AndersonPenna Partners Inc (Aug 2015) CITY OF RANCHO PALOS VERDES
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 Anderson Penna Partners, Inc. (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows:
Mira Catalina ADA Access Ramps and Sidewalk Improvement Project — CDBG Project
#601561-13.
1.2 Description of Services
CONSULTANT shall: provide construction management and inspection
services as described in the CITY's Request For Proposals, which is attached hereto as
Exhibit "A" and incorporated herein by this reference, and in CONSULTANT's Proposal,
which is attached hereto as Exhibit "B" and incorporated herein by this reference. In the
event of any conflict between the terms of this Agreement and incorporated documents,
the terms of this Agreement shall control. In the event of any conflict between Exhibits"A"
and "B," the terms of Exhibit A shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
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CITY agrees to compensate CONSULTANT an amount not to exceed
thirteen thousand one hundred twenty five dollars($13,125.00)for services as described in
Article 1.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
AndersonPenna Partners, Inc.
20280 Acacia Street, Suite 100
Newport Beach, CA 92660
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10) days of the receipt of each invoice. However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.4 Additional Services
CITY may request additional specified work under this Agreement. All such
work must be authorized in writing by the CITY's Director of Public Works prior to
commencement. CONSULTANT shall perform such services, and CITY shall pay for such
additional services in accordance with CONSULTANT's Schedule of Hourly Rates,.which is
within Exhibit "B." The schedule of hourly rates shall be in effect through the end of this
Agreement.
2.5 Term of Agreement
This Agreement shall commence on August 19, 2015 and shall terminate on
August 20, 2016 unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
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INDEMNIFICATION AND INSURANCE
3.1 Indemnification
To the maximum extent permitted by law, CONSULTANT shall defend,
indemnify, and hold the CITY, its officials, officers, employees, agents and independent
contractors serving in the role of CITY officials, and volunteers(collectively"Indemnitees")
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages or injuries, in law or equity, to property or persons, including
wrongful death (collectively"Claims"), in any manner arising out of or incident to any acts or
omissions of CONSULTANT, its officials, officers, employees or agents in connection with
the performance of this Agreement, including without limitation the payment of all
consequential damages, attorneys'fees, and other related costs and expenses,except for
such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.
With respect to any and all such Claims, CONSULTANT shall defend Indemnitees at
CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment,
award, or decree that may be rendered against Indemnitees. CONSULTANT shall
reimburse Indemnitees for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
CONSULTANT or Indemnitees. All duties of CONSULTANT under this Section shall
survive termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement. Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars($1,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims
made" policy is provided, such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed. Coverage for the post-completion period may
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be provided by renewal or replacement of the policy for each of the three (3)years or by a
three-year extended reporting period endorsement, which reinstates all limits for the
extended reporting period. If any such policy and/or policies have a retroactive date, that
date shall be no later than the date of first performance of work or services on behalf of the
CITY. Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance,with minimum of one million dollars($1,000,000) per claim and occurrence and
two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000) for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium.
Additionally, CONSULTANT shall provide immediate notice to the City if it receives a
cancellation or policy revision notice from the insurer.
(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid
insurance in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay, at CONSULTANT's expense, the premium thereon.
3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance
showing that the aforesaid policies are in effect in the required amounts. The commercial
general liability policy shall contain endorsements naming the CITY, its officers, agents and
employees as additional insureds.
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3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90)
days prior written notice. Notice shall be deemed served if completed in compliance with
Section 6.14.
