Inc.(APP) is pleased to submit our qualifications to provide professional
engineering and consulting services to the City of Rancho Palos Verdes on an on-call basis.
Our proposal has been prepared in accordance with typical requirements and will meet all of the City's
objectives in producing valuable and useful construction documents.
APP is qualified to participate in the Consultant Team Program for the following reasons:
• APP has completed a number of varied projects for the city that include several storm drain
installations and street rehabilitation or reconstruction projects.
• Principal-level involvement on all projects will ensure the City of a consistently well-produced
quality product.
I am confident that our approach to tackling any project the City of Rancho Palos Verdes might assign
and our qualifications will provide the City with a consultant that will successfully complete projects
within budget and on schedule.
We are sincerely interested in being selected for the Consultant Team and look forward to your
favorable consideration. If you have any questions,please contact me at the number below.
Respectfully,
AndersonPenna Partners,Inc.
i/ .01AC€A
Robert Merrell,PE Lisa M. Penna, PE
Senior Project Manager President/CEO
20280 ACACIA ST, SUITE 100 • NEWPORT BEACH, CA 92660
PHN 949 428 1500 FAX 949 258 5053 www.ANDPEN.COM
Lai City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Table of Contents
FIRM BACKGROUND,EXPERIENCE,AND QUALIFICATIONS 2
PROJECT MANAGER'S BACKGROUND AND EXPERIENCE4
REFERENCES/PROJECTS 5
CONTACT INFORMATION 10
APPROACH TO SCOPE OF WORK 11
RESUMES 15
FEE SCHEDULE........................................ 19
11Page
ANDERSON•PENNA
♦.wT•.twtt w rw041cr OrL.vtw♦
0 •
241
City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Firm Background, Experience, and Qualifications
AndersonPenna Partners, Inc. Qualifications
APP specializes in project delivery for local and regional public agencies and transportation authorities
throughout the western United States,with an emphasis on practical,experienced and cost effective
solutions. Our team of professionals provides construction oversight and inspection, project and
construction management,grant application and management,and civil engineering planning and
design.Our clients range from various cities and counties to transportation agencies and special
districts.APP also provides staff augmentation for public works and planning departments,federal
compliance for ARRA and other federally funded
projects, railroad bridge inspection and rating,and peer
plan review/plan check services.
We are a California corporation that has been in
business since 2005,and are a woman-owned DBE and ,: .
Certified SBE.We are headquartered in Newport Beach,
CA and have more than 60 employees operating out of Small firm focus Commuted to
Southern California,as well as supporting several on customer getting the job
satellite and/or project/client offices for several field service,big firm APP done right
resources
operations employees. Strengths
By design, our staff is comprised of professionals with
extensive experience working directly for public
agencies.Our familiarity and know-how gained by Partnering with stall with
working side-by-side with local and regional agency staff, our clients for substantial
in developing collaborative relationships with outstanding project municipal services
community and business stakeholders,and by partnering delivery experience
effectively with state and federal regulatory agencies,
delivers successfully completed projects and services,
well-managed budgets,and thoroughly satisfied stakeholders and clients.
APP tailors its management approach to carefully monitor program effectiveness,and closely track work
quality,quantity,and cost. Delivering projects under aggressive schedules requires careful management,
administration,and oversight of project development teams from inception to completion with
committed,complete ownership of all aspects.
The firm is in excellent financial status,with no conditions that may impede its ability to provide these
services.
A summary of APP professional services include:
• Program Management,Construction Management,and Inspection Services
• Project Management or Staff Augmentation for Public Works/Planning
• Civil Engineering Design Services
• Financial Consulting,Assessment District Formation and Grant Administration
• Energy Efficiency Consulting and Construction Oversight
AND/E"�RSON-PENNA
PA 1tiCMS M �AUJECO[L+Vf R.
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Project Management
APP's approach to project management is one of assuming full responsibility for quality,schedule
adherence and cost control of the project,thus assuring the client gets the full attention of our Project
Team throughout its duration.
Robert Merrell,P.E.will lead the APP Team as Project Manager. As Project Manager,he will be
responsible for the day-to-day direction for the project development activities,prepare monthly
progress reports,and will be the primary point of contact to the City of Rancho Palos Verdes.
Professional and technical personnel will be selected for this contract by the Project Manager based on
their specific qualifications and expertise tailored to the various projects assigned by the City. The APP
project team is known for their responsiveness and pro-active approach to problem solving and creative
methods of resolution in a cost-effective,efficient manner.
SubconsuItant Management
APP's Project Team may include subconsultants who are an integral part of the Team. Examples of
subconsultants would be for traffic engineering and landscape architecture. Our Project Manager,as
described above,will direct the efforts of the Project Team as a single point of contact for the City. All
information and communication with the subconsultants will flow through the Project Manager. APP has
successfully managed complex project teams in the past and continues to do so with the client experiencing
only one unified project team. All subconsultants are managed as an extension of APP's staff,and will
follow quality control procedures approved by APP.
Project Progress Administration
Throughout the course of our engagement,APP's Project Manager will schedule and hold periodic status
report meetings with the City's Project Manager at intervals mutually agreed upon. Each scheduled
meeting will have an agenda and will cover appropriate project-related items.
