HomeMy WebLinkAboutC-4542 - PSA for Staff Support Services for Various Capital Improvement Projects1
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH ANDERSONPENNA PARTNERS, INC., FOR STAFF SUPPORT
SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
THIS AMENDMENT NO. THREE TO AGREEMENT FOR PROFESSi� A
SERVICES ( "Agreement') is made and entered into as of the �.... day of e , M,
2012, by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ( "City"), and ANDERSONPENNA PARTNERS, INC., a
California corporation (`Consultant'), whose address is 20280 Acacia St, Ste. 100,
Newport Beach, CA 92660, and is made with reference to the following:
RECITALS
A. On March 16, 2010 (`Effective Date "), City and Consultant entered into a
Professional Services Agreement (`Agreement') for engineering staff support
services on an as- needed basis for various Capital Improvement Projects
(`Project').
B. On June 4, 2010, City and Consultant entered Amendment No. One to the
Agreement to extend the term, increase the scope of work and increase the total
compensation (`Amendment No. One ").
C. On October 10, 2010, City and Consultant entered Amendment No. Two to the
Agreement to increase the scope of work and increase the total compensation
(`Amendment No. Two').
D. City desires to enter into this Amendment No. Three to extend the term of the
Agreement to June 30, 2014.
E. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of the Agreement shall commence on the Effective Date and shall
terminate on June 30, 2014, unless terminated earlier as set forth herein.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement, as amended shall remain unchanged and shall be in full force and
effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10 /, s �i z
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:�\ \ \ N2
By: (' O() — By: &
Aaron arpDave
City Attorney M� �0 l� City Manager
ATTEST:
Date:
By: UVY�
Leilani I. Brown
City Clerk
CONSULTANT: ANDERSONPENNA
PARTNERS, INC., a California
corporation
Date: /'�'?-- ;,& --12-
:,
M..
By: C.�11-e. / .c1I / —1/)
Angel' ue Lucero
Chief Financial Officer
[END OF SIGNATURES]
Page C-2
C1912-
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSONPENNA PARTNERS INC. FOR
STAFF SUPPORT SERVICES FOR
VARIOUS CAPITAL IMPROVEMENT PROJECTS
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. Two "), is entered into as of this ION day of 064VW , 2010,
by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation
( "City "), and ANDERSONPENNA PARTNERS, INC. a California corporation whose
address is 309 Agate Street, Laguna Beach, California 92651 ( "Consultant "), and is
made with reference to the following:
RECITALS:
A. On March 16, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for engineering support services on an as- needed
basis for various Capital Improvement Projects ( "Project ").
B. On June 4, 2010, City and Consultant entered into Amendment No. One to the
Agreement to increase the scope of work and total compensation ( "Amendment
No. Two ").
C. City desires to enter into this Amendment No. Two to reflect additional services
not included in the Agreement or prior Amendment and to increase the funding
cap for total compensation.
D. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Section two of the Agreement, as amended, shall be supplemented to include the
Scope of Services which is attached hereto as Exhibit `A' and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
2. COMPENSATION
The introductory paragraph to Section 4 of the Agreement, as amended, shall be
amended in its entirety and replaced with the following: City shall pay Consultant for the
services on a time and expense not -to- exceed basis in accordance with the provisions
of this Section and the Schedule of Billing Rates attached to the Agreement.
Consultant's total amended compensation for all work performed in accordance with this
Agreement and all prior amendment, including all reimbursable items and subconsultant
fees, shall not exceed Five Hundred Thousand Dollars and no /100 ($500,000.00)
without prior written authorization from City ( "Total Amended Compensation ").
2.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Two, including all reimbursable items and
subconsultant fees, in an amount not to exceed Seventy -Seven Thousand
Dollars and no /100 ($77,000.00), without prior written authorization from
City.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement and prior amendment shall remain unchanged and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Two
on the dates below.
APPROVED AS TO FORM:
OFFICE 'F�TI�f/T j ATTORNEY
By:',_� 11 r
Leonie Mu v hill
Assistant City Attorney
ATTEST:
Date:
_9
:
BY
Leilani I. Brown
City Clerk
.10 '_T PO
4Z7/,i ri pP"_'o
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:�"`'
Keith D. Cur , ayor
CONSULTANT: ANDERSONPENNA
PARTNERS, INC., a California corporation
Date:
By:
Tief
Date: Aj 2v
ant
Officer
By: X4zeee
AngEYqu# Lucero
Chief Financial Officer
Attachment: Exhibit A — Additional Services to be Performed
I
EXHIBIT A
City of Newport Beach
City Engineering Services Scope of Work
Appendix A - Scope of Work
Appendix A - Scope of Work
ANDERSON • PENNA
• PARTNERS IN PROJECT DELIVERY.
As requested, AndersonPenna Partners, Inc. will perform the following on -call services to be invoiced
monthly using the billing rates in Attachment B.
A. General Management
1. Provide oversight of Master Project Schedule including meeting with project managers, assist
with facilitation of critical program milestones, and disseminating information to appropriate
staff.
2. Perform special project assignments as requested by the Director of Public Works and Deputy
Director of Public Works /City Engineer, including but not limited to assistance with the
following:
a) Street lighting Policy
b) ADA Transition Plan
c) Standard Plans Updates
d) Republic Signal Maintenance Contract
e) PCH Relinquishment
f) Flashing Speed Signs Policy
3. Coordination with Utilities Department including but not limited to assistance with the
following:
a) Recycled Water System Master Plan
b) Oil Well System Improvements and Policies
c) Coordination with OCSD
d) Sewer Fee
B. General Municipal Engineering -As requested:
1. Attend City Council and Planning Commission meetings.
2. Attend staff and community meetings.
3. Analyze City's needs and prepare short and long -term CIP recommendations.
4. Review and comment on planning programs and land development controls.
5. Recommend regulations and ordinances pertaining to engineering matters and provide advice
regarding public works activities.
6. Coordinate with other agencies, the public and utility companies on engineering matters.
Appendix A - Page 1
City of Newport Beach
City Engineering Services Scope of Work
Appendix A - Scope of Work
ANDERSON • PENNA
PARTNERS IN PROJECT DELIVERY.
7. Advise the City as to funding availabilities and, and when directed, initiate and prepare funding
applications.
8. Assist in the preparation of the City's operational budget.
9. Perform additional functions, including, but not limited to, the preparation of general
correspondence and staff reports.
C. Public Works and Building Plan Check and Inspection Services - As Requested:
1. Receive and process requests for public works maintenance and improvement.
2. Review engineering plans and specifications; provide construction administration and
observation for City projects designed by others:
3. Review building plans for compliance with the following government codes, and prepare review
letters identifying elements of the design that do not comply with the provisions of the codes:
a) 2007 California Building Code
b) 2007 California Plumbing Code
c) 2007 California Mechanical Code
d) 2007 California Electrical Code.
e) 2008 California Energy Standards.
f) Compliance with Owner furnished Geotechnical Report
g) Compliance with Owner furnished Conditions of Approval
Attend on site meetings with the design team to resolve plan review issues, and report status of
reviews with the City Building Official and Public Works Director on a regular basis.
4. Provide supplemental staff support, to complete project or development related plan check and
inspection services, including providing and /or acting as the City's Building Official or dedicated
representative as requested. Designated Building Officials and /or Representatives shall meet
and comply with all necessary State Certifications and Licensing requirements.
5. Provide construction observation associated with work performed on City development projects
and infrastructure projects including streets, water and sewer facilities, medians, slopes and
parks for compliance with approved plans, specifications, permits, and City guidelines and
standards.
6. Recommend notices of completion and acceptance of work.
7. Observe construction of improvements by private developers and make recommendations
regarding completion and acceptance of the work.
8. Provide bridge inspection and rating, in compliance with AASHTO standards.
9. Provide construction management as requested.
Appendix A - Page 2
City of Newport Beach
City Engineering Services Scope of Work
Appendix A - Scope of Work
D. Capital Improvement Projects -As requested:
1. Assist in the preparation of the City's capital improvement budgets.
%\
ANDEMON TENNA
.PARTNERS IN PROJECT DELIVERY.
2. Develop Requests for Proposals for design or construction management contracts, to meet
agency requirements and /or federal funding requirements (including ARRA funded projects).
3. Assist with selecting appropriate consultant candidates, coordinate the selection process,
participate as a reviewer in interviews, prepare agency staff reports recommending consultant,
prepare consultant contract, prepare Notices of Award, Notices to Proceed, and attend
meetings with consultant.
4. Oversee design and construction management quality control by performing regular
documentation review for Federal reimbursement requirements, if required, review schedules,
review and approve change orders, process any required contract amendments, prepare
invoices to Caltrans for reimbursement of Federal funds, retrieve and attach necessary backup
information.
5. Project description support and general oversight and coordination of the environmental
document process, NPDES compliance, SWPPP preparation, and other permitting and
environmental compliance, along with coordinating with local agencies, utilities, Caltrans, and
resource agencies as necessary for permitting, approvals, and general community relations.
6. Provide value- engineering reviews.
7. Assist in the bidding of projects.
AndersonPenna Partners, Inc. can also provide assistance to the City of Newport Beach in the following
areas:
FI NANCIAL CONSU LTI NG
• Assessment district formation and annual administrat ion services including apportionments,
delinquency review, and reporting.
• Existing assessment district evaluation services.
• Reimbursement review of developer- constructed infrastructure financed through Community
Facilities Districts or Assessment Districts
• Assistance with obtain ing fed era I or state grants or low interest rate loans, and administration
of the funds including coordinating application s, invoices, reimbursements, and closeout s.
• Feasibility studies.
• Cost allocation studies.
• Proposition 218 strategy and balloting services.
ENERGY EFFICIENCY
• Develop energy efficiency and management plans for agencies, including review or audit of
energy use at agency facilities.
Appendix A - Page 3
City of Newport Beach i
City Engineering Services Scope of Work ANDERSON • PENNA
AppendixA - Scope of Work PARTNERS IN PROJECT DELIVERY-
Create a list of energy goals.
• Prepare a project priority list.
• Determine possible commercially availab le technologies to improve existing equipment.
• Review pre - qualified lists for equipment and develop an equipment and install budget.
• Organize incentive and grant program applications and submittals.
• Prepare an Energy Management Plan.
Appendix A - Page 4
City of Newport Beach
City Engineering Services Scope of Work
Appendix B - Billing Rates
Appendix B - Billing Rates
ANDERSONTENNA
.PARTNERS IN PROJECT DELIVERY-
The following billing rates apply to this contract. The rate schedule may be changed as new employees
and positions are created in the company.
Billing Rates
July 1, 2009 -June 30, 2012
Position
Billing Rate:
Principal
155.00
Sr. Program Manager /City Engineer
140.00
Construction Manager
125.00 - 150.00
Senior Engineer
125.00
Funding Senior Project Manager
120.00
Funding Project Manager
110.00
Public Works Administrator
110.00
Public Works Inspector
85.00
Expert Testimony
275.00
Materials and other direct costs will be billed at cost plus 10 %.
Appendix A - Page 5
J
TO:
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
October 12, 2010
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Deputy Public Works Director /City Engineer
949 - 644 -3328 or dawebb @newportbeachca.gov
SUBJECT: SUPPLEMENTAL STAFF SUPPORT SERVICES — APPROVAL OF
AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
WITH ANDERSON -PENNA PARTNERS, INC.
ISSUE
Additional outside Engineering Consulting Services are required to supplement the
Building Department's plan check and permitting of the Civic Center project.
RECOMMENDATION
Approve Amendment No. Two to Professional Services Agreement with Anderson -
Penna Partners, Inc., (Anderson - Penna) for Engineering, Inspection Support, and Plan
Check Review Services raising the not to exceed total budgeted funding cap to
$500,000.00 and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION
With the recent reduction of City staff associated with the early retirement program,
combined with the unusually high amount of capital improvement projects, assessment
districts, planning efforts, master plans updates, code and policy updates and other
associated workload, Public Works management staff identified a need for
supplemental engineering staff support to maintain project oversight, delivery schedules
and core services. In accordance with Council Policy F -14, staff reviewed qualifications
from five local firms to provide engineering staff support services to assist in the
management and delivery of capital projects and programs. Based on the review of
these firms, the City entered into a Professional Services Agreement with Anderson -
Penna on March 16, 2010, for a not to exceed amount of $48,000. Anderson - Penna is
based in Laguna Beach and has provided a wide range of Public Works staff support
services to local and regional agencies throughout Southern California, including
Laguna Beach, Tustin, Pomona and Orange County Transportation Authority.
Approval of Amendment No. Two to Professional Services Agreement with Anderson - Penna, Inc.
October 12, 2010
Page 2
On May 25, 2010, the City Council approved Amendment No. One to Professional
Services Agreement with Anderson -Penna Partners, Inc., (Anderson - Penna) to provide
for miscellaneous Engineering and Inspection support services (such as development
permit review or inspections, engineering studies, design and miscellaneous staff
support) at a not to exceed budgeted general fund cap of $223,000, as well as a not to
exceed budgeted enterprise project fund cap of $200,000 for specific project work such
as underground utility districts, street paving, facility improvements and waterline
improvements.
Based upon the need to meet the Civic Center project schedule to take advantage of
the Build America Bond (BAB) program, it was decided by Staff and the Building
Committee to contract out the building plan check review. Meeting the schedule to take
advantage of the BAB program will save the City over $6.5 million over the course of
the bond repayment period. To meet this schedule, plan check must be completed in
early November. Since the City already had Anderson -Penna under contract for
supplemental engineering and inspection services, it was decided to utilize this firm as
they have a strategic alliance with Interwest who has offices in Northern and Southern
California. Interwest will serve as a subconsultant and the overall effort will be
coordinated by Anderson- Penna.
Contracting out the building plan check with Anderson - Penna / Interwest gives the City
two major benefits:
1. Anderson - Penna / Interwest has offices in Northern and Southern California which
enables them to work collaboratively with our design team that is based in
Northern California (San Francisco). Their proximity, ability to work side by side,
and singular project focus will expedite this plan check process.
2. The Civic Center project is the largest project that the City has ever undertaken.
An outside plan check firm allows the City to do this work without impacting the
City's ongoing plan check processes for local residents and businesses.
In order to fit this additional work into the current supplemental engineering and
inspection services contract, staff requests approval to amend the compensation
section of the existing agreement and adjust the not to exceed total budgeted funding
cap upward from $423,000 to $500,000.00 for supplemental engineering staff support
services. Said supplemental services will provide for necessary plan checking
(including the new Civic Center project), inspection, project management or other staff
support to maintain project oversight, delivery schedules and core services. An
estimated apportionment of services is shown on the table below. All work is billed on a
time and material basis with separate staff approval for each work task or project. The
contract expiration date will remain unchanged at June 30, 2012.
This contract is not affiliated with the Jamboree Road Bridge widening construction
management project with Anderson -Penna as erroneously reported by the local media.
App., at of Amendment No. Two to Professional Services — y,eement with Anderson - Penna, Inc.
