AndersonPenna Partners Inc - FY2019-006 CITY OF RANCHO PALOS VERDES
CONTRACT SERVICES AGREEMENT FOR
DESIGN SERVICES FOR ADA ACCES IMPROVEMENTS
CROSSWALKS IN AREA 9
THIS PROFESSIONAL SERVICES AGREEMENT (herein "Agreement") is made and
entered into this 20th day of December, 2018, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation ("City") and ANDERSONPENNA PARTNERS,
INC., a California corporation (herein "Consultant").
NOW, THEREFORE,the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any "public
work" or"maintenance work," as those terms are defined in California Labor Code section 1720
et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total
compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and
comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq.,
and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"
attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a
conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the
provisions of Exhibit"B" shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum
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contract amount of Eighteen Thousand One Hundred Twenty Dollars ($18,120) ("Contract
Sum").
2.2 Invoices. Each month Consultant shall furnish to City an original invoice
for all work performed and expenses incurred during the preceding month in a form approved by
City's Director of Finance. By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall
detail charges for all necessary and actual expenses by the following categories: labor (by sub-
category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor
charges shall also be detailed by such categories. Consultant shall not invoice City for any
duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty five (45) days of receipt of Consultant's correct and undisputed invoice; however,
Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Consultant for correction
and resubmission. Review and payment by the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum
for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent(10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached hereto
as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty(30) days cumulatively.
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3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant's sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding 1 years from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit"D"). The City may, in its sole discretion, extend the Term for 5 additional
one-year terms.
4. COORDINATION OF WORK
4.1 Representative of Consultant. Jeff Cooper is hereby designated as being
the representative of Consultant authorized to act on its behalf with respect to the work and
services specified herein and make all decisions in connection therewith. All personnel of
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to
this Agreement. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Elias Sassoon, Director of Public Works, and Ron
Dragoo, Principal/City Engineer, or such person as may be designated by the City Manager, is
hereby designated as being the representative the City authorized to act in its behalf with respect
to the work and services specified herein and to make all decisions in connection therewith
("Contract Officer").
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner represent that it or
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any of its agents or employees are agents or employees of City, or that it is a member of a joint
enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant's indemnification of
City, and prior to commencement of any services under this Agreement, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO "insured contract" language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three(3) years after completion of the services required by this Agreement.
(d) Workers' compensation insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least$1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit"B".
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsements must be
approved by City's Risk Manager prior to commencement of performance. Current certification
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of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents,representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City's own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by
the City's Risk Manager.
(0 Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
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shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(1) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer's limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency's right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
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(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant 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, either judicial, 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 Consultant, its officers, employees, agents, subcontractors, invitees,
or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from
Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or
indemnitors' negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, except claims or liabilities occurring as a result of City's sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement.
5.4 RECORDS,REPORTS,AND RELEASE OF INFORMATION
5.5 Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
"books and records"), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder. The Contract
Officer shall have full and free access to such books and records at all times during normal
business hours of City, including the right to inspect, copy, audit and make records and
transcripts from such records.
5.6 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
5.7 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract
Officer or unless requested by the City Attorney, voluntarily provide documents, declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order
shall not be considered"voluntary" provided Consultant gives the City notice of such court order
or subpoena.
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(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant
for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of
Consultant's conduct.
(d) Consultant shall promptly notify the City should Consultant be served
with any summons, complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder. The City retains the
right, but has no obligation, to represent Consultant or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
5.8 Ownership of Documents. All studies, surveys, data, notes, computer
files,reports,records, drawings, specifications, maps, designs, photographs, documents and other
materials (the "documents and materials") prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as "works
made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
"works made for hire"for the City.
6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in the County of Los Angeles, State of California.
