CC SR 20200901 D - On-Call PW Services Agmt with Ardurra
CITY COUNCIL MEETING DATE: 09/01/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award an agreement to Ardurra Group, Inc. for on-
call Public Works services.
RECOMMENDED COUNCIL ACTION:
(1) Award a contract services agreement to Ardurra Group, Inc. for on-call
engineering, design, construction management and inspection services at a cost
not to exceed $180,000 until June 30, 2023 unless extended for one additional
one-year term; and,
(2) Authorize the Mayor and City Clerk to execute the contract, in forms approved by
the City Attorney
FISCAL IMPACT: Funding for the on-call services described in the Contract Services
Agreement (Agreement) is part of the overall $170,000 budgeted in
the Public Works Professional Services program. However,
because this program funds various services, no more than
$20,000 is allocated for services provided by Ardurra Group for FY
2020-21.
Amount Budgeted: $170,000
Additional Appropriation: N/A
Account Number(s): 101-400-3110-5101
(General Fund – PW Administration/Professional Services)
ORIGINATED BY: James S. O’Neill, Project Manager
REVIEWED BY: Ron Dragoo, Principal Engineer
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Proposed Contract Services Agreement with Ardurra Group, Inc. (page A-1)
B. Proposal from Ardurra Group, Inc. dated May 21, 2020 (page B-1)
BACKGROUND AND DISCUSSION:
Ardurra Group, Inc. (Ardurra), formerly AndersonPenna Partners, Inc. (AndersonPenna)
has performed on-call engineering, design, construction management, and inspection
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services for the City for the past six years under a 2014 agreement. That agreement
was amended twice, extending the original term from June 30, 2018, through June 30,
2020, and has now expired with the second amendment, specifically stating that “No
extensions shall be permitted beyond June 30, 2020 .” This new contract services
agreement (Attachment A) would allow Staff to continue to use services provided by
Ardurra on an on-call basis.
Under the previous contract, Ardurra (formerly called AndersonPenna) provided
engineering and construction management services for a number of City proje cts,
including, but not limited to:
Americans with Disabilities Act (ADA) access for Area 9
Lower Hesse Park survey
Palos Verdes Drive East widening
Palos Verdes Drive East traffic improvements
Residential Streets Rehabilitation projects
ADA access improvements at crosswalks
Staff has received a proposal (Attachment B) for on-call services, including Civil
Engineering (Civil Design, Plan Checking, and General Consulting Services) and
Construction Management (oversight) and Inspection for three years. Based on that
proposal, Staff recommends the award of a new Agreement with Ardurra through June
30, 2023 (Attachment A).
It is important to note that one of Ardurra’s Project Managers has been deeply involved
with the Palos Verdes Drive East roadway widening project. That work has been
temporarily suspended with the expiration of the current Ardurra contract. This new
contract will allow Ardurra’s involvement to continue and allow that project manager to
be included in upcoming public meetings, retaining institutional knowledge of this high-
profile project.
Staff, therefore, recommends the City Council award a new, three-year, agreement to
Ardurra for a maximum of $180,000 to use its services as needed. No task shall have a
value of over $25,000, and the total amount expended during a fiscal year shall not
exceed budgeted funds.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action s are available
for the City Council’s consideration:
1. Do not award the agreement to Ardurra.
2. Take other action as deemed appropriate by the City Council.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
ARDURRA GROUP, INC.
for
ON-CALL ENGINEERING, DESIGN, CONSTRUCTION OVERSIGHT AND
INSPECTION SERVICES
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AGREEMENT FOR ON-CALL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
ARDURRA GROUP, INC.
THIS AGREEMENT FOR ON-CALL SERVICES (herein “Agreement”) is made and
entered into this on September 1, 2020 by and between the City of Rancho Palos Verdes, a
California municipal corporation (“City”) and Ardurra Group, Inc., a Florida corporation
(“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or
“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 mean those
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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 Prevailing Wages.
Consultant acknowledges that some of the services assigned to Consultant may constitute
a “public work” as that term is defined in Section 1720 of the California Labor Code. If any of
the services assigned hereunder are public works, Consultant shall comply with all applicable
provisions of the California Labor Code, including those set forth in Exhibit “E”, incorporated
herein by this reference.
1.5 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.
1.6 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.
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1.7 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.
1.8 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 party shall be responsible
for the service of the other.
1.9 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
Consultants. 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.