October 12, 2010
Page 3
Proposed Scope of Work Tasks
Estimated Cost
Allocation
Misc. Engineering support (PCH relinquishment, ADA compliance,
$100,000
design standards update, encroachment permit streamlining)
CIP project engineering and inspection support
75,000
Assessment District management and inspection
Assessment districts19, 101,103, & 99 -2 (reimbursable)
200,000
Civic Center Plan Check
125,000
Total =
$500,000
ENVIRONMENTAL REVIEW
Project management services are not projects as defined by the California
Environmental Quality Act (CEQA) Implementing Guidelines.
PUBLIC NOTICE
Not Applicable
FUNDING AVAILABILITY
Upon approval of the recommended contract amendment, sufficient fund are available
within the Council approved FY 10/11 CIP budget for project support service and various
CIP projects. When staff determines that supplemental staff services from Anderson -
Penna are required, Anderson -Penna will submit a letter proposal for staff approval. For
example, the Civic Center Plan Check Services will be charged to the Civic Center
project, acct # 7410- C1002009, on a time and materials basis at a cost not to exceed
$125,000 (see attached letter proposal dated 8/30/10).
Prepared by:
David A. Webb, RET
Deputy Public Works Director /City Engineer
Submitted by:
Attachment: Professional Services Agreement (PSA) with AndersonPenna
Amendment No. Two to PSA with Anderson Penna
Letter Proposal dated 8/30/10
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSONPENNA PARTNERS INC. FOR
STAFF SUPPORT SERVICES FOR
VARIOUS CAPITAL IMPROVEMENT PROJECTS
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. Two "), is entered into as of this day of 2010,
by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation
( "City "), and ANDERSONPENNA PARTNERS, INC. a California corporation whose
address is 309 Agate Street, Laguna Beach, California 92651 ( "Consultant "), and is
made with reference to the following:
RECITALS:
A. On March 16, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for engineering support services on an as- needed
basis for various Capital Improvement Projects ( "Project ").
B. On June 4, 2010, City and Consultant entered into Amendment No. One to the
Agreement to increase the scope of work and total compensation ( "Amendment
No. Two ").
C. City desires to enter into this Amendment No. Two to reflect additional services
not included in the Agreement or prior Amendment and to increase the funding
cap for total compensation.
D. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Section two of the Agreement, as amended, shall be supplemented to include the
Scope of Services which is attached hereto as Exhibit 'A' and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
2. COMPENSATION
The introductory paragraph to Section 4 of the Agreement, as amended, shall be
amended in its entirety and replaced with the following: City shall pay Consultant for the
services on a time and expense not -to- exceed basis in accordance with the provisions
of this Section and the Schedule of Billing Rates attached to the Agreement.
Consultant's total amended compensation for all work performed in accordance with this
Agreement and all prior amendment, including all reimbursable items and subconsultant
fees, shall not exceed Five Hundred Thousand Dollars and no /100 ($500,000.00)
without prior written authorization from City ( "Total Amended Compensation ").
2.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. Two, including all reimbursable items and
subconsultant fees, in an amount not to exceed Seventy -Seven Thousand
Dollars and no /100 ($77,000.00), without prior written authorization from
City.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement and prior amendment shall remain unchanged and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Two
on the dates below.
APPROVED AS TO FORM:
OFFICE OF �C�ITY ATTORNEY
Date: %� ` I /A
Leonie Mulvihill
Assistant City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
0
Keith D. Curry, Mayor
CONSULTANT: ANDERSONPENNA
PARTNERS, INC., a California corporation
Date:
0
Mallory McCamant
Chief Executive Officer
Date:
By:
Angelique Lucero
Chief Financial Officer
Attachment: Exhibit A — Additional Services to be Performed
EXHIBIT A
I
City of Newport Beach
City Engineering Services Scope of Work
Appendix A - Scope of Work
Appendix - Scope of Work
/o
ANDERSON- PENNA
.PARTNERS IN PROJECT .E11EF1•
As requested, AndersonPenna Partners, Inc. will perform the following on -call services to be invoiced
monthly using the billing rates in Attachment B.
A. General Management
1. Provide oversight of Master Project Schedule including meeting with project managers, assist
with facilitation of critical program milestones, and disseminating information to appropriate
staff.
2. Perform special project assignments as requested by the Director of Public Works and Deputy
Director of Public Works /City Engineer, including but not limited to assistance with the
following:
a) Street lighting Policy
b) ADA Transition Plan
c) Standard Plans Updates
d) Republic Signal Maintenance Contract
e) PCH Relinquishment
f) Flashing Speed Signs Policy
3. Coordination with Utilities Department including but not limited to assistance with the
following:
a) Recycled Water System Master Plan
b) Oil Well System Improvements and Policies
c) Coordination with OCSD
d) Sewer Fee
B. General Municipal Engineering -As requested:
1. Attend City Council and Planning Commission meetings.
2. Attend staff and community meetings.
3. Analyze City's needs and prepare short and long -term CIP recommendations.
4. Review and comment on planning programs and land development controls.
5. Recommend regulations and ordinances pertaining to engineering matters and provide advice
regarding public works activities.
6. Coordinate with other agencies, the public and utility companies on engineering matters.
Appendix A - Page 1
City of Newport Beach
City Engineering Services Scope of Work ANDERSON • PENNA
AppendixA — Scope of Work .PARTNERS IN PROJECT DELIVERY.
7. Advise the City as to funding availabilities and, and when directed, initiate and prepare funding
applications.
8. Assist in the preparation of the City's operational budget.
9. Perform additional functions, including, but not limited to, the preparation of general
correspondence and staff reports.
C. Public Works and Building Plan Check and Inspection Services —As Requested:
1. Receive and process requests for public works maintenance and improvement.
2. Review engineering plans and specifications; provide construction administration and
observation for City projects designed by others.
3. Review building plans for compliance with the following government codes, and prepare review
letters identifying elements of the design that do not comply with the provisions of the codes:
a) 2007 California Building Code
b) 2007 California Plumbing Code
c) 2007 California Mechanical Code
d) 2007 California Electrical Code.
e) 2008 California Energy Standards.
f) Compliance with Owner furnished Geotechnical Report
g) Compliance with Owner furnished Conditions of Approval
Attend on site meetings with the design team to resolve plan review issues, and report status of
reviews with the City Building Official and Public Works Director on a regular basis.
4. Provide supplemental staff support, to complete project or development related plan check and
inspection services, including providing and /or acting as the City's Building Official or dedicated
representative as requested. Designated Building Officials and /or Representatives shall meet
and comply with all necessary State Certifications and Licensing requirements.
5. Provide construction observation associated with work performed on City development projects
and infrastructure projects including streets, water and sewer facilities, medians, slopes and
parks for compliance with approved plans, specifications, permits, and City guidelines and
standards.
6. Recommend notices of completion and acceptance of work.
7. Observe construction of improvements by private developers and make recommendations
regarding completion and acceptance of the work.
8. Provide bridge inspection and rating, in compliance with AASHTO standards.
9. Provide construction management as requested.
Appendix A — Page 2
City of Newport Beach
City Engineering Services Scdpe of Work
Appendix A — Scope of Work
D. Capital Improvement Projects — As requested:
1. Assist in the preparation of the City's capital improvement budgets.
ANDERSONTENNA
.PARTNERS IN PROJECT OELWERT.
2. Develop Requests for Proposals for design or construction management contracts, to meet
agency requirements and /or federal funding requirements (including ARRA funded projects).
3. Assist with selecting appropriate consultant candidates, coordinate the selection process,
participate as a reviewer in interviews, prepare agency staff reports recommending consultant,
prepare consultant contract, prepare Notices of Award, Notices to Proceed, and attend
meetings with consultant.
4. Oversee design and construction management quality control by performing regular
documentation review for Federal reimbursement requirements, if required, review schedules,
review and approve change orders, process any required contract amendments, prepare
invoices to Caltrans for reimbursement of Federal funds, retrieve and attach necessary backup
information.
S. Project description support and general oversight and coordination of the environmental
document process, NPDES compliance, SWPPP preparation, and other permitting and
environmental compliance, along with coordinating with local agencies, utilities, Caltrans, and
resource agencies as necessary for permitting, approvals, and general community relations.
6. Provide value- engineering reviews.
7. Assist in the bidding of projects.
AndersonPenna Partners, Inc. can also provide assistance to the City of Newport Beach in the following
areas:
Fl NANCIAL CONSULTING
• Assessment district formation and annual administrat ion services including apportionments,
delinquency review, and reporting.
• Existing assessment district evaluation services.
• Reimbursement review of developer- constructed infrastructure financed through Community
Facilities Districts or Assessment Districts
• Assistance with obtain ing fed era I or state grants or low interest rate loans, and administration
of the funds including coordinating application s, invoices, reimbursements, and closeout S.
• Feasibility studies.
• Cost allocation studies.
• Proposition 218 strategy and balloting services.
ENERGY EFFICIENCY
• Develop energy efficiency and management plans for agencies, including review or audit of
energy use at agency facilities.
Appendix A — Page 3
III City of Newport Beach
City Engineering Services Scope of Work ANDERSON' PENNA
AppendixA — Scope of Work PARTNERS IN PROJECT OELIVEPY.
• Create a list of energy goals.
• Prepare a project priority list.
• Determine possible commercially availab le technologies to improve existing equipment.
• Review pre - qualified lists for equipment and develop an equipment and install budget.
• Organize incentive and grant program applications and submittals.
• Prepare an Energy Management Plan.
Appendix A — Page 4
City of Newport Beach
City Engineering Services Scope of Work
Appendix B — Billing Rates
Appendix B - Billing Rates
,00:11-
ANDERSON• PENNA
• PARTNERS IN PROJECT DELIVERY.
The following billing rates apply to this contract. The rate schedule may be changed as new employees
and positions are created in the company.
Billing Rates
July 1, 2009 - June 30, 2011
Position
Bilbdg Rate
Principal
155.00
Sr. Program Manager /City Engineer
140.00
Construction Manager
125.00 — 150.00
Senior Engineer
125.00
Funding Senior Project Manager
120.00
Funding Project Manager
110.00
Public Works Administrator
110.00
Public Works Inspector
85.00
Expert Testimony
225.00
Materials and other direct costs will be billed at cost plus 10 %.
Appendix A — Page S
/. -r
ANDERSON PENNA
..PARTNERS IN PROJECT DELIVERY.
August 30, 2010
City of Newport Beach
Steve Badum P.E.
Public Works Director
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Proposal for Plan Review Services for Civic Center, Parking Structure and Library Expansion
Dear Steve:
It was a pleasure to have the opportunity to introduce you to Terry Rodrigue from Interwest Consulting
Group, and discuss the Civic Center project with you and Jay Elbettar last Tuesday. Interwest and
AndersonPenna Partners are long time colleagues and agreed long ago to strategically align our business
practices to provide our clients with the best and most diverse expertise. Together, we have identified
the following challenges that the City and consultant will face to meet the City's goals:
1) Timing — the design team is scheduled to submit plans by August 31 and complete design by
November 1, allowing eight weeks for plan check and revisions.
2) Geographical Location of Design Team —the design team is located in the Bay Area.
3) Context Sensitive Plan Revisions — While adhering to the code, allow the design team to meet
the goals of aesthetics and functionality.
We strongly believe that we are ready to meet these goals by assigning a team that:
1) Has immediate availability to start on the project and will be able to be under contract
immediately through the City s existing contract with AndersonPenna Partners, Inc.
2) Assigns a key role to Terry Rodrigue, President of Interwest, our sub - consultant, so that qualified
staff resources are applied as needed.
3) Assigns staff from Interwest's Northern California offices so that intense coordination with the
City's design team is ensured.
4) Assigns a Contract Administrator local to Newport Beach to assist in local coordination.
5) Consists of highly experienced registered engineers and architects that not only understand
code compliance, but understand code intent.
Thank you. for the opportunity to present this proposal; we look forward to continuing our working
relationship with the City. The following pages include our proposal to perform this work. If you should
have any questions please do not hesitate to contact me at (949) 922 -2800 or Terry at 303 -549 -7776.
Sincere) ,
Lisa F Penna,PE
Principal
309 Agate Street • Laguna Beach, CA 92651
PHN 949 3717979 • FAX 949 376 7511
www.andpen.corn
Certified UDBE
9-
City Of Newport Beach
Civic Center Plan Review Services
Project Understanding
It is our understanding that the Newport Beach Civic Center, Parking Structure and Library Expansion is
part of an overall project which is part of the development of an approximately 15 -acre site. Proposed
facilities include the construction of the following structures:
450 Space Parking Structure, Two Story, Concrete Slab and Beam Construction
Civic Center, Approximately 99,800 s.f., LEED Silver, Steel Framed Construction
• Library Expansion, Approximately 17,000 s.f., Steel Framed Construction
Additional improvements associated with the project include a 15 -acre park, on -site water, sewer and
electrical systems, storm drainage system, and construction of extensive improvements.
Scope -of -Work
The Anderson Penn a /lnterwest team will provide complete plan review services for the proposed
building structures listed above. These services will include review of permit documents (plans,
structural calculations, specifications, geotechnical report, electrical load calculations, hydrology
calculations and testing and inspection programs), for the proposed new building facilities. Our plan
review will also include review of the on -site water, sewer, and electrical distribution systems.
The submitted documents will be reviewed for compliance with the following governing codes:
• 2007 California Building Code.
• 2007 California Plumbing Code.
• 2007 California Mechanical Code.
• 2007 California Electrical Code.
• 2008 California Energy Standards.
• Compliance with Owner furnished Geotechnical Report
• Compliance with Owner furnished Conditions of Approval
Scope -of- Services
The scope -of- services for this project will consist of the following:
1. Plan Review of the project's final design documents including necessary back -check
reviews.
2. Preparation of review letters identifying elements of the final design documents that do
not comply with the provisions of the codes listed above.
3. On site meetings with the design team as often as necessary to resolve plan review
issues.
4. Status discussions with the City Building Official and Public Works Director at least
weekly and more often if necessary.
5. Quick evaluation of difficult issues, and where necessary, convene meetings with the
City to discuss alternatives and propose solutions.
Page 12
ANDERSO NNA
.z
City Of Newport Beach
Civic Center Plan Review Services
6. Delivery of two (2) sets of approved drawings and structural calculations bearing our
sub - consultant's (Interwest Consulting Group's) review stamps to the City of Newport
Beach at completion of plan review.
7. Preparation of a letter addressed to the City of Newport Beach indicating the plans were
reviewed and found to comply with the above referenced codes.
8. Review of post approval documents including deferred items, revisions to the plans,
change orders, project revisions, shop drawings, meetings with project managers and /or
designers and contractors before or during construction as needed.
9. Although not included in this cost proposal, the AndersonPenna /Interwest team can
provide onsite inspection services during construction.
Schedule
The schedule on this project is aggressive, but if the design team is able to meet its goals, we feel that it
is achievable. Our initial review will take place within three weeks. Subsequent and final review periods
will be flexible based on the design team schedule and project demands. We will be available to address
the comments with the design team and be available throughout the revision process as needed. We
anticipate the project approval to be November 1, 2010.
