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Charles Abbott Associates Inc (On-call) CITY OF RANCHO PALOS VERDES ON-CALL PROFESSIONAL/TECHNICAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 18th day of August, 2015, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and Charles Abbott Associates, Inc., a California corporation (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 public works engineering and civil engineering design services. 1.2 Description of Services CONSULTANT shall provide such on-call civil engineering and support services as may be requested by CITY. CONSULTANT acknowledges that this Agreement is for on-call services, and there is no certainty that CONSULTANT will be asked to perform any services pursuant to this Agreement. CONSULTANT's Statement of Qualifications 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. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from CITY, CONSULTANT shall perform with due diligence the services requested by 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. 1.4 Term of Agreement This Agreement shall commence on August 18, 2015 and shall terminate on June 30, 2021 unless sooner terminated pursuant to Article 4 of this Agreement. R6876-0001\1857614v2.doc ARTICLE 2 COMPENSATION 2.1 Rates; Expense Reimbursement 2.1.1 CITY agrees to compensate CONSULTANT in accordance with CONSULTANT's Schedule of Hourly Rates, which is within Exhibit A and shall meet or exceed prevailing wage rates, and in any case an amount not to exceed 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 A shall be in effect through the end of the term of this Agreement. 2.1.2 CITY will not reimburse CONSULTANT for costs and expenses unless such costs and expenses are previously approved by CITY. 2.2 Payment 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 the default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnity 3.1.1 Indemnity for Design Professional Services. To the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, protect, indemnify, and hold harmless CITY and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively"Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney's fees and costs of defense (collectively "Liabilities"), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful Page 2 of 12 Agreement for On-Call Professional/Technical Services R6876-0001\1857614v2.doc misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code Section 2782.8(c)(2). 3.1.2 Other Indemnities. (a) Other than in the performance of design professional services, and to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of CONSULTANT, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. CONSULTANT shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. (b) CONSULTANT shall pay all required taxes on amounts paid to CONSULTANT under this Agreement, and indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and CONSULTANT's employees. CONSULTANT shall indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. CITY may offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this subparagraph (b). (c) CONSULTANT shall obtain executed indemnity agreements with provisions identical to those in this Section 3.1 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. If CONSULTANT fails to obtain such indemnities, CONSULTANT shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged Page 3 of 12 Agreement for On-Call Professional/Technical Services R6876-0001\1857614v2.doc or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of CONSULTANT's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that CONSULTANT's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 3.1.3 Workers' Compensation Acts not Limiting. CONSULTANT's obligations under this Article 3, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. 3.1.4 Insurance Requirements not Limiting. CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Article 3 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against CITY. 3.1.5 Survival of Terms. The indemnification in this Article 3 shall survive the expiration or termination of this Agreement. 3.2 Insurance 3.2.1 General Liability Insurance 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. The 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. 3.2.2 Professional Liability Insurance 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. The 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 Page 4 of 12 Agreement for On-Call Professional/Technical Services R6876-0001\1857614v2.doc 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 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 CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.2.3 Automobile Liability Insurance 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. The 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. 