It is APP's intention to communicate frequently with the City to ensure the project is meeting the City's
expectations. This will help streamline the review process,thereby saving time in the design schedule. It is
anticipated progress meetings will be held for milestone submittals,or review thereof,unless additional
meetings are mutually agreed upon.
APP utilizes software to track labor,expenditures,and other resources on every project. Employees enter
time into their electronic timesheets. Job numbers and labor codes are entered to track labor per project
and further break it down to tasks per job.
Subconsultant expenses,mileage,reproduction,or other reimbursables are also entered into the database
on a weekly basis for each project. On a monthly basis,project reports are printed and used by the Project
Managers in generating monthly invoices. The format of the invoice varies with client preferences but
generally indicates the contract amount,amount previously invoiced,and remaining contract amount.
Wage .lo�--
ANDERSON-PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Quality Assurance
Our Strategic Approach to a Quality Project
Understand the Project:Quality control starts at the
beginning of a project through planning and controls.At
the forefront of a project,our project manager will Understand the Project pie
discuss the proposed scope of work,projected schedule, = --- th pro
and estimated costs in detail with the client to ensures.`. %4>
that the project scope and goals are fully understood ,t,
from the onset. Quality
0
Management o
The Right People for the Project:Our project team has
Process 3
extensive,relevant experience in completing projects in �� c3
Orange and Los Angeles County and within numerous Po 41_g •
/
cities in Southern California.Our team will hit the 41:*
ground running,delivering on schedule and within sanriltar
budget. �bconsultants
Communication:Our project manager has an excellent
track record communicating with clients,subconsultants,staff,and stakeholders.Frequent communication
and tracking of project progress is integral to his approach to every project.
Familiar Subconsultants:Subconsultants selected for our Team are ones we frequently have worked with
earlier and have long standing relationships with.
Schedule Control:We have project management tools that forecast staff requirements and labor
allocations three months in advance.
Project Manager's Background and Experience
The basis of our management approach rests on APP's experience with public works projects such as street
rehabilitation,reconstruction,and widening and the quality of the key personnel assigned. The approach is
driven by our"hands-on" Project Manager,who will monitor the progress of not only APP,but the rest of
the project team members as well. The Project Manager assigned to this contract is Mr.Robert Merrell,P.E.
He will work directly with the assigned staff members to ensure that adequate resources are devoted to the
project and that assignments are being properly completed on schedule. All subconsultants are managed as
an extension of our staff,and will follow the same quality control procedures. APP is known for
responsiveness and pro-active approach to problem solving and creative methods of resolution in a cost-
effective,efficient manner.
Bob has participated in the City's On-Call program in the past and has completed many varied assignments
working directly for the City Engineer and staff.
For the City of Rancho Palos Verdes,the following major projects were completed by Bob Merrell:
• Miraleste Storm Drain Design and Inspection
• Construction Management for recent Residential Street Program
• Point Vicente Interpretive Center Expansion and Storm Drain
• Bronco Storm Drain and Construction Management
• San Ramon Storm Drain and Hillside Restoration
4, Page D.��-
ANDERSON•PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
• Residential Street Program(RPV)-50 Streets(Incl.Inspection)
Assisting Mr.Merrell in a Project Engineer role and as the Alternate Project Manager/Project Engineer will
be Mr.Joe Buckner,PE,PLS.
Mr.Buckner has over 20 years experience in civil engineering and holds a professional registration as a Civil
Engineer and as a Land Surveyor. The first 6 years of his experience dealt mainly with residential,
commercial,and industrial development projects for developers. The last 16 years of his experience have
been devoted to public works type projects such as: street rehabilitations,reconstruction,and widenings;
state highway and freeway interchanges;storm drain design;and legal descriptions,plats,and mapping.
Mr.Buckner has been a Principal/Project Manager for more than fifteen(15)years and has managed a
wide variety of public works projects for local Cities such as Anaheim,Orange,Oceanside,Laguna Beach,
and Moreno Valley. His resume can be found toward the end of this proposal.
Similar projects Mr.Buckner has managed while at APP include:
• Lincoln Avenue Street Rehabilitation Project,City of Orange
• Lincoln Avenue Street Median Beautification Project,City of Anaheim
• Sunshine Way Parkway Improvements,City of Anaheim
• Fire Mountain Roadway Improvements,City of Oceanside
References/Projects
Civil Design and Master Plan Development
APP is both experienced and technically current in the design,construction,rehabilitation,maintenance,
and funding of highways,roadways,storm drains,water and wastewater facilities and systems.In addition,
our staff is fully versed in the planning and modeling of wastewater facilities,hydrology and hydraulic
analysis and utility relocation.
Services
• Technical studies and feasibility studies for roadways and utility projects
• Hydrology and Hydraulic modeling and studies
• Master plans for sewer,drainage and roadways
• Capital Improvement Program management,permitting assistance and funding applications
• Consultant oversight
• Plans,specifications and estimate preparation for public works
- Roadways
- Water and Reclaimed Water
- Sewer trunklines,collectors,and mains
- Drainage facilities
- Traffic handling,signing,striping and signals
• Assistance with project advertisement for bid and support during construction
• Coordination with utilities,neighboring agencies,and regulatory agencies
Wage /w---
ANDERSON.PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Related Experience
City of Fountain Valley-15 Year Capital Sewer Program Orr ' v. .