Project Team
We have assembled a project team from both Northern and Southern California to meet the needs of
this plan review. All of the team members are registered engineers or architects and have extensive
experience working on similar projects. Terry Rodrigue PE, President of Interwest Consulting Group will
serve as Interwest's Principal in Charge and will ensure that appropriate resources are dedicated to
meet the project goals. Terry has 28 years of municipal consulting experience as City Engineer, Public
Works Director, and City Building Official. AndersonPenna's Dennis Jue, PE will be the local contract
administrator responsible for efficient and effective communication and coordination between the
consultant team and the City.
The lead on our plan check team will be Ron Beehler, PE, SE. Ron has 27 years of experience in Civil and
Structural design and plan review and is the former Building Official of the City of Sacramento. Ron has
led plan check efforts for Interwest on numerous complex and fast track projects throughout California
and Nevada. Other members of the team include:
Page 13
AtVDERS�N TENNA
rA
City Of Newport Beach
Civic Center Plan Review Services
Resumes of these individuals are included at the end of this proposal.
Relevant Experience
AndersonPenna Partners has teamed with Interwest Consulting Group to provide the City with a
comprehensive approach to Plan Review for the Civic Center, Parking Structure and Library Expansion
project. AndersonPenna will provide local coordination, and Interwest will provide the plan review
staffing necessary to complete this work on schedule. Interwest Consulting Group is comprised of
Structural Engineers, Civil Engineers, Electrical Engineers, Mechanical Engineers, Fire Protection
Engineers, Certified Plans Examiners, Certified Building Officials, Certified Building Inspectors, Certified
Building Technicians and other professionals that specialize in providing thorough, quality and timely
plan review and building inspection services to government agencies. Interwest Consulting Group does
not offer design services, and therefore can provide unbiased plan review and inspection services while
avoiding conflicts of interest.
Interwest employs a successful blend of people who have broad experience in all facets of building
department operations. Many of their staff members have held positions as Building Official, Senior
Page 14
VA
• • UAL'S J04
OFFICE'
KEY STAFF,
DESCRIPTION
JOCATION
Title,
Senior Structural Engineer —
William "Bill" Rodgers,
Provides structural plan
reviews and works with the
Roseville
Senior Structural
S.E.
project designers to resolve
Engineer
plan review issues
Senior Engineer- Provides fire
and life safety plan reviews
Greg Shriver, P.E.
and works with the project
Pleasanton
Senior Plans
designers to resolve code
Examiner
related issues and to
coordinate documents.
Senior Architect - Provides
fire and life safety plan
Norm Hong, Senior
reviews and works with the
Pleasanton
Senior Plans
Architect
project designers to resolve
Examiner
code related issues and to
coordinate documents.
Senior Mechanical Engineer —
Provides Mechanical and
David Castillo, P.E.
Plumbing plan reviews and
Mechanical Engineer
works with the project
Roseville
Mechanical Engineer
designers to resolve code
related issues and to
coordinate documents.
Senior Electrical Engineer —
Joe Abdou,
Provides electrical plan
Electrical Engineer
reviews, and works with the
Roseville
Electrical Engineer
project designers to resolve
code related issues.
Resumes of these individuals are included at the end of this proposal.
Relevant Experience
AndersonPenna Partners has teamed with Interwest Consulting Group to provide the City with a
comprehensive approach to Plan Review for the Civic Center, Parking Structure and Library Expansion
project. AndersonPenna will provide local coordination, and Interwest will provide the plan review
staffing necessary to complete this work on schedule. Interwest Consulting Group is comprised of
Structural Engineers, Civil Engineers, Electrical Engineers, Mechanical Engineers, Fire Protection
Engineers, Certified Plans Examiners, Certified Building Officials, Certified Building Inspectors, Certified
Building Technicians and other professionals that specialize in providing thorough, quality and timely
plan review and building inspection services to government agencies. Interwest Consulting Group does
not offer design services, and therefore can provide unbiased plan review and inspection services while
avoiding conflicts of interest.
Interwest employs a successful blend of people who have broad experience in all facets of building
department operations. Many of their staff members have held positions as Building Official, Senior
Page 14
VA
City Of Newport Beach
Civic Center Plan Review Services
Inspector, Supervising Plan Review Engineer, etc. Projects plan reviewed and /or inspected by their staff
range from single - family dwellings to large multi -story buildings, including numerous California schools,
colleges, essential service buildings, police stations, courthouses, commercial buildings, corporate
campuses, community parks, and industrial facilities. Some examples include:
• East Contra Costa County Courthouse, Pittsburg, CA
• Susanville Courthouse, Susanville, CA
• CA Independent Systems Operator Headquarters, Folsom, CA
• Conejo Community Learning Center, Thousand Oaks, CA
• City of Lodi Storm Water Treatment Facility, Lodi, CA
• Transit Village, El Monte, CA
• Clark County Development Services Addition, Clark County, NV
A complete list of the many major projects for which we have provided plan review services for is
available upon request.
Compensation
For the complete plan review of the new Newport Beach Civic Center and Park project we propose that
all services be billed on an hourly basis utilizing the following Schedule of Hourly Billing Rates. We
anticipate that these services can be provided for a not to exceed amount of $125,000.
Schedule of Hourly Billing Rates
CLASSIFICATION
HOURLY BILLING RATE
Senior Plan Review Engineer .........................................................
............................... $140
Senior Structural Engineer ................................... ...............................
............................140
Mechanical /Electrical Engineer ........................... ...............................
............................135
PlanReview Engineer ........................................... ...............................
............................135
ContractAdministration ...................................... ...............................
............................135
FirePlans Examiner .............................................. ...............................
............................125
SeniorPlans Examiner .......................................... ...............................
............................125
SeniorBuilding Inspector .....................................................................
.............................90
ComboBuilding Inspector ....................................................................
.............................80
Residential Building Inspector .............................................................
.............................70
PermitTechnician ..............................................................................
............................... 65
ClericalSupport ....................................................................................
.............................45
Notes: No additional charges will be incurred for overtime hours, mileage or travel expenses.
Page 15
ANDFRSON, PENNA
. •gSJEa,x aauYewr'i
i6
City Of Newport Beach
Civic Center Plan Review Services
Client References
Interwest Consulting Group provides plan review and /or inspection services for the following
jurisdictions and encourage you to contact any of our client references.
City of Wildomar
Frank Oviedo
City Manager
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
951- 677 -7751
foviedo@cityofwildomar.org
City of Paso Robles
Doug Monn
Building Official
1000 Spring Street
Paso Robles, CA 93446
805- 237 -3861
dmonn @prcity.com
City of San Bernardino
Joe Lease
Building Official
300 N. D Street
San Bernardino, CA 92418
909 - 384 -5171
leasejoe @sbcity.org
City of Downey
Linda Haines
Building Official
11111 Brookshire Avenue
Downey, CA 90241
561- 904 -7142
Ihaines@downcyca.org
City of Lincoln
Jim Estep
City Manager
600 Sixth Street
Lincoln, CA 95648
916 - 434 -2483
jestep@ci.lincoln.co.us
ANDERSONTENNA
City of Pomona
Mark Lazzeretto
Director of Planning and Housing
505 South Garey Avenue
Pomona, CA 91766
909- 620 -2090
mlazzeretto @ci. pomona. ca. us
City of Lake Forest
Rick Brooks
Building Official
400 S. Vicencia Avenue
Corona, CA 92882
951- 736 -2258
keithc@ci.corona.ca.us.
City of Lake Forest
Gayle Ackerman
Development Services Director
25550 Commercentre Drive, Suite 100
Lake Forest, CA 92630
949 -461 -3400
gackermon@city-fakeforest.com
City of Big Bear Lake
Jim Miller
Building Official
PO Box 10000'
Big Bear Lake, CA 92315
909 - 866 -5831
pmostey@citybigbearlake.com
City of Elk Grove
Rick Renfro
Building Official
8400 Laguna Palms Way
Elk Grove, CA 95758
916- 478 -2283
rrenfro@eikgrovecity.org
Page 16
City Of Newport Beach
Civic Center Plan Review Services
Ron Beehler
SR. STRUCTURAL ENGINEER I CERTIFIED BUILDING OFFICIAL
Ron most recently held the position of Chief Building Official
with the City of Sacramento directing a staff of 120
engineers, plan reviewers and building inspectors. During
this time, the Building Division issued over 18,000 permits
annually for construction with valuation in excess of one
billion dollars. He also held the position of Regional
Compliance Officer with'the Office of Statewide Health
Planning and Development (OSHPD) responsible for hospital
and health care facility construction oversight in the Los
Angeles /San Diego areas. Ron served as Chief of Engineering
Design and Construction for the California National Guard.
Ron also held the part time position of Construction
Coordinator for seven years with Sacramento Habitat for
Humanity where he coordinated the construction of 23
homes for low income families utilizing volunteer labor.
Expenence
Building & Safety Services Manager
2006 — Present Interwest Consulting Group Roseville, CA
Structural engineer and lead project manager performing
comprehensive plan review and client relations services for
Northern California.
Chief Building Official
2003 to 2006 City of Sacramento Sacramento, CA
Planned, directed and managed activities for a large department
with oversight responsibilities for construction inspections and
plan review with valuation exceeding $1 billion annually. Planned,
organized, administered and evaluated staff work. Report writing
and presentations to community groups and professional
organizations, planned and administered $13.6 million budget.
Supervising Engineer I Building Inspection Division
2002-2003 City of Sacramento Sacramento, CA
Supervised plan review, managing plan intake and public counter functions for 2 regional permit centers,
trained and mentored staff, met with architects and engineers to resolve building code related issues,
coordinated plan review for high profile projects, worked with field inspection supervisors and inspectors.
Regional Compliance Officer I Senior Structural Engineer
1998 to 2002 State of California Office of Statewide Health Planning & Development
Supervised regional hospital inspection program coordinating field inspection staff and approval of special
inspection issues. Resolved complicated code related inspection issues, reviewed plans, specifications and
structural calculations for healthcare facilities. Consulted with architects, engineers to resolve complex code
interpretation issued. Researched and investigated structural adequacy of building materials and
manufactured products. Verified proper loads, forces and materials for the design of buildings and
equipment anchorage.
Page 17
ANDERSON FENNA
&
i
I
City Of Newport Beach
Civic Center Plan Review Services
Engineering Supervisor
1991 to 1998 California National Guard
Supervised and planned work for engineering design and project inspection staff, developed scope and
budgets for projects, directed preparation of plans from preliminary design through working drawings,
coordinated and approved project specifications and cost estimates, negotiated and approved project
changes, coordinated inspection activities, resolved inspection disputes, represented National
Guard /Military Department at public meetings, conducted plan review for projects designed by
consultants, presented design concepts and final designs.
Associate Structural Engineer
1987 to 1991 State of California Office of Statewide Health Planning & Development
Reviewed construction plans and specifications for new hospitals and skilled nursing facilities for
California Building Code and UBC requirements, met with architects and engineers to resolve plan
review issues, reviewed field changes, investigated and resolved construction conflicts and other
administrative duties.
Associate Engineer /Architect
1983 to 1987 County of Sacramento Building Department /Plan Review Division
Reviewed construction plans and specifications, and structural calculations for building code
compliance, reviewed plans for residential, multi - residential, commercial and industrial structures. Met
with designers to resolve code issues related to commercial and residential structures.
Ae, '* Page 18
ANDERSONIPENNA
q
City Of Newport Beach
Civic Center Plan Review Services
Dennis H. Joe, PE, TE, Contract Administration
Mr. Jue brings over 39 years of experience in municipal engineering program
management having worked for both public and private employers. His
experience in city engineering, traffic engineering and public works inspection
includes planning, directing, coordinating and administering the operations,
maintenance and construction activities of Public Works Departments. He is
also experienced with federal compliance and federal funding aspects of
capital projects.
His public sector employment consisted of positions in the Cities of Seal Beach
and Inglewood. In Seal Beach he was the Public Works Director and City
Engineer, and was responsible for overseeing capital improvement and
maintenance assessment districts; and the operations, maintenance and
construction activities of the Public Works Department. He also served as
chief engineer of the city in planning and directing the design and
construction of public improvements. The Public Works Department was a
full service department and included administration, engineering, streets,
storm drains, parks, automotive maintenance, water and sewer, building
maintenance, transportation, beach and pier maintenance and special
activities. Annual budget was $5.7 million with a capital outlay of $1 million.
Staff was comprised of 43 full -time and 7 seasonal employees.
In Inglewood, he was an Associate Transportation Engineer responsible for
managing the City's Transportation Capital Improvement Program, and
operating the City's computerized traffic signal control system.
His private sector experience includes overseeing city engineering functions
for Orange County cities including City Engineering, Traffic Engineering and
Public Works Inspection and plan checking. In this role, he has managed
numerous capital improvement projects from concept to ribbon cutting,
including funding, managing design and construction management
consultants, coordinating with Caltrans and other resource agencies,
processing contracts, change orders and correspondence, and preparing
necessary staff reports for department and City Council presentations. He is
adept in state and federal funding requirements and processes, grant
preparation, environmental compliance, and the paperwork required at
various phases of the project design and construction.
ANDEASQN,•PENNA
Project Experience
City of Tustin Consulting
Program Manager: provides
assistance in coordinating the
design, right -of -way acquisition
and construction management
of the City's major capital
improvement program.
Provided assistance for seven
projects that required the
partial acquisition of 35
properties with a total
construction value of over $75
million.
Cities of Dana Point, Lake
Forest, and Seal Beach
Contract Services: directly
responsible for planning,
directing, coordinating and
administering the City
Engineering functions for all
three cities. This included a
total annual allocation of $8
million in capital
improvements, extensive
development review,
managing public works
maintenance functions,
attending/making
presentations at City Council
meetings and coordinating
department responsibilities
with adjoining water, sanitary
and other special districts.
Education
BS/1973/BS Civil Engineering,
Loyola Marymount University,
Los Angeles
Professional Registrations
1983 /PE /CA #36672
1981 /TE /CA #1180
Page 19
70
Roger Peterson
SR. STRUCTURAL ENGINEER
With more than 21 years of experience in structural design and plan
review, Roger brings considerable depth and knowledge to any
project. Roger has designed and provided plan review services for
multi -story steel and concrete - framed buildings, as well as one -story
structures utilizing steel, concrete, timber and masonry framing
systems. His design experience includes schools, commercial and
industrial projects, micro -chip production facilities, power plant
installations and multi - family residential projects. Roger's expertise
contributes to the success and safety of all projects.
Senior Structural Engineer/ Plans Examiner
2006-Present Interwest Consulting Group Elk Grove, CA
Performing structural plan review for commercial and residential
construction for municipalities. Responsible for the production and
performance of office including maintaining client relationships.
Duties also include performing structural plan reviews for industrial,
commercial and residential projects.
City Of Newport Beach
Civic Center Plan Review Services
Project Engineer
1999 Power Engineers, Inc.
Project design engineer for industrial type project.
administration services.
Boise, ID
Provided structural design and construction
Project Engineer/ Office Manager
1998-1999 R2H Engineering, Inc. Boise, ID
Office Manager and project design engineer responsible for the structural design of commercial projects.
Project Engineer
1995-1998 Rutherford & Chekene Consulting Engineers Boise, ID
Project engineer responsible for providing design and detailing for commercial and industrial type projects,
including numerous projects in the micro -chip industry.