3.2.4 Worker's Compensation Insurance CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.2.5 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, or ten (10) days notice if cancellation is due to nonpayment of premium. CONSULTANT shall provide immediate notice to 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 insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. 3.2.6 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 policies are in effect in the required amounts. The commercial general Page 5 of 12 Agreement for On-Call Professional/Technical Services R6876-0001\1857614v2.doc liability policy shall contain endorsements naming CITY, its officers, agents and employees as additional insureds. 3.2.7 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 CITY upon ten (10) 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) CONSULTANT shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. 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 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 CITY without restriction or limitation upon its use, duplication or dissemination by 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 CITY without restriction or limitation upon their use, duplication or dissemination by CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. Page 6 of 12 Agreement for On-Call Professional/Technical Services R6876-0001\1857614v2.doc CONSULTANT hereby assigns to CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in 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 CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold 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 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 CITY all Written Products and other deliverables related to the Project without additional cost or expense to CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with the document both in a printed format and in an electronic format that is acceptable to CITY. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 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 Page 7 of 12 Agreement for On-Call Professional/Technical Services R6876-0001\1857614v2.doc Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 Audit The CITY or its representative shall have the option of inspecting, auditing or inspecting and auditing all records and other written materials used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT. CONSULTANT will promptly furnish documents requested by CITY. Additionally, CONSULTANT shall be subject to State Auditor examination and audit at the request of CITY or as part of any audit of 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 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. Page 8 of 12 Agreement for On-Call Professional/Technical Services R6876-000111857614v2.doc 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 CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless, defend and indemnify 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 CITY provided CONSULTANT notifies CITY in advance. 6.9 Independent Contractor CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither 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 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 CITY or otherwise act on behalf of CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or Page 9 of 12 Agreement for On-Call Professional/Technical Services R6876-0001\1857614v2.doc 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 CITY harmless from any and all taxes, assessments, penalties, and interest asserted against 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 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 CITY from CONSULTANT as a result of its failure to promptly pay to 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 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 CITY of any payment to CONSULTANT constitute or be construed as a waiver by 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 CITY shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default. Page 10 of 12 Agreement for On-Call Professional/Technical Services R6876-0001\1857614v2.doc 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 notice, payment or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during 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 Boulevard Rancho Palos Verdes, CA 90275 To CONSULTANT: Responsible Person: Rusty R. Reed, PE President Charles Abbott Associates, Inc. 27401 Los Altos #220 Mission Viejo, CA 92691 Page 11 of 12 Agreement for On-Call Professional/Technical Services R6876-0001\1857614v2.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: Charles Abbott Associates, Inc., a California Corporation ("CONSULTANT") By: AP. Printed Name: Title: -s. .e.4 Y• B : ‹.