CC SR 20160517 M - Residential Rehabilitation Project, Phase 1, Area 2RANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 05/17/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to award a Construction Agreement to Hardy and
Harper, Inc, for the construction of the Residential Street Rehabilitation Project, Phase I;
Area 2 - Concrete Asphalt Repairs; and to award a Professional Services Agreement to
Anderson Penna Partners, Inc., for Construction Management and Inspection Services.
RECOMMENDED COUNCIL ACTION:
(1) Approve the construction plans and project specifications on file in the Public
Works Department for the Residential Street Rehabilitation Project, Phase I, Area
2 - Concrete Asphalt Repairs;
(2) Award a Public Works Agreement for Construction to Hardy & Harper, Inc. for a
not -to -exceed amount of $1,789,000 for construction services related to the
Residential Street Rehabilitation Project, Phase I, Area 2 - Concrete Asphalt
Repairs;
(3) Award a Professional Services Agreement to Anderson Penna Partners, Inc., for
Construction Management and Inspection services for the amount of $259,453;
(4) Authorize Staff to use an additional 10% ($178,900) for project contingency; and,
(5) Authorize the Mayor and City Clerk to execute the Professional Services and
Construction Agreements, subject to approval as to form by the City Attorney.
FISCAL IMPACT: None
Amount Budgeted: $2,229,400
Additional Appropriation: N/A
Account Number(s): 330-3031-461-73-00
ORIGINATED BY: Ron Dragoo, PE, Principal Engineer -
REVIEWED BY: Michael Throne, PE, Director of Public Works -{1�
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Public Works Agreement - Hardy and Harper, Inc. (page A-1)
B. Professional Services Agreement - Anderson Pena Partners, Inc. (page B-1)
C. Proposal - Anderson Pena Partners, Inc. (page C-1)
D. Project Location Map (page D-1)
BACKGROUND AND DISCUSSION:
Every year, the City implements a Residential Street Rehabilitation Project as part of its
Street Improvement Program. This current project includes Area 2, which is
approximately bordered by Hawthorne Boulevard to the east; the City boundary to the
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west; Monero Drive to the north; and Ocean Crest Drive/Verde Ridge Road to the south
(Attachment D). The scope of this work includes localized asphalt replacement for
portions of the streets that have been damaged by root intrusion or other causes;
concrete curb and gutter repair; new Americans with Disabilities Act (ADA) access
ramps; concrete sidewalk repair; and crack sealing to prepare the streets for slurry seal,
which will follow as a separate project (Residential Street Rehabilitation Project, Phase
II, Area 2 — Concrete Asphalt Repairs). During construction, Construction Management
services and Inspection services are required to monitor work in the field, to ensure
work is progressing and to safeguard the public. To that end, Staff is requesting
professional services for Construction Management and Inspection services.
Construction Contract
The project was publicly advertised and sealed bids were received and opened on April
26, 2016. Hardy & Harper, Inc., submitted the lowest responsible bid out of the eight
bids received. The following table summarizes the bids received:
BID SUMMARY
Construction Companies
Bid Amount
Hardy & Harper, Inc.
$1,789,000.00
Sequel Contractors, Inc.
$1,866,316.00
Nobest, Inc.
$2,020,086.00
Sully Miller Contracting Company
$2,049,896.00
Excel Paving Company, Inc.
$2,124,786.00
All American Asphalt, Corp.
$2,287,000.00
Sialic Contractors Corp, dba Shawnan
$2,373,679.00
COPP Contracting, Inc.
$2,658,042.80
Staff has verified Hardy & Harper, Inc.'s references and found their past performance on
jobs of similar size and scope to be satisfactory. Hardy & Harper, Inc. has performed
similar work for several agencies throughout Southern California, including the City of
Norco, City of Rancho Cucamonga, and City of Simi Valley. Their bid, bonds, and
insurance documents are in order and their contractor's license is current.
Construction Management/Inspection Services
Consulting services are needed for construction management and inspection of this
project. Staff issued an RFP for these services and received four responses. The
proposals were evaluated, and Anderson Penna Partners, Inc. was chosen to provide
the services. The cost of services were negotiated. Accordingly, Staff is recommending
awarding a Professional Services Agreement to Anderson Pena Partners, Inc. in the
amount of $259,453.
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ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Direct Public Works to prepare a request for proposals from other
consulting firms.
2. Take other action related to this item.
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CITY OF RANCHO PALOS VERDES
PUBLIC WORKS AGREEMENT
Residential Street Rehabilitation Project, Phase I, Area 2 — Concrete Asphalt Repairs
THIS AGREEMENT ("Agreement") is made and entered this 17th day of May, 2016, by and between the
CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Hardy & Harper,
Inc., a California corporation ("Contractor"). Contractor's license number is 215952.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
Scope of Services. Contractor shall perform the work and provide all labor, materials,
equipment and services in a good and workmanlike manner for the project identified as the
Residential Street Rehabilitation Project, Phase I, Area 2 — Concrete Asphalt Repairs
(Project), as described in this agreement and in the Contract Documents (including Notice
Inviting Bids, the Instructions to Bidders, the Proposal, the General Provisions, the Special
Provisions, Appendices I through VI, the Plans and all addenda prepared prior to the date of
bid opening setting forth any modifications or interpretations of any said documents), which are
attached hereto as Exhibit "A" and incorporated herein by this reference, including
miscellaneous appurtenant work. All work shall be performed in accordance with the 2012
edition of the Standard Specifications for Public Works Construction (commonly known as the
"Greenbook") published by Public Works Standards Inc. (collectively "Standard
Specifications"), which is 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.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted
by the Contractor, shall be paid for underwritten work order in accordance with the terms
therein provided. Payment for extra work will be made at the unit price or lump sum previously
agreed upon in writing between the Contractor and the Director of Public Works. All extra work
shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director
of Public Works, and signed by both parties, and said daily report shall be considered
thereafter the true records of extra work done.
3. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full
force and effect until Contractor has rendered the services required by this Agreement.
4. Time. Time is of the essence in this Agreement.
5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance
under this Agreement due to causes beyond its control, including but not limited to acts of God,
acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics,
earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather,
and supplier delays due to such causes. Neither economic nor market conditions nor the
financial condition of either party shall be considered a cause to excuse delay pursuant to this
Section. Each party shall notify the other promptly in writing of each such excusable delay, its
cause and its expected delay, and shall upon request update such notice.
6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor
a not to exceed amount of One million seven hundred eighty nine thousand dollars
($1,789,000) plus a contingency of one hundred seventy eight thousand nine hundred dollars
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($178,900) in accordance with the prices as submitted in Contractor's Proposal, attached
hereto as Exhibit "B" and incorporated herein by this reference.
7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and
properly submitted payment request from Contractor. City shall return to Contractor any
payment request determined not to be a proper payment request as soon as practicable, but
not later than seven (7) days after receipt, and shall explain in writing the reasons why the
payment request is not proper.
A payment shall be made as the City Council of the City prescribes upon estimates approved by
the City Council. However, progress payments shall not be made in excess of ninety-five percent
(95%) of the percentage of actual work completed plus a like percentage of the value of material
delivered on the ground or stored subject to, or under the control of, the City, and unused. The
City shall withhold not less than five percent (5%) of the Agreement price until final completion
and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been
completed, if the City Council of the City finds that satisfactory progress is being made, it may, at
its discretion, make any of the remaining progress payments in full for actual work completed.
8. Substitute Security.
A. At the written request and expense of Contractor, securities equivalent to any moneys
withheld by the City to ensure performance under this Agreement shall be deposited with
the City, or with a state or federally chartered bank in the State of California as the escrow
agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of
the Agreement, the securities shall be returned to Contractor.
B. Alternatively, Contractor may request that the City shall make payment of retentions
earned directly to the escrow agent at the expense of Contractor. At the expense of
Contractor, Contractor may direct the investment of the payments into securities, and
Contractor shall receive the interest earned on the investments upon the same terms
provided for securities deposited by Contractor. Upon satisfactory completion of the
Agreement, Contractor shall receive from the escrow agent all securities, interest, and
payments received by the escrow agent from the City, pursuant to the terms of this
Section.
C. Securities eligible for investment shall include those listed in California Government Code
Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand
deposit accounts, standby letters of credit, or any other security to which Contractor and
the City mutually agree in writing. Contractor shall be the beneficial owner of any
securities substituted for moneys withheld and shall receive any interest thereon.
D. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall,
at the request of any subcontractor performing more than five percent (5%) of Contractor's
total bid, make that option available to the subcontractor regarding any moneys withheld
in retention by Contractor from the subcontractor. Further mandatory details are provided
in Public Contract Code Section 22300(d), which is incorporated herein by this reference.
E. The escrow agreement for security deposits in lieu of retention shall be substantially
similar to the form provided in Public Contract Code Section 22300(f), which is
incorporated herein by this reference.
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9. Taxes. Contractor shall calculate payment for all sales, unemployment, old age pension and
other taxes imposed by local, State of California and federal law. These payments are included
in the total amounts in Exhibit "B."
10. Audit. The City or its representative shall have the option of inspecting and/or auditing all records
and other written materials used by Contractor in preparing its billings to the City as a condition
precedent to any payment to Contractor. Contractor will promptly furnish documents requested
by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at
the request of the City or as part of any audit of the City, for a period of three (3) years after final
payment under this Agreement.
11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor
regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease
or increase in Contractor's cost of or time required for performance of any part of the work,
Contractor shall not be excused from any scheduled completion date provided for by the
Agreement, but shall proceed with all work to be performed under the Agreement. Contractor
shall retain any and all rights provided that pertain to the resolution of disputes and protests
between the parties. In the event of any dispute or controversy with the City over any matter
whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed
with the performance of the work in dispute. This includes disputed time extension requests and
prices for changes. The disputed work will be categorized as an "unresolved dispute" and
payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor
shall keep accurate, detailed records of all disputed work, claims and other disputed matters.
Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter
3.24 ("Claims Against the City") shall govern the procedures of the claim process, and these
provisions are incorporated herein by this reference.
12. Termination. This Agreement may be canceled by the City at any time with or without cause
without penalty upon thirty (30) days' written notice. In the event of termination without fault of
Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of
termination as determined by the City, and such payment shall be in full satisfaction of all services
rendered hereunder.
13. Indemnity.
a. Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, successors, assigns, and those City agents serving as independent contractors in
the role of City officials (collectively "Indemnitees") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, proceedings, suits, losses, bid
protests, stop notices, judgments, fines, liens, penalties, liabilities, costs and expenses of
every kind and nature whatsoever, in any manner arising out of or incident to any act,
failure to act, error or omission of Contractor or any of its officers, agents, servants,
employees, subcontractors, materialmen, suppliers or their officers, agents, servants or
employees, arising out of the Agreement, including without limitation, the payment of all
consequential damages, attorneys' fees, experts' fees, and other related costs and
expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall
appoint competent defense counsel approved by the City Attorney at Contractor's own
cost, expense and risk, to defend any and all such Claims that may be brought or instituted
against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that
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may be rendered against Indemnitees in any such Claim. Contractor 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. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor
or Indemnitees. This indemnity shall apply to all Claims regardless of whether any
insurance policies are applicable.
b. Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall
reimburse the City for all attorneys' fees and costs incurred by City in connection with,
arising out of or incident to any bid protest.
c. Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass
Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code section 2782(a) or the City's active negligence to the
limited extent that the underlying Agreement is subject to Civil Code section 2782(b).
d. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may
possess against Contractor because the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive
negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any
such negligence.
e. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation and contribution against the
Indemnitees, while acting within the scope of their duties, from all Claims arising out of or
incident to the activities or operations performed by or on behalf of the Contractor
regardless of any prior, concurrent or subsequent active or passive negligence by
Indemnitees.
f. Survival. The provisions of this Section 13 shall survive the termination of this Agreement
and are in addition to any other rights or remedies that Indemnitees may have under the
law. Payment is not required as a condition precedent to an Indemnitee's right to recover
under this indemnity provision, and an entry of judgment against a Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
14. Incorporation by Reference. All of the following documents are attached hereto and
incorporated herein by this reference: Insurance Requirements for the City of Rancho Palos
Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Additional
Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement
(Automobile Liability); and Additional Insured Endorsement (Excess Liability).
15. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the
City all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with
Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising
from purchases of goods, services, or materials pursuant to the Agreement. This assignment
shall be made and become effective at the time the City tenders final payment to Contractor
without further acknowledgment by the parties.
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16. Trenching and Excavations. If the project involves trenching more than four (4) feet deep,
Contractor shall promptly and before the following conditions are disturbed notify the City in
writing of any: material that Contractor believes may be material that is hazardous waste, as
defined in California Health and Safety Code Section 25117, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law;
subsurface or latent physical conditions at the site differing from those indicated; or unknown
physical conditions at the site of any unusual nature, different materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for in the
Agreement. The City shall promptly investigate the conditions, and if the City finds that the
conditions do materially differ or do involve hazardous waste and cause a decrease or increase
in Contractor's cost of or the time required for performance of any part of the work, the City shall
issue a change order.
17. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and
incorporates that section herein by this reference.
18. Location of Existinq Elements. The methods used and costs involved to locate existing
elements, points of connection and all construction methods are Contractor's sole responsibility.
Accuracy of information furnished, as to existing conditions, is not guaranteed by the City.
Contractor, at its sole expense, must make all investigations necessary to determine locations
of existing elements, which may include, without limitation, contacting U.S.A. Alert and other
private underground locating firm(s), utilizing specialized locating equipment and/or hand
trenching.
19. Independent Contractor. Contractor 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 Contractor or any of the Contractor's employees, except as herein set forth, and Contractor 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 at the Contractor wishes except
as expressly provided in this Agreement. Contractor shall have no power to incur any debt,
obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf
of the City as an agent. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments,
penalties, and interest asserted against the City by reason of the independent contractor
relationship created by this Agreement. Contractor shall fully comply with the workers'
compensation law regarding Contractor and its employees. Contractor further agrees to
indemnify and hold the City harmless from any failure of Contractor to comply with applicable
workers' compensation laws. The City shall have the right to offset against the amount of any
compensation due to Contractor under this Agreement any amount due to the City from
Contractor as a result of its failure to promptly pay to the City any reimbursement or
indemnification arising under this Section.
20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which
prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is
attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal
day's work.
21. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees. In
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accordance with the provisions of California Labor Code Section 1861, the Contractor hereby
certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to under- take self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
22. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting
Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by
this reference.
23. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any
individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or
condition of disability. Contractor understands and agrees that it is bound by and will comply
with the nondiscrimination mandates of all statutes and local ordinances and regulations.
24. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout
the duration of this Agreement. Contractor shall not perform work with debarred subcontractor
pursuant to California Labor Code Section 1777.1 or 1777.7.
25. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws,
ordinances, codes and regulations in force at the time Contractor performs pursuant to this
Agreement.
26. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount
that is not less than the total compensation amount of this Agreement, and nothing in this
Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond
(Labor and Materials) and Performance Bond are attached hereto and incorporated herein by
this reference.
27. Contractor's Representations. Contractor represents, covenants and agrees that: a)
Contractor 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 of any kind that will limit or prevent its full
performance under this Agreement; c) there is no litigation pending against Contractor, and
Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's
actual knowledge, neither Contractor nor its personnel have been convicted of a felony.
28. Conflicts of Interest. Contractor 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 Contractor "financially interested," as provided in
Government Code Section 1090 and 87100, in any decisions made by City on any matter in
connection with which Contractor has been retained pursuant to this Agreement.
29. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim
relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any
third -party claim relating to the Agreement. City shall be entitled to recover its reasonable costs
incurred in providing this notice.
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30. Non -Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this
Agreement nor any part thereof, whether by assignment or novation, without the City's prior
written consent. Any purported assignment without written consent shall be null, void, and of no
effect, and Contractor 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 or relating to any unauthorized assignment.
31. Applicable Law. The validity, interpretation, and performance of this Agreement shall be
controlled by and construed under the laws of the State of California, excluding California's
choice of law rules. Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
32. Titles. The titles used in this Agreement are for convenience only and shall in no way define,
limit or describe the scope or intent of this Agreement or any part of it.
33. Authority. The person executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of Contractor
and has the authority to bind Contractor to the performance of its obligations hereunder.
34. Entire Agreement. This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between City and Contractor.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be modified or amended, nor any provision or breach waived, except
in a writing signed by both parties which expressly refers to this Agreement.
35. 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.
36. 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
Contractor 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 Contractor, 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.
37. 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 Contractor's or City's regular
business hours or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses listed below, or at such other address as one party may notify
the other.
To CITY:
Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
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To CONTRACTOR:
The address listed in Exhibit "B."
38. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or
both, each of which is deemed to be an original for all purposes.
39. 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.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
Carla Morreale, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a municipal
corporation
Ken Dyda, Mayor
CONSULTANT:
Hardy & Harper, Incorporated
By: Fred T. Maas, Jr.
Name:
Title:
By: President, Treasurer
Name:
Title:
Address: 1312 E. Warner Ave.
Santa Ana, CA 92705
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
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
ANDERSONPENNA PARTNERS, INC.
for
CONSTRUCTION MANAGEMENT, INSPECTION, AND MATERIAL TESTING
SERVICES FOR THE RESIDENTIAL STREETS REHABILITATION PROJECT —
AREA 2
01203.0006/296433.1 - 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
ANDERSONPENNA PARTNERS, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 17th day of May, 2016 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and AndersonPenna Partners, Inc., ("Consultant"). City
and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work" hereunder. As a material inducement to the City entering into this Agreement,
Consultant represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards" shall
01203.0006/296433.1 _ 2 B 2
mean those standards of practice recognized by one or more first-class firms performing similar
work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
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 this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
01203.0006/296433.1 - 3 B - 3
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither parry shall be responsible
for the service of the other.
1.8 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 costs 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 or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
contractors. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.9 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.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed Two Hundred Forty Nine Thousand Four Hundred fifty Three
Dollars ($249,453.00) (the "Contract Sum"), unless additional compensation is approved
pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
01203.0006/296433.1 _ 4 B _ 4
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 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, or as provided in Section 7.3, 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 City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
01203.0006/296433.1 - 5 B - 5
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
one hundred eighty (18 0) days cumulatively.
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 one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
«D„
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
01203.0006/296433.1 - 6 B - 6
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, 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, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo, Principal Engineer or Michael Throne,
Director of Public Works or such person as may be designated by the City Manager. It shall be
the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress
of the performance of the services and the Consultant shall refer any decisions which must be
made by City to the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall
have authority, if specified in writing by the City Manager, to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement.
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 herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
01203.0006/296433.1 _ % B 7
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment. _
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then
the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87,) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any
automobile.
01203.0006/296433.1 - 8 B 8
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5 -year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
(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.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure to
comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL
01203.0006/296433.1 - 9 B 9
THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is
required to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be
provided to City.
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, or 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, and in connection therewith:
-10- B _ 10
01203.0006/296433.1
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best
Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the Risk Manager of the
City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3
years duration, or in the event the risk manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 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
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01203.0006/296433.1 6
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. 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. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to 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 City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. 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.
01203.0006/296433.1 -12- B- 12
6.4 Confidentialitv 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 City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors,
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 City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its
officers, employees, agents or subcontractors 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 there under. 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 City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 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, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. 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.
7.2 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, though not
01203.0006/296433.1 -13- B- 13
reduced, 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. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision or a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any
right or remedy by a non -defaulting party on any default shall impair such right or remedy or be
construed as a waiver. 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.
7.5 Rights and Remedies are Cumulative.
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.
7.6 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 claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
01203.0006/296433.1 -14- 6 - 14
7.7 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, except as provided in Section 7.3. 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. 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.
7.8 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.
7.9 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 may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liabili . 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
-15- B- 15
01203.0006/296433.1
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 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 insure 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.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
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
-16- B- 16
01203.0006/296433.1
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.
9.2 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.
9.3 Counterparts.
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.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. 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. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Consultant and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in 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 phrases, sentences, clauses, paragraphs, or sections 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.
9.6 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
-17- B- 17
01203.0006/296433.1
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 parry 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.
Consultant's Authorized Initials
9.7 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 FOLLOWING PAGE]
-18- B- 18
01203.0006/296433.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
, Mayor
CONSULTANT:
ANDERSONPENNA PARTNERS, INC.
By:
Name:
Title:
Lo
Name:
Title:
Address: 3737 Birch, 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.
01203.0006/296433.1 -19- B- 19
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 , 2016 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized 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.
WITNESS my hand and official seal.
Signature:
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
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/296433.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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 , 2016 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized 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.
WITNESS my hand and official seal.
Signature:
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
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/296433.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
B-21
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
CONSTRUCTION MANAGEMENT SERVICES
A. Oversee Inspection and Manage Project Construction
B. Review Daily Inspection Reports prior to submittal to City
C. Review Weekly Statement of Working Days prior to submittal to City
D. Assist in the review and processing of Request for Information, Change Orders,
approved Time and Material work, and Submittals.
E. Ensure Compliance of work performed with specs
F. Attend Weekly Progress Meetings
G. Attend Pre -Construction Meeting
H. Serve as liaison between City and construction contractor
I. Respond to resident concerns in a timely fashion
J. Final Deliverables
INSPECTION SERVICES
K. Inspect work for compliance with specs at all times work is in progress
L. Prepare Daily Inspection Reports
M. Prepare Weekly Statement of Working Days
N. Assist staff with public relations during construction
O. Attend Pre -Construction Meeting
P. Develop a final punch list
MATERIALS TESTING SERVICES
Q. AC Overlay Testing
01203.0006/296433.1
6-22
R. Slurry Seal Testing
S. SubgradeBase
T. Concrete
U. Final Deliverables
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Provide Photographs: Photographs of the work site prior, during and after
construction.
B. Create daily inspection reports during construction operations to be delivered to
the City weekly on Friday afternoons.
C. Create Weekly Statement of Working Days starting at the Notice to Proceed
construction date for the project. Statement to be delivered to the City weekly on
Friday Afternoons.
D. Provide construction management oversight and periodic prevailing wage
verification including project closeout assistance required to finalize the project.
E. All lab test results in a comprehensive notebook binder upon completion of the
project.
F. As needed Requests for Information documents, Change Order documents,
approved Time and Material work documents, and Submittal documents.
G. Provide Meeting Agendas as needed.
H. Provide Meeting Minutes within two business days of the meeting.
I. Develop punch list when contractor believes he finished construction work.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant will provide a weekly summary of daily inspection reports including a
summary of any prevailing wage interviews that were conducted.
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.
01203.0006/296433.1
B-23
V. Consultant will utilize the following personnel to accomplish the Services:
A. Dino D'Emilia, PE, QSD; Principal -in -charge
B. Bob Merrell, PE; Construction Manager
C. Ed Pratt; Primary Inspector
D. LaBelle Marvin; Materials Testing
01203.0006/296433.1
AM
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None.
01203.0006/296433.1
B-25
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB -BUDGET
Item 1— Construction Management Services
(a) Oversee Inspection and Manage
$160/Hr.
251 Hrs.
$40,160
Project Construction
(b) Review Daily Inspection Reports
$160/Hr.
80 Hrs.
$12,800
prior to submittal to City
(c) Review Weekly Statement of
Working Days prior to submittal to
$160/Hr.
10 Hrs.
$1,600
City
(d) Assist in the review and
processing of Request for
Information, Change Orders,
$160/Hr.
20 Hrs.
$3,200
approved Time and Material work,
and Submittals.
$118/Hr.
10 Hrs.
$1,180
$80/Hr.
24 Hrs.
$1,920
(e) Ensure compliance of work
$160/Hr.
20 Hrs.
$3,200
performed with specs
(f) Attend Weekly Progress
$160/Hr.
40 Hrs.
$6,400
Meetings
$118/Hr.
10 Hrs.
$1,180
(g) Attend Pre -Construction Meeting
$160/Hr.
4 Hrs.
$640
(h) Serve as liaison between City
$160/Hr.
40 Hrs.
$6,400
and construction contractor
01203.0006/296433.1
•
(i) Respond to resident concerns in a
timely fashion
$160/Hr.
70 Hrs.
$11,200
0) Final Deliverables
$160/Hr.
10 Hrs.
$1,600
Subtotal CM Services
Item 2 - Inspection Services
(k) Inspect work for compliance
with specs at all times work is in
progress
$118/Hr.
550 Hrs.
(1) Prepare Daily Inspection Reports
$118/Hr.
80 Hrs.
(m) Prepare Weekly Statement of
Working Days
$118/Hr.
32 Hrs.
(n) Assist staff with public relations
during construction
$160/Hr.
40 Hrs.
$118/Hr.
8 Hrs.
(o) Attend Pre -Construction Meeting
$118/Hr.
4 Hrs.
(p) Develop a final punch list
$160/Hr.
8 Hrs.
$118/Hr.
8 Hrs.
Subtotal Inspection Services
Item 3 - Materials Testing Services
(q) AC Overlay Testing
$118/Hr.
4 Hrs.
$2,465/14r.
5 Hrs.
(r) Slurry Seal Testing
$118/Hr.
4 Hrs.
$2,856/Hr.
18 Hrs.
(s) Subgrade/Base
$118/Hr.
4 Hrs.
$80/Hr.
8 Hrs.
(t) Concrete
$118/Hr.
4 Hrs.
(u) Final Deliverables
$160/Hr.
2 Hrs.
$118/Hr.
2 Hrs.
01203.0006/296433.1
6-27
$70/Hr. 8 Hrs.
Subtotal MT services
TOTAL SERVICES
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 1.8.
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 personnel describing 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 $249,453.00 as provided in
Section 2.1 of this Agreement.
VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1.
01203.0006/296433.1
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be
developed by Consultant and subject to the written approval of the Contract Officer
and the City Attorney's office.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Provide Photographs: Photographs of the work site prior, during and after
construction. Pictures are to be included in daily inspection reports.
B. Create daily inspection reports during construction operations to be delivered to
the City weekly on Friday afternoons.
C. Create Weekly Statement of Working Days starting at the Notice to Proceed
construction date for the project. Statement to be delivered to the City weekly on
Friday Afternoons.
D. Provide construction management oversight and periodic prevailing wage
verification including project closeout assistance required to finalize the project.
E. All lab test results in a comprehensive notebook binder upon completion of the
project. Notebook binder is to be submitted to the City within two weeks of
Construction Completion.
F. As needed Requests for Information documents, Change Order documents,
approved Time and Material work documents, and Submittal documents.
G. Provide Meeting Agendas as needed.
H. Provide Meeting Minutes within two business days of the meeting.
I. Develop punch list when contractor believes he finished construction work. This
item will be consistent with the construction contractor's schedule.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/296433.1
Proposal to Provide
Professional Construction Management, Inspection and Materials Testing Services
for the
City's Residential Streets
Rehabilitation Project
City of Rancho Palos Verdes
April 28, 2016
Submitted by:
dw /�
ANDERSON • PENNA
• PARTNERS IN PROJECT DELIVERY
3737 BIRCH STREET, SUITE 250
NEWPORT BEACH, CA 92660
(949) 428 1 500
WWW.ANDPEN.COM
C-1
-\
ANDERSON •PENNA
• PARTNERS IN PROJECT DELIVERY
April 28, 2016
Lea Reis, Project Manager
City of Rancho Palos Verdes
Department of Public Works
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Subject: Proposal for Professional Construction Management, Inspection and Materials Testing Services for
the City's Residential Streets Rehabilitation Project - Area 2
Dear Lea:
AndersonPenna Partners, Inc. (APP) welcomes this opportunity to continue offering the City of Rancho Palos Verdes (City) a
highly qualified construction management (CM), inspection and materials testing team for the successful delivery of the City's
Residential Streets Rehabilitation Project. APP has been fortunate to partner with the City to deliver several significant
projects intended to improve the public's quality of life. As a result, APP is very familiar with the City's standard operating
policies and procedures and has been providing similar services for the City since 2010.
Recent successful completion of APP projects for the City include: Residential Streets Rehabilitation Project for Year 2013-14,
Area 9; Fiscal Year 12-13 Annual Sidewalk Repair Project and the Residential Streets Improvement Project, Phases 1 and 2
Fiscal Year 11-12, Area 3 and Area 5A Project; Miraleste Plaza Storm Drain; and the Palos Verdes Drive South Rehabilitation
Project. APP has also recently and/or currently providing construction management and inspection services to many Southern
California local agencies, including the Cities of Burbank, Torrance, Carson, Irvine, Manhattan Beach, Newport Beach, Laguna
Beach, Laguna Hills, Lake Forest and Tustin. Our team members have also provided various similar services to the Cities of
Santa Monica, Los Angeles, Hermosa Beach, Anaheim, Inglewood, and Carlsbad.
The APP Team has exceptional and relevant experience to continue providing comprehensive construction management,
inspection, and materials testing services that will result in a streamlined project experience. Our team members continue to
be assigned because their qualifications and experience are specifically relevant to the City's Residential Street Rehabilitation
Project. By selecting the APP team, the City will be partnered with:
• A principal -in -charge with a personal stake in the local and public works community and excellent history
of success delivering construction management and inspection services in cities throughout Southern California
• A highly experienced construction manager with extensive experience delivering identical services on similar
projects for the City of Rancho Palos Verdes.
• A full time inspector that is extensively knowledgeable with street rehabilitation, with extensive public
relations in the City of Rancho Palos Verdes also the prime inspector earlier last year for the City.
• A firm with an exceptional track record in the City of Rancho Palos Verdes and throughout Southern
California.
Our team has the proven capabilities required to successfully address this project's many critical elements, such as minimizing
public inconvenience, effectively redirecting traffic and improving aesthetics. The APP Team includes the following
subconsultant, La Belle Marvin, Inc. recognized as a leader in the industry, with current, relevant experience on similar street
3737 BIRCH STREET, SUITE 250 • NEWPORT BEACH, CA 902660 WWW.ANDPEN.COM
PHN 949 428 1 500 • FAX 949 258 5053 CERTIFIED DBE
C-2
City of Rancho Palos Verdes
April 28, 2016 ANDERSON • PENNA %
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rehabilitation projects in Southern California. APP has worked with this firm on several projects and will therefore be able to
provide a seamless work product to the City.
AndersonPenna's contractual contact during the proposal period is:
Mr. Dino D'Emilia, PE, QSD
Vice President, Construction Services
AndersonPenna Partners, Inc.
3737 Birch Street, Suite 250, Newport Beach, CA 92660
Cell: (714) 458-0703, Email: ddemilia@andpen.com
The APP team is excited about this opportunity to perform comprehensive construction management, inspection and
materials testing services for the City of Rancho Palos Verdes. If you have any questions or require additional information,
please feel free to contact me at (714) 458-0703 or by email at ddemilia@andpen.com or Bob Merrell at (714) 875-5917 or
bmerrell@andpen.com.
We look forward to being invited to further discuss our team's qualifications and to continue working with the City on the
successful delivery of this very significant project.
Respectfully submitted,
AndersonPenna Partners, Inc.
Dino P. D'Emilia, PE, QSD Bob Merrell, PE
Vice President, Construction Services Construction Manager
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
Table of Contents
Cover Letter
1. Team Qualifications and Experience............................................................................................................................................1
OrganizationChart.................................................................................................................................................................1
Resumes.................................................................................................................................................................................. 2
2. Similar Project Experience............................................................................................................................................................8
3. Firm Qualifications.....................................................................................................................................................................13
AndersonPennaPartners, Inc...............................................................................................................................................13
Subconsultant (Materials Testing).......................................................................................................................................14
4. Project Understanding and Approach........................................................................................................................................16
ProjectUnderstanding..........................................................................................................................................................16
ProjectApproach..................................................................................................................................................................16
CriticalIssues.........................................................................................................................................................................17
Scopeof Work.......................................................................................................................................................................18
Construction Management Services.....................................................................................................................................18
InspectionServices...............................................................................................................................................................23
MaterialsTesting Services....................................................................................................................................................25
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C - A ANDERSON-PENNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
1. Team Qualifications and Experience
Principal -in -charge — Dino D'Emilia, PE, QSD: With over 30 years of experience on similar assignments for a variety of
local agencies, Dino will provide principal oversight for this project. Dino has completed numerous similar assignments
throughout Southern California including: Flower Street Pavement Rehabilitation Project, Downey Avenue Pavement
Rehabilitation and the West Branch Greenway Landscape Improvements Projects for the City of Bellflower, the 2013 Street
Rehabilitation Project and Midwick Tract Street Improvements Project for the City of Alhambra, La Cienega Boulevard and
Fairview Boulevard for City of Inglewood, the Crenshaw Boulevard Rehabilitation (182nd Street to 190th Street) for the City
of Torrance, to name a few. Dino's extensive experience performing similar services for many Southern California cities on
similar projects is illustrated in his resume on the following page.
Construction Manager, Bob Merrell PE brings more than 30 years of experience in design, project/ construction
management and inspection for a wide variety of infrastructure improvement projects. Bob has had the opportunity to
provide services on many diversified engineering assignments for the City of Rancho Palos Verdes starting with the
completion of the design and construction management of the Silver Spur Road rehabilitation in the early 1990's. That
project was followed by the successful achievement of the design and construction management, including inspection, for
the Annual Residential Street Rehabilitation program for several annual cycles. During that period, over 100 streets were
rehabilitated to varying degrees but most of them were overlaid. All of these projects were managed and/or inspected by
Bob. He also designed and provided construction management and inspection for a portion of Palos Verdes Drive East above
PVDS, the reconstruction of 25th Street at the City limits and the reconstruction of Palos Verdes Drive South through
Portuguese Bend. Bob has also completed a number of drainage improvement projects throughout the City over the
years as well.
Ed Pratt, is proposed as the primary inspector for the project. Ed has more than 30 years of public works infrastructure
construction and inspection experience, including asphalt concrete pavement rehabilitation, traffic signal installation and
upgrade, as well as virtually every type of improvement in the public right of way. He has extensive recent experience
performing identical services for the City of Rancho Palos Verdes on the Fiscal Year 12-13 Annual Sidewalk Repair Project and
the Residential Streets Improvement Project, Phases 1 and 2 Fiscal Year 11-12,
Area 3 and Area 5A Projects and the Palos Verdes Drive East project.
His background includes construction management, construction
supervision, public works inspection, expert witness
representation, change order processing,
schedule tracking, and municipal bidding
processes. He is exceptionally well versed
at monitoring and requiring
compliance on traffic control, work
site safety and NPDES/SWPPP.
Organization Chart
The APP Team's in depth relevant
experience to the Residential Streets
Rehabilitation Project is illustrated in
our team members resumes
beginning on the following page.
Liq RANCHO PALOS VERDES
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
Resumes
Dino P. D'Emilia, Dino P. D'Emilia, PE, QSD brings 30 years of project and construction management
PE9 QSD experience as well as civil engineering on a wide array of public works projects
including construction management of roadways, railroads, bridges, public building
Principal -in -charge facilities, police and fire facilities, parks, landscape, utilities, drainage and flood
Education control, highway, and toll facilities.
BS/1991/Civil Engineering, During his career, Dino has participated in both the detailed aspects of project
Northeastern University controls management and the oversight of construction management teams
Professional Registrations responsible for delivering of over $0.75 -billion in public improvements for local
1996/PE/CA #55453 agencies. Dino is well known in Southern California as a "hands on" CM with
knowledge of public contract administration, federally funded construction contract
Qualified SWPPP Developer administration and Caltrans Local Assistance Procedures Manual expertise.
(QSD)/Qualified SWPPP Practitioner
(QSP): Certification #C55453 RELEVANT EXPERIENCE
Professional Affiliations
Flower Street Pavement Rehabilitation Project, City of Bellflower, CA.
APWA So. CA Chapter
Principal -in -charge for construction management, inspection services and labor
So. CA Chapter, 2004
compliance oversight for the Flower Street Rehabilitation Project that spans from
President and 2012 Congress
130' west of Hayter Avenue to Woodruff Avenue. The improvements include
Finance Chair
Fina
pavement rehabilitation, sidewalk, curb and gutter, traffic loops and signing and
City and County Engineer's
striping. The project is federally funded project and will adhere to reporting, labor
Association
compliance, and Buy America requirements. The construction management
CMAA and ASCE
processes and contract administration procedures closely adhered to Chapter 16 of
Chi Epsilon, 1990 -present
the Caltrans Local Assistance Procedures Manual.
Honors and Awards
Carson Street Master Plan, Carson Successor Agency, City of Carson, CA.
Top Leader - Private Sector, APWA
Principal -in -charge for construction management services for the Carson Street
So. CA Chapter, 2004
Master Plan. The project extends from the San Diego (1-405) Freeway to the westerly
President's Chapter Service Award,
terminus boundary of Carson, near Harbor (1-110) Freeway. The proposed
APWA So. CA Chapter, December,
construction contract time allows 425 calendar days and the engineer's estimate of
2004
probable construction costs is $17,000,000. The project is funded by an Agency bond.
The project improvements include extensive colorful, drought -tolerant landscaping
Years of Experience
in parkways and medians, street furniture (benches, bike racks, and pedestrian
Entered the profession in 1983
lights), public art, entry monuments, a new traffic signal, reconfiguration of turn
lanes, reconstruction of driveways for ADA compliance, and retrofitting median lights
with LED lights.
2013 Street Rehabilitation Project and Midwick Tract Street Improvements Project, City of Alhambra, CA.
Principal -in -charge for inspection of the $3.2 -million pavement rehabilitation projects for the City of Alhambra located over
the Midwick Tract. Improvements consisted of traffic control, survey and monumentation, installation of BMP's, removal of
existing curb and gutter, removal of sidewalk, removal of existing pavement, installation of new base course over 6" CMB,
tapered cold milling, installation of 1" leveling course, installation of 2" ARMM-GG pavement overlay, adjustment of utility
accesses, adjustment to manholes, striping restoration, installation of traffic detector loops, removal and replacement of full
depth AC pavement, installation of crack seal and the application of slurry seal.