Design Engineer/ Project Engineer
1987-1995 DES Engineers & Architects Redwood City, CA
Page 110
ANDERSf}j'?TEl` NA
City Of Newport Beach
Civic Center Plan Review Services
Provided engineering design and detailing for commercial, institutional, corporate and residential building
projects using wood, steel, concrete and masonry building materials.
ProjectExperience
Intel Campus, Folsom, CA: Corporate Campus, three 360,000 square foot, four -story buildings, one
400,000 square foot, four -story reinforced concrete and post- tensioned concrete parking garage.
Calpine /Sutter Co- Generation Plant, County of Sutter, CA: $360 million project constructed by Calpine
Corporation with Bechtel Power Corporation as the general contractor, Equipment furnished by
Siemens - Westinghouse.
Office Building, Palo Alto, CA, three -story steel framed office building. Project consisted of complete
structural design of the steel super structure and foundation system. Services also included preliminary
design coordination with architect and mechanical contractor as well as construction administration.
-%,.
ANDERSON IENNA
. iM%iti[IhyM'inaJVCX'rt [ uvcn:
Page 1 11
�PZ
Bill Rodgers
SR. STRUCTURAL ENGINEER
Bill brings to Interwest over 18 years experience in the
field of structural engineering including more than 5
years of experience as a plan review engineer. Bill's
wealth of experience includes a varied and vast list of
projects throughout Northern California and Nevada. In
addition, he is very much in demand for hands -on work
within jurisdictions due to his great success in blending
excellent engineering skills with responsive customer
service.
Experience
Senior Structural Engineer / Plans Examiner
2006 - Present Interwest Consulting Group Roseville, CA
Performing structural plan review for commercial and residential
construction for municipalities.
Senior Structural Engineer/ Plans Examiner
2001 -2006 Bureau Veritas Citrus Heights, CA
Performed structural plan review for commercial and residential
construction for municipalities.
Senior Structural Engineer / Associate / Designer
1995 -2001 DES Architects Redwood City, CA
Structural engineering department manager, managing a staff of
13 engineers and drafters. Responsible for staff workload and
evaluation; verifying that work was done correctly and in a timely
manner. Also performed design work.
ProjectEVerience
Northstar, Placer County, CA: Six -story, reinforced
concrete / structural steel mixed use facility comprising
five buildings with underground parking.
City Of Newport Beach
Civic Center Plan Review Services
Solano Government Center, Fairfield, CA: Multi - building project comprised of three -story parking
structure, five -story office building, and two -story office building. The office building is passively
damped, and was designed using pushover analysis.
Stonepoint Corporate Plaza, Building B, Roseville, CA: Six -story BRBF structure designed using FEMA
450 (NEHRP) criteria under Alternate Means and Methods.
Kaiser MOB II, Roseville, CA: Four -story BRBF structure designed using FEMA 450 criteria under
Alternate Means and Methods.
CaISTRS Headquarters, West Sacramento, CA: Twenty -three story dual system structure (EBF, OMRF),
presently in review.
_'Nom 112
ANSSER SON'TENNA
.Mw'4tk ay F. of M.
City Of Newport Beach
Civic Center Plan Review Services
Greg Shriver, P.E.
PROFESSIONAL ENGINEER- SR. PLANS EXAMINER
Greg holds a wealth of experience and knowledge in plan review
of virtually all types of construction. His long history of work
experience with a variety of municipalities gives him added depth
and knowledge on the most current building industry policies and
advances. He is very active within industry associations and
utilizes this on -going education to continually enhance and refine
his skills. Recently honored as the newly elected President of the
East Bay Chapter of ICC, Greg continues to support and help move
forward code - related issues and developments.
Engineer /Plans Examiner
2007 Interwest Consulting Group Pleasanton, CA
Performs plan review for Fire Life Safety, Structural,
Handicapped and Energy Regulations for client municipalities.
Engineer /Plans Examiner /Owner
1991 -2007 Independent Code Consultants Pleasanton, CA
Performed plan review for Fire Life Safety, Structural,
Handicapped and Energy Regulations.
Branch Manager, Civil Engineer
1987 -1991 Carl Mileff & Associates Pleasanton, CA
Managed the Pleasanton and Cupertino Offices. Performed plan
review for Fire Life Safety, Structural, Handicapped and Energy
Regulations
Branch Manager
1983 -1987 DES Architects & Engineers Fremont, CA
Supervised plan checking operations and performed plan review
for Fire Life Safety, Structural, Handicapped and Energy Regulations
Engineer
1981 -1983 Strutcon Fresno, CA
Complete structural calculations and drafting for commercial and residential structures
Page l 13
ANDERSON•PEN A
z¢
Norm Hong
SR. ARCHITECT /SR. PLANS EXAMINER
Norm has over 34 years of experience in architecture, including
ten years as a plan review architect. As a professional architect,
Norm has designed a wide variety of commercial, institutional
and residential projects and was very active in the design related
committees and commissions in the City of Livermore. In his plan
review career, he has reviewed projects for code compliance on
behalf of many jurisdictions in Northern California as well as
Nevada and Colorado. He is experienced in a large variety of
building types and has reviewed complex building systems such
as high - profile buildings in San Jose and high -rise resorts in
Colorado.
Experience
Senior Plan Review Architect
2007 Interwest Consulting Group Pleasanton, CA
Plan review architect performing comprehensive plan review
and client relations services for a variety of jurisdictions.
Senior Plan Review Architect
1997 -2007 LP2A /Bureau Veritas Pleasanton, CA
Performed plans reviews for major industrial, commercial, mix -
use and residential developments. Responsible for life /safety
reviews for all large projects, in addition to mechanical,
plumbing, electrical plan review and structural review for smaller
projects.
Principal
1988 -1997 Hong & Angelo Livermore, CA
Principal and founding partner in architect and planning design firm specializing in commercial (50 %),
institutional (20 %) and residential (30 %) design.
City Of Newport Beach
Civic Center Plan Review Services
Architect
1971 -1988 Associated Professions, Inc. Livermore, CA
Part owner and Vice President in charge of Architecture /Structure Division. Supervised all architectural
personnel for the approximately 37 person firm. Responsible for all architectural services and projects in
the office. Responsibilities include promotion, client coordination, design, preparation of contract
drawings and specifications, obtain bids, administration of construction contracts and coordination with
design consultants.
United States Air Force, Captain, Civil Engineering Officer
1966 -1971 United States Air Force
At various Air Force bases performed engineering duties including planning and construction
management for military facilities. Responsible for planning projects throughout the Republic of Korea
for the Korean military build -up following the "Pueblo Incident'. Engineering Construction Manager for
construction of Dover Air Force Base military projects including 26 Lockheed C -5 Galaxy aircraft support
facilities.
N ... Page 114
ANDERSO NTENNA
2`'
City Of Newport Beach
Civic Center Plan Review Services
David Castillo
SR. MECHANICAL ENGINEER I CERTIFIED BUILDING OFFICIAL
David brings more than 20 years of breadth, depth, and
knowledge of mechanical engineering, design, and plan
review to any project. David's expertise encompasses HVAC,
Plumbing, Medical Gases, and Fire Sprinklers.
David's experience includes mechanical engineering, design,
and plan review on Central Treatment Centers, Substance
Abuse Treatment Facilities, Inpatient Mental Health Clinics,
and Inmate Housing Units for the Department of
Corrections. While employed at various engineering firms,
David has engineered and designed Acute Care Hospitals,
Skilled Nursing Facilities, Surgery Clinics, Psychiatric
Hospitals, Pharmaceutical Plants, Industrial Plants,
Educational Facilities, and Hi Rise Commercial Buildings.
Expen&xe
Senior Mechanical Engineer
2001 to Present State of California, OSHPD Sacramento, CA
Perform plan checking of mechanical systems for hospitals,
skilled nursing facilities, and surgery centers to ensure code
compliance with the CBC, CIVIC, CPC, and NFPA.
Vice President
2000 -2001 Technical Engineering Group, Inc. Sacramento, CA
Acquire new clients, maintain existing clients, prepare
proposals. Perform heating and cooling load calculations, lay
out mechanical designs for central plant systems, chilled water
systems, heating hot water systems and variable air volume
systems for hospitals, prisons and educational facilities.
Perform in house plan check of all projects. Engineer of Record
on all projects. Knowledgeable of CMC, CPC, CBC, NFPA and
OSHPD.
Project Manager /Lead Mechanical Designer
1999-2000 Mazzetti & Associates Sacramento, CA
Project management for all aspects of mechanical design on
prisons, hospitals, pharmaceutical facilities, and office buildings.
Familiar with cGMP and all classes of clean rooms related to
manufacturing facilities. Knowledgeable of CIVIC, CPC, CBC,
NFPA and OSHPD.
Project Manager /Lead Mechanical Designer
1997 -1999 Interface Engineering, Inc. Sacramento, CA
Lead engineer for the Mechanical Division of a Mechanical /Electrical engineering firm. Initiated and
implemented the writing of a Project Management Procedures Manual for company wide use. Performed
Page 1 15
ANDERSCiNTENNA,
,7 (n
City Of Newport Beach
Civic Center Plan Review Services
heating and cooling load calculations, layout of mechanical designs for central plant systems, chilled water
systems, heating hot water systems, variable air volume systems and write specifications.
Mechanical Designer
1994-1997 Edward Rios & Associates West Sacramento, CA
Responsible for all aspects of HVAC, process piping and plumbing design and drafting for a mechanical
engineering firm. Performed heating and cooling load calculations using Trane Trace analysis software.
Mechanical Designer
1991 -1994 The Spink Corporation Sacramento, CA
Responsible for all plumbing and process piping design and drafting for the Mechanical Division of a 115 -
person multi disciplinary engineering firm. Drafting was done using AutoCAD Release 11. Primary
responsibilities included running HVAC loads using Trane `load 600" analysis program, Title 24
compliance, and field work for remodel /rehabilitation projects.
Mechanical Designer /Estimator
1986 -1991 Mark 111 Engineering Contractors Sacramento, CA
Performed material takeoffs for plumbing and HVAC. Designed HVAC and plumbing for commercial
projects. Priced out projects and submitted bids to general contractor. Project managed field staff to
completion of work.
Jar. ..-4"M:.
ANDE SON'�PENNIA
rxMn wJUx 6
Page 116
V21
Joe Abdou
SR. ELECTRICAL ENGINEER
Joe has extensive experience with design, inspection and plan
review of electrical distribution systems for all types of buildings.
He has over 34 years experience working with the National
Electrical Code and has a wide- ranging working knowledge of
code requirements. Joe's broad background and friendly
personality make him an asset on any project.
Experience
Senior Electrical Plan Reviewer
2006 - Present Interwest Consulting Group Elk Grove, CA
Electrical plan review Engineer for Interwest Consulting Group.
Projects reviewed include mall buildings, multi -story hotels,
commercial office buildings, industrial plants, apartment
complexes, tenant improvements, and resort projects.
Senior Electrical Engineer
1986 -2006 State of California, Military Department
Performed project design, assembled technical specifications,
and estimates. Duties included site inspection, and project plan
review for Armory buildings, maintenance repair shops, and
training sites. Also, prepared technical reports with
recommendations and budget cost estimates.
City Of Newport Beach
Civic Center Plan Review Services
Electrical Plan Reviewer
1996 -2001 Albert Kong Consultants Sacramento, CA
Performed electrical plan reviews of various projects including manufacturing facilities, shopping
centers, child care centers, restaurants, grocery stores, office buildings, warehouse complexes, and
tenant improvements.
Electrical Design Engineer
1981 -1986 State Department of Transportation, CALTRANS
Perform lighting and power design for state buildings, such as highway lighting and traffic signals, truck
scale facilities, roadside rest area facilities, pumping plants along freeways, and maintenance buildings
statewide.
Electrical Design Engineer
1979 -1981 Frandsen & Nolten Associates
Designed lighting, power distribution for new and remodeled building projects to include shopping
malls.
Electrical Field Engineer
1973 -1979 Overseas Oil and Gas Industry
Page 1 17
A JDERSONTENN'A
M
C - T5Z�
AMENDMENT NO, ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSONPENNA PARTNERS, INC. FOR
STAFF SUPPORT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
This Amendment No. One to Professional Services Agreement, is entered into as
of this _� day of vw�A , 2010, by and between the City of Newport
Beach, a California Munici #al Corporation ( "City "), and AndersonPenna Partners,
Inc. a California Corporation whose address is 309 Agate Street, Laguna Beach,
California 92651 ( "consultant "), and is made with reference to the following:
RECITALS:
A. On March 16, 2010, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as "Agreement," for Engineering Support
Services on an as- needed basis for various Capital Improvement Projects
( "Project').
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement, to extend the term of the Agreement and to
increase the total compensation.
C. City desires to compensate Consultant for additional Professional Services
needed for the various Capital Improvement Projects ( "CIP "), such as
assessment engineering, grant applications and management, and project and
program management. The funding of General Fund related expenditures will
have a cap of $223,000 over the term of the Agreement. Other direct non -
General Fund expenditures will be charged to a specific project fund, such as
assessment districts and enterprise funded CIP projects which will be billed as
services are needed during the term of the Agreement, with a cap of $200,000.
D. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. One," as provided here below.
Now, therefore, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the Agreement shall be extended to June 30, 2012, unless
terminated earlier in accordance with the Agreement. .
In addition to the Services to be provided pursuant to the Agreement Consultant
shall diligently perform all the Services described in Amendment No. One
including, but not limited to, all work set forth in the Scope of Services attached
hereto as Exhibit A and incorporated herein by reference. The city may elect to
delete certain tasks of the Scope of Services at its sole discretion.
3. COMPENSATION
City shall pay Consultant for the Services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the. Schedule of Billing
rates attached to the Agreement and the Scope of Work attached hereto as
Exhibit A. Consultant's total amended compensation for all Work performed in
accordance with this Agreement and Amendment No. One, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred
Twenty Three Thousand Dollars and no /100 ($423,000.00) without prior
written authorization from City.
3.1 General Fund Expenditures: The amended compensation reflects
Consultant's additional compensation for additional as- needed Services to
be performed in accordance with this Amendment No. One, including all
reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Seventy -Five Thousand Dollars and no /100 ($175,000.00),
without prior written authorization from City. The as- needed Services
shall apply to General Fund Expenditures Projects.
3.2 Non - General Fund Expenditures: The amended compensation reflects
Consultants additional compensation for additional as- needed Services to
be performed in accordance with this Amendment No. One, including all
reimbursable items and subconsultant fees, in an amount not to exceed
Two Hundred Thousand Dollars and no /100 ($200,000.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
1061
In witness whereof, the parties hereto have executed this Amendment No. One on the
date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
°"Myne e D. Bea hamp,
Assistant City Afforney
ATTEST:
r
By.
Leilani I. Brown,
ON
City Clerk O� �E��'O
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:00/
Keith D. Curry,
Mayor
ANDERSONPENNA.PARTN—ERS, INC.
c — / /—
,Mallory WCe mant,
,`Chief Executive Officer
L.