(b) In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows: for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement as determined by the CITY,
CONSULTANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of termination or cancellation in accordance with the work items;
provided, in no event shall the amount of money paid under the foregoing provisions of this
paragraph exceed the amount which would have been paid to CONSULTANT for the full
performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information,data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products") shall be and remain the property of the
CITY without restriction or limitation upon its use, duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire," and all Written Products
and any and all intellectual property rights arising from their creation, including, but not
limited to, all copyrights and other proprietary rights,shall be and remain the property of the
CITY without restriction or limitation upon their use, duplication or dissemination by the
CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
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CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to which
any intellectual property right exists, including computer software, used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials,officers,
employees,servants, attorneys,designated volunteers, and agents serving as independent
contractors in the role of CITY officials, harmless from any loss, claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal, state
or local laws, or any contractual provisions, or any laws relating to trade names, licenses,
franchises, copyrights, patents or other means of protecting intellectual property rights
and/or interests in products or inventions. CONSULTANT shall bear all costs arising from
the use of patented, copyrighted, trade secret or trademarked documents, materials,
equipment, devices or processes in connection with its provision of the services and
Written Products produced under this Agreement. In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined, CONSULTANT, at its expense,
shall: (a) secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction, or by procuring a license or licenses for CITY;
or (b) modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement. This
covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
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In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of the
Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of
1990 (42 U.S.C. § 11200, et seq.).
6.3 Personnel
CONSULTANT represents that it has, or shall secure at its own expense, all
personnel required to perform CONSULTANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing. CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subconsultants in the
performance of its services under this Agreement, but at all times shall CONSULTANT be
responsible for its associates or subconsultants' services.
6.4 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.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve(12) months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 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
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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.
6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
Notwithstanding the above, CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so. Such persons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. CONSULTANT's use of subconsultants
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set
forth, and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation, or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in
any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify
and hold the CITY harmless from any and all taxes, assessments, penalties, and interest
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asserted against the CITY by reason of the independent contractor relationship created by
this Agreement. CONSULTANT shall fully comply with the workers' compensation law
regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws. The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 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.
6.11 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.
6.12 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 the CITY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant, or any
default which may then exist on the part of CONSULTANT, and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.13 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.
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6.14 Notice
Except as otherwise required by law, any notice or other communication authorized
or required by this Agreement shall be in writing and shall be deemed received on (a) the
day of delivery if delivered by hand or overnight courier service during CONSULTANT's or
CITY's regular business hours or (b) on the third business day following deposit in the
United States mail, postage prepaid, to the addresses listed below, or at such other
address as one party may notify the other:
To CITY:
Responsible Person: Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: Bob Merrell
Address: 20280 Acacia Street, Suite 100
Newport Beach, CA 92660
[Signatures on next page.]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
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Dated: AndersonPenna Partners, Inc.
("Ce NSULTANT")
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Printed Name: AL CUCitits
Title: CFO
Dated: 00/4 CITY OF RANCHO PALOS VERDES
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ATTEST: APP'OVED AS Ti FORM:
BY: _ _LI/ zap-m_ed.(__ By:
City Clerk City Attorney
Page 11 of 11
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Attachment B
Exhibit "A":
City's Request For Proposals
Exhibit "A"
R6876-0001\1347726v1.doc
Exhibit"A"
CITY OF RANCHO PALOS VERDES
PUBLIC WORKS DEPARTMENT
September 1, 2014
City of Rancho Palos Verdes
Request for Proposal/Qualifications for
Construction Management and Inspection Services
Mira Catalina ADA Ramp Improvement Project
The City of Rancho Palos Verdes requests proposals from selected qualified consulting
firms to provide construction management and inspection services to successfully
complete the City's Mira Catalina ADA Ramp Improvement Project.
The successful firm will provide professional Construction Management and Inspection
services as defined in the Scope of Work. The City is particularly looking for proposals
that exhibit the whole-team approach and will cover all phases from design to post-
construction.
To be considered for this project, submit three (3) copies of the proposal to the
Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA
90275, Phone number (310) 544-5252, no later than 4:30 PM, on October 3, 2014.
The design effort has begun and the City wishes to obtain construction management
services early on to assist with design review, procurement and construction.