6.2 Disputes; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, if circumstances warrant. During the period of time that Consultant is in
default, the City shall hold all invoices and shall, when the default is cured, proceed with
payment on the invoices. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
6.3 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory
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claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any
legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
6.4 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Contract at any time, with or
without cause, upon thirty (30) days' written notice to Consultant, except that where termination
is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant reserves the right to terminate
this Contract at any time, with or without cause, upon sixty (60) days' written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such
shorter time as the Consultant may determine. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Consultant has initiated termination, the
Consultant shall be entitled to compensation for all services rendered prior to the effective date
of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract
Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder,but
not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit
"C". In the event of termination without cause pursuant to this Section, the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
6.5 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over the work and prosecute the same to
completion by contract or otherwise, and the Consultant shall be liable to the extent that the total
cost for completion of the services required hereunder exceeds the compensation herein
stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City
may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
7. MISCELLANEOUS
7.1 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them,that there shall
be no discrimination against or segregation of, any person or group of persons on account of
race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin,
ancestry, or other protected class in the performance of this Agreement. Consultant shall take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,
marital status,national origin, ancestry, or other protected class
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7.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, or any successor in interest, in the event of
any default or breach by the City or for any amount, which may become due to the Consultant or
to its successor, or for breach of any obligation of the terms of this Agreement.
7.3 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer(with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the
case of the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72)hours from the time of mailing if mailed as provided in this Section.
7.4 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
7.5 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
7.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's consent
to or approval of any subsequent act. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision
of this Agreement.
7.7 Attorneys' Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees,
whether or not the matter proceeds to judgment.
7.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
7.9 Counterparts.
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This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
7.10 Warranty & Representation of Non-Collusion. No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any
official, officer, or employee of City participate in any decision relating to this Agreement which
may affect his/her financial interest or the financial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which(s)he is directly or indirectly interested, or in violation of any
State or municipal statute or regulation. The determination of "financial interest" shall be
consistent with State law and shall not include interests found to be "remote" or "noninterests"
pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that
it has not paid or given, and will not pay or give, to any third party including, but not limited to,
any City official, officer, or employee, any money, consideration, or other thing of value as a
result or consequence of obtaining or being awarded any agreement. Consultant further warrants
and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of value to
any third party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect. n
Consultant's Authorized Initials/.07,,
7.11 Corporate 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. This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
[Signatures On The Following Page]
11
01135.0006/525876.2
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
ATTEST:
C io
City Clerk
APPROVED AS TO FORM:
ALESHIRE&WYNDER, LLP
a). a)
City Attorney
CONSULTANT:
ARDURRA GROUP, INC. dba
ANDERSONPENNA PARTNERS, INC.
By:
Name: Li sA, M M. EIJaJA-
Title: L.E PkEs117EIJT
By:
NameRZW47r�
Title: C�
Address: 3737 Birch Street, Suite 250
Newport Beach, CA 92660
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.
12
01135.0006/525876.2
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 40iveo,,1 9, 20 Al before me, , personally appeared`1e )X40_41_proved to me on
the basis of satisfactory evidence to a the pers (s)whose names(s)is/are subscribed o the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized 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 the State of California that the foregoing paragraph is
true and correct.
tM'''r' CYNTHIA SCAGLIONE
WITNESS my hand and official seal. ' :F �` _; Notary Public-State of Florida
t Commission a GG 229031 (
Signature: , i�4 _ °F r.S �y Comm.Expires Oct 9,2022
4 ...,Bonded through National Notary Assn. I
41
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
El PARTNER(S) El LIMITED
❑ GENERAL NUMBER OF PAGES
El ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
El OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01135.0006/525876.2
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 terargYEV
On J 041I(, 20+8-before me, ij eyy 7�personally appeared flu•/ii/1 Q, proved to me on
the basis of satisfactory evidence to be the petson(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 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 the State of California that the foregoing paragraph is
true and correct.