By:ee �/'.Zzz
�/
Ange 1qu ucero,
Chief Financial Officer
Attachment: Exhibit A — Additional Services to be Performed
3
City of Newport Beach
City Engineering Services Scope of Work AN®EMON TENNA
Appendix A -Scope ofWork PARTN EP3 IN Pft OJ£<F DEi1VERY
Appendix A - Scope of Work
As requested, AndersonPenna Partners, Inc. will perform the following services as needed, to be
invoiced monthly using the billing rates in Attachment B.
A. General Management
1. Provide oversight of Master Project Schedule including meeting with project managers,
assist with facilitation of critical program milestones, and disseminating information to
appropriate staff.
2. Perform special project assignments as requested by the Director of Public Works and
Deputy Director of Public Works /City Engineer, including but not limited to assistance with
the following:
a. Street lighting Policy
b. ADA Transition Plan
c. Standard Plans Updates
d. Republic Signal Maintenance Contract
e. PCH Relinquishment
f. Flashing Speed Signs Policy
3. Coordination with Utilities Department including but not limited to assistance with the
following:
a. Recycled Water System Master Plan
b. Oil Well System Improvements and Policies
c. Coordination with OCSD
d. Sewer Fee
B. General Municipal Engineering - As requested:
4. Attend City Council and Planning Commission meetings.
S. Attend staff and community meetings.
6. Analyze City's needs and prepare short and long -term CIP recommendations.
7. Review and comment on planning programs and land development controls.
8. Recommend regulations and ordinances pertaining to engineering matters and provide
advice regarding public works activities.
Appendix A - Page 1
City of Newport Beach
City Engineering Services Scope of Work
Appendix A - Scope of Work
ANDERSON • PENNA
• PARTNER$ W PROJECT Oi 1ivr lY
9. Coordinate with other agencies, the public, and utility companies on engineering matters.
10. Advise the City as to funding availabilities and, when directed, initiate and prepare funding
applications.
11. Assist in the preparation of the City's operational budget.
12. Perform additional functions, including, but not limited to, the preparation of general
correspondence and staff reports.
C. Public Works Inspection - As Requested:
1. Receive and process requests for public works maintenance and improvement.
2. Review engineering plans and specifications; provide construction administration and
observation for City projects designed by others.
3. Provide construction observation associated with work performed on City streets, water and
sewer facilities, medians, slopes, assessment districts and parks for compliance with
approved plans, specifications, permits, and City guidelines and standards.
4. Recommend notices of completion and acceptance of work.
5. Observe construction of improvements by private developers and make recommendations
regarding completion and acceptance of the work.
6. Provide bridge inspection and rating, in compliance with AASHTO standards.
i. Provide construction management as requested.
D. Capital Improvement Program - As requested:
1. Assist in the preparation of the City's capital improvement budgets.
2. Develop Requests for Proposals for design or construction management contracts, to meet
agency requirements and/or federal funding requirements (including ARRA funded
projects).
3. Assist with selecting appropriate consultant candidates, coordinate the selection process,
participate as a reviewer in interviews, prepare agency staff reports recommending
consultant, prepare consultant contract, prepare Notices of Award, Notices to Proceed, and
attend meetings with consultant.
4. Oversee design and construction management quality control by performing regular
documentation review for Federal reimbursement requirements, if required, review
schedules, review and approve change orders, process any required contract amendments,
prepare invoices to Caltrans for reimbursement of Federal funds, retrieve and attach
necessary backup information.
S. Project description support and general oversight and coordination of the environmental
document process, NPDES compliance, SWPPP preparation, and other permitting and
Appendix A - Page 2
City of Newport Beach
City Engineering Services Scope of Work
Appendix A - Scope of Work
ANDERSON• ENNA
. PP RTN ER3 IN GROJEY'T 1'Jf LIVERY.
environmental compliance, along with coordinating with local agencies, utilities, Caitrans,
and resource agencies as necessary for permitting, approvals, and general community
relations.
b. Provide value- engineering reviews.
T Assist in the bidding of projects.
AndersonPenna Partners, Inc. can also provide assistance to the City of Newport Beach in the following
areas:
FINANCIAL CONSULTING
• Assessment district formation and annual administration services including apportionments,
delinquency review, and reporting.
• Existing assessment district evaluation services.
• Reimbursement review of developer- constructed infrastructure financed through Community
Facilities Districts or Assessment Districts
• Assistance with obtaining federal or state grants or low interest rate loans, and administration
of the funds including coordinating applications, invoices, reimbursements, and closeouts.
• Feasibility studies.
• Cost allocation studies.
• Proposition 218 strategy and balloting services.
ENERGY EFFICIENCY
• Develop energy efficiency and management plans for agencies, including review or audit of
energy use at agency facilities.
• Create a list of energy goals.
• Prepare a project priority list.
• Determine possible commercially available technologies to improve existing equipment.
• Review pre - qualified lists for equipment and develop an equipment and install budget.
• Organize incentive and grant program applications and submittals.
• Prepare an Energy Management Plan.
Appendix A - Page 3
City of Newport Beach
City Engineering Services Scope of Work
Appendix B — Billing Rates
Appendix B - Billing Rates
ANDEMON TENNA
. 1A TN.R4 1H PAOJ CC W "1 E,,
The following billing rates apply to this contract. The rate schedule may be changed as new employees
and positions are created in the company.
Billing Rates — - --
1, 2009 - June 30, 2011
Ygyyp , �July
P s#t!WK
Principal
yy
155.00
Sr. Program Manager /City Engineer
140.00
Construction Manager
125.00 — 150.00
Senior Engineer
125.00
Funding Senior Project Manager
120.00
Funding Project Manager
Public Works Administrator
110.00
110.00
Public Works Inspector
85.00
Expert Testimony
225.00
Materials and other direct costs will be billed at cost plus 10% as approved in advance by the City,
Appendix A — Page 4
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.
May 25, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Deputy Public Works Director /City Engineer
949- 644 -3328 or dawebb @newportbeachca.gov
SUBJECT: CIP STAFF SUPPORT SERVICES —APPROVAL OF AMENDMENT NO.
ONE TO PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSONPENNA PARTNERS, INC.
Recommendation:
Approve Amendment No. One to Professional Services Agreement with
AndersonPenna Partners, Inc., (AndersonPenna) for Engineering and Inspection
Support Services at a not to exceed General Fund Cap of $223,000 as well as a not to
exceed budgeted enterprise project fund cap of $200,000, and authorize the Mayor and
City Clerk to execute the Agreement.
Discussion:
With the recent reduction of city staff associated with the early retirement program,
combined with the unusually high amount of capital improvement projects, assessment
districts, planning efforts, master plans updates, code and policy updates and other
associated workload, management staff has identified a need for supplemental
engineering staff support to maintain project oversight, delivery schedules and core
services. In accordance with Council Policy F -14, staff reviewed qualifications from five
local firms to provide engineering staff support services to assist in the management
and delivery of capital projects and programs. Based on the review of these firms, the
City entered into a Professional Services Agreement with AndersonPenna on March 16,
2010, for a not to exceed amount of $48,000. AndersonPenna is based in Laguna
Beach and has provided a wide range of Public Works staff support services to local
and regional agencies throughout Southern California, including Laguna Beach, Tustin,
Pomona and Orange County Transportation Authority.
In a recent development, our current contract Senior Public Works Inspector Gary
Harrison working under a City On -Call PSA with the Willdan Group Inc., left Wildan and
joined AndersonPenna in late April of this year. In 2008, the City had entered into an
On -Call Professional Services Agreement with the Willdan Group, Inc. to provide
inspection services on assessment district and capital projects. Mr. Harrison has
Approval of Amend One i- , rofessional Services Agreements vdth
AndesronPenna, Inc. for CIP Management Services
May 25, 2010
Page 2
.provided the City with excellent underground utility assessment district and project
inspection services under that agreement since 2008 and staff would like to continue
using Mr. Harrison's services on assessment districts and construction projects. In
order to accomplish this, as well as to continue to supplement engineering
management and staff support for the delivery of the various capital programs, staff is
recommending approval of Amendment One with AndersonPenna Partners Inc. This
amendment will extend the contract term until June 30, 2012, and authorize an increase
to the current contract funding limit for general fund related work to a cap of $223,000.
Other direct, non - general fund charges on specific projects such as assessment
districts and enterprise funded CIP projects will be billed against the specific Council
approved project budgets as services are needed within the life of the contract, to a
total cap of $200,000.
AndersonPenna Partners rates are competitive and in line with industry standards.
Willdan Group, Inc.'s rates for inspection services ranged from $95 -$129 per hour.
AndersonPenna Partners rate for inspection services will be offered at the more
competitive rate of $85 per hour.
Environmental Review:
No Environmental clearances are required for this action. Environmental clearances
will be completed as required for each capital improvement project.
Funding Availability:
Upon approval of the recommended contract amendment and the proposed FY 10/11
CIP budget, sufficient general funds will be available in the following account:
Account Description
General Fund
Account Number
7414- C8002000
Total:
Amount
$175,000.00
$175,000.00
Any additional, non - general fund, funding for project support service will come from the
specific approved and budgeted project accounts which includes funding such as
Assessment District, Gas Tax, Measure M, Water, Sewer, etc.
Prepared
David A. Webs, P.E.
Deputy Public Works Director /City Engineer
Submitted by:
Works Director
Attachment: Professional Services Agreement (PSA) with AndersonPenna
Amendment No. One to PSA with Anderson Penna
C - i 54-p�,
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSONPENNA PARTNERS, INC. FOR
STAFF SUPPORT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
This Amendment ne to Professional Services Agreement, is entered into as
of this day of 2010, by and between the City of Newport
Beach, a Califomia Muni *al al Corporation ( "City "), and AndersonPenna Partners,
Inc. a California Corporation whose address is 309 Agate Street, Laguna Beach,
Califomia 92651 ( "consultant "), and is made with reference to the following:
RECITALS:
A. On March 16, 2010, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as "Agreement," for Engineering Support
Services on an as- needed basis for various Capital Improvement Projects
( "Project ").
B. City desires to enter into this Amendment No. One.to reflect additional services
not included in the Agreement, to extend the term of the Agreement and to
increase the total compensation.
C. City desires to compensate Consultant for additional Professional Services
needed for the various Capital Improvement Projects ( "CIP "), such as
assessment engineering, grant applications and management, and project and
program management. The funding of General Fund related expenditures will
have a cap of $223,000 over the term of the Agreement. Other direct non -
General Fund expenditures will be charged to a specific project fund, such as
assessment districts and enterprise funded CIP projects which will be billed as
services are needed during the term of the Agreement, with a cap of $200,000.
D. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. One," as provided here below.
Now, therefore, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the Agreement shall be extended to June 30, 2012, unless
terminated earlier in accordance with the Agreement. .
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the Services to be provided pursuant to the Agreement Consultant
shall diligently perform all the Services described in Amendment No. One
including, but not limited to, all work set forth in the Scope of Services attached
hereto as Exhibit A and incorporated herein by reference. The city may elect to
delete certain tasks of the Scope of Services at its sole discretion.
3. COMPENSATION
City shall pay Consultant for the Services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the. Schedule of Billing
rates attached to the Agreement and the Scope of Work attached hereto as
Exhibit A. Consultant's total amended compensation for all Work performed in
accordance with this Agreement and Amendment No. One, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred
Twenty Three Thousand Dollars and no /100 ($423,000.00) without prior
written authorization from City.
3.1 General Fund Expenditures: The amended compensation reflects
Consultant's additional compensation for additional as- needed Services to
be performed in accordance with this Amendment No. One, including all
reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Seventy -Five Thousand Dollars and no /100 ($175,000.00),
without prior written authorization from City. The as- needed Services
shall apply to General Fund Expenditures Projects.
3.2 Non - General Fund Expenditures: The amended compensation reflects
Consultants additional compensation for additional as- needed Services to
be performed in accordance with this Amendment No. One, including all
reimbursable items and subconsultant fees, in an amount not to exceed
Two Hundred Thousand Dollars and no /100 ($200,000.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
1061
In witness whereof, the parties hereto have executed this Amendment No. One on the
date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yne a D. Bea hamp,
Assistant City A orney �Q .
ATTEST:
By:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporati n
By:"
Keith D. Curry,
Mayor
By:
Ang4clud,tucero,
Chief Financial Officer
Attachment: Exhibit A — Additional Services to be Perforrned
3
1
XHIBIT A
City of Newport Beach
City Engineering Services Scope of Work ANDERSON • PENNA
Appendix A- Scope of Work PARTNERS IN PROJECT OEIIVERY.
Appendix A - Scope of Work
As requested, AndersonPenna Partners, Inc. will perform the following services as needed, to be
invoiced monthly using the billing rates in Attachment B.
A. General Management
1. Provide oversight of Master Project Schedule including meeting with project managers,
assist with facilitation of critical program milestones, and disseminating information to
appropriate staff.
2. Perform special project assignments as requested by the Director of Public Works and
Deputy Director of Public Works /City Engineer, including but not limited to assistance with
the following:
a. Street Lighting Policy
b. ADA Transition Plan
c. Standard Plans Updates
d. Republic Signal Maintenance Contract
e. PCH Relinquishment
f. Flashing Speed Signs Policy
3. Coordination with Utilities Department including but not limited to assistance with the
following:
a. Recycled Water System Master Plan
b. Oil Well System Improvements and Policies
c. Coordination with OCSD
d. Sewer Fee
B. General Municipal Engineering - As requested:
4. Attend City Council and Planning Commission meetings.
5. Attend staff and community meetings.
6. Analyze City's needs and prepare short and long -term CIP recommendations.
7. Review and comment on planning programs and land development controls.
8. Recommend regulations and ordinances pertaining to engineering matters and provide
advice regarding public works activities.
Appendix A - Page 1
City of Newport Beach
City Engineering Services Scope of Work
Appendix A - Scope of Work
'040�_ N
ANDERSON • PENNA
PRNTXLXS IX VROJECT DELIVERY.
9. Coordinate with other agencies, the public, and utility companies on engineering matters.
10. Advise the City as to funding availabilities and, when directed, initiate and prepare funding
applications.
11. Assist in the preparation of the City's operational budget.
12. Perform additional functions, including, but not limited to, the preparation of general
correspondence and staff reports.
C. Public Works Inspection - As Requested:
1. Receive and process requests for public works maintenance and improvement.
2. Review engineering plans and specifications; provide construction administration and
observation for City projects designed by others.
3. Provide construction observation associated with work performed on City streets, water and
sewer facilities, medians, slopes, assessment districts and parks for compliance with
approved plans, specifications, permits, and City guidelines and standards.
4. Recommend notices of completion and acceptance of work.
5. Observe construction of improvements by private developers and make recommendations
regarding completion and acceptance of the work.
6. Provide bridge inspection and rating, in compliance with AASHTO standards.
7. Provide construction management as requested.
D. Capital Improvement Program -As requested:
1. Assist in the preparation of the City's capital improvement budgets.
2. Develop Requests for Proposals for design or construction management contracts, to meet
agency requirements and /or federal funding requirements (including ARRA funded
projects).
3. Assist with selecting appropriate consultant candidates, coordinate the selection process,
participate as a reviewer in interviews, prepare agency staff reports recommending
consultant, prepare consultant contract, prepare Notices of Award, Notices to Proceed, and
attend meetings with consultant.
