HomeMy WebLinkAboutAgreementAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PROJECT PROFESSIONALS
CORPORATION
THIS AGREEMENT is entered into this i5 day of April, 2014, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project Professionals
Corporation, a corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project
support services for National City's Capital Improvement Program (CIP).
WHEREAS, the CITY has determined that the CONSULTANT is a general engineering
and construction management firm and is qualified by experience and ability to perform the
services desired by the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in
accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by
the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERY1 F.. The CONSULTANT will perform services as set
forth in the attached Exhibit "A", including, but not limited to, project management, engineering
and contract management, construction management and inspections, plan reviews,
constructability reviews, community outreach and communications, and legal support for public
works contacts and/or disputes.
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to
keep staff and City Council advised of the progress on the Project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
1 City's Standard Agreement-2o11 revision
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this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 15% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the
Project Coordinator for the CITY and will monitor the progress and execution of this
Agreement. The CONSULTANT shall assign a single Project Director to provide supervision
and have overall responsibility for the progress and execution of this Agreement for the
CONSULTANT. Byron S. Wade, President/CEO, thereby is designated as the Project Director
for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed $1,500,000 (the Base amount)
without prior written authorization from the Project Coordinator. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice, provided
that work is accomplished consistent with Exhibit "A", as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
5. ACCEETABILITY OF WORE. The City shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation
due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of
the work, the manner of performance and/or the compensation payable to the CONSULTANT
in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within
ten (10) business days, the CONSULTANT and the City shall each prepare a report which
supports their position and file the same with the other party. The City shall, with reasonable
diligence, determine the quality or acceptability of the work, the manner of performance and/or
the compensation payable to the CONSULTANT.
6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on April 15, 2014. The duration of this Agreement is for the period of
April 15, 2014 through April 14, 2016. With mutual agreement of the parties, this Agreement
may be extended for an additional period of up to one year, through April 14, 2017.
2 City's Standard Agreement-2011 revision
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7. iNSPOSLTION ANT, OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and, disclaims any copyright
in and right to reproduce, written matched, drawings,
l r� work
+...+, the light all aitutViir61, %J1C111.7, specifications, or other
prepared under this Agreement, except upon the CITY' S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY' S purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or
specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability
under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or
for any liability to the CITY should the documents be used by the CITY for some project other
than what was expressly agreed upon within the Scope of this project, unless otherwise mutually
agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITy'S employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONSULTANT and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONSULTANT without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from
employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may
deem necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adhere to the applicable terms of this Agreement.
3 City'a standard Agreement —2011 revision
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9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT'S
employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY, it
being understood that the CONSULTANT its agents, servants, and employees are as to the
CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the
CITY are solely such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City
business license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES. PERMITS. ETC. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONSULTANT represents and covenants that the
CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT'S trade or profession currently practicing under similar
conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY' S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
4 City's Standard Agreement —2011 revision
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13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any notices
provided by the CITY setting forth the provisions of this non-discrimination clause,
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT
without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to
the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other propertyof any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
15. INREMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S
negligent performance of this Agreement.
The indemnity, defense and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
5 City's 5mndsrd Agreement --2011 revision
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16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to
purchase and maintain throughout the term of this Agreement, the following checked insurance
policies:
A. ® If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -
owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents
and employees as additional insured, and a separate additional insured endorsement shall be
provided.
C, Commercial General Liability Insurance, with minimum limits of
$2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement. The policy shall name the CITY and
its officers, agents and employees as additional insured, and a separate additional insured
endorsement shall be provided. The general aggregate limit must apply solely to this "project"
or "location".
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement. If CONSULTANT has no employees
subject to the California Workers' Compensation and Labor laws, CONSULTANT shall
execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by
CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
6 City's Standard Agreement-2011 revision
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G. Insurance shall be written with only California admitted companies that
hold a current policy holder's alphabetic and financial size category rating of not less than A
VIII according to the current Best's Key Rating Guide, or a company equal financial stability
that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -
admitted surplus lines" carriers, they must be included on the most recent California List of
Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
H. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. if the CONSULTANT does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
I. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. if a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of
the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rend red shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
7 c ity's Standard Agreement —2011 revision
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CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT, whether paper or electronic, shall immediately become the property of and be
delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents and other materials up
to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder,
and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter,
ownership of said written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten
(10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States
Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with
charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above shall be
directed to the following persons:
To CITY: Stephen Manganiello
Director of Public Works/City Engineer
Engineering & Public Works Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
8 City's Standard Agreement —2011 revision
-s-
To CONSULTANT:
Byron S. Wade
President/CEO
Project Professionals Corporation
4499 R.17fn. Road, Suite 250
San Diego, CA 92123
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS, During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONSULTANT also agrees not to specify any product,
treatment, process or material for the project in which the CONSULTANT has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself
and shall not use its official position to influence in any way any matter coming before the
CITY in which the CONSULTANT has a financial interest as defined in Government Code
Section 87103. The CONSULTANT represents that it has no knowledge of any financial
interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
El If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall
obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the
CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works
contracts as set forth in California Labor Code, including but not limited to, Sections
1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State
prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws,
ordinances, rules, and regulations.
