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18-1030_ANDERSON-PENNA PARTNERS_Professional Services Agreement CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of CSTd 1',r 3O 20 kg by and between the City of San Juan Capistrano, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and ANDERSON-PENNA PARTNERS, INC., with its principal place of business at 3737 BIRCH STREET SUITE 250, NEWPORT BEACH, CA 92660 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: CONSULTING SERVICES IN ONE OR MORE OF THE FOLLOWING AREAS, WHICH INCLUDES, BUT IS NOT LIMITED TO: BUILDING, ENGINEERING, ARCHITECTURAL ENVIRONMENTAL, TRAFFIC/TRANSPORTATION, PLAN CHECK, LANDSCAPE ARCHITECTURE, GEOTECHNICAL ENGINEERING, PLANNING, AND/OR WATER QUALITY SERVICES (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "C." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $45,000. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in 1 61147 02100\10974777 1 the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). Consultant shall complete the services required hereunder within Exhibit "B." The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care 2 61147 02100\10974777 Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Consultant Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage 3 61147.02100\10974777 1 (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers' Compensation/Employer's Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant 4 61147.02100\10974777 1 shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer's Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires 5 61 147 02100`,10974777 1 during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. 6 61147 02100`10974777 1 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert 7 61147 02100'10974777 1 witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 15. City Material Requirements. Consultant is hereby made aware of the City's requirements regarding materials, which are deemed to be a part of this Agreement. 16. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. 17 Termination or Abandonment 8 61 147 02 100\10974777 1 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Organization Consultant shall assign LISA PENNA as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: CONSULTANT: City of San Juan Capistrano ANDERSON-PENNA PARTNERS, INC. 32400 Paseo Adelanto 3737 BIRCH STREET SUITE 250 San Juan Capistrano, CA 92675 NEWPORT BEACH, CA 92660 Attn: Public Works Department Attn: LISA PENNA and shall be effective upon receipt thereof. 22. Third Party Rights 9 61147 02100\10974777 1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City's Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited Interests 10 61147.02100\10974777 1 Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 11 61147.02100\10974777 I SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ANDERSON-PENNA PARTNERS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO ANDERSON-PENNA PARTNERS, INC. - amininei� City Ma •er Its: Pe at.+l<< j7 r� -or Printed Name: L% SA PEAnth4 ATTEST: By: t Clerk APPROVED AS TO FORM: By: C A or ey 12 61147 02100\10974777.1 EXHIBIT A Scope of Services • 13 61147.02100\10974777 1 EXHIBIT A Professional Development Plan Check Review and Inspection Services City of San Juan Capistrano 1. Background and Approach Project Understanding We understand the City is seeking a qualified consultant to perform as-needed development plan check review and inspection services for private development projects submitted to the Department of Public Works for review and inspection.The proposed scope of services includes public works development plan check services for design phase and plan check and inspection during the construction phase of the development projects.The APP team will review and inspect all aspects of the development project including:conformance to City Master plans,City design standards and subdivision requirements including mapping and conformance to the conditions of approval;grading,drainage and water quality;traffic control, capacities,safety,and circulation;construction phasing and haul routes;protection and compatibility of existing public facilities;coordination with public utilities;and ADA compliance. We also understand that the current submittal process utilizes hardcopy submittals and some digital submittals. APP encourages the use of digital submittals to improve plan check turnaround time. If desired,APP will aid the City in establishing electronic submission procedures. City's Goal We understand the City's goal is to ensure that all development(public and private)meets the City's land planning and development standards and to guide the evolution of development to ensure compatibility and enhancement with the surrounding neighborhood.Additionally,we understand that the City desires to establish a working relationship with a consultant to support the City in providing and maintaining a high level of customer service that will meet or exceed the turn- around timeframes for development review and inspection services. 2. Approach/Scope of Services Plan Checking Management Approach Management of Project Team.Our project approach and proven work plan is based on a pro-active project management approach.We firmly believe in"doing it right the first time".Consequently,we realize that when pursuing project success,it is critical to thoroughly define the project requirements before the work is started.APP's proposed Plan Check Manager,Terry Kelley,PE,has more than 30 years of management experience and has a proven record in successfully managing projects for numerous public agencies.She has great success in obtaining consensus on implementing an agency's and our managerial procedures and approaches. Our management philosophy includes the following: Understand the Proposed Project.Terry Kelley,PE has been intimately involved with development review for various public agencies including the cities of Lake Forest,Tustin,Seal Beach,and