Re-evaluated the Master Plan recommendations for the I .I: .f c -1"
Year 2 improvements,and designed the recommended
1
sewer rehabilitation projects. Projects included a total of 19 .''P "'! ' ril : ,.- --` .. 7:-
P J J
. .
v-11
segments,approximately 5,300 linear feet of sewer, k.,�:`,` ;, �,� Ii �-;7. �T..--� : ��'' -i.
scattered throughout the City's service area.Coordinated • .;' •Er �` =-f .
with the City's maintenance department to prioritizer'''.7'Ipamolowoor— -,' " .�.; ;�---.-_,� .4.7)
with
improvements,provided concept design,final design, plans, , ,,:':, _ ' _ -'-
specifications and estimates and bidding assistance.Also r't•"' 1• .,r ,! 1
completed a Master Plan Supplement to the 15 Year - -1.
program that included CCTV inspection,GIS updates,and a ;..:..�i.,+s..•rj.f.--.„7-,—. .. L
review of the City's rate structure.
City of Long Beach,Atlantic/PCH Intersection
Improvements
Preparation of construction documents for roadway, utility =
and parking lot improvements at this key arterial .- ._-
intersection, including the design of parking lot lighting, '� ,_ 7`
drainage improvements,and fencing. - ,
City of Long Beach Atlantic Avenue Rehabilitation # _-
Preparation of construction documents for roadway `�`
improvements for Atlantic Avenue from Roosevelt Road to 4011.7'4";':::'
52nd Street. Project included ADA and concrete roadway - .'' . :Tait .
improvements.
City of Long Beach,Spring Street Rehabilitation let4.
Provided engineering services for the rehabilitation of 3Illh -
.r
miles of Spring Street including a portion within Caltrans _a"''�'1 • .
jurisdiction. The project included pavement reconstruction ; . -�- , ' -=" -
J 's=.0r�` 1. -; ,,' ..
and rehabilitation, reconstruction of curb ramps to current - I : , , " -+
ADA criteria,cross-gutter and curb/gutter reconstruction, -77 /
and signing and striping. / -...—'
ANDERSON•PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
City of Long Beach,Infrastructure Master Plan ; .-.. •r a4.-7AA
Performed a detailed infrastructure master plan and Capital � 714v,....11,-",,,, � - ,--
;
Improvement Plan Study involving$25 million in drainage - 4 ;,
and sewer improvements. � . .� � +�•
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La Palma Avenue/Kraemer Boulevard Improvements, ;; - :AI ill 4i.
Anaheim ' ! , a .' r"
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APP staff prepared plans,specifications and cost estimates ili 0 - .a ..
for the widening of this key arterial intersection in the City ofli• Ili• tt • • • '- 'i 1
Anaheim. The project included the design of a raised, s---, • , ---' ,d * =
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landscaped median, parkway landscaping,traffic signals, ..=
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'"traffic control,a MSE wall and significant redesign of private - -4i
.�
property improvements. The approval process included
obtaining an easement and encroachment permist from the
County of Orange and Caltrans.
7I Page /--
ANDERSON•PENNA
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410 0
City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Construction Management and Inspection
APP's construction management and inspection team has worked throughout California,and includes
experienced program,project and construction managers,resident engineers,structures
representatives,office engineers,labor compliance specialists,public works and structural inspectors,
utility coordinators,and project and documents control support staff.We specialize in the successful
delivery and audit-proof reimbursement of local agency projects that utilize all types of funding.
Services
• Program Management of multiple capital projects from conception to completion
• Constructability/bidability plan review and peer review services
• Project and construction management
• Contract administration
• Public works,special/deputy,structures,OSHPD and LEED inspection
• Construction NPDES/SWPPP/WQCP monitoring and oversight
• Project and documents control
• Claims avoidance and resolution support
• Integration and management of federal,state and local funding contract and labor
• compliance provisions
Related Experience ---,
City of Newport Beach,Construction Management iiiammt,--,,--- .. y J't ',Y-'„.
Services for Jamboree Roadway and Bridge Widening at _ ---f..;
- i
SR-73 Construction Management �,....--'~
APP is the Construction Manager for this project to a ii. -Fu.
improve traffic flow on Jamboree Road from Bayview =.=_ _F
Way to MacArthur Blvd over SR-73.The improvements • 11, .
will provide for one additional through travel lane in each .q
direction resulting in 10 lanes total. N s
1.: . 1 \.
City of Torrance, Construction Support Services for Del
. f
yam:,..►.........i ., - ._
Amo Blvd. Extension,T-30,Phase 2 : .�--T ......-.....p..,-7,.....—„:,,- .
APP is providing project management,construction , r ' •
structural inspection and public works .j,::: `' • .,
management, P �+ ` I
inspection for a new 4-lane roadway and widening of an \. .. •. —.� - _ _ -
existing segment of Del Amo.This ARRA/RSTP/MTA -.
funded project includes a new bridge over the BNSF .r' ; - • .
...
Railway's mainlinetracks, MSE retainingwalls drainage ç
. :?' -
improvements,relocation of a railroad spur track, --• .--r�:.' ,. •• . ' ..,
reconstruction of affected off-site facilities and
substantial utility coordination.