1.10 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
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actual expenses, shall not exceed $180,000 (One Hundred Eighty Thousand Dollars) (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
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
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 contain all information
specified in Exhibit “C”, and 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.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) 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 June 30,
2023, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may,
in its sole discretion, extend the Term for one additional one-year term.
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:
Bob Merrel Project Manager
(Name) (Title)
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Dino D’Emilia Project Manager, Construction
Services
(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, City Engineer, 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
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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
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. Without limiting Consultant’s indemnification of City, and
prior to commencement of any services under this Agreement, Consultant shall obtain, provide
and maintain at its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
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policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
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in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
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of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegot iate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, 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:
(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;
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(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
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
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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.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Consultant shall not release or disclose any
such information or work product to persons or entities other than 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
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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
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.
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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.
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 15 (fifteen) 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
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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-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
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
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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
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.
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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
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
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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) that 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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
John Cruikshank, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
ARDURRA GROUP, INC., a Florida
corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 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 t hat 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 DESCRIPTION OF ATTACHED DOCUMENT
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))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 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 p aragraph 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 DESCRIPTION OF ATTACHED DOCUMENT
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))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide on-call design and construction management services, as
more fully detailed below. The Consultant has been selected to provide services of a
certain nature which will be readily available for a fixed rate when needed.
However, before any work is performed, the Consultant must provide a specific
written proposal for any requested services and get wri tten approval of the terms of
the proposal from the City, as such process is more fully described herein. Unless
specifically defined, each category or type of work listed below shall be construed
broadly to include all services customarily described under such category or type.
A. Engineering Design Services.
1. Engineering Design Services includes projects such as a residential street
rehabilitation project, a street widening project, a curb, gutter, and sidewalk
replacement project, and a storm drain project. A typical Engineering Design
Services project will include, but not BE limited to. the following tasks:
a. Review of existing records.
b. Prepare engineering plans and profiles/details.
c. Attend bi-weekly meetings during design phase.
d. Prepare technical specifications and special provisions.
e. Prepare Engineer's Estimate.
f. Coordinate the design efforts with all utilities and obtain utility
clearance from all utilities.
g. Attend pre-bid and pre-construction meetings.
h. Prepare any necessary addendum/respond to all questions raised by
prospective bidders.
i. Provide deliverable and as-built drawings (one set of reproducible
plans for construction at the end of construction, prepare "as-built"
drawings and submit final drawings electronically on CD in CAD and PDF
formats, geodatabases or CIS shape files at the closing of the project);
j. Construction support:
i. Review submittals/shop drawings.
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ii. Review design change requests.
iii. Respond to questions regarding the technical provisions, design
drawings, conflicts, etc.
B. Construction Oversight and Inspection Services
1. A typical Construction Oversight and Inspection Services project will include, but
is not limited to the following elements:
a. Safety. Consultant will recommend key safety provisions to require
the contractor to have competent safety personnel and site specific safety
programs employed on the project at all times and will monitor the
contractor's operations for compliance with the project safety requirements
and requisite provisions of state and federal Law.
b. Public Relations. Consultant will take a proactive approach to
reach out to the public, resulting in the successful completion of public
works improvement projects in close proximity to adjacent property
owners. The projects are adjacent to varying densities of residential
properties as well as retail, commercial and educational uses. Strict
adherence to allowable working hours, and noise and dust control
requirements will be imperative to minimize impacts. Consultant will
intensify and continue the public relations effort as the start of
construction nears and throughout the duration of the project.
c. Protocol and Communication. Protocol will be determined as
appropriate for each project and maintained for the project duration.
Communications and correspondence will be handled in a professional and
respectful manner. Consultant will act as the hub of communication with
timely distribution of requisite correspondence and documentation to all
respective stakeholders as applicable. In addition to time-tested and
efficient construction administration and project controls procedures,
documents and programs, Consultant also offers the web-based
collaboration of Procore. Procore is a widely used cloud-based
construction software that maximizes the efficiency of managing
construction projects while connecting project participants to critical
project documents and real-time project data.
d. Quality Assurance/Qualitv Control (QA/QC) Management Process.
Consultant will utilize standardized project electronic filing system, which
is mirrored with a binder-based hard copy indexed system. Consultant’s
electronic filing system is a cloud-based system accessible real-time to all
project team members as well as its client as requested. Daily, weekly and
periodic correspondence, logs and reports are regularly reviewed for
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accuracy, up to date maintenance, aging, and escalation of issues,
appropriateness, potential changes and/or claims and contract compliance.
e. Bidabilitv/Constructability. Conducting a
bidability/constructability review of construction bid documents typically
results in savings substantially exceeding the cost of the review services.