4. Oversee design and construction management quality control by performing regular
documentation review for Federal reimbursement requirements, if required, review
schedules, review and approve change orders, process any required contract amendments,
prepare invoices to Caltrans for reimbursement of Federal funds, retrieve and attach
necessary backup information.
5. Project description support and general oversight and coordination of the environmental
document process, NPDES compliance, SWPPP preparation, and other permitting and
Appendix A - Page 2
City of Newport Beach
City Engineering Services Scope of Work
Appendix A - Scope of Work
/
�" \
ANDERSON TENNA
. Pn QTNEHS Iw vROJEOT OEUV[xY.
environmental compliance, along with coordinating with local agencies, utilities, Caltrans,
and resource agencies as necessary for permitting, approvals, and general community
relations.
6. Provide value- engineering reviews.
7. Assist in the bidding of projects.
AndersonPenna Partners, Inc. can also provide assistance to the City of Newport Beach in the following
areas:
FINANCIAL CONSULTING
• Assessment district formation and annual administration services including apportionments,
delinquency review, and reporting.
• Existing assessment district evaluation services.
• Reimbursement review of developer- constructed infrastructure financed through Community
Facilities Districts or Assessment Districts
• Assistance with obtaining federal or state grants or low interest rate loans, and administration
of the funds including coordinating applications, invoices, reimbursements, and closeouts.
• Feasibility studies.
• Cost allocation studies.
• Proposition 218 strategy and balloting services.
ENERGY EFFICIENCY
• Develop energy efficiency and management plans for agencies, including review or audit of
energy use at agency facilities.
• Create a list of energy goals.
• Prepare a project priority list.
• Determine possible commercially available technologies to improve existing equipment.
• Review pre - qualified lists for equipment and develop an equipment and install budget.
• Organize incentive and grant program applications and submittals.
• Prepare an Energy Management Plan.
Appendix A - Page 3
I i
City of Newport Beach
City Engineering Services Scope of Work
Appendix B - Billing Rates
Appendix B - Billing Rates
Or \
ANDERSONTENNA
. P/.RTRER9 IN PROJECT OELIVCRY.
The following billing rates apply to this contract. The rate schedule may be changed as new employees
and positions are created in the company.
Billing Rates
July 1, 2009 -June 30, 2011
Principal
155.00
Sr. Program Manager /City Engineer
140.00
Construction Manager
125.00- 150.00
Senior Engineer
125.00
Funding Senior Project Manager
120.00
Funding Project Manager
110.00
Public Works Administrator
110.00
Public Works Inspector
85.00
Expert Testimony
225.00
Materials and other direct costs will be billed at cost plus 10% as approved in advance by the City.
Appendix A - Page 4
PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSONPENNA PARTNERS, INC. FOR
STAFF SUPPORT SERVICES FOR
VARIOUS CAPTIAL IMPROVEMENT PROJECTS �r
THIS AGREEMENT is made and entered into as of this Today of
2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and ANDERSONPENNA PARTNERS, INC., a California Corporation whose
address is 668 N. Coast Highway, Suite 1401, Laguna Beach, California, 92651
( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City desires to engage Consultant to provide engineering staff support services
on an as- needed basis for various capital improvement projects ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
D. The principal member of Consultant for purposes of Project, shall be Lisa Penna.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 3151 day of December, 2011, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
0
3. TIME OF PERFORMANCE
01
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the defined hourly
rates assigned in the Schedule of Billing Rates attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all work
performed in accordance with this Agreement, including all reimbursable items
and subconsultant fees, shall not exceed Forty-Eight Thousand Dollars and
no /100 ($48,000.00) without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City. No rate changes shall be made during the term of this
Agreement without the prior written approval of the City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
K
C
0
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated LISA PENNA to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. DAVID
WEBB shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
0 0
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
0
• •
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner.relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its
principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
9
13. PROGRESS
0
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except. with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
7
0 0
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
93
9 9
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
R
0 0
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: David Webb
Public Works Department
City of Newport Beach
3300 Newport Boulevard
10
Newport Beach, CA, 92663
Phone: 949 -644 -3328
Fax: 949 -644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Lisa Penna
AndersonPenna Partners, Inc.
668 N. Coast Highway, Suite 1401
Laguna Beach, CA 92651
Phone: 949 - 922 -2800
Fax: 949 - 376 -7511
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
11
•
28. WAIVER
s
A waiver by either parry of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. 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 the Agreement or any other rule of construction
which might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
12
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
r
By:
yntt D. BeZoIrney amp,
Assistant City
ATTEST:
By: �4w P
Leilani . Brown,
City Clerk
I/PORN��
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
DYvid A. Kiff,
City Manager
ANDERSONPENNA PARTNERS, INC.:
AO -
By: a,4l A��4
Ang(giq4e Lucero,
Chief FinancialOfficer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
13
EXHIBIT A
ANDERSON •PENNA
• PARTNERS IN PROJECT DELIVERY
February 1, 2010
Dave Webb, P.E.
Deputy Public Works Director/City Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Proposal for On-call City Services
Dear Dave,
AndersonPenna Partners, Inc. is pleased to submit this proposal for On-call City Services. Our firm serves
local and regional agencies specializing in project delivery and staff augmentation as contract City
Engineer, Traffic Engineer, Deputy City and Traffic Engineer and Program Management. We provide
agencies with program and project management, construction management and inspection, bridge
inspection, engineering plan review, assessment engineering, and grant writing assistance. We are a
California corporation that has been in business since 2005, and are a woman -owned certified small
business enterprise.
Our personnel are experienced in managing large engineering organizations and full service public works
departments to deliver many types of public infrastructure projects. Our firm can provide services
tailored to your specific needs, such as: project and program management, Federal compliance for ARRA
and other federally funded projects, plan review/plan check, mapping, energy efficiency consulting,
construction management and inspection, structural engineering, water resources engineering, and
transportation engineering. Additional services AndersonPenna provides include: financial consulting,
impact fees and rate studies, assessment engineering, CFD and assessment district annual
administration, reimbursement review of developer constructed infrastructure, and grant
administration. Our current clients include the Orange County Transportation Authority (OCTA), City of
Laguna Beach, City of Tustin, City of Pomona, Town of Kearny, and other local agencies in the western
United States.
I would be the City's Client Service Manager (CSM), and in that capacity I would personally oversee any
contract work that AndersonPenna Partners performs for the City. Attached are resumes, billing rates
and project experience demonstrating our ability to assist the City with these services.
Should you have any questions or desire any additional information, please do not hesitate to call me at
(949) 922-2800, or email me at Ipenna@andpen.com.
Sincerely,
AndersonPenna Partners, Inc.
Lisa M. Penna, P.E., Principal
668 N. COAST HIGHWAY, SUITE 1 401 c, LAGUNA BEACH, CA 9265 1 WWW.ANDPEN.COM
PHN 949 922 2800 € FAX 949 376 751 1
0
SERVICES
0
AndersonPenna specializes in project delivery for local and regional public agencies throughout the
western United States, with an emphasis on practical, experienced and cost effective solutions.
AndersonPenna capabilities range from major transportation projects to sustainability initiatives to
managing capital improvement programs for municipalities. The company's professional engineers have
served in the capacity of contract City Engineer and Traffic Engineer, Deputy City Engineer, and Program
Manager. AndersonPenna staff also has expertise in assessment engineering, special tax consulting,
grant applications and management, and project and program management.
PROJECT MANAGEMENT OR STAFF AUGMENTATION SERVICES FOR PUBLIC WORKS
• Serve as contract City Engineer, Traffic Engineer, Deputy City and Traffic Engineer, and Program
Manager.
• Develop Requests for Proposals or Requests for Qualifications for publicly bid projects, to meet
agency requirements and /or federal funding requirements (including ARRA funded projects).
• Assist with selecting appropriate consultant candidates, coordinate the selection process,
participate as a reviewer in interviews, prepare agency staff reports recommending consultant,
prepare Notices of Award, Notices to Proceed, review and approve invoices, approve change
orders, and attend weekly contractor meetings.
• Review plans and specifications to minimize risk for the agency and ensure compliance with
agency requirements, as well as any requirements from funding agencies (such as state grant or
federal funding requirements as outlined in the Local Assistance Procedures Manual).
• Oversee design and construction management quality control by performing regular
documentation review for Federal reimbursement requirements: review schedules, review and
approve change orders, process any required contract amendments, prepare invoices to
Caltrans for reimbursement of Federal funds, retrieve and attach necessary backup information.
• Project description support and general oversight and coordination of the environmental
document process, NPDES compliance, SWPPP preparation, and other permitting and
environmental compliance, along with coordinating with local agencies, Caltrans, and resource
agencies as necessary for permitting, approvals, and general community relations.
CIVIL CONSTRUCTION MANAGEMENT, INSPECTION SERVICES AND DESIGN SERVICES
• Bridge inspection and rating, specializing in compliance with FRA inspection standards.
• Third -party engineering plan review of complex projects to minimize risk, address
constructability and identify cost savings.
• Local infrastructure survey, drafting and design for street, water, sewer, storm drain, catch
basin, retaining wall, parking structure design.
• Public works construction management for railroads, highways, roadways, local infrastructure
such as alleys, sewer, and water infrastructure.
FINANCIAL CONSULTING
• Assessment district formation and annual administration services including apportionments,
delinquency review, and reporting.
• Existing assessment district evaluation services.
0
0
• Reimbursement review of developer - constructed infrastructure financed through Community
Facilities Districts or Assessment Districts
• Assistance with obtaining federal or state grants or low interest rate loans, and administration
of the funds including coordinating applications, invoices, reimbursements, and closeouts.
• Feasibility studies.
• Cost allocation studies.
• Proposition 218 strategy and balloting services.
ENERGY EFFICIENCY
• Develop energy efficiency and management plans for agencies, including review or audit of
energy use at agency facilities.
• Create a list of energy goals.
• Prepare a project priority list.
• Determine possible commercially available technologies to improve existing equipment.
• Review pre - qualified lists for equipment and develop an equipment and install budget.
• Organize incentive and grant program applications and submittals.
• Prepare an Energy Management Plan.
RELATED EXPERIENCE
ENGINEERING PROJECT/PROGRAM MANAGEMENT
•
City of Laguna Beath, CA CIP Management: AndersonPenna is performing on -call staff engineering
for several projects in various levels of development, from planning through design and construction.
The projects include street, alley, storm drain, sewer, retaining wall, and bridge improvements.
Responsibilities include oversight of the environmental process, federal compliance, funding
administration, staff reports, community relations, and general support to City staff. Specific projects
managed include:
Alta Vista Storm Drain and Retaining Wall
Brooks Stairs Repair and Landscape
Boat Canyon Retaining Wall
Bonn Drive Force Main
Circle Way Storm Drain
Glenneyre Street Parking Structure
Dewitt Property Bridge
Hilledge Drive, Mystic Way and Skyline
Drive Storm Drains
Hilledge, Blumont, Mystic Way Storm Drains
Los Robles Sewer Reconstruction
North Laguna Alley Drainage Imp
Nyes Place Catch Basin Imp
500 Nyes Place Storm Drain
535 Nyes Place Retaining Wall
566 Nyes Place Storm Drain
Terry Road, Hinkle Place and Rounseval
Terrace SD
Virginia Park and Mystic Way SO Phase II
City Wide Urban Runoff Diversion Program
Laguna Canyon Ch Realignment
South Laguna Streetscape
South Laguna Parking Lot
Main Beach Boardwalk Repair
City of Tustin, CA CIP Management: AndersonPenna staff has performed on -call program
management since February 2002. Responsibilities include oversight of the environmental
process, acquisition of 35 properties, design administration, funding administration, staff
reports, community relations, and construction management.
Completed projects include:
Project Name
Project Description
Construction Cost
Red Hill Ave Widening at the 1 -5
Widen Red Hill Ave to 6 -lanes plus bike
$3 million
Freeway
lanes under the 1 -5
Irvine Blvd /Newport Ave
Intersection widening to 6 -lanes for both
$4 million
Intersection Enhancement Project
arterial streets
Newport Ave /SR -55 Ramp
Arterial Extension and new on -ramp to
$30 million
Reconfiguration Project
SR -55
Edinger Ave. Widening Project.
Widened Edinger Ave to Smart Street
$8 million
standards
Valencia Ave /Armstrong Ave
Backbone infrastructure forthe Tustin
$20 million
Legacy development
0
Ongoing projects include:
•
Project Name
Project Description
Est. Constr. Cost
Newport Avenue Extension
Grade Separation over SCRRA/
$40 million
Phase II
Metrolink
Red Hill Ave Grade Separation
Grade Separation over SCRRA/
$50 million
Metrolink
City of Pomona, CA C1P Management: Assisting the City with support services to the City related to
the White Avenue street improvements project. The following services are being performed for this
ARRA funded project: preparing an RFP in compliance with Federal requirements for ARRA grant
funding, reviewing the plans and specifications to ensure that they are in compliance with the Local
Assistance Procedures Manual and FHWA Form 1273, assisting the City with selecting appropriate
consultant candidates, distributing the RFP to the City's interested parties' list, coordinating the
selection process, coordinating the proposal review and preparing the City Council staff report for
recommendation, administer the contract invoices and change orders for the City through completion,
provide quality management of the contractor, and oversee documentation and reporting for Federal
reimbursements.
Orange County Transportation Authority, CA Placentia Metrolink Station: As Deputy Project
Manager for the Placentia Metrolink Rail Station design, responsible for managing seven subconsultants.
The project requires coordination with the City of Placentia, BNSF, Metrolink, OCTA and the community
to be served by the station. Project elements include: station platform, retaining wall, track, street,
parking structure, and surface parking lot design, pedestrian and transit access, and related lighting,
landscape, and security designs.
North Coast Railroad Authority, CA Program Management: Acting as the Authorities Project
Engineer and Transportation Planner, responsible for engineering, funding and planning for this 316 mile
railroad extending from Napa to Eureka in northern California. Managed the preparation of two capital
assessment reports that provided an overall capital program prioritizing improvements to correspond to
the agency s budget. Since 2006, managing the planning, design, and construction of a $40 million
rehabilitation project for 60 miles of rail that includes the following services:
• Assisting the Authority in obtaining $37 million in funding through the California Transportation
Commission
• Providing value analysis for the engineering design for civil, structures, track, signals, and
geotechnical elements.
• Performing construction management and inspection.
• Oversight of the environmental clearance process.
• The project includes new sidings, coordinating repairs of 57 signals with the CPUC, restoring 62
miles of track, and repairing more than 40 bridges. The project requires extensive coordination
with FRA, FEMA, Caltrans, six counties, 15 cities, NWP Company the private freight operator
leasing the line from NCRA, and the Sonoma -Marin Area Rapid Transit (SMART) who will be
operating along this same line. In addition, responsible for coordinating with environmental
resource agencies: Department of Fish & Game, Regional Water Quality Control Board,
0
Department of Toxic Substance Control, State Historic Preservation Office, U.S. Corps of
Engineers, U.S. Fish and Wildlife, National Marine Fisheries Service.
• Prepare staff reports and make regular presentations to the NCRA Board of Directors.
• Responsible for managing to an aggressive schedule, and managing an on -call engineering, legal
and environmental team.