Wage l-r
ANDERSON•PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
* _3
City of Fountain Valley,Year 2 Sanitary Sewer Capital / }
s
Improvement Project:Master Planning/Modeling, P'-- - k_ A Vis.~}
Design,and Construction Management -1r1 - - ,a: u �'
APP worked with the City on the planning,design,and ._ yip
construction management of the recommended Year 2 {" 1 '
jp . ,..k
CIP sewer improvements as identified in the City's 2007 _
Master Plan.Construction of 19 projects addressing more -. -... . _ h ,
than 5,300 linear feet of sewer improvements wasL ,/ 4. ;may_
completed in December 2011. '
City of Bellflower,Construction Management and - . ,; '
Inspection of West Branch Greenway Landscaping
APP provided project and construction management, • Is 4 - _
office engineering, labor compliance and inspection for
this ARRA funded civil and landscaping project that bisects r .- 1 `, ,-
the City diagonally starting at Lakewood Boulevard at the .�,K'i 444_
"
" r .
northwest following an abandoned railroad right of way
southeasterly to the SR-91. y� -
l
411111111111111
City of Carson,Construction Management Services for
Congresswoman Juanita Millender-McDonald °`
Community Center ' . ' it—, I- - —
APP provided project and construction management, _
inspection,and procurement assistance for this Roof, -
HVAC,Solar Panels,and Community Center Refurbishment '"'"
contract.A performance contract delivery method project,
-_- _-_--
this
�this involved design/build of certain project elements.The _ _ . ; 1
•
construction contract incorporated Agency,ARRA, and _ "Y // * r
� - J I
EECBG requirements.The Community Center remained ` - r _-f,'- , 1 ; :I
open and operational throughout construction. �'
9IPage
ANDERSON•PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Contact Information
Proposer: AndersonPenna Partners,Inc.
Project Manager: Robert Merrell,PE
Office Location: Newport Beach
Address: 20280 Acacia Street,Suite 100
Newport Beach,CA 92660
Phone: (949)428-1500
Fax: (949)258-5053
e-mail: bmerrell@andpen.com
The above named project manager will remain in place throughout the duration of this contract unless a
suitable replacement is approved by the City of Rancho Palos Verdes.
,
10IPage ..■"---
ANDERSON•PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Approach to Scope of Work
The following hypothetical Scope of Work is anticipated as typically applicable to the"On-Call Services"
assignments. The approach to the various types of projects will generally follow the approach described.
The orderly development of carrying out assignments for the City of Rancho Palos Verdes will follow a
chronology of tasks. The work will typically be carried out based on our experience on these types of
projects. The scope of work has been divided into several tasks,which are described below.
Task 1 Kick-off Meeting,Project Team Meetings
Task 2 Research Existing Data
Task 3 Utility Research
Task 4 Field Surveys
Task 5 Base Map
Task 6 Conceptual Plans(35%Submittal)
Task 7 Plans,Specifications,and Estimate(60%,90%and 100%)
Task 8 Construction Support
Task 1—Kick-off Meeting,Protect Team Meetings
Prior to commencing work on the project,we will schedule a project kick-off meeting with the City's
Project Manager. The purpose of the meeting will be to clearly define the lines of communication
between APP and the City,to introduce the key personnel on the APP Team,to assess the availability of
data from the City,and to clearly define the scope of work to be undertaken.
We also propose to meet with the City on a monthly basis,depending on the size and complexity of the
project,to coordinate the project design,determine work objectives,respond to any questions arising
throughout the design,review progress,discuss relevant issues,and to facilitate coordination between
the City and the APP team. Meeting minutes,indicating discussion items and resolution or action
required to resolve issues,will be prepared for each meeting.
Task 2—Research Existing Data
All pertinent data and information will be assembled and reviewed for consistency and completeness.
We will research and obtain from the City of all pertinent improvements such as street plans,storm
drain plans,signal plans,pavement delineation,and irrigation plans. We will also search at the City
and/or the County for horizontal and vertical control for the project limits.
Task 3-Utility Research
We will coordinate with the City of Rancho Palos Verdes and obtain a current utility contact list. We will
contact the various utility agencies to obtain copies of their facility plans and inquire as to upcoming
projects within the project limits that may need to be considered during the plan development. Letters will
be sent to the appropriate utility companies and a Utility Log will be started,documenting the
correspondence between APP and the various entities.
Task 4-Field Surveys
We will perform the necessary field surveys for the project. The field surveys will commence with the
establishment of horizontal and vertical control for the project. We typically propose to cross section
the existing streets at 50 foot intervals and at breaks in alignment,such as BC's,EC's and PRC's. The
cross-sectioning will cover the limits of proposed improvements and extend into private property to
111Page �-- �
ANDERSON•i'ENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
ensure adequate coverage for the design surveys.
The field surveys will also include topographic surveys whereby all surface utilities and objects of culture will
be located within the project limits.
Depending on the nature of the project,we will tie out existing monumentation or ties that will may be
destroyed during construction and file a corner record with the County Surveyor. Once construction is
nearing completion,we will reset destroyed monuments and/or ties and again file a post-construction
corner record.
Task 5-Base Map
This task involves the combination of collected information from Tasks 2 through 4 above. The base map
will typically be prepared and formatted for a plan scale of 1"=20'. The base map will contain all surface
features,existing subsurface utilities per as-built information received,street centerline,right-of-way lines,
parcel lines,addresses and assessor parcel numbers. The base map will serve as the basis of our design and
will be distributed to the project team.