- 1,i-dW &Jett' Printed Name: L*+ Title: Ve 4air Dated: The74 CITY OF RANCHO PALOS VERDES ("CITY") By: a •r rp ATTEST: APPROVED AS TO FORM: /, By: / ��_ = / By: City Clerk City Attorney Page 12 of 12 Agreement for On-Call Professional/Technical Services R6876-000111857614v2.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .0 , , ,— w wC C , , , C w , wi.wC , w , w,i;, , CSC w=i-\ ,:-.w ,, 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 Q eNcac. a. ) W i On .1-k before me, v ��N\ çU\ Date , Here I. rt am and Title of th- Offi,er ?\AD-V C- 1 personally appeared ` CCb P Y PP4V ( Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Aare subscribed to the within instrument and acknowledged to me that per/),she/they executed the s me in isilf/their authorized capacity(ies),and that by,/ f/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. .,: .. , SHERRY HALSEY WITNESS my hand and official seal. '` \. Commission # 2044791 Tit; f1;, K Notary Public -California z --�-- z�' '`' Orange County Signature ',` _ '�r ----- 3 My Comm:plrepgrw e sivNi4.(.;iv.- piolji Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, - � Ro\y �SPS-.Description of Attached Document G or Title or Type of Document: c&\ S Q Document Date: *" k )c 1 Number of Pages: ) Signer(s) Other Than Named Above: iP fL-- Capacity(ies) Claimed by Si ner(s) ( Signer's Name: SCJ. _ Signer's Name: Jr; __A'LL:Pici- , ❑ Corporate Officer — Titl : - t ❑ Corporate Officer — Title(s): C r c ❑ Partner — ❑ Limited ❑ General El Partner — ❑ Limited ❑ General El Individual ❑Attorney in Fact El Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator El Other: ❑ Other: Signer Is Representing: Signer Is Representing: (i ice✓4�,;4S�:`�:S✓:St ,:S�:S�:S�4`✓ ✓:S�:�✓AS� �41:4S�4�✓_ ,,��:S✓4��1.‘S�4��4� 1',4 4S�4S�4S�41:4��4S�%��i 4S'YA`�4S,:4S�4S�41,,4S�4S�4�� ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Exhibit A Consultant's Statement of Qualifications, including Schedule of Hourly Rates Exhibit A R6876-0001\1857614v2.doc Charles Abbott Associates, Inc. _, -, ,a ,,..,:. _::: j;"11V. 'fi I - „. (Ilk jikIC it, ,. - 4 z\\� tet` , 4:14:: ‘':\ 4 i , - , , 1.,:t ,, , ,, M,. ,. / ,.. ,„ ,, ,, ,, . i .k, F. ; t7' '''''''' ,it , , Ai 1,41,.: "Helping public agencies provide effective and efficient municipal services to improve communities since 1984" Statement of Qualifications for RECEIVED Public Works/Engineering Services City of Rancho Palos Verdes JUN 1 5 2015 Prepared for PUBLIC WORKS DEPARTMENT City of Rancho Palos Verdes Public Works Department Mr. Ron Dragoo, Principal Engineer City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 By: Charles Abbott Associates, Inc. 27401 Los Altos#220 Mission Viejo, CA 92691 Toll Free:(866) 530-4980 www.caaprofessionals.com LETTER OF INTRODUCTION June 15, 2015 Subject: Statement of Qualifications for Public Works/Engineering Services Charles Abbott Associates, Inc. (CAA) is pleased to submit the enclosed Statement of Qualifications for Public Works/Engineering Services to the City of Rancho Palos Verdes (City). We appreciate the opportunity to be considered for continued placement on the City's approved on-call list for our services, and look forward to continuing to provide our services to the City. Since 1984, CAA has been providing a growing number of cities with outstanding municipal services. Over the years, our vast knowledge, experience, and proven ability to satisfy the needs of cities and counties of all sizes has earned us the reputation of being one of the most qualified firms in the industry. CAA is exceptionally qualified to provide Public Works and Engineering Services to the City. Our team is comprised of highly trained professionals who are able to balance regulatory requirements, cost effectiveness, political considerations, and practicality when advising our clients. Due to our depth of professional knowledge and our 30 years of industry experience, we feel we are superior to any other consultant providing these services in Southern California. CAA looks for creative solutions for our clients' needs, and we are committed to assuring cost effectiveness without sacrificing quality. CAA maintains well qualified and educated personnel. The staff regularly attends training courses, seminars, and conferences to ensure they are up-to-date on the most relevant issues in the industry. We pledge the full resources and backing of our firm to assure that the City has the most efficient and cost effective Public Works and Engineering Services strategy available. We stand by our commitment to unparalleled professionalism and service, as evidenced by the average length of service with our clients of over 16 years. Thank you in advance for your consideration. Sincerely, a:24111—a? ‘;;;; ', CHARLES ABBOTT ASSOCIATES, INC. Rusty R. Reed, PE President 27401 Los Altos # 220 Mission Viejo, CA 92691 (949) 279-4124 