La Cienega Boulevard and Fairview Boulevard, City of Inglewood, CA. Resident engineer responsible for this $600,000
project providing construction management and inspection services for the La Cienega Boulevard and Fairview Boulevard
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project — Area 2
Improvement Project is to improve traffic safety and ease congestion. This project involves the widening of Fairview
Boulevard between La Cienega Boulevard and la Tijera Boulevard, the construction of dedicated right and left turn pockets at
Fairview Boulevard and La Cienega Boulevard, traffic signal improvements and modifications at the intersection of La Cienega
and Fairview Boulevard. Project improvements also include masonry retaining walls supported by concrete footings, concrete
sidewalk and driveway, ramps, cross gutters, curb and gutters, pavement resurfacing, striping. The geotechnical aspects of
this project consist of rough grading, road excavation and compaction, asphalt paving over compacted base, and subgrade
preparation. The project is funded by the American Reinvestment Act (ARRA).
Crenshaw Boulevard Rehabilitation (182nd Street to 190th Street), City of Torrance, CA. Principal-in-
charge/construction manager responsible for this $1.6 -million, federally funded roadway rehabilitation and landscape
improvement project. Work generally involved removal and replacement of deep lift paving sections, grind and overlay of the
street limits using Asphalt Rubber Hot Mix (ARHM), hardscape and landscape improvements. The project utilized federal
funds, requiring contract administration and project/documents controls in strict adherence to the Caltrans Local Assistance
Procedures Manual.
Williams and Oris Alleys Paving Improvement Projects - Compton Alleys, City of Compton, CA. Principal -in -charge
responsible for project and construction management for Oris and Williams Alley street improvement projects, combined
totaling $515,370. Work generally involved construction of paving, curb and gutter, alley approaches, handicap ramps,
sidewalk replacement, and related construction work in addition to signage and pavement marking to complete the project.
All work related to the adjustment of utility covers, valve and meter boxes affected by Contract work.
Eshelman Avenue Water Main Replacement and Pavement Rehabilitation, City of Lomita, CA. Construction
manager for this $1.6 -million water main replacement and roadway rehabilitation project. Waterline improvements included
construction of an 8" PVC water main on Eshelman Avenue between Pacific Coast Highway and Lomita Boulevard, including
installation of new fire hydrants, service laterals, valves, blow -offs, air release valves and associated water appurtenances to
replace the existing 6" undersized ductile iron water main. The project also includes pavement rehabilitation and striping of
Eshelman Avenue within the project limits. Paving operations included cold milling of the entire roadway on Eshelman
Avenue from Lomita Boulevard to Pacific Coast Highway. Inspection of ground surface resulted in elimination of all proposed
crack sealing. The paving section consisted of a 3/a inch leveling course, 3/8" chip seal and 2-1/2 inch ARHM overlay.
Appurtenant work involved manhole and valve adjustments, thermoplastic striping, traffic loop replacement. The project
required a Caltrans Encroachment permit for traffic control and paving operations within the State ROW at PCH.
Broadway (SR -133) Streetscape Improvements (CIP Project No. 249), City of Laguna Beach, CA. Resident engineer
responsible for this $321,000 federally funded landscaping and scenic beautification project that includes storm drain,
hardscape, landscape and irrigation, public art and pedestrian improvements along Broadway Street/SR-133 from Cliff Drive
to Forest Avenue. This primary route between the City and the SR -73 and 1-405 carries substantial vehicular traffic, is adjacent
to the Laguna Canyon Channel and is home to many commercial, retail, restaurant, entertainment and artisan businesses. The
project required coordination with three separate artists, transit operations, Orange County Flood Control District, Caltrans
Permits and Inspection, Caltrans Office of Local Assistance, Businesses and Residents, and the Laguna Beach School District.
Del Amo Boulevard Extension Project, T-30 — Phases 1 and 2, City of Torrance, CA. Construction manager overseeing
the construction of a new 4 -lane roadway (Del Amo Blvd) between Crenshaw Blvd and Maple Ave and widening of an existing
segment of Del Amo Blvd between Maple Ave and Prairie Ave. Construction also includes a new bridge over the BNSF
Railway's mainline tracks, MSE retaining walls, drainage improvements, relocation of railroad spur track, reconstruction of
affected off-site facilities and coordination with Southern California Edison and ExxonMobil Oil for relocation of their utilities.
The estimated construction cost was $15 -million and was partially funded by the American Recovery and Reinvestment Act
(ARRA), Regional Surface Transportation Program (RSTP) funds, as well as MTA and local funding sources. Assisted the City
with a bidability/constructability review of the bid documents for phase 2, resulting in substantial savings to the project.
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project — Area 2
Robert Merrell, PE
Construction Manager
Education
BS/1974/Civil Engineering/
California State University,
Long Beach
Registrations
1976/ PE/CA #28100
Years of Experience
Entered the profession in 1973
Bob Merrell, PE has an extensive career of more than 30 years in project design and
construction management for public works engineering. His expertise includes
design, management and right-of-way coordination for projects involving the
widening of major arterials and collector streets, construction of storm drain
facilities and improvements to regional channel systems. Specific areas of expertise
include freeway improvements, storm drain facilities, regional channel
improvements, large dams, major arterial and collector street widening, railroad
grade separations and bridge projects. On behalf of cities throughout Southern
California, he has served in such capacities as construction manager and engineer
of record to advance the formation and use of Community Facilities and
Assessment Districts.
RELEVANT EXPERIENCE
Residential Streets Rehabilitation Project for Year 2013-14, Area 9, City of
Rancho Palos Verdes, CA. Project manager responsible for the $1 -million overall design and plan preparation for the
residential street improvements throughout Area 9 including the preparation of a detailed inventory of all existing
improvements within the public right-of-way that require replacement or rehabilitation. In addition to Area 9, the plans for
Area 1 and Area 5B were assembled into one large PS&E package for bidding and construction.
Residential Street Rehabilitation Project, Areas 3 and 5A, FY 2011-12, City of Rancho Palos Verdes, CA. Assisted
with the project bidding process and followed up with serving as the full time Construction Manager directly supervising the
construction inspection staff for Phase 1 and Phase 2. Provided continuous liaison with City staff and the community while
also directing the preparation of weekly progress reports, leading the weekly meetings and directly coordinating the
contractor's progress billings.
Palos Verdes Drive South, City of Rancho Palos Verdes, CA. Project manager responsible for the plan preparation and
rehabilitation of Palos Verdes Drive South. A portion of Palos Verdes Drive South lies within an unstable land mass where
settlement occurs. Over the years the "ocean side" portion of roadway had settled more than the "inland side" creating an
uneven cross section. In addition, the pavement began to experience areas of stress cracking with evidence of pending
pavement failure. The project included street rehabilitation plans where the overlay was variable in order to achieve better
cross section. The road segment had several drainage systems that were upgraded with the rehabilitation project. Directed
the preparation of construction documents and completed the construction administration and inspection for
the project.
Point Vicente Interpretive Center Expansion, City of Rancho Palos Verdes, CA. Project manager responsible for the
design and preparation of the civil plans for the building and site improvements for the expansion of the PVIC complex. In
addition to the building remodel and expansion, extensive improvements were made to the storm drain system and
parking areas.
Palos Verdes Drive East Storm Drain Improvements, City of Rancho Palos Verdes, CA. Project manager responsible
for the design and preparation of plans, specifications and estimates for the installation of drainage improvements along
Palos Verdes Drive East from Bronco to southeast of Headland Drive. Steep terrain was a constraint for the outlet into a
natural drainage course. Directed the preparation of construction documents and completed the construction administration
and inspection for the project.
Miraleste Plaza Storm Drain, City of Rancho Palos Verdes, CA. Project manager responsible for the design and
installation of the Miraleste Plaza storm drain. The project included the installation of new storm drain replacing an
undersized and deteriorating system previously constructed in the early 1950's. The work involved designing the system
within a confined right of way and through many interfering utilities. Also served as CM and inspector through construction.
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project— Area 2
Storm Drain System Engineering Peer Review Services for the Naples Sea Walls, On-call Construction
Management, City of Long Beach, CA. Design peer review of the project drainage system and provide an opinion of the
system's fitness for intended purpose, practicality for maintenance and constructability. APP provided full-time on-site
inspection and part-time management and support services to assist the Tidelands CIP Officer through the completion of the
construction activities, determination of acceptability of constructed improvements and appropriate remedies. APP also
provided review of project documentation to assist with claims avoidance and/or resolution.
Richmond Street Arterial Improvements, City of EI Segundo, CA. Quality control/quality assurance manager
responsible for the $735,000 Richmond Street arterial improvements located between EI Segundo Blvd. and Holly Ave. within
the downtown area for 1,600 lineal feet with 60 feet of street and sidewalk width. Design work includes street, sidewalk,
parking, survey, traffic and landscape improvements. A critical issue is solving the impacted downtown parking problem by
engaging the community in outreach meetings and providing street, sidewalk, and parking design solutions.
Various Drainage and Grading Improvements, Air Force Plant 42, City of Palmdale, CA. Project manager responsible
for various drainage and grading improvements to the City of Palmdale. In order to bring the airfield into compliance with
current lateral clearance requirements, several projects included re -grading the runway infields and undergrounding surface
drainage. In addition to the installation of underground facilities, a flow -by peak flow reduction element was designed and
constructed. The side -weir and storage basin construction increased the theoretical flood protection frequency to an
acceptable level when most of the existing infrastructure provided less than ten year recurrence capacity.
Platinum Triangle Master Land Use Plan, Sewer and Drainage Studies, City of Anaheim, CA. Project manager
responsible for the plan preparation and sewer and drainage studies for the City of Anaheim. Prior to approving the Platinum
Triangle Master Land Use Plan (PTMLUP), the Department of Public Works needed to study the effects to major and local
sanitary sewer and storm drainage facilities. The project consisted of researching existing data regarding current sewer and
storm drain master plans, facilities and requirements. Updating and modeling the sewer and storm drain facilities for the area
were completed to determine the areas of local benefits for individual facilities. Finally, mitigations were developed for future
developments concerning identified sewer and storm drain deficiencies.
Overall Base Civil Improvements, Los Angeles Air Force Base, USAF, CA. Project manager responsible for the plan
preparation for the Los Angeles Air Force Base. The project consisted of preparing roadway, drainage and utility plans for most
of the interior streets and parking lots for the Los Angeles Air Force Base. The work involved realignments and upgrades to
address capacity and American Disabilities deficiencies across the military complex.
Stadium Area Master Plan of Drainage, City of Anaheim, CA. Project manager responsible for managing the analysis and
preparing the summary report. Project involved research and inventory of existing drainage facilities for District 27 for use in
updating the existing Master Plan of Drainage. This data was used to create computer models for both hydrologic and hydraulic
analysis to identify deficiencies and proposed improvements.
Master Plan of Drainage for District 2 and for the Southeast MPD, City of Anaheim, CA. Project manager responsible
for this $30 -million project. In each case, the areas were evaluated with up to date hydrological analysis base on the County's
new hydrology criteria established in 1985. Mapping for each included system deficiencies and infrastructure requirements to
meet the City's new Drainage Criteria.
Downtown Parkway Enhancement Project, City of Oceanside, CA. The project consisted of implementing another
phase of the downtown parkway renovations. The existing parkways were generally 12 feet in width and most were made up
of a varied hardscape from concrete to dirt to asphalt concrete. The improvements consisted of decorative brick inlays with
tree wells. In conjunction with the parkway improvements, curb and gutter as well as drive approaches were reconstructed to
extent necessary to complete the enhancement.
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
Ed Pratt Ed Pratt brings more than 42 years of public works infrastructure construction
management and inspection experience. He has worked extensively with pavement
Public Works Inspector construction and rehabilitation, overlay and slurry seal, striping, grading, and traffic
signal installation. Ed's project expertise includes reinforced -concrete and block
Educationwalls, installing landscape and irrigation, storm drains and sewers, as well as
OSHA SafetyyCertifications Program Certification creating and rehabilitating channels. He has completed projects involving public
Trench Safety Certification parks and community facilities. Ed has served as an expert witness and project client
Concrete Technology Continuing liaison, tracked schedules, processed change orders and supported municipal
Education bidding. His capabilities include traffic control, job site safety and compliance with
Advanced Blueprint Reading OSHA regulations and federal and state agency funding requirements.
Continuing Education RELEVANT EXPERIENCE
Construction Equipment Operator On -Call Public Works Inspection, City of Fontana, CA. Currently serving as an
Continuing Education inspector on variety of municipal projects in support of the city engineer. Duties
Years of Experience include: reviewing plans, specifications, shop drawings and all other contract and
Entered the profession in 1972 construction related documents; attending pre -construction meetings and
addressing concerns; reviewing traffic control plans and enforces them in the field,
and maintaining daily inspection reports, photographs, videos and daily reports.
Palos Verdes Drive East, Arterial Roads Rehabilitation Project, City of Rancho Palos Verdes, CA. Inspector for this
$3.2 -million, five -mile road rehabilitation. This project involved traffic control, construction survey, saw cutting, unclassified
excavation, PCC curb and gutter, curb access ramps, bus pads, drainage modifications, asphalt pavement road widening and
repairs, AC berms, gravity block walls, roadway signing, asphalt pavement milling and overlay, crack routing and sealing,
micro -surface paving, traffic striping and markings and raised pavement markers.