Task 6-Conceptual Plans(35%Submittal)
Utilizing the base map and our understanding of the assignment,we will create the conceptual plans for
the project. The conceptual plans will show the necessary improvements. The plans will have enough
design information to convey the intent of design.
The conceptual plans will be submitted to the City for review. We anticipate this submittal will
culminate in the approval of the geometrics and kick-off of the final construction documents.
Task 7-Plans,Specifications,and Estimate(60%.90%and 100%1
The preparation of PS&E will commence immediately following the City's review and approval of the
35%Conceptual Plans. The PS&E will be comprised of many components and are typically as follows:
✓ Title Sheet
✓ Sections,Details
I Street Improvement Plans(Plan and Profile)
✓ Drainage Plans
I Landscape and Irrigation Plans
I Traffic Signal Plans
I Signing and Striping
I Traffic Control Plans
Title Sheet
The title sheet will identify the projects location with a vicinity map and limits on a location map. This
sheet will contain items such as the project title,general notes, basis of bearings, bench mark,reference
data,sheet index,disposition and construction notes,and a quantity estimate.
Sections,Detail Sheet
This sheet will contain typical sections for the project length, detailing cross sectional information not
shown on the street plans. The sections are intended to give the Contractor clear direction on how the
median improvements and street widening are to be constructed.
12IPagP /=r
ANDERSON•PENNA
• 0
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Street Plan&Profiles
Street plan and profiles will be prepared to a scale of 1"= 20' horizontal and 1"=2'vertical. The plan
view will display the existing conditions and improvements along with the proposed storm drain,median
or street widening work.
Drainage Plans
In many instances,drainage facilities are impacted by street modifications. We will make the necessary
modifications to the catch basins and connecting storm drain laterals as part of the street widening. We
will provide the necessary hydrology and hydraulic calculations for sizing the storm drain inlets.
Landscape and Irrigation Plans
Landscape and Irrigation plans will be prepared by a landscape architect.
Traffic Signal Plans
Traffic Signal plans will be prepared by a traffic consultant.
Signing and Striping Plans
Depending on the nature of the project, APP will prepare signing and striping plans. The plans will be
prepared to a scale of 1"=40'. The striping plans will show center lines,right-of-way lines,relevant existing
or proposed street improvements, left-turn pocket lengths, driveway locations, all existing, proposed and
removal signs,stripes, pavement markings,curb markings,and parking restrictions. Any work required to
transition the proposed stripes to join with existing stripes will be provided.
Traffic Control Plans
Traffic control plans are typically prepared, especially at intersections were large volumes of traffic are
present. Traffic control plans will be prepared at 1"=40'scale. The design, legend,and location of all work
area signs, barricades, and necessary additional traffic controls are designated and placed on the plan
sheets. In addition,general notes applying to construction traffic control and a plan legend will be placed
on the plan.
Specifications and Estimate
We will prepare the bid proposal and special provisions in accordance with the standard City format and the
latest edition of the Standard Specifications for Public Works Construction (Green Book) and the
appropriate standard drawings. Striping and Traffic Signal components will follow Caltrans Standard
Specifications.
A preliminary engineer's estimate will be prepared for comment by the City; a final estimate will be
prepared following plan approval.
Task 8-Construction Support
The APP team will provide support services to the City in connection with the construction of the
project. The support services for these types of projects are generally:
• Attend pre-bid meeting
• Answer bidders questions during the bid period
• Assist City in reviewing bids and award
13IPage �:
ANDERSON I'ENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
a Attend pre-construction meeting
■ Shop drawing reviews
• Respond to RFI's/RFC's during construction
• Assist City with Change Orders
• Prepare"as-built"drawings
14IPagP /--
ANDERSON•PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Resumes
Robert Merrell, PE Extensive background in project design and construction management
Project Manager developed over 25 years working in public works engineering. Specific
areas of expertise include freeway improvements,railroad grade
Project Experience separations,storm drain facilities,regional channel improvements,
• City of Rancho Palos large dams,major arterial and collector street widenings and bridge
Verdes projects.
• City of Anaheim REPRESENTATIVE PROJECTS
• City of Oceanside Via Canada Storm Drain,City of Rancho Palos Verdes. The '
roect
• City of Orange p �
was necessary to eliminate a flooding problem that resulted from an
Education inefficient inlet condition into a Los Angeles County storm drain that
BS/1974/Civil Engineering/ resulted in recurring flooding onto a residential property. Following a
California State University, study period,contract documents were prepared. Directed the
Long Beach preparation of construction documents and completed the
construction administration and inspection for the project.
Registrations
1976/PE/CA#28100 +Miraleste Plaza ADA Ramps,City of Rancho Palos Verdes. This was a
CDBG project under a short time frame. Plans and Specifications were
Years of Experience completed as well as the construction administration and inspection
Entered the profession in for the project.
1973 Miraleste Plaza Storm Drain,City of Rancho Palos Verdes. This
project included the design and plan preparation to replace the entire
undersized and deteriorating storm drain network within the Miraleste Plaza. The storm drain was
extended into an existing canyon with an improved outlet structure.