BIE ARAGON
WITNESS my • d and official seal. NotaryPublic-California Z
Orange County
Signat re: A / ALI V4,1,iTIV
Commission#2182186
My Comm.Expires Mar 3,2021
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
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
01135.0006/525876.2
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will provide engineering design services for ADA access improvements
for the crosswalks in Area 9:
A. Research and Record Plans
1. Consultant will conduct a thorough search of the available records to acquire
relevant data to assist in the design of the project. Consultant will obtain a list of
utility agencies from City and from Underground Service Alert. A spreadsheet
will be created to log and track communications with the utility agencies. The
information accumulated will include as-built drawings, utility information, and
horizontal and vertical control data. Consultant will collect record information,
including:
a. As-built drawings
b. Right-of-way documents
c. Centerline intersection ties
B. Field Surveys
1. Research and Preliminary Calculations
a. Consultant will complete the research necessary to obtain street
alignments,record maps, street right-of-way,and benchmark data.
2. Design Survey with Right-of-Way. Consultant shall:
a. Locate and tie-out all street centerline, right-of-way, and boundary
monuments located within the project area.
b. Perform a design survey for each one of the intersections shown on
Exhibit"A-1", extending from adjacent right of way lines to 15 feet
beyond the curb returns.
c. The mapping shall include, but not be limited to, curbs, gutters, sidewalks,
drainage features, signs, improvements, buildings, walls, fences, fencing,
striping,ADA ramps, street furniture, etc. in addition to all visible utilities.
(utility poles,manholes, valves).
01135.0006/525876.2 A-1
d. The survey map will be certified by a licensed land surveyor, prepared in
AutoCAD format at scale 1" = 5'based on the latest County benchmark
elevations, and delivered in digital form. Subconsultant KelSurveys, Inc.,
will provide survey that will extend from 10 feet beyond proposed right-
of-way line, and will include shots at: right-of-way, lip of pavement, grade
breaks, and includes location of all surface utilities, signs, street lights,
trees, visible painted locations of utilities and other appurtenant visible
improvements in the specific project area.
C. Utility Research
1. Consultant shall collect information from all the utility companies and added as a
part of the base mapping. Consultant shall obtain a list of utilities within the
project area from the City and Underground Service Alert. Consultant will
provide a copy of the utility file to the City. Consultant will pay special attention
to coordinating the utilities that will need to be relocated and adjusted to grade.
Based on Consultant's preliminary review of the project area,the following are
some of the key utilities that could be impacted.
a. Sewer manholes
b. Water meters
c. Utility pull boxes
Consultant will continue coordination with the utilities throughout the design of
the project. Consultant will send notices to all utilities that will be impacted by the
project,requesting the relocation of the pertinent facilities. Consultant will
conduct a coordination meeting with all affected utilities on the project to identify
and discuss schedules and necessary adjustments/relocations.
Given the nature of the project, being ramp/sidewalk construction, Consultant
does not anticipate the excavations will be much deeper than 1 foot and has
assumed potholing will not be required for this project.
D. Prepare Base Sheets
1. Consultant will perform a field review and take photographs of potential problem
areas or items that need special attention, focusing on the existing private property
improvements that could be impacted and utility impacts. The pictures shall serve
as a constant reference during design and shall be used for discussion of issues at
meetings. As a part of the field review, Consultant will verify the existing surface
topographical features per the survey data. Consultant will note any discrepancies
and resolve them with the surveyors. Consultant will prepare ramp and sidewalk
improvement base sheets (5-scale) using the survey data from Task B. Consultant
01135.0006/525876.2
will use the base sheets to prepare preliminary design concept which will be
reviewed and approved by the City prior to final plan preparation.
E. Prepare Plan Sheets
1. Based on the City-approved concept, Consultant will prepare final plans and
submit them to the City for review at the 60%and (90%and 100% levels. The
plans will show removals and new ramp and sidewalk construction including
reconstruction of existing cross gutters, where appropriate. City standard plans
will be supplemented by American Public Works Association(Greenbook)
Standard Plans as needed. Consultant will also prepare typical sections and
details. The anticipated number of sheets for the project is as follows:
Description #of Sheets
Title Sheet 1
T A.Ica!Sections and Details 1
Ram./Sidewalk R air Plans(5-scale) 5
Total Sheets 7
Consultant will prepare all plans in AutoCAD. Consultant will provide digital
files and one set of original plans upon final approval by City.