CAAprofessional services 2 GENERAL INFORMATION CAA will provide most services for this project directly from our corporate headquarter located in the City of Mission Viejo. This close proximity will allow CAA staff to immediately address or resolve concerns and gives CAA the unique advantage to provide additional staff without delay if workload at the City increases. Official name and address: Charles Abbott Associates, Inc. 27401 Los Altos, #220 Mission Viejo, CA 92691 Primary point of contact: Dirk Lovett 27401 Los Altos, #220 Mission Viejo, CA 92691 Tel: 805-432-8486 dirklovett@caaprofessionals.com Entity type: Corporation Years in Business: 30 Company Size: 157 Company locations: CALIFORNIA—COMPANY HEADQUARTER 27401 Los Altos, #220 Mission Viejo, CA 92691 Tel: (949) 367-2850 Fax: (949) 367-2852 FLORIDA GEORGIA 3001 North Rocky Point Drive East, #200 Two Ravinia, #500 Tampa, FL 33607 Atlanta, GA 30346 Tel: (866) 530-4980 Tel: (866) 530-4980 Fax: (949) 367-2852 Fax: (949) 367-2852 COLORADO NEVADA 10955 Westmoor Dr, 4th Floor 8537 Stone Harbor Westminster, CO 80021 Las Vegas, NV 89145 Tel: (866) 530-4980 Tel: (866) 530-4980 Fax: (949) 367-2852 Fax: (949) 367-2852 ARIZONA TEXAS 60 E Rio Salado Parkway, #900 9595 Six Pines, Bldg. 8, Level 2, #8210 Tempe, AZ 85281 The Woodlands, TX 77380 Tel: (866) 530-4980 Tel: (866) 530-4980 Fax: (949) 367-2852 Fax: (949) 367-2852 CAAprofessional services 3 Since our incorporation in 1984, CAA has grown to a full-time staff of over 150 employees. CAA has a record of very low staff turnover, which has proven highly beneficial to our clients. CAA employs a fully credentialed, cross-trained staff that effectively meets our engineering and building and safety commitments to our clients. Each one of our team members has worked on similar projects and served the public sector for many years. CAA's proposed staff has many years of experience analyzing and reviewing plans and related submittal documents for compliance with state and local codes and amendments. Our team of highly qualified engineers and plan review staff are well trained, experienced and familiar with the adopted codes. The general make up of our staff includes the following: Principals 2 Civil/Structural Engineers 23 Engineering Associates 14 Building& Safety 89 Environmental & Planning 7 Technicians 13 Administrative 9 TOTAL 157 CAA prides itself on being a "team player" in each municipal service engagement. We train our staff to recognize that citizens of the community, City staff and other consultants are our customers and, as such, deserve our best efforts to respond, assist, support, and work hand-in-hand. Our team members will also learn and keep up to date on City policies and procedures as we continue our engagement. CAA expects and demands that the staff we assign to the City quickly becomes a productive part of the City's team. We assure you that if we make an assignment and our staff member is not compatible (personality, personal behavior, etc.) with City staff we will, with your knowledge and approval, substitute another CAA staff member who can integrate seamlessly into your team. CAA professional services 4 STAFFING & TECHNOLOGY CAA's fully credentialed and cross-trained staff can quickly fill any open positions in projects of all sizes. With a full-time staff "Our people are, by far, of over 150 employees and offices in California, Georgia, our greatest asset. CAA Nevada, Colorado, Arizona, Texas, South Carolina and Florida makes extra effort to as well as numerous regional offices, we are able to give each take care of its one of our projects our immediate attention, outstanding employees, so that they service, and support customized to the requirements of our may in turn take extra constituents. good care of our clients." Diana Snodgrass. CAA's clients benefit from the company's track record of CFO/Director of Administration maintaining the lowest employee turnover in the industry. Our clients enjoy maximized productivity and excellent working relations built from interacting with the same personnel who is already tuned in to their needs. CAA's team of qualified professionals includes registered engineers, scientists, building officials, certified inspectors, project managers, experts, support personnel and technicians of varied disciplines. Every member of our team has experience working in and with the public sector and has a deep understanding of methods and systems that work for any particular task. We pride ourselves in becoming a truly integrated part of your team, ready and productive from day one of our engagement. Our employees take on regular staff functions and take a personal interest in representing the City in a professional and courteous manner in all their business dealings. Citizens, contractors, and other stakeholders will see our