Palos Verdes Drive East Storm Drain Improvements,City of Rancho Palos Verdes. Project involved
design and preparation of plans,specifications and estimates for the installation of drainage
improvements along Palos Verdes Drive East from Bronco to southeast of Headland Drive. Steep terrain
was a constraint for the outlet into a natural drainage course. Directed the preparation of construction
documents and completed the construction administration and inspection for the project.
Fire Mountain Roadway Improvements,City of Oceanside. The project consisted of design and
preparation of improvement plans,specifications and estimates for the widening and drainage
improvements to Fire Mountain Roadway at Laura!Road. Responsible for managing and design
oversight of the street improvement plans,prepared specifications and estimates as well as construction
assistance to the City.
Platinum Triangle Master Land Use Plan,Sewer and Drainage Studies,City of Anaheim. Prior to
approving the Platinum Triangle Master Land Use Plan(PTMLUP),the Department of Public Works
needed to study the affects to major and local sanitary sewer and storm drainage facilities. The firm
was contracted to study both of these facility systems. The project consisted of researching existing
data regarding current sewer and storm drain master plans,facilities and requirements. Updating and
modeling the sewer and storm drain facilities for the area were completed to determine the areas of
local benefits for individual facilities. Finally,mitigations were developed for future developments
15IPaP ="---
ANDERSON•PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
concerning identified sewer and storm drain deficiencies. Responsible for the drainage study portion of
the project.
Downtown Parkway Enhancement Project,City of Oceanside. The project consisted of implementing
another phase of the downtown parkway renovations. The existing parkways were generally 12 feet in
width and most were made up of a varied hardscape from concrete to dirt to asphalt concrete. The
improvements consisted of decorative brick inlays with tree wells. Palm trees were the primary tree
planted within the wells. In conjunction with the parkway improvements,curb and gutter as well as drive
approaches were reconstructed to extent necessary to complete the enhancement.
The City Drive Widening,City of Orange. The project consisted of design and preparation of plans
specifications and estimates for the widening of The City Drive from the Garden Grove(22)Freeway to
Chapman Avenue in conjunction with the development of The Block at Orange. One lane was added to
each side of the existing roadway and raised medians were added along the centerline. Responsible for
managing staff,coordinating subconsultants and the preparation of construction documents. Plans
included plan and profile,construction details,drainage details,typical sections,and cross sections.
Glassell Street and Walnut Avenue Storm Drain,City of Orange. The project consisted of design and
preparation of improvement plans,specifications and estimates for approximately 2,800 feet of storm
drain conduit with many laterals and inlets. Responsible for managing the hydrologic and hydraulic
analysis,design and plan preparation and the coordination of subconsultants.
Virginia Park Storm Drain Improvements,City of Laguna Beach. The project consisted of design and
preparation of plans,specifications and estimates for the installation of over 1,000 feet of storm drain in
very steep terrain. Besides the terrain,other constraints for the project were the close proximity to
many utilities and an alignment through private property. Completed the hydrology/hydraulic study,
managed the preparation of storm drain improvement plans and conducted the construction
management and inspection for the project.
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ANDERSON•['ENNA
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LiCity of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
Joe R. Buckner, PE, Twenty years'experience in planning and design of streets,
PLS highways,freeways,and arterial streets,right-of-way engineering,
grading,sewer,water and storm drains.
Project Engineer
REPRESENTATIVE PROJECTS
Project Experience Lincoln Avenue Street Rehabilitation,City of Orange. Responsible
• City of Irvine for the management and preparation of rehabilitation plans and
• City of Buena Park striping plans. The project consisted of substantial"digouts",AC
• City of Yorba Linda leveling course and 2"ARHM overlay. The plans consisted of title
• City of Orange sheet,typical sections,rehabilitation plans,striping plans,and curb
• City of Anaheim ramp details for ADA compliance. Coordination with the City,
• City of Tustin County,and Metrolink was involved.
• City of Santa Ana
• City of San Buenaventura Lincoln Avenue Median Beautification Project,City of Anaheim.
• Ci of Santa Clarita Responsible for the management and design of conceptual design
and final construction documents. The project consisted of
• City of Oceanside approximately 4.0 miles of roadway where median modifications
• City of Agoura Hills and planting were implemented per the City's Master Plan for the
Education corridor. New median openings were designed at key locations
BS/1986/Civil Engineering/ while existing openings were closed where traffic movements were
California State University, minimal. Conceptual plans were prepared in conformance with the
Fullerton master plan and processed through the City for approval prior to
Re istrations the construction document phase. Plans included typical sections,
g plan and profiles,signing and striping,signal modifications,traffic
1989/PE/CA#45531 control,irrigation,planting,specifications and estimates.
1995/PLS/CA#7206 p g p
Years of Experience Sunshine Way Parkway Improvements,City of Anaheim.
Entered theprofession in 1986 Responsible for the design of conceptual design and final
construction documents. The project consisted of providing a
pedestrian walkway along the street as well as design an
aesthetically pleasing landscape palette. The project consisted of street plan and profile,typical
sections,planting and irrigation plans and grading details.
Fire Mountain Roadway Improvements,City of Oceanside. The project consisted of design and
preparation of improvement plans,specifications and estimates for the widening and drainage
improvements to Fire Mountain Roadway at Laural Road. Responsible for design of the street
improvement and striping plans.