ENGINEERING PLAN CHECK
Orange County Transportation Authority, CA 3rd Party Plan Review: Responsible for third party
plan review, interdisciplinary review, and bid / constructability review for five grade separations in the
City of Placentia. Each grade separation has a different design consultant, unique attributes,
several stakeholders, plus a constrained funding and construction staging schedule. The scope includes
development of a detailed quality management plan, internal quality control, preparation of risk analysis
tables used to minimize OCTA's risk in design and construction, participation in multi - discipline team
meetings to prepare focused comments and comment log preparation for each milestone review. Plan
review includes bridges, other structures, wet and dry utilities, traffic improvements, streets, track, and
shooflys.
Santa Clara Valley Transportation Authority, CA 3rd Party Plan Review: Performed quality
control and constructability review of plans and specifications for this rail relocation project with
extensive utility issues. This project is an independent review of track, utilities, and structural plans
including field investigation to ensure the plans are to the standards of the VTA, UPRR and BART.
Attended VTA's Roadway Worker Protection (RWP) qualification and testing, performed extensive field
reviews, and prepared a report of findings including marked up plans and specifications for HNTB's
design team.
BRIDGE INSPECTION
City of Laguna Beach, CA. Verfzon Wireless Bridge Inspection. Provided a bridge inspection for the city
to be used as part of their consideration for purchasing the right -of -way. Provided a site inspection,
photo log, inspection notes, and PE evaluation.
North Coast Railroad Authority, CA: North Coast Railroad Authority (NCRA),Northwestem Pacific
Railroad, Lombard toEureka, CA — Project Manager responsible for capital assessment and program
manager for the entire 316 -mile railroad in Northern California. Responsible for two assessments
including cursory inspections of 186 bridges to evaluate the feasibility of rehabilitation, and detailed
inspections of 121 timber, steel, and concrete bridges, as well as roadbed, tunnels, track and highway
warning devices. In the second detailed assessment, Dave led a group of five bridge inspectors and
developed a short-term and long -term bridge rehabilitation and replacement program for NCRA. The
project also included the development of recommended repair /replacement details for: pile splices,
sway and sash bracing, braking struts, cop beams, stringers, handrails, walkways, ballasted deck
replacement, backwall replacement, temporary bents, and erosion protection. Also construction
manager for the recent rehabilitation of 44 of these bridges.
i •
RESUMES
LISA M. PENNA, PE
Principal
Ms. Penna brings over 25 years of experience in public works engineering,
project management, and construction management. Her experience working
on transportation, water resources, environmental, and waste water projects
includes planning, design, inspection, construction, and the development of
short- and long -term capital improvement programs. Her experience has
included working with several Southern California local agencies including the
Cities of Laguna Beach, San Diego, Los Angeles and Irvine. Ms. Penna also has
extensive experience working with Caltrans District 12, OCTA, OCSD, the
County of Orange RDMD, and many local cities and water districts throughout
Orange County.
For the past 10 years, Ms. Penna has also served in various levels of
management including serving as the Assistant City Engineer for the City of
Laguna Beach, Vice President and Division Manager for Wilidan, and Senior
Vice President and Regional Manager for Wilidan where she was responsible
for the management of over 45 professional staff. Ms Perna also served as a
Senior Vice President for a local Engineering firm where she was responsible
for a staff of over 150 professionals. Ms. Penna's management experience in
the municipal engineering space, makes her an ideal candidate to assist the
Director of Public Works /City Engineer with project as well as leadership
duties.
In addition, her experience includes conceptual planning, environmental
studies, preliminary engineering, PS &E, and construction management of
roadways, drainage and flood control, wastewater and urban runoff, and
hydraulic modeling. During her career, Ms. Perna has participated in the
planning, design and construction of millions of dollars worth of public works
projects. Ms. Penna has demonstrated successful project management
capabilities with over 25 years managing complex multi- faceted projects.
Through Ms. Penna's experience with local capital projects and project and
program management, she is knowledgeable of NEPA and CEQA
requirements, Federal Grant requirements, Green Book and APWA standards
and many agency policies and procedures. Ms. Penna has also been an active
participant in the Public Works Education Programs at Santiago Canyon
College in Orange County, California where she has taught several courses and
contributed to the development of the curriculum.
9 0
DENNIS H. JUE, PE, TE
Senior Program Manager /City Engineer
Mr. Jue brings over 39 years of experience in municipal engineering program
management having worked for both public and private employers. His
experience in city engineering, traffic engineering and public works inspection
includes planning, directing, coordinating and administering the operations,
maintenance and construction activities of Public Works Departments.
His public sector employment consisted of positions in the Cities of Seal Beach
and Inglewood.
• In Seal Beach he was the Public Works Director and City Engineer, and
was responsible for the operations, maintenance and construction
activities of the Public Works Department. He also served as chief
engineer of the city in planning and directing the design and
construction of public improvements. The Public Works Department
was a full service department and included administration, engineering,
streets, storm drains, parks, automotive maintenance, water and sewer,
building maintenance, transportation, beach and pier maintenance and
special activities. Annual budget was $5.7 million with a capital outlay of
$1 million. Staff was comprised of 43 full -time and 7 seasonal
employees.
• In Inglewood, he was an Associate Transportation Engineer responsible
for managing the City's Transportation Capital Improvement Program,
and operating the City's computerized traffic signal control system.
His private sector experience includes overseeing city engineering functions for
Orange County cities including City Engineering, Traffic Engineering and Public
Works Inspection and plan checking. In this role, he has managed numerous
capital improvement projects from concept to ribbon cutting, including
managing design and construction management consultants, coordinating with
Caltrans and other resource agencies, processing contracts, change orders and
correspondence, and preparing necessary staff reports for department and City
Council presentations. He is adept in state and federal funding requirements and
processes, grant preparation, environmental compliance, and the paperwork
required at various phases of the project design and construction.
• •
DAVID R. ANDERSON, PE
Principal
Mr. Anderson brings over 40 years of experience in all aspects of transportation
and public works projects. His experience includes design, engineering review,
value engineering, and construction management working with cities, counties,
state DOTS, transportation authorities and railroads.
In addition, his experience includes conceptual planning, environmental studies,
preliminary engineering, PS &E, and construction management of roadways,
utilities, drainage and flood control, transportation planning, and toll facilities.
During his career, Mr. Anderson has participated in the design and construction
of over $2 billion of public works projects. Mr. Anderson has demonstrated
successful project management capabilities with over 30 years managing
complex multi- faceted projects.
Mr. Anderson's experience includes:
• Management of design, plans, specifications and estimates, and construction
for cities, counties and transportation authorities.
• Coordination of environmental documents permits and improvements for
high - profile toll road, freeway, grade separation, and railroad projects.
• Third party review of interdisciplinary issues for small and large projects
including local streets, bridges, and arterials.
• Stakeholder Coordination with multiple Cities, Counties, Transit or
Transportation Authorities, citizen groups, CPUC, and regulatory agencies in
both southern and northern California.
• Quality Assurance and Quality Control for small and large interdisciplinary
projects minimizing client risk, ensuring constructability and working toward
delivering the project on time and within budget.
• Lighting and Landscaping Districts Assessment Engineer for Anaheim, Garden
Grove, Costa Mesa, and other local agencies.
• Special tax consulting services to the County of Los Angeles Fire Authority for
a successful special tax initiative that provided funding for fire protection
services to the County and all client cities in the County.
• Worked with several Class I railroads including: Southern Pacific, Union
Pacific, BNSF, and the Santa Fe; and a number of short lines including:
Central Midland Railway, MN &S, Soo Line, Milwaukee Railroad, and
Northwestern Pacific Railroad. For these railroads he has inspected, rated, or
designed over 250 bridges that include timber, steel, concrete, and stone
arch construction.
ANGELIQUE M. LUCERO
Principal
0
Ms. Lucero brings over 25 years of experience in public works funding, grant
management, assessment district formation and administration, project
management, and project administrative support to local agencies. Her
experience includes overseeing environmental compliance and permitting,
preparing race neutral and race conscious Disadvantaged Business Enterprise
documentation for public agencies, coordinating state and federal grant
applications, ongoing administration of grant funds, preparation of
assessment engineering documentation, ongoing administration of
assessment districts, and support in the development of short- and long -term
capital improvement programs.
Ms. Lucero has assisted more than 70 public agencies and private interests in
financing capital improvements and ongoing maintenance through
assessment districts and community facilities districts. Her resume also
includes the preparation of fee and rate studies, as well as similar funding
services for Nevada and Arizona. She has worked with several Southern
California local agencies including the Cities of Newport Beach, Irvine, La
Canada Flintridge, Laguna Beach, Orange, Tustin, Costa Mesa, Seal Beach, and
San Clemente. Ms. Lucero also has extensive experience working with the
County of Orange, County of Los Angeles, OCFA, Caltrans, and the California
Transportation Commission.
Her project management experience includes the following:
• Identifying stakeholder issues and developing constructive solutions.
• Communication with the project team to meet schedules, address agency
concerns and deliver a project acceptable to the community.
• Financial models and alternative analysis.
• Preparation of public information documentation, such as newsletters,
web site information and notices.
• Well- written reports, with thorough documentation.
• Support assistance to agencies to meet Federal or State funding
requirements.
• Support assistance to the engineering team to deliver projects, such as
preparation of quality management and project management plans,
monthly or milestone reporting, schedule development, permitting
assistance, environmental coordination, and PDT meeting notes.
0
DEBBIE COBS
Senior Project Manager
0
Debbie Cobb has more than 20 years of project management experience in
the disciplines of engineering, construction management, and public
financing. Expertise includes contract administration services, and formation
of Special Districts to fund public works infrastructure.
Ms. Cobb provides Contract Administration services to support developer's
Construction Managers by coordinating and documenting communication
between the public agency, client, design team, prime and subcontractors,
inspectors, utility companies, and local residents and businesses affected by
construction.
Ms. Cobb has substantial experience with the following services:
• Project Setup: Maintaining document control systems, reviewing
engineering documentation for compliance with State public works
bidding procedures and contract law, and conducting the bidding
process.
• Construction Support: Preparing and tracking project schedules and
budgets, coordinating submittals to cities /counties, assisting with
permits and inspections, notifying Dig Alert and utility companies,
attending construction meetings, reviewing daily reports, reviewing
monthly invoices and reviewing change orders.
• Construction administration support through Project Closeout:
confirming public agency acceptance of infrastructure through as-
builts and certification of quantities and costs, preparing necessary
reimbursement submittals and follow -up for timely reimbursement to
the developer, coordinating the release of construction bonds, and
coordinating the acquisition by public agency of public infrastructure.
0
BRYAN MILLER
Project Manager
Mr. Miller has been responsible for assisting public agencies with the
formation and administration of special districts for more than 25 years. Mr.
Miller's duties include preparation of data and documents, such as agenda
reports, resolutions, engineer's reports, and annual levies for submittal to
County Auditor /Controllers. Mr. Miller regularly gives presentations to City
Councils, Boards of Supervisors, and public participation meetings. Other
experience includes new special district analysis; Proposition 218 ballot
preparation, delivery and tallying; researching and tracking delinquencies;
creating and maintaining special district databases; apportionment services;
and providing prompt responses to property owner inquiries.
Mr. Miller recently served as a senior project manager for Wllldan Financial
Services in the Palmdale /Lancaster area. He has extensive experience assisting
public agencies and implementing funding for capital improvements and
rehabilitation. The majority of his experience is related to special districts
financing including infrastructure financing and public services funding to
serve a community s or special district's growth or revitalization. He has
assisted over 50 public agencies including cities, counties and vector control,
cemetery, and park and recreation special districts.
Mr. Miller's extensive experience with California state statutes, including the
1911, 1913, 1915, 1931, 1972, and 1983 Acts provides him with a broad
perspective on public facilities financing with which he is able to assist his
clients. With the passage of Proposition 218 in 1996, he was instrumental in
the development of public notification plans, including public hearing notices
and assessment ballot procedures that resulted in the successful approval of
more than 700 special districts, representing over 250,000 parcels. Several of
these formations required direct coordination between developers and public
agency staff.
Mr. Miller's office currently is located in the community of Acton.
0 0
HUGH "TONY" PLANTE
Inspector
Tony Plante brings more than 30 years of experience in project management and
inspection of public works construction and maintenance projects including
landscaping, asphalt paving, slurry seal, concrete sidewalks, curb and gutter,
driveways and handicap ramps and utility coordination on underground projects.
Mr. Plante is particularly strong in contractor compliance with plans and
specifications, administrative duties including the requirements for federally
funded projects such as employee interviews, certified payroll compliance and
managing the required documentation. Mr. Plante possesses interpersonal skills
necessary in dealing with a variety of problems encountered in a Public Works
environment. He has the ability to manage multiple tasks in a deadline driven
environment and deal with the high stress levels. He is extremely detailed
oriented and has excellent organizational and project management skills.
As an Inspector, Mr. Plante is responsible for inspecting new construction or
repair work for roadway, bridges, railroads, signals, culverts, drainage, water,
sewer, and dry utility systems under the supervision of a construction manager.
Mr. Plante's project experience includes:
City of Lake Forest, public Works Superintendent — Mr. Plante was responsible
for the planning, scheduling and management of the daily operations of the
City's programs and services that provide maintenance, repair, construction and
improvement of the City's infrastructure. This also included management of all
City facilities; arterial highway and residential street maintenance and repairs,
maintenance of 170 acres of parks and streetscapes, urban forest, storm drains,
hardscape, traffic signs, City buildings, supervision and contract administration
for road maintenance and operations, landscape maintenance, and graffiti
abatement. He was responsible for budget expenditures in excess of $2,000,000
annually for operations and maintenance and for the project management of
over $4,000,000 in Capital Improvement Projects for the 2003 -2004 Fiscal Year,
including the construction of the largest CA outdoor concrete skate park.
City of Temple City, Maintenance Superintendent - Responsible for
maintenance, construction and repair of City facilities including; parks,
streetscapes, urban forests, parking facilities, traffic signs and City buildings.
Other duties included supervision and contract administration for park, tree and
landscape maintenance, graffiti abatement and fleet maintenance.
City of Fountain Valley, Fountain Valley Recreation Center Master Plan
Expansion. Lead Inspector for the $18 million expansion of a major regional
recreation center for the City of Fountain Valley. The project involves the
rehabilitation of the existing 55 acre sports facility and a 23 acre expansion. The
project added six adult softball fields soccer and other league baseball fields,
sports field lighting, fiber optic communications, two new rest room and
concession facilities, new maintenance facility, over 1 mile of nature trails, eight
parking lots, storm drain, sewer system, water, irrigation, landscaping and
access roads throughout the facility.
•
IAN ANDERSON
Inspector
i
Mr. Anderson has a background in construction and inspection, and has
performed inspection services in southern and northern California, New York,
Missouri, and Minnesota.
As an Inspector, Mr. Anderson is responsible for inspecting new construction or
repair work for roadway, bridges, railroads, signals, culverts, drainage, water,
sewer, and dry utility systems under the supervision of a construction manager.
Mr. Anderson's typical duties include:
• Inspecting construction work in progress and reporting variances or
problems to the supervising engineer and the contractor.