Sidewalk and Street Repair, Areas 3 and 5A - Phase 1, City of Rancho Palos Verdes, CA. Provided inspection services
for wheelchair ramps and the removal and replacement of driveways, approximately10,000 linear feet of curb and gutter,
150,000 square feet of sidewalk and approximately 500,000 square feet of street asphalt.
Roadway Pavement Rehabilitation, Areas 3 and 5A, Phase 2, City of Ranchos Palos Verdes, CA. Served as inspector
on more than 1 million square feet of Type 2 and chip seal slurry.
Williams and Oris Alleys Improvements, City of Compton, CA. Performed inspection services for these $515,370 street
improvement projects. Work involved construction of paving, curb and gutter, alley approaches, handicap ramps, sidewalk
replacement, and related construction work in addition to signage and pavement marking. Provided services related to the
adjustment of utility covers and valve and meter boxes affected by contract work.
Eshelman Avenue Water Main Replacement and Pavement Rehabilitation, City of Lomita, CA. Inspector for the
paving portion of this $1.6 -million water main replacement and roadway rehabilitation project. Paving operations included
cold milling of Eshelman Avenue in its entirety from Lomita Boulevard to Pacific Coast Highway. The ground surface inspection
led to elimination of all proposed crack sealing. The paving section included a three -quarters -inch leveling course, a three -
eights -inch chip seal and 2 1/2 -inch ARHM overlay. Appurtenant work involved manhole and valve adjustments, thermoplastic
striping, and traffic loop replacement. The project required a Caltrans encroachment permit for traffic control and paving
operations within the state right-of-way at Pacific Coast Highway.
Pioneer Boulevard Rehabilitation between Imperial Highway and Lakeland Road, City of Norwalk, CA. Inspector
for this $565,000,1-5 widening mitigation, roadway rehabilitation project. The work included curb and gutter, removal and
replacement of 1,200 square feet of sidewalk, 1,500 lineal feet of curb and gutter, commercial driveways, median
island repairs, 245,750 square feet of cold planing and 3,250 tons of rubberized asphalt. (2013)
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
190th Street Rehabilitation and Water Main Replacement, City of Torrance, CA. Inspector for this $1.6 -million project
including curb and gutter, removal and replacement of 20,000 square feet of sidewalk, 3,000 linear feet of curb and gutter,
4,000 linear feet of 12 -inch ductile iron domestic water line with house service and fire hydrant connections, 2,600 feet of
CL90012-inch reclaimed water line, 2,600 feet of communication conduit with inner duct, commercial driveways landscaped
median islands and bus pads. Roadway improvements included 9,000 tons of rubberized asphalt for a complete street rehab,
consisting of 12 -inch base fabric, 12 -inch OV CAB, a finish of base asphalt and a 2'/z -inch rubberized cap. (2014-2015)
Bandini Boulevard Street Rehabilitation, City of Bell, CA. Inspector for three miles of street rehabilitation. The work
included earthwork for an 11 -inch street section, cold planing, deep lift base asphalt, AHRM overlay, striping, loops, sidewalk
replacement and handicap ramps. Substantial traffic control and night work were required.
South Highland Extension, City of Fontana, CA. Inspector for this five -mile street extension, including complete
rehabilitation on one side, complete intersection work on two major arterial crossings, storm drain, sewer main, curb, gutter,
sidewalk, handicapped ramps, three traffic signals, 42 street lights and hardscape. Responsible for quality assurance, certified
payroll, quantities and billings, change management, public relations, daily reports and project closeout.
Mango Avenue and Baseline Road Rehabilitation and Realignment, City of Fontana, CA. Inspector for the complete
street surface removal, street realignment, compaction, curb and gutter, sewer, storm drain, traffic signal, landscaping, CAB
and asphalt along city blocks of Mango Avenue and one block on Baseline Road. Oversaw traffic control, certified payroll, punch
list, public relations, change orders, daily reports, verification of quantities and billing.
Street Improvements, City of San Clemente, CA. Inspector for this $2 -million, 12 -mile street improvement project. The
improvements included a 12 -inch street section with paving fabric, A/C base course, AHRM overlay, curb, gutter, handicap
ramps, and sidewalks. Responsibilities included inspection and contract administration duties for two separate construction
contract and close coordination of complex traffic control challenges to maintain resident access at all times.
Street Improvements, City of Lake Forest, CA. Responsible for citywide street rehabilitation in various locations including
Trabuco Road and Lake Forest Avenue. Work included pavement grinding, repaving and asphalt pavement overlay, slurry seal,
striping, traffic control scheduling, and community outreach for more than 10,000 linear feet of major arterials, secondary
arterials and residential streets as part of the City's annual maintenance plan.
Orangethorpe Avenue Street Rehabilitation, City of La Palma, CA. Responsible for rehabilitation of Orangethorpe
Avenue from Valley View Avenue to SR -91. Work included pavement grinding, pavement reconstruction, petromat placement,
asphalt pavement overlay, striping, traffic control and community outreach for more than 2,500 linear feet of major arterials as
part of the City's annual maintenance plan.
Median Landscape, City of Torrance, CA. Inspector for median improvement project on major arterial roadway with
improvements including irrigation, trees and plants.
Citywide Street Improvements, City of Chino, CA. Inspector for citywide street rehabilitation including full pavement
grinding, asphalt pavement overlay and traffic signal installation. The project also included striping, traffic control scheduling,
and community outreach for work involving more than 10,000 linear feet of major arterials, secondary arterials and collector
streets as part of the City's annual pavement maintenance plan.
Citywide Street Improvements, City of Lake Forest, CA. Inspector responsible for street rehabilitation in various locations
including pavement grinding, asphalt pavement overlay, slurry seal, striping, traffic control scheduling, and community
outreach for over 10,000 linear feet of major arterials, secondary arterials, and residential streets as part of the City's annual
pavement maintenance plan.
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
2. Similar Project Experience
APP offers the City extensive relevant experience on projects identical to the Residential Streets Rehabilitation Project.
Client/Reference: City of Rancho Palos Verdes
Nicole Jules, Deputy Public Works Director
(310) 544-5275
nicolej@rpvca.gov
Project Dates: Start: 2010 Complete: Ongoing
Services: Construction Management/Inspection
Project Value: Construction Cost: $4 million
Fee: $350,000
Team Members: Robert Merrell, PE — CM
Ed Pratt — Inspector
For several years, APP has been providing construction management and inspection services to the City of Rancho Palos
Verdes for a variety of infrastructure projects. Examples include:
Residential Streets Rehabilitation Project for Year 2013-14, Area 9, City of Rancho Palos Verdes, CA.
Responsible for the overall design and plan preparation for the residential street improvements.
(See next page for more project details.)
Residential Street Rehabilitation Project, FY 2011-12, City of Rancho Palos Verdes, CA. Assisted with the project
bidding process and followed up with serving as the full time Construction Manager directly supervising the construction
inspection staff.
Miraleste Plaza Storm Drain, City of Rancho Palos Verdes, CA. The project included the installation of new storm
drain replacing an undersized and deteriorating system previously constructed in the early 1950s.
Palos Verdes Drive South, City of Rancho Palos Verdes, CA. The project included street rehabilitation plans where
the overlay was variable in order to achieve better cross section. The road segment had several drainage systems that were
upgraded with the rehabilitation project. Directed the preparation of construction documents and completed the
construction administration and inspection for the
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project — Area 2
Client/Reference:
City of Rancho Palos Verdes, Dept. of PW
Nicole Jules, Deputy Public Works Director
}
(310) 544-5275
Project Dates:
NicoleJ@rpvca.gov
Project Dates:
Start: 2013 Complete: 2014
~� Services:
CM, Project Inspection, Materials Testing and
Team Members:
Quality Assurance
Construction Cost:
$2.8 million
APP Team Members:
Dino D'Emilia, PE, QSD — Principal -in -charge
Ed Pratt - Public Works Inspector
Subconsultant:
Daniel Guzman —Soils Inspecto (Koury)
APP was responsible for construction management, inspection and materials testing and quality assurance for this
$3.2 -million, five -mile road rehabilitation project. This project involved traffic control, construction survey, saw cutting,
unclassified excavation, PCC curb and gutter, curb access ramps, bus pads, drainage modifications, asphalt pavement road
widening and repairs, AC berms, gravity block walls, roadway signing, asphalt pavement milling and overlay, crack routing
and sealing, micro -surface paving, traffic striping and markings, raised pavement markers, and other work. Koury provided
geotechnical monitoring as a member of the APP team.
Client/Reference:
City of Rancho Palos Verdes, Dept. of PW
Melissa Countryman, PE, TE (retired)
(310) 544-5256; melissac@rpvca.gov
Project Dates:
Start: 2014 Complete: Ongoing
Services:
Roadway Design
Project Value:
Construction Cost: $1 million Fee: $360,000
Team Members:
Bob Merrell, PE — Project Manager
'
Joe Buckner, PE, PLS, QSD — Project Engineer
Design Services: The City of Rancho Palos Verdes has a program where at least one of their nine pavement
management areas is addressed in detail each year. APP was selected to complete the design and prepare construction
documents for the Area 9 improvements which represent the Fiscal Year 2013-14 program element.
The project identified all deficiencies located with the residential street right-of-way including drive approaches,
sidewalk, ADA ramps and utility cover misalignments as well as the pavement itself. The City's progressive attention to
the public right of way on an annual basis keeps the pavement in very good condition where only a few streets require
extensive repairs, overlays or reconstruction.
Bidding Assistance: APP will assisted the city with the bidding process including preparation of any addenda
necessary to address questions during the bid period. Once bids were received, APP will make necessary adjustments to
the plans to brinq the project into line with available fundinq for the current proqram.
C - 13 AND RSO NTENNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project — Area 2
Client/Reference:
City of Lomita
Tom Shahbazi, PE, Associate City Engineer
(310) 325-7110. Ext. 210
t.shahbazi@lomitacity.com
Project Dates:
Start: 2013 Complete: 2014
Services:
Construction Management, Inspection
Services and Labor Compliance
Project Value:
Construction Cost: $1.6 million Fee:
$147,003.88
Status:
Successfully completed
Team Members:
Dino D'Emilia, PE, QSD — CM
Ed Pratt — Inspector
Joe Stoakley, PE — Assistant CM and
Supplemental Inspector
APP provided construction management, inspection and labor compliance oversight services for this water main
replacement and roadway rehabilitation project. Waterline improvements included construction of an 8" PVC water main
on Eshelman Avenue between Pacific Coast Highway and Lomita Boulevard, including installation of new fire hydrants,
service laterals, valves, blow -offs, air release valves and associated water appurtenances to replace the existing 6"
undersized ductile iron water main. The project also included pavement rehabilitation and striping of Eshelman Avenue
within the project limits. Paving operations included cold milling of the entire roadway on Eshelman Avenue from Lomita
Boulevard to Pacific Coast Highway. Inspection of ground surface resulted in elimination of all proposed crack sealing. The
paving section consisted of a 3/a inch leveling course, 3/8" chip seal and 2-1/2 inch ARHM overlay. Appurtenant work
involved manhole and valve adjustments, thermoplastic striping, and traffic loop replacement. The project required a
Caltrans Encroachment permit for traffic control and paving operations within the State Right of Way at PCH.
10 IP
C — 14 ANDERSON • PENNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
Client/Reference: City of Beverly Hills
Mark Cuneo, PE, City Engineer
Capital Assets Department
Civil Engineering Department
(310) 285-2557
mcuneo@beverlyhills.org
Services: Project Management/Construction
Management
Team Members: Dino D'Emilia, PE — Principal -in -charge
Bill Zein, PE — Project Manager
APP has been providing project management services for this project since mid -2015. The City of Beverly Hills plans to
reconstruct North Santa Monica Boulevard to rebuild the deteriorating roadway, upgrade the drainage system, widen the
roadway between Canon Drive and Wilshire Boulevard, install new street lighting and implement low -impact drainage
concepts to comply with the urban runoff water quality regulations. APP's project manager has been reviewing the plans
for constructability and bidability, preparing a phasing and construction mitigation plan and making any necessary
changes to the project specifications. APP'S services will also include packaging the project documents for bidding and
assisting the City with the bidding process.
Client/Reference:
City of Torrance
Lubna Arikat, Associate Engineer
(310)618-3066
LArikat@torranceca.gov
Project Dates:
Start: 5/2014 Complete: 1/2015
Services:
Construction Management
Project Value:
Construction Cost: $1.6 million
Fee: $167,000
Status:
Successfully completed
Team Members: Dino D'Emilia, PE, QSD — Project Manager
Joe Stoakley, PE, QSD — Project Engineer
Al Aguilera — Inspector
Debby Cobb — Documents Control/ Labor
Comaliance
APP provided construction management for this $1.6 -million, federally funded roadway rehabilitation and landscape
improvement project. Work generally involved removal and replacement of deep lift paving sections, grind and overlay of
the street limits using Asphalt Rubber Hot Mix (ARHM), hardscape and landscape improvements. The project utilized
federal funds, requiring contract administration and project / documents controls in strict adherence to the Caltrans Local
Assistance Procedures Manual.