Signal Hill.Terry has been the lead reviewer on countless major development projects and supervises APP's development team.She understands the critical issues that cities face when new development is proposed and is committed to delivering quality infrastructure that is compatible with City and community goals and standards. The Right People for the Project.Along with Terry we have included resumes for APP's Plan Check and Inspection Team. Terry,Joe Buckner,PE,PLS,QSD,Jim Garvin,PLS and Manuel Barrios will serve as the plan and map checking team during design and construction.The construction inspection team will include Keith Forbes,John Dela Cruz,Eric Egurrola,Anthony Guzman,Dana Hutchins and Dustin Blackwell for construction documents control.The availability of inspectors is dependent upon the timing of the project and City's NTP to APP to begin work on each project.Alternate inspection candidates will be proposed and deployed to the projects,as approved by the City,should existing team members be committed on other assignments prior to the City's NTP. 1IPage � \ ANDERSON•PENNA Professional Development Plan Check Review and Inspection Services City of San Juan Capistrano Team Communication.Our team members have excellent track records communicating with clients and stakeholders. Frequent communication and tracking of project progress is integral to our approach for his project.We will set up communication protocol with the City prior to commencing any work on the project.Our goal is to keep the City informed as construction progress.Through our proposed FTP site,we will have daily inspection reports uploaded for the City's review. The City will be included in all construction revision communications and our recommendations will be coordinated with the City.Terry will be responsible for outlining construction communication protocol. Work Plan.The APP team will perform as part of the City's team,in the City's best interest,as an extension of City staff. • Development Plan Check Review Correction Lists and Forms: One of APP's first orders of work will be to draft up for the City a plan check review process,procedures and guidelines. A standard correction will be developed as part of the review process. • Review Procedural Guidelines: Another first order of work will be for APP to meet with the City to review and discuss the City's desired approval and procedural guidelines to be used for development plan check review and submittal process. • Initial Meeting:An initial meeting will be held with the City to discuss reporting,tracking and submittal procedures.We propose at our initial meeting with the City to review and set up procedural guidelines for setting up and using an AndersonPenna FTP site to be used for electronic submittals by applicants and the City. • Reporting:APP's proposes that the development plan check review staff will provide progress for each project through an Excel tracking spreadsheet that will be located on the FTP site and made accessible to the City. • Project Schedules:We propose at our initial meeting with the City to review and set procedural guidelines which will include establishing schedules for assigned projects.The APP team members are committed to meet turnaround timeframes as defined below. Review Turnaround Pi review 10 working days Subsequent Reviews 10 working days • Project Standards:APP shall review/check plans for compliance with the following regulations and standards: — City of San Juan Capistrano Standard Conditions of Approval for Public Works Permits, — City of San Juan Capistrano Municipal Code — City of San Juan Capistrano Standards and Manuals — American Public Works Association standards and guidelines when applicable — Orange County Public Works standards and guidelines when applicable Z� /s \ ANDERSON•PENNA Professional Development Plan Check Review and Inspection Services City of San Juan Capistrano Construction Plan Checking Task Approach Construction Plan Revision Reviews. Construction plan reviews are completed for revisions to the City-approved plans. These revisions are the result of field requested changes to the plans.The revisions must be coordinated by APP's project manager,APP's inspector,the engineer of record and the City.All revisions will be reviewed with the City.APP will present our recommendations for approval and confirm that the approved recommendations are then implemented. Protocol will be established with the City,the developer and its representatives.APP's project manager and plan check reviewer,Terry Kelley,has experience with and understands the requirement to resolve requested revisions during construction in a very timely manner.Terry currently is the lead construction revision reviewer for almost 200 acres of development including the civil portions of the City of Lake Forest's$60-million Civic Center campus. Meetings.Terry will attend construction meetings as necessary to review the project site progress and discuss proposed revisions.She will also attend periodic site walks with APP's assigned public works inspector,to review the progress of each project.She will be available to review any construction issues with APP's inspector and the City. Construction Inspection Approach APP will serve as the City's representative and liaison with the City,as well as,the contractor during construction of the development projects.Prior to the pre-construction meeting,APP will review and be knowledgeable about the contract documents and the existing site and conditions. Preconstruction Conference.APP inspector will participate in the pre-construction meeting organized by the contractor and developer. Safe Conditions.APP will monitor project work and adjacent areas for unsafe conditions,promptly require corrective measures be addressed by the contractor in compliance with the Contractor's submitted safety plan,OSHA requirements, City's standards and contract documents and report such unsafe conditions,and corrective measures taken,to