SCOPE OF WORK
Consistent with professional Project/Construction Management standards, the City is
looking to assemble a team of professionals that will work collaboratively to assure the
successful completion of the project. The ideal Construction Manager and inspector
will serve as an agent for the City. The City's expectations and anticipated scope of
work includes:
Design Phase
1. Design Document Review (bid ibility/constructability)
2. Assist with contract agreements
3. Assist with public relations
30940 HAWTHORNE BOULEVARD/RAfiCHO PALOS VERDES,CA 90275-5391/(310)544-5252/FAX(310)544-5292/www.PALOSvERDES.COrI/RPv
e,PRINTED ON RECYCLED PAPER
Exhibit"A"
City of Rancho Palos Verdes
Request for Proposal
Mira Catalina ADA Ramp Project
Page 2 of 4
4. Conduct project progress meetings.
5. Assist with cost and schedule control.
Procurement Phase
6. Assist with bidding and contracting; including bid documents, information to
bidders, bid addenda, bid opening and evaluation.
7. Assist with meetings including pre-bid meetings, bid opening and pre-award
conferences.
Construction Phase
8. Project team coordination, regular and consistent management reporting.
9. Conduct regular project meetings including pre-construction, progress and
special meetings.
10. Schedule compliance
11. Budget and Cost monitoring
12. Assist with payment request
13. Manage all communications between the City and the contractor.
14. Manage all change order request, claims and disputes.
15. Assures quality and arranges for all field tests.
16. Assist in maintaining good relationship in surrounding neighborhood.
17. Provide value engineering where appropriate.
18. 1
Upon project completion, provide the finished set of project workbooks to the
p p
City of Rancho Palos Verdes.
19. Prepare documentation for final payment to the Contractor.
20. Prepare documentation for final acceptance, including final inspection and
punch list for substantial completion.
21. Maintain as-built drawings
22. Maintain all project records to be delivered at the end of the project.
Post-Construction Phase
23. As-built documentation.
24. Coordinate warranty information.
25. Processing the final payment, retention release and contract close-out.
Construction Observation
26.Conduct a field investigation of the project area to become familiar with the
existing facilities and the project environment.
27.Provide full time construction observation of all construction activities to monitor
material and methods towards compliance with plans.
28. Prepare daily inspection/observation reports.
29.Functions as a member of the project team.
Exhibit"A"
City of Rancho Palos Verdes
Request for Proposal
Mira Catalina ADA Ramp Project
Page 3 of 4
Clerical services and materials to carry out items above shall be incorporated into the
costs of the appropriate items.
EVALUATION PROCESS
Technical proposals received will be evaluated on the following criteria:
1. Experience of firm in performing this type of service.
2. Relevant experience of individual team members assigned to the project.
3. Understanding of the project as demonstrated by the thoroughness of the
proposal, the whole-team approach and Construction Management practices.
4. References from clients for whom similar work was performed within the past
5 years.
5. Depth of staff available to perform services.
6. Previous work in RPV performed by the firm.
7. Previous work in RPV performed by members of the team.
8. Interview (if applicable)
Allq uestions are to be submitted in writing to City of Rancho Palos Verdes Department.of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Attention:
Nicole Jules. Questions may be submitted via fax to (310) 544-5292 or e-mail to
nicolej aAc rpv.com . All questions must be received by 4:30 p.m. September 26, 2014.
1 ,
Please note that the responses to this request for proposal are subject to the following
conditions:
Insurance
The City of Rancho Palos Verdes requires the selected firm to have a minimum of
$2,000,000.00 of professional errors and omissions insurance and a minimum of
$2,000,000.00 of automobile liability insurance and proof of Worker's Compensation
insurance prior to entering into an agreement with the City.
Acceptance of Terms
Submission of a proposal shall constitute acknowledgment and acceptance of all terms
and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the
proposal.
Exhibit"A"
City of Rancho Palos Vcrdes
Request for Proposal
Mira Catalina ADA Ramp Project
Page 4 of 4
Right of Rejection by the City
Not withstandinganyother provisions of this RFP, the City reserves the right to reject
any and all proposals and to waive any informality in a proposal.