F. Prepare Detail Sheets
1. Consultant will prepare all detail sheets in AutoCAD. Consultant will provide
digital files and one set of original plans upon final approval by City.
G. Specifications, Quantities and Cost Estimate
1. Consultant shall prepare all specifications in Microsoft Word. Consultant will
prepare special provisions based on the Standard Specifications for Public Works
Construction (Greenbook)and the City's boilerplate, supplemented with Caltrans
specifications as required and submitted to the City for review at the 90% and
100% levels. All Consultant's submittals will be in Microsoft Word format.
2. Consultant will prepare and submit to City quantity and cost estimates for review
at the 60%, 90%, and 100% levels. Consultant will provide the City with an
electronic file of our cost estimate spreadsheet, which can be added to by the City
in preparing a bid summary after the construction contractor's bids are received.
H. Meetings. Consultant shall:
1. Attend a pre-design (kick-off) meeting with City representatives to review the
project in detail, and determine the City's specific requirements in regards to the
project design criteria.
01135.0006/525876.2
2. Attend coordination meetings with City staff and an additional meeting with
utility companies.
3. Maintain communication with the City's Project Manager throughout the duration
of the project.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. 60%Plans
B. 90%Plans, Specifications&Estimate
C. Final Plans, Specifications& Estimate
III. In addition to the requirements of Section 6.2,during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
NOT APPLICABLE
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Bob Merrell, Project Manager
B. Manuel Barrios, Design Engineer
C. Khalil Essayli, Design Engineer
D. Kelvin Kitaoka, Kelsurveys, Inc.
01135.0006/525876.2
FY 2018 / 2019 CDBG ADA IMPROVEMENT PROJECT
CONCEPT PLAN
Project Goal:
8 _ :' "- i�' 1 t. '•' r •, ;�'�►1, ,;; , . 28006 `�� • To improve ADA access at intersections in
I t + 1 �. 28011 + .
' .' '" 1 1.' .' ��, area 9 of Rancho Palos Verdes.
to • J' 1r�i,i ' • .- f . (�, / i:,+;.
'- ~ °``' - t; F,,,` ��'� • This project will remove material barriers
Avenida E._ ticitantc' - '�
..-,,:i: • .. ` i
-�... ` that impede access for the mobility
„dr" r l gm t $«. 4.-,4 28020 impaired by replacing these non-existent
�, YT.:::' j r. 9 ,1�,,'f - �'" 1 • r; r° curb ramps, which do not provide a safe
f , r );-,7(),'i 28026 p
s;` __.y_:...;_; "' N.'�3; `1"•�` path of travel for the wheelchair bound or
1 1 +1 . } ' MOM L s •
` //+. _ ' someone with a walking disability, with ADA
{ -'y' 191 �t �1° �" +. 2a 1 1 ��
1923 9 ,1:+i ,', ,,v,. accessible curb ramps.
•: 1".' :, *. h .-.GNP 1 7811
.11,, . :�,�, f � a t � , Project Improvements:
14, t ... .'!. • i', ,..Im,- j . .�-,- 1') q f f 311.,4, , 4
111 h I f ! .""'__.- »_ _• ;— _ri _ �.. _ ,� .. 7,1",- ' , ) • Remove 10 sidewalk curb barriers at
a Irk ,; 1 .1 'i} , ' �; "' ,� crosswalks and replace with ADA curb
r
�, �. .� s Q,)„.28202 2��„�7 ��? ramps.These locations are illustrated with
s _ -,00111- IMF a 1
28211 •- orange dots on the map to the left.