the City. One of the most pervasive job hazards across all projects is construction adjacent to live traffic lanes.APP inspectors are very familiar with monitoring and enforcing proper traffic controls per the WATCH Handbook,MUTCD and/or project-specific traffic control,traffic handling,detour plans. Inspectors drive and/or walk the project limits at the start,during and before leaving the site each day to monitor proper,and/or require corrections to the required traffic control measures. Quality Assurance.APP will enforce that a quality product,in conformance with the City's standards and approved project documents,will be constructed. APP will perform and/or coordinate QA/QC activities daily and review activities as they happen,to make sure that QA/QC procedures are followed and deficiencies are resolved in a timely and efficient manner.APP's inspector will be on site during the normal working hours and when critical activities require verifying construction progress and that all work conforms to approved project documents. The inspector will monitor testing services,track documentation and review testing results. The inspector will also review test reports submitted by others to substantiate compliance and ensure that certificates of compliance or source release tags are furnished by the contractor,along with the applicable delivered materials at the project site. When necessary,corrective measures will be implemented and re-inspected/retested to verify acceptable completion.APP's inspector will reject work that does not conform to the requirements of the contract documents and will promptly report unacceptable work to the City and contractor.Rejected work will be thoroughly documented,photographed and tracked until repaired or replaced to the satisfaction of the City. Materials and Workmanship. APP inspectors will recommend approval of materials and workmanship that meet the project-approved document.This will be done in coordination with the APP's project manager,the engineer of record, architect,fire inspector,deputy inspector,or other authorized representative or regulatory authorities having jurisdiction. 3 1 P a g e ANDERSON•PENNA Professional Development Plan Check Review and Inspection Services City of San Juan Capistrano Daily Construction Observation Reports.APP's inspector will compile daily observation reports documenting construction activities,field problems,disputes or claims,resolutions of issues and directions given to the contractor.Completed daily reports will be uploaded to the APP FTP site weekly. Photographs.Inspectors prepare and maintain an electronic photo journal documenting the construction progress.Photos will be taken before construction begins,during construction and upon completion of the project and uploaded to the FTP site on a weekly basis. Submittal Processing.APP's inspector will assist with review of contractor submittals,as requested by the City,for completeness and general conformance with the approved project documents.The inspector will compare approved submittals with materials delivered to the project to confirm the proper products are incorporated into the constructed product. Revisions.APP's inspector will review and coordinate with Project Manager Terry Kelley on all requested revisions to the approved project documents.Our inspectors will work closely with our project manager to ensure that the approved project documents are adhered to throughout construction of the project. Problems and Solutions.APP's proactive approach serves to anticipate and expeditiously resolve field problems.Our team is well-trained in problem solving.All issues are processed with a sense of urgency by APP's project manager,and presented to the City with suggested alternatives,potential budget and schedule impacts and recommended solutions.The inspection team will quickly coordinate resolutions of field problems,in the manner which suits the best interests of the project and the City. APP will effectively and expeditiously communicate with Project Manager Terry Kelley to identify conflicts construction problems,coordination issues and facilitate the needed action and response to requested revisions. Document Tracking System.Complete and current project files shall be available in the field and on the FTP site.The APP project controls system uses a detailed indexing system for all project hard files. APP has already developed customized forms, reports database structure,and work breakdown structure,well suited for typical public works projects. This system will be adapted to the specific needs of the project,to monitor,track and control the project. This detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule. Schedule Review.The development construction schedule will be the responsibility of the developer.The developer must submit a construction schedule to the City for review and approval.APP can work with the developer to develop a realistic construction schedule that will meet the City's goals and standards. APP inspectors are very familiar with mainstream scheduling software such as Primavera P6 and Microsoft Project.The APP inspector will assist the City in reviewing the baseline construction schedule,including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead times.The inspection team will evaluate the baseline project schedule for the following: • Consistency with the contract schedule(completion within the contract time) • Accurate start dates,completion dates,other dates detailed in the contract • Any impacts of weather and change orders • Sufficient detail—including submittal process and procurement requirements • Sequence of construction and correct schedule logic • Identification of the critical path and project float • The schedule will not be recommended for approval as the baseline until all discrepancies are resolved. • Schedule Control.During the progress of construction,the APP team will compare the contractor's monthly schedule updates to the baseline