Financial Responsibility
Thero oser understands and agrees that the City shall have no financial responsibility
p p
for any costs incurred by the proposer in responding to this RFP.
Interview
If successful, thero oser will be invited to participate in an interview. The interview will
p p
be a part of final selection process.
Award of Contract
The selected firm shall be required to enter into a written contract with the City of
Rancho Palos Verdes, in a form approved by the City Attorney, to perform the
prescribed work. This RFP and the proposal, or any part thereof, may be incorporated
into and made apart of the final contract; however, the City reserves the right to further
negotiate the terms and conditions of the contract with the selected consultant.
The
contract will, in anyevent, include a maximum "fixed cost"to the City of Rancho Palos
Verdes.
Conferences During the Proposal Preparation Period
of the issuance date of this RFP and continuing until the time for submitting proposal
As
has expired, the Citywill provide relevant information and access to City facilities and
p
documents as necessary for all proposers to familiarize themselves with the
requirements uirements set forth in the RFP. Access to City facilities shall be during normal
business hours and will require at least twenty-four (24) hours advance notice.
Number of Copies Required
Thep roposer must submit five (5) copies of the proposal.
Proposals must be received by the Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Phone number (310) 544-5252, by the
deadline indicated in this RFP.
Attachment B
Exhibit "B":
Consultant's Proposal, including Schedule of Hourly Rates
Exhibit "B"
R6876-000111347726v1.doc
Exhibit"B"
Iir
ooro'airip,
ANDERSON - PENNA
• PARTNERS IN PROJECT DELIVERY •
October 3, 2014
Mr. Nicole Jules
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: Field Engineering Services Proposal — Mira Catalina Roadway and Access
Ramp Improvements
Dear Nicole:
In response to the Request for Proposal, Merit Civil Engineering is pleased to submit our proposal
to provide field engineering services for the Mira Catalina roadway and ramp project. This
proposal will outline our recommendation for inspection activities for the project, proposed scope
of services, schedule and the level of coverage anticipated.
PROJECT UNDERSTANDING
The Mira Catalina CDBG ADA project includes three access ramps that are located at the
intersection of Crest Road East and Starline Drive, a location that will present traffic control
challenges during the construction due to the close proximity of the elementary school. The work
will be concentrated at the intersection and in the parkways but will still be subject to intermittent
access issues. It will be important to ensure the contractor provides adequate traffic control and
access during work hours.
The following activities are recommended to manage the ramp construction:
• Adequate BMP installations to control surface water and construction debris
• Effective traffic control monitoring
• Site and construction inspection on a frequent basis including daily reports
• Construction staking
• As built drawings in PDF format.
The contract time for the ramp project is 20 working days. I believe the number of days that will
require inspection will probably be 15 or so and even then, most of the days would require something
less than full time inspection and my being in the area,the budget for this project can be minimized.
Therefore,the inspection time estimated to establish a budget for the actual inspection of the project
20280 Acacia Street, Suite 100 • Newport Beach, CA 92660 www.andpen.com
PHN 949 428 1500 • FAX 949 258 5053
Exhibit"B"
Proposal to City of Rancho Palos Verdes
Mira Catalina CDBG ADA Ramps
October 3, 2014 ANDERSON•PENNA
Page 2 of 2 .'A F►TN[IrS Its *R QJEC't dEL1YC RY
is 15 days at 6 hours per day. I plan to be the Construction Manager and primary Inspector with Joe
Buckner, P.E., P.L.S. assigned as the fill-in inspector, if needed.
Construction surveys will be needed and are part of this proposal. An estimated 8 hours are
anticipated to complete the various staking elements and are included in the estimated fee. These
hours may be kept separate from this authorization if desired by the City.
SCHEDULE
The pre-construction meeting will be the first activity followed with any coordination necessary
with the utility companies.