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project — Area 2
Client/Reference: City of Long Beach
Sean Crumby, Deputy Public Works
s ; t Director/ City Engineer
(562) 570-6383
BEFORE Sean.Crumby@longbeach.gov
Project Dates: Start: 2014 Complete: Ongoing
Services: Program Management
. Project Value: Construction Cost: $15,357,905
Status: Successful at various stages
BEFORE APP Team: Lisa M. Penna, PE, QSD — Principal -in -
charge
Behzad Sharifabadi — Program Manager
The City of Long Beach contracted APP to provide design -build engineering and project management services on
Residential Streets, Sidewalk and ADA/Curb Ramps Capital Improvement Projects. These projects primarily include
repairs to street pavement, sidewalk, curb, gutter, drainage, and driveways.
Key Accomplishments:
• Residential Street Improvements — The projects include street design and construction management.
Repaired 17.22 lane miles of residential streets. Total Construction cost: $9,168,565
• Sidewalk Improvements — The projects include removal and
replacement of sidewalk tripping hazards. CDBG funded construction
completed before federal deadline. Repaired 15.30 miles of sidewalk.
Total Construction cost: $3,019,340
• Additional Improvements
Street improvement — Lane Miles Constructed: 2.05 Total
Construction cost: $660,000
Parking lot - Total Construction cost: $1,900,000
Alley - Total Construction cost: $110,000
• Curb Ramp Improvement
Total Construction cost: $500,000
BEFORE
BEFORE
121Pagi-
C- 16 ANDNNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
3. Firm Qualifications
AndersonPenna Partners, Inc.
AndersonPenna Partners, Inc. (APP) specializes in project delivery
through project management and construction management for local
and regional public agencies and special districts throughout the
western United States. With an emphasis on practical, experienced
and cost effective solutions, APP capabilities range from local agency
public works improvements, to major transportation projects and
public building facility projects, as well as managing multi -project
capital improvement programs for public agencies. Our clients range
from various cities and counties to transportation agencies and special
districts. Our team of professionals provides construction oversight
and inspection, project and construction management, grant
application and management, and civil engineering planning and
design. APP also provides staff augmentation for public works and
planning departments, federal compliance for ARRA and other
federally funded projects, railroad bridge inspection and rating, and peer plan review/plan check services.
We are a California corporation that has been in business since 2005, and are a woman -owned DBE and Certified SBE. We
are headquartered in Newport Beach, CA with more than 70 employees operating out of Southern California. Our South Bay
office is located in the City of Gardena to better serve our Los Angeles County clients, as well as support satellite and/or
project/client offices for several field operations employees.
Our construction management and inspection team has worked throughout California and includes experienced
construction managers, construction inspectors, resident engineers, structures representatives, office engineers, labor
compliance specialists, public works and structural inspectors, utility coordinators, and project and documents control
support staff. We specialize in the successful delivery and audit -proof reimbursement of local agency projects that utilize
all types of funding.
Key staff assigned to projects are experienced in providing construction management services on public projects for many
local agencies and transportation authorities. The APP Team consists of qualified staff that will undertake the construction
management services for the proposed improvements using a highly qualified and responsive team. By design, our staff is
comprised of professionals with extensive experience working directly for public agencies. Our familiarity and know-how
gained by working side-by-side with local agency staff, in developing collaborative relationships with community and
business stakeholders, and by partnering effectively with state and federal regulatory agencies, delivers successfully
completed projects and services, well-managed budgets, and thoroughly satisfied stakeholders and clients.
APP tailors its management approach to carefully monitor program effectiveness, and closely track work quality, quantity,
and cost. Delivering projects under aggressive schedules requires careful management, administration, and oversight of
project development teams from inception to completion with committed, complete ownership of all aspects. A summary
of APP professional services include:
• Program management, construction management and inspection services
• Project management and staff augmentation for public works/planning
• Civil engineering design services
• Financial consulting, assessment district formation and grants administration
• Energy efficiency
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C- 17 ANDERSO NTENNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
Subconsultant (Materials Testing)
LaBelle Marvin, Inc.
LaBelle Marvin, Inc. (LMI)has specialized in pavement engineering, material testing, design, and construction inspection since
1969. The firm has a staff of 16 professional, technical, and support personnel, with diversified skills capable of handling
highly complex roadway related assignments. The strength of LaBelle Marvin lies in our in-house capabilities including our
full-service Caltrans certified soils and asphalt concrete laboratory, both Road Rater and Falling Weight Deflectometer (FWD)
deflection testing equipment, coring and boring machinery, Ground Penetrating Radar (GPR) and the expertise of our
multidiscipline engineering department.
LMI personnel have worked on the design, inspection, testing and construction of asphalt concrete pavements throughout the
Western United States, and when necessary, throughout the world. LMI provides complete engineering services from initial
project review to development of precise rehabilitation alternatives exploring differing design and use criteria. LMI personnel
are certified by various agencies throughout the region, including the State of California. LMI personnel regularly provide
inspection and testing services for projects over seen by the FAA, State of California Transportation, State of California
Department of Water Resources and numerous Cities on the west coast.
LMI provides a full range of pavement engineering services including construction inspection, material testing, construction
management, failure analysis testing, and design. Our staff of sixteen personnel, includes three Civil Engineers, a GIS,
Microdesk, and certified MicroPaver specialist, a laboratory manager, and eleven field/laboratory technicians trained and
experienced in pavement investigations, asphalt concrete construction, and material testing.
Pavement Design:
LMI provides proactive solutions to manage, budget, verify, and design pavement structures that is expected on today's
roadway projects. LMI insures all construction alternatives, maintenance strategies, and design criteria are explored and
benefits defined. These elements are increasingly critical as traffic volumes increase, budgets are limited, and pavement life is
often required to extend beyond the original design period.
Materials Testing:
Since 1969, LMI has provided a State of California certified materials laboratory to local and state agencies, other engineering
and laboratory firms, and the private community relating to quality control/assurance testing, mix designs, properties of
asphalt cements, emulsions, cut back asphalt binders, soil and aggregate strength properties, soil stabilization, and complete
analysis of asphalt concrete mixtures and asphalt concrete pavements. Internal quality control is performed daily by the
laboratory supervisor, project engineer, and principal engineer for each project, before results are reported to the client.
Background: Testing and inspection services are performed in accordance with specified A.S.T.M., Caltrans, or S.S.P.W.C.
procedures. LMI participates in the Caltrans Round Robin Sample Exchange Program conducted by the Caltrans Office of
Materials Engineering and Testing Services. Laboratory and Engineering personnel actively participate in Standard
Specifications for Public Works Construction "Greenbook" committees, American Public Works Association committees, and
the American Society of Civil Engineers National Technical Activities Committee.
Inspection Services:
Construction Inspection provides the greatest opportunity to enhance project compliance with project plans and
specifications. Obtaining inspection services during construction enables the engineer and inspector to operatively analyze
the changing variables associated with construction activities.
Material testing is performed through the stages of construction from the initial material selection to quality assurance during
construction. Material variation and construction compliance are monitored, tested and controlled to enhance the overall
performance of the pavement design.
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
LMI provides grade verification, construction and batch plant inspection, material sampling, quality control and compliance
testing, and construction oversight. Asphalt concrete testing includes Hveem or Marshall Stability/Density, extractions and
gradations, nuclear density testing, and determination of the temperature, quantities, and placement thickness of delivered
materials.
Principal / Project Engineer
Steven R. Marvin PE, currently President of LMI as of 1985, has received numerous honors for his work with asphalt
concrete and teaches at local Colleges and Universities along with conducting seminars for pavement and material design.
Steven has more than thirty nine years of experience in the area of pavement engineering. His experience includes pavement
management, engineering design, construction inspection, and material testing. Steven oversees final quality control for all
data and inspections performed by LMI operations of the asphalt concrete laboratory, field sampling, pavement evaluations,
and testing of roadway, aggregate and subgrade materials, soil stabilization design and evaluation, pavement design,
rehabilitation design for existing pavement systems, and complete investigations of material and/or design caused pavement
failures.
Project Responsibilities:
• Engineering Field Review
• Structural Section Calculations
• Analysis of Laboratory Moisture and R -Value Testing
• Deflection/Life Table Calculations
• Engineering Analysis/Recommendations
• Report Preparation
• Process Deflection Data/Engineer Review
Laboratory Manager
Tom Williams, Laboratory Supervisor, provides all scheduling and initial quality control of all testing and data interpretation
generated during on-site testing, remote site testing such as at asphalt concrete production plants, and all testing performed
at the LaBelle Marvin, Inc. laboratory. Tom presently serves on the Asphalt Pavement Association Technical Committees in
Orange, Los Angeles and San Diego Counties. Monthly topics cover material properties, production variability, material
supply limitations, and industry/owner issues relating to asphalt concrete construction which places Tom at the forefront of
industry problem solving. Tom furthers development of asphalt concrete material qualities through involvement with the
Standard Specifications for Public Works Construction "Greenbook" committee and interfacing with Caltrans "Round Robin"
testing programs.
Project Responsibilities:
• Schedules Deflection Testing
• Schedules Coring and Boring Activates
• Notify Underground Service Alert
• Verifies Laboratory Moisture and R -Value Testing
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C - 19 ANDERSO TENNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
4. Project Understanding and Approach
Project Understanding
The City of Rancho Palos Verdes seeks to engage a qualified engineering firm to provide construction management,
inspection and material testing services for the City's Residential Street Rehabilitation Project — Area 2. The scope of work
includes overseeing concrete repair of sidewalks, curb and gutter, driveways, ADA -compliant curb ramps, localized AC repair,
crack routing and sealing for the Phase I project and Asphalt Rubber Aggregate Membrane (ARAM), slurry seal and/or micro
surface pavement resurfacing treatments, along with signage and striping for the Phase II project currently in design.
?end
Pavement Zones
Project Approach
The APP Team firmly believes that the key to a successful project is more than just performing tasks outlined in a scope of
work. The key to a successful project is performing each task with a realistic and clear understanding of what the traffic and
construction challenges are and constructing the final product with a "win-win" attitude.
Management of any construction project requires a proactive approach with knowledgeable and experienced staff. APP owes
the successful completion of many public client projects to our ability to find and maintain excellent professional staff and our
dedication to organization, documentation, and proactive management of the construction process. Our keen understanding
of and experience with the public process, local funding requirements and public construction contract administration also
results in a smoother project experience. The experience and proactive approach of the APP Team keeps the project on time,
within budget and on track for safe and successful completion.
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C - 20 AND O \NNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
The APP Team CM approach begins with the end in mind, the end being a quality project, with minimum construction impact,
safely delivered on time and within budget. This process starts with our review of the key project elements to gain a complete
understanding of the project schedule, phasing, budget, and comprehensive scopes of work for all project stakeholders.
APP delivers construction management systems and procedures are scalable and customized to best fit the client's project
needs and budget, and to integrate with the City's way of doing business. From simple, time -tested forms and procedures to
the state-of-the-art in construction management and web -based systems, APP delivers small and large projects on-time and
under budget while keeping the client up to date on a real-time basis.
APP's general approach to the successful delivery of major public works projects is to assign highly qualified personnel
familiar with local agency project administration and have a keen understanding of technical requirements of the specific
project type. Additionally, the APP team is empathetic to the local business community, residents and the general public
affected by construction operations and are well versed at mitigating such impacts throughout the construction process.
A successful project is built by fostering respectful relationships, trust and accountability between the design team, client
agencies, the public and the contractor. The construction manager's most important role is establishing good relationships
with all team members, creating efficient chains of communication and ensuring that all parties are treated fairly and with
respect at all times. If the CM can accomplish these goals, all parties will work creatively together as one project team to
ensure that the project is completed to the highest standards, economically and safely.
Critical Issues
Our team identified the following critical issues:
Safety: First and foremost, APP always considers safety the most important issue on any construction project. APP managers
and inspectors have, at a minimum, the 10 -Hour OSHA certification. Our team will recommend key safety provisions to
require the contractor to have competent safety personnel and site-specific safety programs, submitted prior to the start of
construction and continuously implemented on the project at all times. The team will monitor the Contractor's operations for
compliance with the project safety requirements and requisite provisions of state and federal law.
Public Relations: The APP team is well -versed in the successful completion of roadway rehabilitation and beautification
projects that affect many residents, businesses and services. The following critical project elements will need to be carefully
coordinated:
• Both a general outreach program as well as more specific outreach for specific construction operations or impacts
will greatly enhance the public's ability to plan for and coordinate with the construction activities. The project
specifications include a very detailed phasing plan and continuous schedule updating requirements. The APP team
will work closely with the City and contractor to keep the public apprised of the critical information associated with
construction impacts.
• Diligent, continuous oversight and enforcement of proper housekeeping, dust control and site maintenance on a
continual basis.