schedule and any approved time extensions,note any shortcomings and monitor 41Page ANDERSON.PENNA Professional Development Plan Check Review and Inspection Services City of San Juan Capistrano .111 and track corrections by the Contractor to keep the Project Schedule on track.A four-week look ahead will be obtained from the contractor,updated weekly and presented at the weekly construction progress meetings. This tool will keep the entire team looking one-month ahead of the project and will facilitate proactive handling of project activities and issues. • Construction Meetings.The inspector will be available to attend developer construction meetings.At these meetings our inspector will provide comments on observed project construction issues.The inspector will also request corrective measures concerning construction activities and will provide a timeline for expected corrections. • Written Instruction.APP will Issue written instructions to contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues. • Plans,Specs and As-Builts.APP inspectors periodically review the Contractor's as-built updates on the approved job plan set,identify missing items and require the Contractor to keep as-built records up to date throughout the project. APP inspectors keep their own set of as-built plans which will note the location of subsurface utilities encountered and/or installed,identify where any design or field revisions were required. At the end of the project the final as-built plans are submitted the City. • Delivery Close-out Documents.APP's inspector will enforce the developer's contractor to submit well- coordinated operations and maintenance manuals,warrantees&guarantees,bonds,extra stock and/or other items required by the City. • Pre-Final Inspection.The Inspector will coordinate with APP's project manager,appropriate project stakeholders, perform the final job walk and prepare the punchlist(deficiency list). The inspector will coordinate and observe completion of required corrections. • Final Inspection.Satisfactory completion of all punchlist items is verified before the inspector signs the permit. APP is noted for our attention to detail. Not only have we excelled at closing out our own projects,but we have been requested to and successfully closed out problem client projects where our services were not initially utilized. • Upon completion of the punchlist and final acceptance by all project stakeholders,APP's inspector and project manager will make recommendation to City for release of bonds. SSP a g e ANDERSON•PENNA EXHIBIT C Professional Development Plan Check Review and Inspection Services City of San Juan Capistrano MIINNom 5. Cost Data The following is APP's cost breakdown for project task items. Project Task Item Name Classification Fee 1. Plan Check Review/Coordination Teresa Kelley,PE Project Manager/Senior Plan $175/Hour Check Engineer 2. Plan Check Review Joe Buckner,PE,PLS,QSD Senior Plan Check Engineer $170/Hour 3. Plan Check Review Manuel Barrios Plan Check Engineer $135/Hour 4. Mapping Check Review Jim Garvin,PLS Mapping Plan Check/Surveyor $145/Hour 5. Construction Inspection Keith Forbes PW Inspector(prevailing wage) $142/Hour 6. Construction Inspection John Dela Cruz,QSP PW Inspector(prevailing wage) $142/Hour 7. Construction Inspection Eric Egurrola PW Inspector(prevailing wage) $142/Hour 8. Construction Inspection Anthony Guzman,QSP PW Inspector(prevailing wage) $142/Hour 9. Construction Inspection Dana Hutchins PW Inspector(prevailing wage) $142/Hour 10. Construction Documents Control Dustin Blackwell Documents Control $120/Hour Notes: The above hourly rates include wages,fringe and general and administrative overhead and fee,as well as typical supplies, tools and equipment required to perform services. The following minimum callout applies to Inspection staff,in accordance with Industrial Welfare Commission Order No. 16-2001: • Cancellation of 8 hours scheduled inspection after inspector's arrival on site:4-hour minimum • Cancellation of 4 hours scheduled inspection after inspector's arrival on site:2-hour minimum This is a Prevailing Wage Project.Prevailing Wage Rates are subject to increases pursuant to the State of California's Department of Industrial Relations Wage Rate Determinations,assumed at$2.30 per hour,plus associated overhead and profit,per annum. The rate included above cover the period through June 30,2019. Inspection Overtime: No weekday,Saturday,holiday or Sunday work is assumed or included. Should any weekday or Saturday overtime inspection be required,it is charged at 1.4 times the rate shown.For Sundays and holidays inspection billing,rates are 1.8 times the above rate,upon the City's prior written approval therefore. Contracts for Public Works Inspection: For contracts involving public works inspection services,APP requires the awarding public agency to complete DIR form PWC-100 solely for AndersonPenna Partners,Inc.as the Prime Contractor specific to the awarded contract name and amount. Fees for subconsultant services: Billed at actual cost,plus 15 percent(15%)to cover overhead and administration. Reimbursable Expenses:Ordinary identifiable non-salary costs that are directly attributable to the project,such as reproduction,regular vehicular travel costs,overnight postage/couriers,etc.,are included in the fee estimated above. Extraordinary expenses,such as oversized and/or color reproduction costs,site facility hard phone line and/or internet service charges,non-commuter project miles and/or other travel expenses to remote(over 50 miles one-way)fabrication yards/ batch plants,overnight postage/couriers,etc.,are billed at actual cost,plus 10 percent to cover overhead and administration. Travel charges to a casting/fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide(State rates). Extraordinary charges will not be billed to the Client unless specifically requested and approved by the Client in writing prior to incurring the expense. 251Page ANDERSON•PENNA