25th Street(Palos Verdes Drive South)Street Rehabilitation,City of Rancho Palos Verdes. Responsible
for the preparation of rehabilitation plans and drainage improvements. The project consisted of placing
a variable AC overlay to smooth out the street cross section,provisions for a pedestrian access way
along the road,and the upgrading of the existing drainage systems. The plans consisted of street plan
and profile,typical sections,storm drain plans,specifications and estimate.
Three Arch Bay Street Reconstruction,City of Laguna Beach. Responsible for the management of field
surveys,street plan and profile,specifications,and estimates. The project consisted of reconstructing
the existing streets within the Three Arch Bay Community(TAB). The TAB Community consists of
approximately 500 residences within the City of Laguna Beach. The project provided for new curb and
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
gutters,and improved rolled curb and gutter system,the placement of new cross gutters at key
locations to better direct runoff,and the upgrading of existing drainage systems.
Lot Line Adjustments,City of Anaheim. As part of the 1-5 widening through the city of Anaheim,several
remnant parcels were deeded to OCTA and later to the City of Anaheim. Each parcel on its own was not
a buildable site. Lot Line Adjustments were prepared consolidating lots into one buildable site that were
to be sold. Responsible for the review of record data and title reports,preparation of the plats and legal
descriptions.
Harbor Boulevard/Katella Avenue Intersection Enhancements,City of Anaheim. Responsible for the
preparation of construction documents. The project consisted of modifications to the northwest and
northeast quadrants of the intersection to implement Master Plan landscaping enhancements. Plans
included typical sections,plan and profiles,signing and striping,signal modifications,traffic control,
irrigation,planting,specifications and estimates.
Beach Boulevard/Orangethorpe Avenue Intersection Improvements,City of Buena Park. Responsible
for the preparation of construction documents for this project. The intersection improvements include
the addition of a left turn lane in all directions and designated right turn lanes in each direction on Beach
Boulevard. The City added the rehabilitation of Orangethorpe from Western to Stanton as part of the
project as well as median landscape enhancements along Orangethorpe west of Beach. Plans included
typical sections,plan and profiles,construction details,drainage details,pavement delineation,and
cross sections.
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
AndersonPenna Partners,Inc.
July 1,2014-June 30,2015 Standard Billing Rate Schedule for Palos Verdes
Engineering Services Municipal Services
Staff Hourly Rate' Staff Hourly
Rater
Principal $180 Principal $230
Project Manager $160 Project Executive $195
Quality Assurance Manager $150 Program/Project Manager $160-$185
Senior Engineer $140 Assistant Project Manager $105-$145
Project Engineer $130 Plan Check Engineer $85-$135
Traffic Engineer $125 Planner $95-$110
Associate Engineer $115 _ Public Works Technician* $110
Designer* $110 Code Enforcement Consultant $125
CADD Drafter* $85 Code Enforcement Officer* $60-$75
Administration* $75 Permit Technician* $65
Funding Services Railroad Safety Services
Staff Hourly Rates Staff Hourly
Rate'
Project Manager $160 Principal $180
-
Assessment Engineer $160 Quality Assurance Specialist $165
Analyst* $110-$125 Structural/Track Engineer $135
Administration $75 Engineering Technician* $85
*Subject to Overtime and Doubletime Inspector* $65-$75
Construction Services
Regular Time Overtime
Staff Ratel Mon—Fri2 Saturday3 Sunday/Holiday
Principal $160 n.a. n.a. n.a.
Construction Manager $145-$160 n.a. n.a. n.a.
Resident Engineer $185 n.a. n.a. n.a.
Structures Representative $135-$185 n.a. n.a. n.a.
Construction Supervisor $135 n.a. n.a. n.a.
Office Engineer $85-$135 n.a. n.a. n.a.
Labor Compliance $90 n.a. n.a. n.a.
Document Control $90 n.a. n.a. n.a.
Public Works Technician $110 $165 $165 $198
Administration $75 $113 $113 $135
Public Works inspector(Prevailing Wage) $98 $147 $147 $176
Public Works Inspector(Non-Prevailing Wage) $92 $138 $138 $166
Building Inspector(Non-Prevailing Wage) $85 $128 $128 $153
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ANDERSON•PENNA
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City of Rancho Palos Verdes
Statement of Qualifications On-Call Engineering Services
1 The above hourly rates include wages, fringe and general & administrative overhead and fee,
as well as typical supplies, tools and equipment required to perform services. A 4 hour
minimum callout applies.
2 Rate applies to the first four hours of overtime during the week;all overtime in excess of four
hours is paid at the Sunday/Holiday rate.
3 Rate applies to the first 12 hours worked.All other time is paid at the Sunday rate.
Other Direct Costs: Reimbursement of identifiable non-salary costs that are directly attributable to the
project such as oversized and/or color reproduction costs, site facility hard phone line and/or internet
service charges,non-commuter project miles and/or other travel expenses to remote fabrication yards/
batch plants,overnight postage/couriers,etc.,are billed at actual cost plus 5 percent to cover overhead
and administration. Travel charges to a casting/fabrication yard or batch plant will include the hourly
billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Non-commuting
mileage required for travel on the project and to and from locations other than the project site are billed
at the allowable IRS mileage reimbursement rate(currently$0.56 per mile).