Public bid documents consist of many separate sections, plans, permits and
reference standards. Consultant is very well versed in reviewing public bid
documents to identify potential conflicts, omissions and/or
recommendations for alternative methods or products to achieve similar to
better results at equivalent or less cost.
f. Temporary and Permanent Utilities. Early and continuous
coordination with utilities is imperative to ensure timely availability of
temporary and permanent services. Consultant has extensive experience
assisting contractors in dealing with local utilities on complex utility
coordination projects for other agencies as well as for utility agencies
directly.
g. Storm Water Pollution Prevention Plan: Bidders should be clearly apprised
of the minimum requirements to mitigate storm water during each phase of
construction. It is recommended a SWPPP be included in the bid package
with corresponding separate bid items. Additionally, the Consultant has
acted as the data submitter for several local agencies, and implemented the
NOI application, uploading of various reports and processing of the NOT.
h. Availability of Suitable Import. Significant delays can occur if
suitable import material is not found within a reasonable distance from the
site. The specifications should be clear on the minimum radius from which
the contractor should be required to import soils. Depending on the criteria
of the soils report, screening or other processing requirements should be
stipulated in the bid documents should local material not be required.
Minimum documentation requirements should also be detailed to qualify a
contractor's request for additional, non-compensable delay days if the
availability of soils is purported to impact the schedule.
i. Schedule. The ability of the Consultant to monitor, track and
control the contractor rests largely on the adequacy of the specifications
and schedule requirements set forth to the contractor. Consultant will
recommend time tested language for incorporation into the bid documents
to establish useful and fair scheduling requirements to keep a proactive
look-ahead tool for the project. Additionally, these requirements will
include provisions to establish clear procedures for addressing only
legitimate impacts to project time, thereby minimizing the need for delay
related change orders, disputes and their resulting costs. Consultant will
A-25
work proactively and cooperatively with contractors on a weekly basis to
review and coordinate upcoming activities, drilling down on each activity
to identify key quality assurance, safety, pedestrian control, submittals
and/or documentation requirements necessary to successfully implement
upcoming activities.
j. Substitutions and Submittals. Timely procurement of materials and
equipment for any building construction project is imperative. By
submitting its bid, the contractor is indicating it can successfully procure
and construct the necessary components within the allotted time.
Consultant will recommend provisions to be added to the specifications to
require that the contractor clearly identifies required lead times for all
components of the project through a detailed, subsection by subsection
submittal log, tied to the critical path schedule. Consultant will assist the
City to continuously monitor that the contractor submits each item in a
timely manner and that the review and approval of each item is not
unnecessarily delayed by the City and/or A/E review process. Responses
will be clearly documented to note the contractor's failure to meet
specification requirements, thereby maintaining the contractor's
responsibility to meet the contract completion deadline. Any substitution
requests will only be processed for consideration if the item is considered
equal or a substantial savings can be identified with little or no degradation
to the quality or function intended for the specified item.
k. Requests for Information (RFIs). Consultant will receive review,
expedite, and process responses to contractor RFIs. Contractors typically
utilize the RFI process to initiate changes on construction contracts.
Consultant will review all RFIs and clearly document that responses are
clarification and that no additional cost or time will be considered. Should
a response to an RFI appear to potentially impact cost or time, Consultant
will identify and recommend implementation of the most cost and quality
effective alternative to the City and expedite implementation with the
contractor.
l. Contractor's Representation. Consistent and competent
representation by the contractor is a key factor in the successful
completion of any building project. Consultant will recommend clear and
specific requirements for inclusion into the bid documents to establish: 1)
The minimum percentage of work required to be performed by the prime
contractor 2) documentation requirements for verification of the amount of
work to be subcontracted 3) Requirements for the contractor's full time
project management, safety officer and superintendence throughout the
project and 4) Minimum qualifications for the contractor's project
manager, safety officer and superintendent.
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m. Change Management/Claims Resolution. Consultant will
implement its time-tested claims management process to minimize
changes to the project and avoid claims such that the project can be
quickly and successfully closed out. The basis for Consultant’s procedures
is a well-organized documentation system, a keen understanding of the
construction process, exceptionally qualified staff and fair and firm
negotiations. Consultant will not defer difficult issues and will process
only change issues that have been analyzed and determined to have merit.