• Emergency Services: Traffic delays during construction can adversely affect emergency services including medical,
fire and public safety. Coordination with the police, fire, and emergency medical services providers and all
construction staff is extremely important. Communication of appropriate alternative routes must be made to
emergency officials in advance of and throughout the duration of the project.
• Access to business and residential areas will be maintained at all times. Any unforeseen impact will be promptly
mitigated.
• Pedestrian and bicycle safety measures must be constantly addressed, especially in high volume locations such as at
bus stops and, near interactions and particularly in school zones.
17 1 P a g e
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project — Area 2
The project team will continue the public outreach/information effort as the start of construction nears and throughout the
duration of the project.
Traffic Control: The project encompasses primarily residential areas where most of the concrete work will be limited to
small areas without significant traffic disruption to residents. The exception to this will be in the vicinity of the schools zones
where special attention will be necessary, especially as students arrive or are leaving each location. In addition to proper
localized traffic control by the Contractor, the APP construction manager will communicate directly with the affected school
principal and the school District administration coordinator. This approach worked very well on the recently completed
construction within Areas 3 and 5A.
Scope of Work
APP will provide construction management, inspection and materials testing for this project. The APP team will perform as
part of the City's team, in the City's best interest, as an extension of City staff.
The following itemization of the requested Construction Manager functions noted in blue serve as an outline of our proposed
Scope of Work for the Construction Manager. The remainder of this section clarifies and expands on those categories.
Specifically the following activities will be completed by Bob Merrell, PE, our Construction Manager.
Construction Management Services
(a) Oversee Inspection and Manage Project Construction
(b) Review Daily Inspection Reports prior to submittal to City
(c) Review Weekly Statement of Working Days prior to submittal to City
(d) Assist in the review and processing of Request for Information, Change Orders, approved Time and
Material work, and Submittals.
(e) Ensure compliance of work performed with specs
(f) Attend Weekly Progress Meetings
(g) Attend Pre -Construction Meeting
(h) Serve as liaison between City and construction contractor
(i) Respond to resident concerns in a timely fashion
Q) Final Deliverables
Pre -construction Meeting: The APP team shall coordinate and direct a pre -construction conference and prepare minutes
thereof. APP will coordinate and conduct the pre -construction meeting including notification to the contractor, utility
agencies, and other stakeholders and prepare the meeting agenda and minutes.
The agenda and minutes will include the following items:
• Introductions of key personnel
• Project overview
• Project phasing and restrictions
• Public relations, notifications, local access, and issue resolution
• Utility coordination
• Contractor's mobilization and staging area
• Easements and special access considerations, night, and weekend work requirements
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
• Safety
• Confirmation of fully executed contract and Notice to Proceed
• Verification that all permits have been received
• Establishment of contract time and completion date, schedule
comments, and requirements for approval.
• Look ahead and update requirements
• Review of Working Day definition and holiday schedule
• Chain of communication and key contacts
• Critical work items, schedule and implementation requirements
• Subcontracts
• Documentation and tracking controls
• Change order procedures
• Scope, schedule and cost change administration, notification
requirements and controls
• Submittal and RFI process
• Identify long lead items, if any
• Inspection and testing, review all testing requirements
• Progress payment procedures
• Right-of-way issues, if any
• Placement of signs
• Contractual requirements
• Questions and answers
• Action item assignments
APP considers the pre -construction meeting as Progress Meeting No. 1. All items discussed are designated as "open" or
"closed." All open items are carried forward to subsequent progress meetings until resolved and closed. Action items are
assigned a specific responsible party and a deadline for resolution. Each progress meeting is clearly documented and
distributed to all attendees and affected coordination parties. APP will typically conduct or at a minimum participate in, all
site meetings. Preconstruction meeting and site meeting minutes will be distributed via fax and/or email to all meeting
participants and to courtesy recipients identified by the City.
Schedule Review: APP CM will review the baseline construction schedule including activity sequences and duration,
schedule of submittals and schedule of delivery for products with long lead-times. The CM team will evaluate the baseline
project schedule for the following:
• Consistency with the contract schedule (completion within the contract time)
• Accurate start dates, completion dates, other dates detailed in the contract
• Phasing requirements and schedule restrictions
• Any impacts of weather and change orders
• Sufficient detail — including submittal process and procurement requirements
• Sequence of construction and correct schedule logic
The schedule will not be approved as the baseline until all discrepancies are resolved.
Schedule Control: During the progress of construction, the APP construction manager will compare the contractor's
schedule updates to the baseline schedule and any approved time extensions, note any shortcomings, and monitor and track
C-23 AND ON\NNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
corrections by the contractor to keep the project schedule on track. If necessary, APP will negotiate time extensions due to
change orders or other delays.
Construction Progress/Coordination Meetings: This meeting will be held as required and will focus on the
following items:
• Safety and traffic control Issues
• Progress during the period
• Major decisions made
• Planned vs. actual schedule
• Upcoming work schedule
• Current or unresolved problems
• Anticipated or pending change orders
• Impacts of problems or change orders on schedule and budget
• Discussion of new goals/items
• Planned vs. actual budget analysis
• Contractor's detailed two-week look -ahead schedule
• Progress and major decisions during the last week
• Update of unresolved items from previous meetings
• Status of Submittals and change orders
Special Meetings: These meetings will be held on as -needed basis and will focus on specific issues:
• Special meetings to discuss important issues which require detailed discussion or review of plans and specifications.
• Construction mitigations
• Meetings to coordinate work by other contractors engaged by the City.
• Status of submittals and change orders
Submittal Processing and Review: The APP team will review and pass on to the Design Engineer as appropriate, shop
drawings, working drawings, requests for information, samples and all other data required to be submitted by the contractor
for conformity with the contract plans and specifications. APP will require, monitor and document compliance with the
contract's quality assurance requirements. APP will document and submit responses to the contractor and to the City after
consultation with City staff.
The APP team, in conjunction with the Design Engineer, will evaluate and determine the acceptability of substitute materials
and equipment proposed by the contractor and will provide recommendations to the City.
Requests for Information (RFIs): Upon receipt, the CM will log, distribute and respond to each RFI as required. It is
anticipated that most will be handled upon receipt. In the event that the Design Engineer or any member of the City staff is
required to answer questions, the CM will coordinate a timely resolution. APP will identify potential impacts to cost or time
that may result due to issues identified in the RFIs, with recommended alternatives or solutions to mitigate the
potential impacts.
C — 24 AND ILSON\NNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
Change order management and claims avoidance: Each issue identified as a
potential change to the design, scope, cost or contract time, will generate a change
notice. The CM will determine whether or not a change notice should be considered.
The plans and specifications will be reviewed against the change notice. If the issue
does not appear to be included in the plans or specifications, a request for quotation
(RFQ) will be sent to the contractor. Any credits for work deleted as a result of the
change will be required at this time as well. The contractor's response to the RFQ will
be evaluated for fairness and completeness. Upon approval by the City, the CM will
prepare, log, and process change orders for full execution, and administer their
implementation. Once fully executed, the CM will review the timely completion of
the work and coordinate inclusion of the change order in the appropriate
payment application.
Force Account Daily Extra Work Reports: APP will verify and sign the contractor's
daily extra work reports documenting force account (time and materials) work with
City concurrence. In particular, APP will monitor that only appropriate worker classifications necessary for approved time and
materials work is included on extra work reports. Any inappropriate workforce and/or equipment charges will be promptly
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rejected and removed from extra work reports.
Claims Avoidance: APP will assist the City with claims filed by the contractor in accordance with the general provisions and
the standard specifications. APP is well -versed at negotiating and resolving claims amicably between contractors and public
agencies. Should a claim require work in addition to APP's contract, APP will be available on a time and materials basis if
desired by the City. The provision of any legal advice or services is specifically excluded.
QA/QC: APP will implement quality assurance activities on a daily basis to make sure that QA/QC procedures are followed and
deficiencies are resolved in a timely and efficient manner. The CM team will provide inspection services to insure compliance
with code, plans, specifications, safety requirements, and QA/QC. The CM will coordinate the activities of the material testing
company to ensure that the testing results and quality meet the requirements of the contract.
Safe Conditions: APP will monitor project work and adjacent areas for unsafe conditions, promptly require corrective
measures to be addressed by the Contractor in compliance with the contract documents and report such issues and corrective
measures taken to the City. One of the most pervasive job hazards across all public works projects is construction adjacent to
live traffic lanes. APP inspectors are intimately familiar with monitoring and enforcing proper traffic controls per the WATCH
Handbook, MUTCD and/or project specific Traffic Control / Traffic Handling / Detour plans. Inspectors drive and/or walk the
project limits at the start, during and before leaving the site each day to monitor proper, and/or require corrections to the
required traffic control measures. Site cleanup during and especially at the end of each working day will be strictly enforced.
Progress Payment Processing: A cost control system, based on the approved schedule of values, approved change orders,
and the currently approved contract amount, shall be developed and implemented to monitor progress costs.
APP will review the payment applications submitted by the contractor and determine whether the amount requested reflects
the progress of the contractor's work. Appropriate adjustments to each payment application will be required by the
contractor. When the payment application is acceptable and all backup documentation is verified (certified payrolls, stop
notice / lien releases, etc.), APP will prepare and forward to the agency a progress payment report. This report shall state the
total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current
period. The APP team is experienced in evaluating complex pay applications. It is critical to the City's best interest that
payment application review be performed accurately and prudently to maintain the prime and subcontractor incentives to
perform on the projects.
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Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
Progress Reports: Daily progress reports prepared by the inspector will be thoroughly reviewed for completeness and
accuracy and submitted to the City with the following information included:
• Report of significant events and accomplished goals
• Description of progress with photos to enhance the descriptions
• A comparison of actual versus planned progress, in narrative form as well as bar graph form
• Identification and discussion of current problems or pending change orders, proposed solutions
• and/or alternatives to consider and/or actions taken or planned to resolve such issues
• An analysis of change order impacts or potential problems as they relate to schedule and budget
• A discussion of new short and long term goals for the project
• A comparison of actual versus planned budget expenditures.
• Change order status log
• Report of progress payments made to date and invoices in process
• QA/QC section prepared by the inspection team addressing testing and regulatory compliance issues
Documents Tracking and Control: Complete and current project files shall be kept at a location agreeable to the City, and
shall be available to the City at all times. These files will consist of the contract, correspondence relating to or modifying the
contract, proposal requests, clarifications, permits, logs, reports, RFIs, field orders, change orders, daily inspection reports,
test reports, etc. The APP project controls system includes a detailed file indexing system for all project hard files. APP has
already developed customized forms, reports database structure, and work breakdown structure, well suited for typical public
works projects. We will adapt our system to the specific needs of the project, to monitor, track and control the project. This
detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations
to maintain or improve adherence to the approved project schedule.
The table below illustrates the typical document control measures that are implemented on APP construction
management projects:
Item
Method
Frequency
Look Ahead Schedule
MS Project/Excel
Weekly
Correspondence
Outlook, Word, Speed Memos
Daily/continuous
Project Documentation
Hard Files and Electronic Files
Daily/continuous
Submittals
Reviews — Word, Log — Excel
Daily, as required. 72 -hour turnaround
RFIs
Responses — Word, Log — Excel
Daily, as required. 72- hour turnaround
Progress Payments
Excel
Measurements — Daily
Quantity measurement RPTs, monthly
Inspection Reports
Word
Daily
Weekly Statements of Working Days
Excel
Weekly
SWPPP/BMP Compliance
Excel
Weekly
Public Relations Inquiries
Log — Excel
Daily, as required
Photo and Video
Explorer
Video Pre -project, photos daily
22�P�y? _
C-26 ANDERSO TENNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
Item Method Frequency
Progress Reports MS Publisher, Word Monthly and as required
Project Contacts Outlook and Excel Daily
Project Calendar Outlook Daily
Meetings Word and Outlook Weekly and as required
Problem Solutions: The APP proactive approach serves to anticipate and expeditiously resolve field problems. All issues are
processed with a sense of urgency and presented to the City with suggested alternatives, cost and schedule impacts and
recommended solutions. The CM team will quickly implement the alternative which suits the best interests of the project and
the City. APP will effectively and expeditiously communicate with City staff, design consultants and the contractor, as
applicable, to identify conflicts, construction problems and coordination issues. APP will obtain the necessary action and
response to submittals, RFIs and supplemental design documents, etc.
Written Instruction: APP will issue written instructions (via email, transmittal letter, field speed memo, etc.) to the
contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues.
The following itemization of the requested Inspector functions noted in blue serve as on outline of our proposed Scope of
Work for the Inspector. The remainder of this section clarifies and expands on those categories.
Specifically the following activities will be completed by Ed Pratt, our Lead Inspector.