personnel as a seamless extension of your City staff. We also promise to be available on site and improve the transparency and reporting of what is happening in the field. Our role is to provide accurate communications to Council and managers, respond to citizen inquiries, and meet our commitments for service delivery. We are devoted to keeping our certified and licensed staff up-to-date on the latest practice, techniques and skills in their areas of specialization. Our approach to training is on going and not just occasional, guaranteeing work that is in full compliance to current standards. In addition, because our people are well trained, they face virtually no learning curve and are able to get to work immediately. CAA continuously innovates to deliver services of the highest quality. Our team of superbly qualified professionals is supported by the best technology and the latest versions in computer software programs. We utilize a state-of-the-art virtual system of communication that links real people in real time, a sophisticated database management and tracking system, an electronic plan review process for expediting plan checks, and a lot more. CAA professional services 5 SERVICES CAA has the skills and experience to provide services in the following categories: Building at Safety •Administration •Code Adoption Services • Plan Review • Management Analysis Studies , • Electronic Plan Review Records Management •Budding Inspection Transition Services • Online Permitting Code Enforcement Engineering •City Engineering •Capital Improvement •Development Review •Plan & Map Check 211. •Traffic Engineering • Public Works Maintenance • Design Fire Prevention Administration • Review Approval. Implementation of • Plan Review standards • Electronic Plan Review • Implementation of Fire • Fire Inspections Code requirements • Testing of Special Systems • Code Adoption & • Fire Permitting&Tracking Interpretation Environmental • NPDES Programs •Grant Writing &Administration Integrated Waste Management Act Implementation • Used Oil Recycling Training & Development CAAprofessional services 6 WORK APPROACH Proven Capabilities in the Public Sector CAA's approach to providing unsurpassed quality of service is by providing experienced, highly qualified staff with proven capabilities in working with the public sector. To start with, we make certain that the client and CAA have a complete understanding of the project requirements so we may apply innovative methods, systems and solutions in performing the job. Mission Support Building good relationships with the people we work with is crucial for CAA. We work diligently to establish good working relationships with city councils, contractors, citizens, and the community at large. Because we focus on helping our clients achieve their mission and not just meeting our contractual requirements, we work to seamlessly integrate as part of your team, not just as outside contractors. Quality Control Close interaction and sensitivity to our clients' needs is also one of the keys to our success. We step up quality control by maintaining direct lines of communication between the City Manager and the Principal of our firm to regularly evaluate our performance and ensure that services are delivered timely, within budget, and meet our high standards. In the end, we make sure that our clients reap the benefits of increased productivity, cost savings, and unmatched quality of service from our expertise, resources, constant consideration of innovative solutions, as well as our experience in building excellent working r relations. Provide complete Blend with the client's project coordination for staff to ensure no quick response disruptions II- II Match CAA's Quality of Service Provide expertise and Increased Productivity turnaround technical times equal to capabilities Cost Savings or less than with client's status quo needs .}l .} [ i Provide responsible and P Provide accelerated full complete record plan review, if keeping ensuring timely requested,within 48 response,budget, hours compliance and quality 2 CAA professional services 7 Commitment to Safety CAA considers health and safety an integral factor in enhancing the company's performance. By focusing on safety, we avoid unforeseen work disruptions and costs. Our commitment to safety starts with the President and CEO of the company and is passed down to each and every one of our staff down the line. We promote proper attitude and mind set, making effective health and safety management a part of our firm's drive to running a successful business. Our strategy is based on promoting a proactive health and safety culture with well- defined lines of communication to assess and learn from experiences. We implement our own Occupational Safety and Health Program (or Injury Illness Prevention Program (IIPP) and review it regularly to make sure that it is current to the needs and demands of the work place. Health and safety is a team effort at CAA. Our employees are actively involved in the preparation and implementation of risk assessments and safe working methods, while management ensures that all safety and health policies and procedures are well understood and followed. CAA personnel undergo workplace-specific safety and health training and are held accountable for adopting safe work practices. OUR READINESS PROMISE: Our aim is to start a job and be productive from Day One. Before beginning a project, we ensure that we clearly understand the clients' policies and guidelines by going through the following preparation: ■Review the procedures under which we will operate to ensure the"rules"are clearly understood ■Speak with the clients'staff to discuss internal procedures, how individuals will be interfacing, and how to establish a cooperative working relationship ■Evaluate current handouts •Work with the Public Works Director,City Engineer,and Community Development Director to finalize project organization, staffing assignments, resource requirements,and review responsibilities CAAprofessional services 8 CITY ENGINEERING SERVICES CAA will provide, with 30 days notice and on a project basis, the following services: City Engineering Services ➢ Establish working relationships and coordination with other public agencies, county departments, and private utilities involving engineering matters affecting the City. > Provide onsite inspections and field surveys. ➢ Provide staff assistance on issues before the Public Works and Planning Commissions, as needed. > Prepare agendas, staff reports, and recommendations for consideration by the Public Works and Planning Commission and City Council. ➢ Provide other traditional City Engineering services, including but not limited to: preparation of regulations and ordinances; consultation and technical advice to the City; and maintain working relationships with public agencies and private utilities. Development/Plan Review > Provide application and case processing RESPONSE TIMES support related to all land-use entitlement ➢Tentative Maps: 10 Days activities. > Provide such necessary and related > Engineering Plans: 10 Days functions as are normal practice for engineering review and control of private > Final Maps with Legal: 10 Days 9 g developments, including but not limited to: reviewing and conditioning of land ➢ Re-check of Plans: 5 Days divisions and development; plan checking; calculating and establishing sureties and *all days are working days fees, assuring condition compliance. Construction Observation (Inspection) Services We will provide timely field observation during the construction of improvements such as grading activities, retaining wall construction, erosion control measures, streets, sewer and storm drain installation on all types of construction, including: • Streets, Sidewalks, Curb and • Slurry Programs Gutter • Retaining Walls • Storm Drains • Grading • Sewers • Erosion Control • Utility Replacement CAAprofessional services 9 Public Works Land Development Inspections CAA will provide the inspection for Land Development section of the Public Works Department. Inspectors assigned to the City will perform continuous or periodic observation services to verify that the work of construction is in conformance with the approved project plans, as well as to identify issues of non-compliance with applicable standards. Projects under construction by permit from the City will be inspected for compliance to the approved standards. Our field inspectors provide timely field observation during the construction of improvements, including: • Sidewalks • Curb and Gutter • Utilities CAA Public Works Inspectors provide daily inspection reports and attach photographic record of construction to electronic daily reports using CAA's FileMaker Pro tracking system. CAAprofessional services 10 REFERENCES , The following contains some of CAA's projects in California with an outline of services provided to each client, as well as the period of time that we have been performing the referenced service. We are extremely proud of our track record and the length of time we have continuously provided services to our clients. We invite you to contact any of our clients to obtain their opinion of the services we provide for their cities. REFERENCES SERVICES SINCE City of Calimesa Building & Safety Full 2014 Randy Anstine, City Manager Service (909) 795-9801 908 Park Avenue, Calimesa, CA 92320 City of San Dimas Environmental/NPDES 2014 Krishna Patel, Community Dev. Director (909) 394-6200 245 E Bonita Ave, San Dimas, CA 91773 City of Duarte Building & Safety 2013 Craig Hensley, Community Dev. Director Inspection & (626) 386-6835 Plan