Those items will only be recommended for consideration when the most
reasonable cost and time have been negotiated and all alternatives to avoid
the impact have been exhausted and/or resolved.
n. Compliance with Federal Requirements: Consultant has a keen
understanding of the Local Assistance Procedures Manual (LAPM), and
Caltrans Oversight three review process. As a result, projects will be
delivered with well-organized and complete documentation that includes
all the requirements to ensures compliance with federal requirements such
that reimbursements are processed in a timely manner.
II. Work Request Procedure
A. Each task to be performed shall be set forth in a written request (“Request”)
produced by the Contract Officer with a description of the work to be performed,
and the time desired for completion. All tasks shall be carried out in conformity
with all provisions of this Agreement.
B. Following receipt of the Request, the Consultant shall prepare a “Task Proposal”
that includes the following components:
1. a written description of the requested task (“Task Description”) including all
components and subtasks, and including any clarifications of the descriptions
provided in the Request;
2. the costs to perform the task (“Task Budget”);
3. an explanation of how the cost was determined; and
4. a schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed when a written agreement has been reached on the Task
Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
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E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
III. Consultant acknowledges that City has no obligation to request work from
Consultant under this Agreement. City may establish a rotation schedule with
multiple consultants, and may seek competing Task Proposals.
IV. 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 shall provide to City a weekly written summary of progress on all
approved Task Proposals for services lasting longer than one week.
V. All work product is subject to review and acceptance by the City, a nd must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
VI. Consultant will utilize the following personnel to accomplish the Services:
A. Bob Merrell, Project Manager.
B. Joe Buckner, Roadway and Drainage.
C. Miquel Hurtado, Roadway.
D. Dino D’Emilia, Project Manager, Construction Services.
E. John Wolitarsky, CM.
F. Earl Schwartz, CM.
G. Joe Stakley, CM/Inspector.
H. Scott Neumann, CM/Inspector.
I. Al Aguilera, Construction Inspection.
J. Omar Alameddine, Construction Inspection.
K. Brian Briones, Construction Inspection.
L. Douglas Davidson, Construction Inspection.
M. Paul West, Construction Inspection.
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N. Manuel Briones, Construction Inspection.
O. Don Wren, Jr., Construction Inspection.
P. Keith Forbes, Construction Inspection.
Q. John Dela Cruz, Construction Inspection.
R. Gary Lozonne, Construction Inspection.
S. Pat Madsen, Construction Inspection.
T. Christian Ott, Construction Inspection.
U. Matt Reagan, Construction Inspection.
V. Mark Sanchez, Construction Inspection.
A-29
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. Section 7.10, Liquidated Damages, is added to read:
7.10 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event
of a breach of this Agreement, the Consultant and its sureties shall be liable for
and shall pay to the City the sum of $50 (Fifty Dollars) as liquidated damages
for each working day of delay in the performance of any service required
hereunder, as specified in the Task Completion Schedule. The City may
withhold from any monies payable on account of services performed by the
Consultant any accrued liquidated damages. Pursuant to Government Code
Section 4215, Consultant shall not be assessed liquidated damages for delay in
completion of the project when such delay was caused by the failure of the
public agency or owner of the utility to provide for removal or relocation of
utility facilities.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit C-1. The
rates provided in Exhibit C-1 may not be escalated during the term of this
Agreement. Estimated quantities listed in Exhibit C-1, if any, are for the purpose of
estimation only. Actual quantities and compensation will depend on the needs of the
City.
II. Within the budgeted amounts for each task in the Task Budget, and with the
approval of the Contract Officer, funds may be shifted from one Task subbudget to
another so long as the Task Budget is not exceeded.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement. The total Task Budget for any work
request shall not exceed $60,000.
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EXHIBIT “C-1”
RATES
I. Consultant will provide Engineering Design Services at the following rates:
*Positions noted with an asterisk are subject to overtime rates billed at 1.5 times regular rates for
all time over 8 hours in a single day or work performed on Saturday and double time rates for
work performed on Sundays and Holidays.
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II. Consultant will provide Construction Oversight and Inspection Services at the
following rates:
1The above hourly rates include wages, fringe and general and administrative overhead and fee,
as well as typical supplies, tools and equipment required to perform services.
2Rate applies to the first four hours of overtime during the week; all overtime in excess of four
hours is paid at the Sunday/ holiday rate.
3Prevailing Wage Rates are subject to increases pursuant to the State of California’s Department
of Industrial Relations Wage Rate Determinations. Ardurra's Billing Rates take into account the
DIR increase, plus overhead and profit. The current rates are based on Determination # SC-23-
63-2-2019-1D Issued 8/22/2019 (including the predetermined increases on 7/1/2020 and
7/1/2021). Actual rates may be lower than published depending on timing of assignments.