_I._ ° 'Pin"-, a '8' ' �'” 28206
7 - ,v, ,. �.__ •�`� ,�. -- ._28206 • The blue arrows signify paths of
_ c 1 gmajor
Q ° 19�#8�` ` '����'t_'� ler 1 )� ' �" �t 1 ti.�' travel connectingthe school in the topleft
t sal 1 z'',1-- 1 E_ 1'�?' a. 4,`,...
r,��.1�} p
r gam28212' •
�� fj --- - ' _, 4r"` ---' to the main entrance to the neighborhood.
4� :..y �. f This walkwaypath is heavilyused
CO Ue(asonde Dr _ 4_. -. 1�i?18.
M
UM
- ' r. te . 1�r ►
I - - . I' ' • - • Typical existing curb barrier is detailed in
W 111k, IL.�'': ,c, .1.0); .. , 1 laborf1 24:3,) ;.: _ --- the picture below.
i.
es tm
H . ' ' • ! / °nt DrCr0 .r4.. t ' ' ' ' '' ' • ?r , i, . • r t ;Fa:,
7'•R.l.ne
di . V4-;.. y41,„ 4n �;, ,. ;,f -
r i�f °
le\,..,,,t,
,, 1.1.. ..:etti",
r ��y.y.�,� yy.`"g�•gg,y=
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text in strilEethrough.
I. Section 4.3 is amended to read:
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract
with any entity to perform in whole or in part the work or services required hereunder without
the express written approval of the City.Subconsultant KelSurveys,Inc.,shall provide
surveying services. Neither this Agreement nor any interest herein may be assigned or
transferred,voluntarily or by operation of law,without the prior written approval of City. Any
such prohibited assignment or transfer shall be void.
II. Section 7.12 is added as follows:
7.2 CDBG Provisions. This Agreement is subject to the rules and regulations
governing the use of Community Development Block Grants, as articulated in Exhibit B-1,
attached hereto and incorporated herein by reference.
01135.0006/525876.2 B-4
F 9t
OC .v�i.+
egt*P
OFLOS�"' "'OfLOS 13"
EXHIBIT "B- 1"
CDBG-FUNDED CONTRACT REQUIREMENTS,PROVISIONS & CLAUSES
1. AUDIT OR EXAMINATION: Consultant/Contractor shall keep all records of funds received
from City and make them accessible for audit or examination for a period of five(5)years after
final payments are issued and other pending matters are closed. [Los Angeles County Auditor-
Controller Contract Accounting and Administration Handbook, Section 3.1]
2. CONFLICT OF INTEREST: In the procurement of supplies, equipment, construction, and
services by sub-recipients,the conflict of interest provisions in 2 CFR Part 200.318(c)(1)(2) shall
apply.No employee, officer or agent of the sub-recipient shall participate in selection, or in the
award or administration of a contract supported by Federal funds if a conflict of interest, real or
apparent, would be involved.
3. POLITICAL ACTIVITY/LOBBYING CERTIFICATION: Consultant/Contractor shall
not conduct any political activity or lobbying, including making any payment to any person,
officer, or employee of any agency or member of Congress in connection with the awarding of
any federal contract, grant, or loan, intended to influence legislation, administrative rule-making
or the election of candidates for public office during time compensated for under representation
that such activity is being performed as a part of the contract responsibility.
4. COUNTY LOBBY CERTIFICATION: Consultant certifies that(1) it is familiar with the
requirements of Chapter 2.160 of the Los Angeles County Code (Los Angeles County Ordinance
93-0031), (2) all persons/entity/firms acting on behalf of Consultant have and will comply with
the Chapter 2.160 of County Code, and; (3) it will be (1)disqualified from seeking contracts with
the Community Development Commission, (2)denied contracts with the Community
Development Commission, and(3) liable in civil action, if any lobbyist, lobbying firm, lobbyist
employer or any other person or entity acting on behalf of Consultant fails to comply with the
provisions of Chapter 2.160 of the County Code.
5. FEDERAL LOBBYING CERTIFICATION: Consultant/Contractor certifies that it is
familiar with the requirements of Section 1352 of Title 31 of the United States Code.