Fees for expert witness services:Charged at$300.00 per hour with a 4-hour minimum per day.
Fees for subconsultant services: Billed at actual cost plus 10 percent to cover overhead and
administration.
Payment Terms: A late payment finance charge at a rate of 12 percent per annum will be applied to any
unpaid balance commencing 60 days after the date of original invoice. Should the Contract duration be
extended beyond the term noted above, rates will be subject to annual and/or periodic revisions as
necessary to accommodate inflationary trends,salary adjustments and the general costs of business, as
mutually agreeable to the parties and approved via Contract amendment prior to implementing higher
rates.
Exclusions to Scope&Fee: The following items are specifically excluded:
• Legal advice
• Temporary field office facilities,equipment,furniture,utilities and/or services
• Building Code Inspection,Soils and/or materials deputy inspection and/or testing
• Specialized Software(other than MS Office Suite)&MS Project
• Additional services not specifically called for in the proposal
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4110
Exhibit "C"
Terms for Compliance with California's Labor Law Requirements
1. CONSULTANT acknowledges that the project as defined in this Agreement
between Contractor and the CITY,to which this Terms for Compliance with California Labor
Law Requirements is attached and incorporated by reference, is a"public work"as defined
in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor
Code ("Chapter 1"). Further, CONSULTANT acknowledges that this Agreement is subject
to(a)Chapter 1, including without limitation Labor Code Section 1771 and (b)the rules and
regulations established by the Director of Industrial Relations ("DIR") implementing such
statutes. CONSULTANT shall perform all work on the project as a public work.
CONSULTANT shall comply with and be bound by all the terms, rules and regulations
described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in
certain contracts. The inclusion of such specific provisions below, whether or not required
by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per
diem wages for each craft, classification, or type of worker needed to perform the
Agreement are on file at City Hall and will be made available to any interested party on
request. CONSULTANT acknowledges receipt of a copy of the DIR determination of such
prevailing rate of per diem wages,and CONSULTANT shall post such rates at each job site
covered by this Agreement.
4. CONSULTANT shall comply with and be bound by the provisions of Labor
Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to
workers and the penalties for failure to pay prevailing wages. CONSULTANT shall, as a
penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion
thereof,for each worker paid less than the prevailing rates as determined by the DIR for the
work or craft in which the worker is employed for any public work done pursuant to this
Agreement by CONSULTANT or by any subcontractor.
5. CONSULTANT shall comply with and be bound by the provisions of Labor
Code Section 1776, which requires CONSULTANT and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the CITY of the location of the records.
6. CONSULTANT shall comply with and be bound by the provisions of Labor
Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8,
section 200 et seq. concerning the employment of apprentices on public works projects.
CONSULTANT shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
CONSULTANT shall provide CITY with a copy of the information submitted to any
applicable apprenticeship program. Within sixty(60)days after concluding work pursuant to
R6876-0001\1726250v.2 Agreement for On-Call Design Professional/Technical Services
Exhibit"C"
this Agreement, CONSULTANT and each of its subcontractors shall submit to the CITY a
verified statement of the journeyman and apprentice hours performed under this
Agreement.
7. CONSULTANT acknowledges that eight (8) hours labor constitutes a legal
day's work. CONSULTANT shall comply with and be bound by Labor Code Section 1810.
CONSULTANT shall comply with and be bound by the provisions of Labor Code Section
1813 concerning penalties for workers who work excess hours. CONSULTANT shall,as a
penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the
performance of this Agreement by CONSULTANT or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than eight(8)
hours in any one(1)calendar day and forty(40)hours in any one calendar week in violation
of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to
Labor Code section 1815, work performed by employees of CONSULTANT in excess of 8
hours per day,and 40 hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than 1/2 times
the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every employer
will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861,CONSULTANT hereby certifies
as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
9. For every subcontractor who will perform work on the project,CONSULTANT
shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and CONSULTANT shall include in the written contract between it
and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. CONSULTANT shall be
required to take all actions necessary to enforce such contractual provisions and ensure
subcontractor's compliance, including without limitation, conducting a periodic review of the
certified payroll records of the subcontractor and upon becoming aware of the failure of the
subcontractor to pay his or her workers the specified prevailing rate of wages.
CONSULTANT shall diligently take corrective action to halt or rectify any failure.
10. To the maximum extent permitted by law, CONSULTANT shall indemnify,
hold harmless and defend (at CONSULTANT's expense with counsel reasonably
acceptable to the CITY)the CITY, its officials,officers,employees,agents and independent
contractors serving in the role of CITY officials, and volunteers from and against any
demand or claim for damages, compensation,fines, penalties or other amounts arising out
of or incidental to any acts or omissions listed above by any person or entity (including
CONSULTANT, its subcontractors, and each of their officials, officers, employees and
R6876-0001\1726250v.2 Agreement for On-Call Design Professional/Technical Services
Exhibit"C"
. .
• 410
agents) in connection with any work undertaken or in connection with the Agreement,
including without limitation the payment of all consequential damages, attorneys'fees, and
other related costs and expenses. All duties of CONSULTANT under this Section shall
survive termination of the Agreement.
R6876-0001\1726250v.2 Agreement for On-Call Design Professional/Technical Services
Exhibit"C"