A-33
4A Special Shift is any shift that starts after 5:00PM and before 6:00 AM.
5The following minimum callout applies to Inspection staff, in accordance with Industrial
Welfare Commission Order No. 16‐2001:
∙ Cancellation of 8 hours scheduled inspection after inspector's arrival on site: 4‐hour minimum
∙ Cancellation of 4 hours scheduled inspection after inspector's arrival on site: 2‐hour minimum
6For contracts involving public works inspection services, Ardurra requires the awarding public
agency to complete DIR form PWC‐100 solely for Ardurra as the prime contractor specific to the
awarded contract name and amount. A half‐hour per week, per inspector labor compliance charge
will be billed for all Prevailing Wage inspection assignments.
A-34
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall complete each Task no later than the Task Completion Date set in
the Task Proposal and shall not receive additional compensation for work
completed after the Task Completion Date.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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PROPOSAL | City of Rancho Palos Verdes
Public Works Department
2020-2023 On-Call Public Works Services
On-Call Proposal
• Civil Engineering (Civil Design, Plan Checking, and
General Consulting Services)
• Staff Augmentation for Public Works Services
• Construction Management and Inspection
May 21, 2020`
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Table of Contents
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1. Firm Qualifications
Firm Profile
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2. Project Understanding and Approach
Project Understanding
City, State, Federal, CDBG and ADA Projects Familiarity
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A. Engineering Design Services
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B. Construction Oversight and Inspection
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Project Approach
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Scope of Services
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3. Availability
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4. Project Team Organization/Project Management
Team Organization Chart
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5. Staffing Capabilities
Project Manager, Bob Merrell, PE
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Engineering Design Expertise
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6. Rancho Palos Verdes Experience
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7. Other Local Experience
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8. Ardurra On-Call Fee Schedule 2020-2023
Engineering Services
Staff
Principal
QA/QC Manager
Project Manager IV
Project Manager III
Project Manager II
Project Manager I
Project Engineer IV
Project Engineer III
Project Engineer II
Project Engineer I
Support Engineer II
Support Engineer I
Project Designer III*
Project Designer II*
Project Designer I*
CADD Drafter III*
CADD Drafter II*
CADD Drafter I*
Public Works Technician I*
Administrative Assistant
$195
Hourly Rate
$230
$215
$220
$120
$185
$175
$190
$180
$175
$165
$160
$155
$145
$135
$125
$115
$110
$105
$100
· Additional services not specifically called for in the proposal
Effective July 1, 2020 to June 30, 2023 Standard Billing Rate Schedule for the
City of Rancho Palos Verdes
Ardurra Group, Inc.
Public Works West
* Positions noted with an asterisk are subject to overtime rates billed at 1.5 times regular rates for all time
over 8 hours in a single day or work performed on Saturday; and double time rates for work performed on
Sundays and Holidays.
Other Direct Costs: Reimbursement of identifiable non-salary costs that are directly attributable to the
project such as oversized and/or color reproduction costs, overnight postage or couriers, etc., are billed at
actual cost plus five percent (5%) to cover overhead and administration. Mileage required for travel are
billed at the allowable IRS mileage reimbursement rate (currently $0.58 per mile).
Fees for subconsultant services: Billed at actual cost plus 15 percent (15%) to cover overhead and
administration.
Exclusions to Scope and Fee: The following items are specifically excluded:
· Legal advice
B-48
Municipal Services
Staff
Principal
Project Exec./Management Consultant
Senior Program Manager
Program Manager
Project Manager III
Project Manager II
Project Manager I
Plan Check Engineer IV
Plan Check Engineer III
Plan Check Engineer II
Plan Check Engineer I
Public Works Technician III*
Public Works Technician II*
Public Works Technician I*
Fees for subconsultant services: Billed at actual cost plus 15 percent (15%) to cover overhead and
administration.
Exclusions to Scope and Fee: The following items are specifically excluded:
· Legal advice
$220
$198
$198
$188
Hourly Rate
$230
· Additional services not specifically called for in the proposal
Public Works West
Effective July 1, 2020 to June 30, 2023 Standard Billing Rate Schedule for the
City of Rancho Palos Verdes
Ardurra Group, Inc.