6. NON-DISCRIMINATION: Pursuant to Executive Order 11246,during the performance of
this Agreement, Consultant shall not to discriminate against any employee or applicant for
employment because of race, religion, sex, color, or national origin. Consultant will take
affirmative action to ensure that applicants are employed, and that employees are treated during
01135.0006/525876.2 B-5
employment,without regard to their race, religion, sex, color, or national origin. Such action
shall include,but not be limited to,the following: employment upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Consultant shall post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by Consultant setting forth the provisions of this nondiscrimination clause.
7. SECTION 3 REQUIREMENTS: Pursuant to Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., and to the greatest extent
feasible, Consultant shall provide opportunities for training low-and moderate-income City
residents and award contracts to local City businesses.
8. CIVIL RIGHTS ACT OF 1964: Pursuant to Title VI of the Civil Rights Act of 1964,
Consultant shall not, on the basis of race, color, or national origin, exclude any person from
participation in, deny any person the benefits of, or subject any person to discrimination under
any program or activity receiving Federal financial assistance, including this Agreement.
9. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974: Pursuant to Section
109 of Title I of the Housing and Community Development Act of 1974, Consultant shall not, on
the basis of race, color, national origin, or sex, exclude any person from participation in, deny
any person the benefits of, or subject any person to discrimination under any program or activity
funded in whole or in part with funds made available under Title I, including this Agreement.
10. PROHIBITION OF AGE DISCRIMINATION: Pursuant to Section 504 of the
Rehabilitation Act of 1973, Consultant shall not discriminate on the basis of age under the Age
Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, in
the performance of this Agreement.
11. COPELAND ACT: Requires all contractors and subcontractors to submit weekly payroll
reports. It is a criminal offense for any person to persuade any other person employed on a
federally funded project into giving up any part of their salary to which they are entitled under
their contract of employment.
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (CWHSSA): All
over-time hours worked in excess of 40 hours during any workweek must be paid at the rate of
one and one half the times of the regular basic hourly rate of pay, plus fringe benefits for each
hour or partial hour worked.
13. CONTRACTING WITH SMALL AND MINORITY OWNED FIRMS,WOMEN'S
BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS: It is policy to award
a fair share of contracts to Small Business and Minority Firms. Accordingly, affirmative steps
must be taken to assure that Small Business and Minority Owned Firms are utilized, when
possible, as sources of supplies, equipment, construction and services.
01135.0006/525876.2 B-5
14. CLEAN AIR AND WATER ACTS: Contractors with Federally-assisted construction
contracts of$100,000 or more must comply, and ensure all sub-contractors comply, with the
requirements regulated by the Environmental Protection Agency.
15. TERMINATION: This Agreement may be terminated as provided in Section 3.4.1. [2
C.F.R. Part 200, Appendix II, (B).
16. SOURCE OF FUNDS: This Agreement is funded in whole or in part with Community
Development Block Grant(CDBG) funds.
01135.0006/525876.2 B-5
Community Development Commission
County of Los Angeles
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
Name of Firm: Ardurra Group, Inc.dba AndersonPenna Partners, Inc.
Address: 3737 Birch Street,Suite 250
State: CA Zip Code: 92660 Telephone Number: ( 949 ) 272-9279
Acting on behalf of the above named firm, as its Authorized Official, I make the following
Certification to the County of Los Angeles and the Community Development Commission,
County of Los Angeles.
1) It is understood that each person/entity/firm who applies for a Community
Development Commission contract, and as part of that process, shall certify that
they are familiar with the requirements of the Los Angeles County Code, Chapter
2.160(Los Angeles County Ordinance 93-0031)and;
2) That all persons/entities/firms acting on behalf of the above named firm have and
will comply with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Community
Development Commission shall be disqualified therefrom and denied the contract
and, shall be liable in civil action, if any lobbyist, lobbying firm,lobbyist employer
or any other person or entity acting on behalf of the named firm fails to comply
with the provisions of the County Code.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into contract with the Los Angeles County and the Community Development
01135.0006/525876.2 B-5
Commission, County of Los Angeles.