Inspection Services
Inspect work for compliance with specs at all times work is in progress
(b) Prepare Daily Inspection Reports
(c) Prepare Weekly Statement of Working Days
(d) Assist staff with public relations during construction
(e) Attend Pre -Construction Meeting
(f) Develop a final punch list
Inspection, Testing and Observations: The APP CM and inspection team will coordinate laboratory, jobsite and
offsite/source inspection and testing of construction materials and required observations per the construction documents,
construction codes, and Jurisdictional Agencies. The CM and the inspector will review the field layout prior to the start of
work, monitor the construction activities, the testing services, track documentation and record testing results in weekly
construction progress meetings. When necessary, corrective measures will be implemented and re -inspected to verify
acceptable completion. Test and inspection reports will be monitored and filed.
Participate in Pre -construction and Progress Meetings: The inspector will attend, and participate in a pre -construction
conference, chaired by the Construction Manager, to orient the Contractor to the various reporting procedures and site rules.
Safe Conditions: The inspector will monitor project work and adjacent areas for unsafe conditions, promptly require
corrective measures to be addressed by the Contractor in compliance with the contract documents and report such issues and
corrective measures taken to the City.
Quality Assurance: The inspector will coordinate QA / QC activities on a daily basis and require any apparent deficiencies to
be resolved in a timely manner. The Inspector will visit each site on a regular, full time basis, during the normal working
231PagF� _
C-27 ANDERSO TENNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
hours to verify construction progress and to verify that work conforms to contract requirements. Deputy and special
inspection and materials sampling and testing, if required and performed by others, will be coordinated and provided as
required by the plans and specifications. When necessary, corrective measures will be implemented and re -inspected / re-
tested to verify acceptable completion. The inspector will reject work that does not conform to the requirements of the
contract documents and will promptly report unacceptable work to the City and contractor. Rejected work will be thoroughly
documented, photographed, and tracked until repaired or replaced to the satisfaction of the City.
Daily Construction Observation Reports: The inspector will compile daily observation reports documenting the
contractor's workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims,
resolutions of issues and directions given to the contractor. Completed daily reports will be transmitted to the Construction
Manager on a weekly basis who will then pass the reports to the City.
Construction Staking/Survey Conformance to Design Grades: The contractor is responsible for providing any surveys
required to establish horizontal and vertical control. The contractor is also responsible for the accuracy of the surveys. The CM
will coordinate with the contractor and request that the survey cut sheets be submitted for review. The CM, the City and the
Design Engineer may review the cut sheets to verify compliance with the design grades and alignments shown on the plans.
The CM will continuously verify that the contractor is preserving the construction survey stakes and marks for the duration of
their usefulness. If any of construction survey stakes and markers are lost or disturbed, the inspector will direct the contractor
to replace them at no cost to the City.
The project specifications clearly note the Contractor's responsibility to preserve or replace
if damaged, all survey monumentation throughout the project. The APP Construction
Manager and the Inspector will monitor this process to ensure compliance with Land
Surveyors Act.
Daily Construction Observation Reports: The APP lead inspector will compile daily
observation/inspection and testing reports documenting the contractor's workforce
(recording the name, trade classification, number of hours worked and employer of each
work on site), material and equipment used, a summary of construction activities (by bid
item), field problems, disputes or claims, resolutions of issues and directions given to the
contractor.
Monitor Contractor Site Security: The CM team will monitor the contractor's site
security, and recommend improvements for security and safety needs.
Documentation Interpretation and Technical Assistance: APP staff coordinates and
expedites between the contractor, design team and City Staff to clarify any questions for interpretation of the construction
documents. Timely, firm and fair determinations will be processed to minimize cost and time impacts to the project.
Utility Coordination: APP assists the contractor in dealing with local utilities to coordinate and expedite temporary and
permanent utility installations, utility relocations utility access structure adjustments, etc.
SWPPP: APP CM and inspection staff will enforce all provisions of the Storm Water Pollution Prevention Plan and/or other
requisite requirements set forth in the specifications. APP CM team members are well -versed in SWPPP monitoring through
provision of dedicated services for oversight of developers and contractors on behalf of several public agencies. At a
minimum, SWPPP requirements will be monitored and a specific SWPPP checklist will be compiled. Any deficiencies noted
will be addressed with the contractor for immediate remedy. Upon a weather report of expecting rain, a site walk will be
conducted to ensure that SWPPP measures are in place and well maintained. Additionally, if desired by the City the APP team
can be assigned as the data submitter for the project to implement the notice of intent (NOI) application, uploading of various
reports and processing of the notice of termination (NOT) on the SMART website.
241Page _
C - 28 ANDERSONTENNA
LProfessional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project — Area 2
Materials Testing Services
Materials Control: The CM team will establish a materials receiving process on site such that all materials deliveries are
accompanied by proper delivery documentation satisfactory to confirm all products comply with the plans and specifications,
approved submittals and bear the requisite certificate of compliance for source and product type. Materials delivered to the site
lacking proper documentation will be flagged as unacceptable and not allowed to be incorporated into the work until proper
documentation is provided and verified.
It is requested to have materials testing to confirm compliance with specifications for the AC overlay and slurry
seal materials. APP will use the materials testing services of La Belle Marvin, Inc. with a turn -around time of 24
hours for the test results to be provided to the City for each test. Timely turn -around of lab test results is an
important aspect of this work. Furthermore, the City shall receive a comprehensive notebook binder that
includes all of the test results upon completion of the project.
La Belle Marvin, Inc. is Caltrans -certified, and all technicians are certified in these testing methods. The City's
expectations and anticipated scope of work for the materials testing includes:
Asphalt Concrete Overlay:
1. Full-time batch plant inspection for the first day of overlay placement; frequency will be at the
discretion of the City thereafter.
2. Testing shall include gradation/sieve analysis, maximum density, asphalt content, air voids, bulk
specific gravity of cores, and stability to meet Greenbook specifications
3. Loose asphalt mix samples shall be obtained per Greenbook specifications.
4. Nuclear gauge testing for proper compaction in the field.
5. Field samples shall be obtained and transported by a technician certified in AC Overlay testing
methods.
Slurry SeaL
1. Field samples shall be obtained and transported by technician certified in slurry seal testing
methods.
2. Perform full set of tests on each sample to determine acceptable emulsion percentage and residual
asphalt, in accordance with California Test 310 (extraction test), wet track abrasion, and aggregate
compliance (sieve analysis and sand equivalent).
3. Testing shall be per Greenbook, AASHTO, ASTM, ISSA, and California test methods to ensure compliance
with specifications.
Subgrade/Base:
1. Maximum density from each CMB supplier and each soil type encountered.
2. Field density and relative compaction tests per ASTM and Greenbook.
Concrete:
1. Trial batch to determine compressive strength if needed.
Clerical services and materials to carry out items listed above shall be incorporated into the costs of the
appropriate items.
251 P a g e
C - 29 AND ERSO NTENNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project —Area 2
The actual materials testing to be conducted for this project will be detailed once the Phase II design is complete. It is
anticipated that Micorsurfacing will be used in lieu of Type II slurry and that all of the AC overlay overlays will be taken out of
the project. We have coordinated with the well regarded firm of La Belle Marvin to assist in developing the detailed testing
program once the project information is available. The testing below has been used herein to provide a general scope and to
develop a budget amount which is presented with the fee portion of this proposal.
AC Mill and Inlay
FIELD INSPECTION
Field Sampling
Nuclear Gage Compaction Technician
(Overtime)
Nuclear Gage Equipment Surcharge
Fuel / Mileage Expense
LABORATORY TESTING
Hveem Maximum Density
REPORTING
Principal Engineer
Office Support
Microsurfacing
FIELD INSPECTION
Field Technician
(Overtime)
Fuel / Mileage Expense
LABORATORY TESTING
TESTS ON MSE*
SSF Viscosity AASHTO T59
Residue, % Min. AASHTO T59
Sieve Test ASTM D244
Storage Stability, 24 hr AASHTO T59
TESTS ON MSE RESIDUE*
Penetration @ 77 F AASHTO T49
Softening Point AASHTO T53
TESTS ON AGGREGATE
Gradation
Sand Equivalent
Durability
Crushed Particle Count
TESTS ON FINISHED PRODUCT
Moisture Content
Ignition, Residual Binder Content
REPORTING
Principal Engineer
Office Support
Delivery of As-builts and Close-out Documents: APP will periodically review the contractor's as -built updates on the
approved job plan set, identify missing items and require the Contractor to keep as -built records up to date throughout the
project as required by the specifications. APP will review the Contractor's submittal of "as -constructed" conditions and
compare this submittal to APP's own documentation. Discrepancies will be discussed, resolved, and recorded. Completed "as -
constructed" plans will be submitted to the City.
APP will enforce the provisions of the specifications to require the Contractor to submit well -coordinated operations and
maintenance manuals, warranties and guarantees, bonds, extra stock and/or other items required by the contract documents
such that a timely close-out of the project is implemented.
261Page _
C — 30 ANDEMONTENNA
Professional Construction Management, Inspection and Materials Testing Services for the
City of Rancho Palos Verdes, Residential Streets Rehabilitation Project — Area 2
Project Close -Out: When the contract is nearing completion, the CM team will initiate closeout procedures. These
procedures involve the following tasks:
• Perform pre -final job walk and prepare the final punch list.
• Coordinate and observe completion of the punch list.
• Make acceptance recommendations and document acceptance of work by the City and other affected agencies.
• Transmit to the City all required waivers, material guarantees, warranties, operations, equipment manuals and all
other documentation required by the contract.
• Transmit to the agency all keys, spare parts, additional material, maintenance material, complete CM files,
videotapes, photo albums and as -built drawings.
• Review and recommend final payment to contractor.
• Prepare a final CM report summarizing the following items:
— Progress report as described above since the last period though date of final acceptance
— Overall project summary report addressing all issues required in the monthly progress reports, final schedule,
contractor evaluation and documentation submittals
— Suggestions for improvement for future projects.
• APP will perform closeout duties, including final organization of project files, and submit to the City for final
approval. APP will also assist with the filing of the notice of completion and release of retention.
271Page _
C - 31 ANDERSO TENNA
RESIDENTIAL STREET REHABILITATION - AREA 2
City of Rancho Palos Verdes
(Assume 90 Working Days)
TASK
CM
Inspection
Admin
I
Materials
TOTAL
Hours I Rate
Hours Rate
Hours Rate
Units Rate
Item 1 - Construction Management Services
(a) Oversee Inspection and Manage
251
$160
$40,160
Project Construction
(b) Review Daily Inspection Reports
80
$160
$12,800
prior to submittal to City
$1,600
(c) Review Weekly Statement of
10
$160
Working Days prior to submittal to City
(d) Assist in the review and processing
of Request for Information, Change
20
$160
10
$118
24
$80
$6,300
Orders, approved Time and Material
work, and Submittals.
$160
(e) Ensure compliance of work
20
$3,200
performed with specs
(f) Attend Weekly Progress Meetings
40
$160
10
$118
$7,580
(g) Attend Pre -Construction Meeting
4
$160
$640
(h) Serve as liaison between City and
40
$160
$6,400
construction contractor
$160
(i) Respond to resident concerns in a
70
$11,200
timely fashion
8
$80
(j) Final Deliverables
10
$160
$2,240
Subtotal CM Services
545
--
20
--
32
--
0
--
$92,120
5/10/2016
�-, I., t.,
ANDERSON- PENNA
PARTNERS IN PROJECT DELIVERY -
C -32
PAGE 1 OF 2
RESIDENTIAL STREET REHABILITATION - AREA 2
City of Rancho Palos Verdes
TASK
CM
Inspection
Admin
I
Materials
TOTAL
Hours Rate
Hours Rate
Hours Rate
Units Rate
Item 2 - Inspection Services
(a) Inspect work for compliance with
specs at all times work is in progress
0
$160
550
$118
$118
$64,900
(b) Prepare Daily Inspection Reports
0
$160
80
$9,440
(c) Prepare Weekly Statement of
Working Days
0
$160
32
$118
$3,776
(d) Assist staff with public relations
during construction
40
$160
8
$118
$7,344
(e) Attend Pre -Construction Meeting
4
$118
$472
(f) Develop a final punch list
8
$160
8
$118
$2,224
Subtotal Inspection Services
IT -48
I --
1 682
1 --
1 0
-
0
1 --
1 $88,156
Item 3 - Materials Testing Services (MT)
(a) AC Overlay Testing (ARAM)
0
0
$160
$160
4
4
$118
$118
5
$2,465
$12,797
(b) Slurry Seal Testing (Micro)
18
$2,856
$51,880
(c) Subgrade/Base
0
$160
4
$118
8
$80
$1,112
(d) Concrete
(e) Final Deliverables
0
$160
4
$118
$70
$472
2
$160
2
$118
8
8
$225
$2,916
Subtotal MT Services
2
--
18
--
8
--
--
--
$69,177
TOTAL SERVICES
595
--
720
--
40
--
--
--
$249,453
5/10/2016
ANDERSON- PENNAL
PARTNERS IN PROJECT DELIVERY -
C -33
PAGE 2OF2
Figure B
D-1