• Preparing daily inspection reports and keeping a daily diary.
• Inspecting road repairs completed by utility companies for conformance to
approved plans. Bringing variances to the attention of utility contractor and
arranges for corrections.
• Investigating complaints concerning condition of roadways, drainage, etc.,
and arranging for necessary repairs.
• Exercising judgment in planning and determining the nature and number of
inspections required on each assigned project.
• Assuring that appropriate materials are used in accordance with the
particular contract, state and town codes, and the needs of the particular
project.
• Supervising the performance of contractors acting as liaison between
railroad client and contractors.
• Making sure that proper testing of materials and workmanship are
performed.
• Attending client and contractor project meetings.
Mr. Anderson has demonstrated knowledge of basic civil engineering and
construction principles and methods, the ability to establish a good working
relationship with clients and the public; and the ability to conduct inspections
without advance notice.
! i
EXHIBIT B
FEE SCHEDULE
The following billing rates apply to this contract. Thal ^ +^ h ^" '^ ^y hanaad as new employees
and pp5ltlOnS arc rrnarnA 6. ♦6n rmm�
Billing Rates
Jul", @889 jffift so,
Principal 1 155.00
Sr. Program Manager /City Engineer 140.00
Construction Manager 125.00- 150.00
I SeniorEneineer 1 125.00 1
Funding Senior Project Manager
120.00
Funding Project Manager
110.00
Public Works Administrator
110.00
Public Works Inspector
85.00
Expert Testimony by City Engineer 1 175.00
Materials and other direct costs will be billed at cost plus 10%.
Business Search - Business En - Business Programs
Page 1 of 1
Business Entities (BE)
Online Services
Business Search
- Disclosure Search
- E -File Statements
- Mail Processing Times
Main Page
Service Options
Name Availability
Forms, Samples & Fees
Annual /Biennial Statements
Filing Tips
Information Requests
(certificates, copies ✓§
status reports)
Service of Process
FAQs
Contact information
Resources
- Business Resources
- Tax Information
- Starting A Business
- international Business
Relations Program
Customer Alert
(misleading business
solicitations)
Business Entity Detail
Data Is updated weekly and is current as of Friday, February 05, 2010. It is not a complete or certified record
Entity Name: ANDERSONPENNA PARTNERS, INC.
Entity Number: 02766535
Date Filed: 06/30/2005
Status: ACTIVE
Jurisdiction: CALIFORNIA
Entity Address: 3125 FRYE ST
Entity City, State, Zip: OAKLAND CA 94602
Agent for Service of Process: ANGELIQUE MICHELLE LUCERO
Agent Address: 3125 FRYE ST
Agent City, State, Zip: OAKLAND CA 94602
* Indicates the information is not contained in the California Secretary of State's database.
• If the status of the corporation is "Surrender," the agent for service of process is automatically revoked.
Corporations Code section, 2114 for information relating to service upon corporations that have surrend
• For information on checking or reservm9 a name, refer to Name Availability.
• For information on ordering certificates, copies of documents and /or status reports or to request a more
Information Requests.
r
• Fohelp with searching an entity name, refer to Search Tips.
• For descriptions of the various fields and status types, refer to Field Descriptions and Status Definith
Modify Search New,Search Printer Friendly Back to Search Results
Privacy Statement I Fr9sl0p;Ume9t Re3dert
Copyright ® 2010 California Secretary of State
http : //kepler.sos.ca.gov /cbs.aspx 02/12/2010
Clieritt 1
ERPART
AORD, CERTIFICATE OF
LIABILITY
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
INSURANCE
03I017700m)
PRODUCER
POLICY NUMBER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
P. O. BOX 19550
A
ONLY
HOLDER.
ALTER
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711 -0550
08 101110 ; EACH OCCURRENCE
511000,DOO
714 427 -6810
General liability
INSURERS AFFORDING COVERAGE
INSURED _
AndersonPenna Partners, Inc.
3125 Frye Street
Oakland, CA 94602
INSURER A:
Travelers Indemnity Co. Of Connectic
INSURER B:
Travelers Property Casualty Co of Am
INSURER C:
U.S. Specialty Insurance Company
INS_UR_ER D:
rising out of the
INSURER E"
v
51 000.000
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
LTA
TYPE OF INSURANCE
POLICY NUMBER
POLE IMWODNYI EFFECTIVE
POLICY M PIRAIiON
LIMITS
A
GENERAL LIABILITY
6803052L77A :08101/09
08 101110 ; EACH OCCURRENCE
511000,DOO
X COM MERCLAL GENERAL LIABILRY
General liability
I FIRE DAMAGE SAnY =,a A,
5300000
CLAIMS MADE ,OCCUR
excludes claims
MEDEXP (Any one person)
__
fS5'000 —_
rising out of the
PERSONAL S ADV INJURY
51 000.000
performance Of
I GENERAL AGGREGATE
S2 9OD000_ -_^
s2,00 000
G_EMI AGGREGATE LIMITAPPLIEB PER:
professional
PRODUCTS- COMPIOPAGG
POLICY : PRO. LOC
JECT
SerViCeS
B
AUTOMOBILELIABILITY
BA3053L556
08/01/09
08101/10
cDMBINED SINGLE LIMIT
$1,000,000
ANY AUTO
(Es edddenf)
BODILY INJURY
S
ALL OWNED AUTOS
SCHEDULED AUTOS
IlPer
peradn)
BODILY INJURY
(Pere ddanU
5
X jHIRED AUTOS
1
X NONAWNED AUTOS
PROPERTY DAMAGE
(PeramtlaAq
Ir
_
GARAGE LIABILITY
j AUTO ONLY - EA ACCIDENT
S
OTHER THAN EAACC
S
ANY AUTO
i
iAUTO ONLY: qGG
S
B
Excess uAwLm
CUP6874Y72$
06!91!09
0$ /O1HO
EACH OCCURRENCE
5I,000y
__
XI OCCUR I- _I CLAIMS MADE
Following Form
AGGREGATE _ —_
51y000,O00
Umbrella Form
5
DEDUCTIBLE
Excludes Prof 1.
r---
I X RETENTION s0
Liab & Em Irs. Liab
5
I
WC STATU- �OTH-
WORKERS COMPENSATION AND
1
I
i
? EL EACH ACCIDENT
S
EMPLOYERIPLIABUTY
I
i
E.L. DISEASE -EA EMPLOYEE:
$
I
E.L. DISEASE - POLICY LIMIT
Is
C
OTHER Profl.Liab.
US0891134905
08101110 $1,000,000 per claim
laims Made
108/01/09
; I $1,000,000 anmi aggr.
etr0: 8/112005
L $35,000 Ded per claim
DESCRIPTION OF OPERATIONS)LOCATIONSNEHICLE &EXCLUSIONS ADDED BY ENDORSEMENTMPECIAL PROVISIONS
The City of Newport Beach, its elected or appointed officers, officials,
employees, agents and volunteers are additional insureds on General and
Auto liability policies as required by written contract.
City of Newport Beach
Attn: Shauna Oyler
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
ACORD 25 -S (719711 of 1 fES265172IM256935
.D ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WIt11LWxMXWX TO MAIL 30 DAYSWRITTEN
ETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT(
KAH a ACORD CORPORATION 19SE
0
Policy No. 68030521_774
Insured: ANDERSON PENNA PARTNERS, INC.
Effective Date: 08/01/09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
NAME OF PERSON(S) OR ORGANIZATION(S)
CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS,
OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS
ALL OPERATIONS OF THE INSURED
A. The following is added to WHO IS AN INSURED
(Section II):
The insurance provided to such additional
The person or organization shown in the Sched-
insured is limited as follows:
ule above is an additional insured on this Cover-
age Part, but only with respect to liability for bod-
d. This insurance does not apply to the render -
ily injury', 'property damage" or 'personal injury
ing of or failure to render any "professional
caused, in whole or in part, by your acts or omis-
services'.
sions or the acts or omissions of those acting on
your behalf:
e. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
a. In the performance of your ongoing oper-
agreed in that 'contract or agreement requir-
ations;
ing insurance' to provide for that additional
insured, or the limits shown in the
b. In connection with premises owned by or
Declarations for this Coverage Part,
rented to you; or
whichever are less. This endorsement does
not increase the limits of insurance stated in
C. In connection with your work and included
the LIMITS OF INSURANCE (Section 111) for
within the "products - completed operations
this Coverage Part.
hazard."
B. The following is added to Paragraph a. of 4.
Such person or organization does not qualify as
Other Insurance in COMMERCIAL GENERAL
an additional insured for "bodily injury", "property
LIABILITY CONDITIONS (Section IV):
damage" or "personal injury' for which that person
However, if you specifically agree in a contract or
or organization has assumed liability in a contract
agreement requiring insurance that, for the addi-
or agreement.
tional insured shown in the Schedule, the insur-
ance provided to that additional insured under
this
CG D3 82 09 07
m 2007 The Travelers Companies, Inc.
Includes the copyrighted material of Insurance Services Office Inc., with its permission
Page I
0
COMMERICAL GENERAL LIABILITY
Coverage Part must apply on a primary
basis, or a primary and non - contributory
basis, this insurance is primary to other
insurance that is available to such additional
insured which covers such additional insured
as a named insured, and we will not share
with the other insurance, provided that:
(1) The "bodily injury' or "property damage"
for which coverage is sought occurs;
and
(2) The "personal injury' for which coverage
is sought arises out of an offense
committed;
after you have entered into that "contract or
agreement requiring insurance" for such
additional insured. But this insurance still is
excess over valid and collectible other
insurance, whether primary, excess,
contingent or on any other basis, that is
available to the additional insured when the
additional insured is also an additional
insured under any other insurance.
C. The following is added to Paragraph 8.
Transfer Of Rights Of Recovery Against
Others To Us in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
We waive any rights of recovery we may
have against the additional insured shown in
the Schedule above because of payments
we make for "bodily injury", "property
damage' or "personal
CG 03 82 09 07
0
injury" arising out of "your work" on or for the
project, or at the location, shown in the
Schedule above, performed by you, or on
your behalf, under a "contract or agreement
requiring insurance' with that additional
insured. We waive these rights only where
you have agreed to do so as part of the
"contract or agreement requiring insurance"
with that additional insured entered into by
you before, and in effect when, the "bodily
injury" or "property damage* occurs, or the
"personal injury" offense is committed.
D. The following definition is added to
DEFINITIONS (Section V):
"Contract or agreement requiring insurance"
means that part of any contract or
agreement under which you are required to
include the person or organization shown in
the Schedule as an additional insured on
this Coverage Part, provided that the "bodily
injury" and "property damage" occurs, and
the "personal injury" is caused by an offense
committed:
a. After you have entered into that contract
or agreement;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy period.
® 2007 The Travelers Companies, Inc.
Includes the copyrighted material of Insurance Services Office Inc., with its permission
Page 2
POLICY NUMBER: BA30SW 56 • COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of
the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement effective
03/01/10
Named Insured
AndersonPenna Partners, Inc.
Name of Person(s) or Organization(s):
City of Newport Beach
Attn: Shauna Oyler
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
61d:t=1>•P144
Additional Insureds: The City of
Newport Beach, its elected or
appointed officers, officials,
employees, agents and volunteers
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that
person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section li of the
Coverage Form
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
0
0ICYHOLDER COPY
SG
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 03 -01 -2010 GROUP:
POLICY NUMBER: 1857310 -2009
CERTIFICATE ID: 12
CERTIFICATE EXPIRES 06 -01 -2010
06 -01- 2009/06 -01 -2010
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD
NEWPORT BEACH CA 92683 -3816
SG
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
cg��, ���
THORIZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2010 -03 -01 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF NEWPORT BEACH
ENDORSEMENT #1600 - DAVID R ANDERSON EXEC VP - EXCLUDED.
ENDORSEMENT #1600 - ANELIOUE M LUCERO SECRETARY CFO - EXCLUDED.
ENDORSEMENT #1600 - L MALLORY MCCARMANT PRIES - EXCLUDED.
ENDORSEMENT #1600 - LISA PENNA EXEC VP - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08 -13 -2009 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2010 -03 -01 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF NEWPORT BEACH
EMPLOYER
ANDERSONPENNA PARTNERS, INC.
3125 FRYE ST
OAKLAND CA 94602
SG
[P11.SG1
Ev.2 -051 PRINTED : 03 -01 -2010
0
WAIVER OF SUBROGATION NOTICE
Enclosed is your copy of a certificate of insurance on which the certificate holder
required a waiver of subrogation:
1. Please be advised that a waiver of subrogation requires that a 3% surcharge
will be applied by State Fund ONLY to the premium assessed on the payroll
of your employees earned while engaged in work for that certificate holder
who requested the waiver. (Note: if you have no employee payroll on that job,
then there is no charge.)
2. To apply the 3% surcharge, you must also agree to maintain accurately
segregated payroll records for employees engaged in work on job /s for the
certificate holder who has the waiver. The payroll records are subject to
verification by an auditor.
Example:
Payroll for job: $5,000.00
Sample Rate: 13.30%
Regular Premium equals: $ 665.00
Surcharge: 3.00%
Additional Waiver charge: $ 19.95
Total premium equals $ 684.95 (665.00 + 19.95)
Ll
•
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 03/03/2010 DeptJContact Received From: Shauna Oyler
Date Completed: 03/05/2010 Sent to: Shari Rooks By: Michelle Ross
Company/Person required to have certificate: AndersonPenna Partners, Inc.
1. GENERAL LIABILITY
A. INSURANCE COMPANY: Travelers Insurance Co. of Connecticut
B. AM BEST RATING JA-: VII or greater): "A +" XV
C. ADMITTED Company (Must be California Admitted)
IL AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers ProaertvCasualty Co. of America
B. AM BEST RATING (A-: VII or greater) "A + "(XV)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers): $1,000,000 plus
What is limits provided? $1,000,000 Umbrella
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): We
Is it included? NIA ❑ Yes ❑ No
F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
Is Company admitted in Callfomla?
® Yes
❑ No
$1,000,000 plus
D.
LIMITS (Must be $1M or greater): What is limit provided?
$1,000,000
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
Include): Is It included? (completed Operations status does
riot apply to Waste Haulers)
® Yes
❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
Included?
® Yes
❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it Included?
® Yes
❑ No
H.
CAUTIONI (Confirm that loss or liability of the named Insured
Is not limited solely by their negligence) Does endorsement
Include "solely by negligence" wording?
❑ Yes
® No
I.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
IL AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers ProaertvCasualty Co. of America
B. AM BEST RATING (A-: VII or greater) "A + "(XV)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers): $1,000,000 plus
What is limits provided? $1,000,000 Umbrella
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): We
Is it included? NIA ❑ Yes ❑ No
F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
• i
113. WORKERS' COMPENSATION
A. INSURANCE COMPANY: State Compensation Insurance Fund
B. AM BEST RATING (A-., VII or greater): n/a
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is It Included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
hL ,',.=
Agent of Brown & Brown
Broker of record for the City of Newport Beach
031 d5 I ale
Date
❑ Requires approvaVexceptlordwalver by Risk Management B &B initials
Comments:
Approved:
Risk Management
Date
® Yes ❑ No