Authorized Official:
Ardurra Group, Inc.dba AndersonPenna Partners, Inc. By_
(Contractor/Subcontractor) (Signature)
'Jr Managing Principal
(Date) (T )
01135.0006/525876.2 B-5
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
APP APP
TASK PM/OA/QC PE DES ENG CADD ODC Subtotal Subconsultants TOTAL
($175) ($145) ($110) (S90)
1 1 Research and Record Plans 4 2 $990 $5,695 10 $6,685
2 2. Field Surveys 6 ( $660 $570 " $1,230
3 3. Utility Research 1 $110 $110
4 4. Prepare Base Sheets 4 16 $2,340 $2,340
5 5. Prepare Plan Sheets 4 16 4 $2,820 $2,820
6 6. Prepare Detail Sheets 3 4 4 4 $1,905 $1,905
7 7.SpeafCations,Quantifies and Cost Estimates , 8 $50 $2,330 $2,330
8 8.Meetings I $700 $700
MANHOUR TOTALS 23, r Pe ° --
FEE TOTALS -,, r,,
r
____ �'
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services.
NOT APPLICABLE
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the
hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
C-1
01135.0006/525876.2
VI. Consultant's billing rates for all personnel are attached as Exhibit C-1.
NOT APPLICABLE
01135.0006/525876.2
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
City of Rancho Palos Verdes
ADA Ramps & Sidewalk Project in Area 9 - CDBG
10 Task Name _.__ _ _
Duration Start Ft-ash January 2019 February 2019 Ma
14 . 19 24 29 I 3 8 I 13 I 18 . 23 26 . 2 7 I 12 I 17 22 27
1 'Notice to Proceed 0 days Thu 12120/18 Thu 12120/18
2 Project Management&Coordination 48 days Thu 12/20118 Mon 2125/19
3 Kick-Off Meeting 0 days Thu 12/20118 Thu 12!20118
-
4 Monthly Meetings 28 days Thu 1/17/19 Mon 2125119
5 Research/Coordination/Survey 48 days Thu 12120/18 Mon 2/25/19
6 Research 3 days Thu 12120118 Mon 12124118
7 Utility Coordination 48 days Thu 12/20/18 Mon 2125/19
8 Survey and Mapping 12 days Thu 12120118 Fri 1/4/19
9 Preliminary and Final Design 36 days Mon 1/7/19 Mon 2/25/19
to Field Review 1 day Mon 1/7119 Mon 1/7/19 0
11 30%Conceptual Plan 5 days Mon 1!7/19 Fri 1111/19 --
12 City Review 1 day Mon 1/14/19 Mon 1/14/19 ii
13 60%Plans 17 days Tue 1!15119 Wed 2!6119 OsemeemememEmomm.
14 Curb Rarnp/Sidewalk Plan&Estimate 12 days Tue 1/15/19 Wed 1/30119 IMOMMISMir
15 City Review 5 days Thu 1/31/19 Wed 2/6/1911111111117.
16 90%Plans,Specifications&Estimates 8 days Thu 217/19 Mon 2/18/19
17 Prepare Revised Plans 5 days Thu 217/19 Wed 2113/19
18 Prepare Specifications&Estimates 5 days Thu 2/7/19 Wed 2/13119
19 City Review 3 days Thu 2/14/19 Mon 2/18/19
i
20 100%Plans,Specifications&Estimates 5 days Tue 2/19119 Mon 2125/19
21 Revise PS&E 2 days Tue 2/19/19 Wed 2/20/19 IIII
22 City Review 3 days Thu 2/21/19 Mon 2125/19 las
Z3 City Approval 1 day? Mon 2/25/19 Mon 2/25/19 ■
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. 60% Plans—January 30, 2019
B. 90% Plans, Specifications & Estimate—February 13, 2019
C. Final Plans, Specifications & Estimate—February 20, 2019
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
D-1
01135.0006/525876.2