Other Direct Costs: Reimbursement of identifiable non-salary costs that are directly attributable to the
project such as oversized and/or color reproduction costs, overnight postage or couriers, etc., are billed at
actual cost plus five percent (5%) to cover overhead and administration. Mileage required for travel are
billed at the allowable IRS mileage reimbursement rate (currently $0.58 per mile).
* Positions noted with an asterisk are subject to overtime rates billed at 1.5 times regular rates for all time
over 8 hours in a single day or work performed on Saturday; and double time rates for work performed on
Sundays and Holidays.
$130
$120
$105
$180
$185
$175
$170
$160
$215
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Staff Rate 1
Principal $230
Project Executive $220
Sr. Program Manager $200
Program Manager $190
Sr. Project Manager $200
Project Manager $190
Asst. Project Manager $175
Sr. Construction Manager $190
Construction Manager $185
Asst. Construction Manager $175
Structures Representative $220
Project Controls Engineer $130
Labor Compliance, Documents
Control, Administration
$125
Regular
Time
Rate 1 Mon – Fri 2 Sat. 2 Sunday/
Holiday
$135 $189 $189 $243
$138 $193 $193 $248
$250 $350 $350 $450
$190 $266 $266 $342
$130 $182 $182 $234
$145 $203 $203 $261
$118 $165 $165 $212
Public Works Inspector (Non‐Prevailing Wage) 6
Ardurra Group, Inc.
Effective July 1, 2020 to June 30, 2023 Standard Billing Rate Schedule for the
City of Rancho Palos Verdes
Public Works West
Construction Management and Inspection Services
NDT Testing (Prevailing Wage) 3, 5, 6
Public Works Inspector (Prevailing Wage ‐ Special Shift) 3, 4, 5,
6
Accessability Expert / CASp Inspector 6
DSA / OSHPD Inspector of Record 6
Deputy Inspection (Prevailing Wage) 3, 5, 6
Overtime
Staff
Public Works Inspector (Prevailing Wage)3, 5, 6
B-50
∙ Legal advice
∙ Specialized software (other than MS Office
Suite and MS Project)∙ Building code inspection
∙ Construction labor, materials and/or equipment
∙ Copies of plan and specifications or other
oversized drawings∙ Work hours/level of effort over and above
those initially approved for the scope of
Fees for subconsultant services: Billed at actual cost plus 15 percent (15%) to cover overhead and administration.
Exclusions to Scope and Fee: The following items are specifically excluded:
Payment Terms: A late payment finance charge at a rate of 12 percent (12%) per annum will be applied to any unpaid
balance commencing 45 days after the date of the original invoice.
5 The following minimum callout applies to Inspection staff, in accordance with Industrial Welfare Commission Order No.
16‐2001:
∙ Cancellation of 8 hours scheduled inspection after inspector's arrival on site: 4‐hour minimum
∙ Cancellation of 4 hours scheduled inspection after inspector's arrival on site: 2‐hour minimum
6 For contracts involving public works inspection services, Ardurra requires the awarding public agency to complete DIR
form PWC‐100 solely for Ardurra as the prime contractor specific to the awarded contract name and amount. A half‐hour
per week, per inspector labor compliance charge will be billed for all Prevailing Wage inspection assignments.
Other Direct Costs: Reimbursement of identifiable non-salary costs that are directly attributable to the project such as
oversized and/or color reproduction costs, site facility hard phone line and/or internet service charges, other travel
expenses to remote fabrication yards /batch plants, overnight postage or couriers, etc., are billed at actual cost plus five
percent (5%) to cover overhead and administration. Travel charges to a casting/fabrication yard or batch plant will include
the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Non-commuting mileage
required for travel on the project and to and from locations other than the project site are billed at the allowable IRS
mileage reimbursement rate (currently $0.58 per mile).
1 The above hourly rates include wages, fringe and general and administrative overhead and fee, as well as typical supplies,
tools and equipment required to perform services.
2 Rate applies to the first four hours of overtime during the week; all overtime in excess of four hours is paid at the
Sunday/ holiday rate.
3 Prevailing Wage Rates are subject to increases pursuant to the State of California’s Department of Industrial Relations
Wage Rate Determinations. Ardurra's Billing Rates take into account the DIR increase, plus overhead and profit. The
current rates are based on Determination # SC-23-63-2-2019-1D Issued 8/22/2019 (including the predetermined increases
on 7/1/2020 and 7/1/2021). Actual rates may be lower than published depending on timing of assignments.
4 A Special Shift is any shift that starts after 5:00PM and before 6:00 AM.
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