COMPENSATION
The proposed total Not-to-Exceed fee for the above-described services is detailed on the attached
Fee Breakdown spreadsheet. The total Not-to-Exceed fee is $ 13,125.00
Incidental costs relative to the assignment for office supplies,travel, phone calls, etc. are included
in the above quoted Not-to-Exceed fee.
We look forward to assisting you on this assignment. Please contact me with any questions you
may have.
Respectfully,
AndersonPenna Partners, Inc.
/64,1 - rwsigspir
Robert Merrell, PE Lisa M. Penna, PE
Senior Project Manager President/CEO
Exhibit"B"
City of Rancho Palos Verdes
Mira Catalina Roadway and Access Ramp Inspection
Fee Breakdown
Proposal Submittal
October 3,2012
Classification Project Sr.Project Constr. 2-Man
Manager Engineer Inspection Clerical Crew Total Billing Rate Outside
Hourly Billing Rate $160 ( $140 I $105 I $75 I $240 1 Hours Summary Costs Comments
TASK BREAKDOWN
I. Construction Inspection
1. Pre-construction Meeting . 4 4 $490
2. Field Surveys 3 I 8 _ 11 $2,340
3. Utility Coordination and As builts — ,2 ' 2 $210
4. On-site Construction Inspection 3 90 _ 2 95 $10,020 $65 Reproduction
Subtotals 0 10 92 2 8 , 112 $13,060 $65
Hours 0 10 92 2 8 112 TOTAL NTE FEE
TOTALS Cost $0 $1,330 $9,660 $150 $1,920 $13,060 $65 $13,125.00
•
il N C ERA
Mira Catalina Roadway and Access Ramp Inspection fee . T10/3/2014
•PARTNERS IN PROJECT DELIVERY
IVERY
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ANDERSON -
• PARTNERS IN PROJECT DELIVERY •
AndersonPenna Partners,Inc.
July 1,2014-June 30,2015 Standard Billing Rate Schedule
Engineering Services Municipal Services
Staff Hourly Rate' Staff Hourly
Rate
Principal $180 Principal $230
Project Manager $160 Project Executive $195
Quality Assurance Manager $150 Program/Project Manager $160-$185
Senior Engineer $140 Assistant Project Manager $105-$145
Project Engineer $130 Plan Check Engineer $85-$135
Traffic Engineer $125 Planner $95-$110
Associate Engineer $115 Public Works Technician* $110
Designer* $110 Code Enforcement Consultant $125
CADD Drafter* $85 Code Enforcement Officer* $60-$75
Administration* $75 Permit Technician* $65
Funding Services Railroad Safety Services
Staff Hourly Rate' Staff Houry
ly
Rate
Project Manager $160 Principal $180
Assessment Engineer $160 Quality Assurance Specialist $165
Analyst* $110-$125 Structural/Track Engineer $135
Administration $75 Engineering Technician* $85
*Subject to Overtime and Doubletime Inspector* $65-$75
Construction Services
Regular Time Overtime
Staff Rate' Mon—Fri' Saturday3 Sunday/Holiday
Principal $160 n.a. n.a. n.a.
Construction Manager $145-$160 n.a. n.a. n.a.
Resident Engineer $185 n.a. n.a. n.a.
Structures Representative $135-$185 n.a. n.a. n.a.
Construction Supervisor $135 n.a. n.a. n.a.
Office Engineer $85-$135 n.a. n.a. n.a.
Labor Compliance $90 n.a. n.a. n.a.
Document Control $90 n.a. n.a. n.a.
Public Works Technician $110 $165 $165 $198
Administration $75 $113 $113 $135
Public Works Inspector(Prevailing Wage) $105 $147 $147 $178
Public Works Inspector(Non-Prevailing Wage) $92 $138 $138 $166
Building Inspector(Non-Prevailing Wage) $85 $128 $128 $153
20280 Acacia Street, Suite 100 • Newport Beach, CA 92660 www.andpen.com
PHN 949 428 1500 • FAX 949 258 5053 Certified DBE