Check, 1600 Huntington Dr, La Palma, CA 91010 Code Administration City of La Palma Building & Safety 2012 Douglas Dumhart, Community Dev. Director (714) 690-3340 7822 Walker Street, La Palma, CA 90623 City of Laguna Hills Building & Safety 2012 Mr. Bruce Channing, City Manager (949) 707-2600 24035 El Toro Road, Laguna Hills, CA 92653 City of Los Alamitos Building & Safety 2010 Mr. Steven Mendoza, Community Dev. Director (714) Environmental 431-3538 3191 Katella Avenue, Los Alamitos, CA 90270 City of Pomona Environmental/NPDES 2010 Public Works Director (909) 620-2261 505 South Garey Ave, Pomona, CA 91766 City of Adelanto Building & Safety 2010 D. James Hart, Ph.D., City Manager (760) 246-2300 11600 Air Expressway, Adelanto, CA 92301 City of Cypress Plan Check 2008 Douglas Dancs, Director of Public Works Building Inspection (714) 229-6752 5257 Orange Avenue, Cypress, CA 90630 City of Rancho Santa Margarita Building & Safety 2007 E. (Max) Maximous, Public Works Director. Environmental (949) 635-1800, ext. 6707 Public Works 22122 El Paseo, Rancho Santa Margarita, CA 92688 Code Enforcement CAAprofessional services 11 City of Laguna Niguel Building & Safety 2006 Mr. Dan Fox, Community Development Director Public Works (949) 362-4313 Street Maintenance 30111 Crown Valley Parkway, Laguna Niguel, CA 92677 City of Fountain Valley Building & Safety 2004 Mr. Matt Mogensen, Interim Building and Planning Director (714) 593-4436 10200 Slater Avenue, Fountain Valley, CA 92708- 4736 City of Stanton Building & Safety 2004 Mr. Omar Dadabhoy, Community Dev. Director (714) 890-4213 7800 Katella Avenue, Stanton, CA 90680 City of Aliso Viejo Building & Safety 2002 Mr. David Doyle, City Manager City Engineering (949) 425-2500 Code Enforcement 12 Journey, Suite 100, Aliso Viejo, CA 92656 City of Mission Viejo Building & Safety 1995 Ms. Elain Lister, Community Dev. Director Public Works (949) 470-3000 Plan Check 200 Civic Center, Mission Viejo, CA 92691 Public Works Inspection City of Camarillo Building & Safety 1994 Mr. Bruce Feng, City Manager Public Works (805) 388-5307 Inspections 601 Carmen Drive, Camarillo, CA 93010 Environmental Inspections Town of Yucca Valley Building & Safety 1994 Mr. Shane Steuckle, Community Dev. Director Town Engineering (760) 369-7207 Public Works 57090 Twentynine Palms Highway, Yucca Valley, CA Inspection 92284 City of Yucaipa Building & Safety 1993 Mr. Ray Casey, City Manager Engineering Support (909) 797-2489 Fire Marshall Services 34272 Yucaipa Boulevard, Yucaipa, CA 92399 City of Twentynine Palms Building & Safety 1993 Mr. Larry Bowden, Acting City Manager City Engineering (760) 367-6799 Traffic Engineering 6136 Adobe Road, Twentynine Palms, CA 92277 Town of Apple Valley Building & Safety 1990 Mr. Frank Robinson, Town Manager Public Work (760) 240-7000 Administration 14955 Dale Evans Parkway, Apple Valley, CA 92307 Town Engineering City of Hidden Hills Building & Safety 1990 Ms. Cheri Paglia City Engineering (818) 888-9281 6165 Spring Valley Road, Hidden Hills, CA 91302 City of Moorpark Building & Safety 1988 CAAprofessional services 12 David Bobardt, Community Development Director (805) 517-6281 799 Moorpark Avenue, Moorpark, CA 93021 CAAprofessional services 13 HOURLY RATE SCHEDULE Effective July 1, 2015 CLASSIFICATION HOURLY CLASSIFICATION HOURLY RATES RATES Principal Engineer 178.50 Principal Building Official 147.00 City Engineer 169.00 Building Official 115.00 Project Supervisor 148.00 Senior Building Inspector 113.00 Project Manager 138.00 Building Plan Checker 99.00 Project Engineer 135.00 Building Inspector/Plan 95.00 Checker Sr. Registered Engineer 135.00 Code Enforcement Officer 75.00 Senior Design Engineer 117.00 Permit Specialist 69.00 Associate Engineer 113.00 Assistant/Design Engineer 99.00 Community Development 147.00 Director Principal Planner 135.00 Senior Traffic Engineer/Manager 153.00 Senior Planner 110.00 Transportation Planner 113.00 Associate Planner 99.00 Traffic Engineer Associate 97.00 Planning Technician 70.00 Sr. Draftsperson (CADD) 92.00 Landscape Director 118.00 Draftsperson (CADD) 82.00 Associate Landscape Architect 99.00 Computer Technician 82.00 City Forester 90.00 Senior Environmental 148.00 Expert Witness Services 200.00 Consultant Environmental 118.00 Senior Contract Administrator 110.00 t Engineer/Scientist II Environmental 94.00 Administrative Assistant 60.00 Engineer/Scientist Associate Environmental 89.00 Word Processor 50.00 Engineer Clerical 45.00 Senior Public Works Inspector 98.00 Public Works Inspector 89.00 3-Person Survey Crew 275.00 2-Person Survey Crew 215.00 The above hourly rates include general and administrative overhead and fees and employee payroll burden. Rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates, Inc. as reflected in the Consumer Price Index(CPI). CAAprofessional services 14