9 City's Standard Agreement —2011 revision
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24. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions, Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any
party hereto shall be of any effect unless it is in writing and executed by the party to be bound
thereby.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors as
such party has deemed appropriate, relative to any and all matters contemplated under this
Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
10
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City's Standard Agreement —2011 revision
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY PROJECT PROFESSIONALS
CORPORA 1IONN
By: By: 44i710
Ron Morrison, Mayor t"Or
APPROVED AS TO FORM:
Clanilia G. Silva
City Attorney
ade, PresidentiCEO
e Wade, CFO
City's Standard Agreement —2011 revision
' C-LT
CERTIFICATE OF LIABILITY
INSURANCE
DATE (MMooIYYYY)
�r3/2014
THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
-
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(1es} must be endorsed. If SUBROGATION IS WAIVED, subject to
the tarts and condhpans of the policy, certain policies may require an endorsement Astatement en this certificate does not confer rights to the
certificate holder In ileu of such endorsement(s).
PRODUCER
MILLIIylBN INSURANCE
16516 Bernardo Center Dr #150
San Diego, CA 92128
'
CONAME T Janelle Tenorio
PHONEWC o Exao: 858-481-9200 I wG, No):858-451-2794
oaLss.janelle.mmillimancfarziersagency.com
NAICS
IPiSURERIS} AFFORDING COVERAGE
INSURER A: Mid -Century Insurance Company
INSURED Project Professionals Corp
4499 Ruffin Road Suite 250
San Diego, CA 92123
INSURER B: Sequoia oia Insurance Co A+ rated
INSURER C:
INSURER D:
INSURER E:
INSURER F:
CERTIFICATE NUMBER:
•
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CERTIFICATE HOLDER
CANCELLATON
City of National City
Hamby Tipton Contact Officer
1243 National City Blvd
National City, CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIV
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ACORD25 (2010/05)
1988.2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sj, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
EEPORTANT: R the certificate holder Men ADDITIONAL INSURED, the poScy(ies) must be endorsed. If IRJBROSGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu clouds enciorsement(a). .
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REVISION NUMBER:
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INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF
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_CERTIFICATE HOLDER
City of National City, its elected
officials, officers, agents and employees
Attn: Barby Tipton
1243 National City Blvd.
National City, CA 91950
ACORD 25 (20100I)
INSG28(zw cm Lot The ACORD name and logo are registered marks of ACORD
CANCELLATION
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ACCORDANCE WITH THE POLICY PROVE.
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-13-
Feb. 24, 2014
Stephen Manganiello
Director of Public Works/City Engineer
City of, National City
Department of Engineering & Public Works
1243 National City Blvd.
National City, CA 91950
RE: Request for Qualifications for National City's Capital Improvements Program
Dear Mr. Manganiello,
Please accept this Statement of Qualifications in response to your Request for Qualifications for on -call
support services for National City's Capital Improvement Program due on Feb. 24, 2014.
Headquartered in San Diego, Project Professionals Corporation is a local engineering and
project/construction management firm with staff that has built a 30-year track record of delivering
successful capital improvements projects. Our highly experienced project and construction managers,
engineers, inspectors, and administrators will work collaboratively with your team, and the appropriate
community stakeholders, to ensure the successful completion of your projects. Although PPC is quickly
growing into a mid -sized firm with even greater capabilities, National City staff will always have direct
access to our firm's leadership, while also providing a responsive and agile team that can manage large
projects and react quickly to changing project dynamics.
PPC's unique experience and project management approach combine a strong legal background based
in contract law, decades of experience and thoughtful value engineering to successfully manage capital
improvement projects.
PPC submits this Statement of Qualifications for the following services and general services:
1. Project management
2. Construction management and inspections (including certified payroll)
3. Communications and Community outreach
4. Engineering and contract management (including technical analysis, studies, reports and
presentations, PS&E, QAJQC, value engineering, bidding, response to RFI's, construction
support, and preparation of record drawings.)
5. Plan reviews
6. Constructability reviews
4499 RUFFIN ROAD, SUITE 25❑
SAN DIEGO, CALIFORNIA 92123
Proje ctP rofessiona is Corp. com
TELEPHONE 858.534.E 1 90
FACSIMILE 85E1.634.81134
-14-
Project Prolessionals Corporation
National City Request for Qualifications
7. Project tracking and progress reports
8. Annual contract document updates
9. Representation and/or negotiation on behalf of the city in joint powers agreements, joint
maintenance agreements, bid protest hearings, subcontractor substitution hearings, inter-
agency disputes, and any other time or place that the city engineer would need PPC's expertise
10. Analysis and system set up for contracting and purchasing services and goods
As president/CEO of PPC, I have personally built my reputation over the last 25 years as "the guy that
gets projects built." Often tasked with the most difficult projects, at PPC we always find ways to.make a
project successful.
I am a California licensed and practicing attorney specializing in construction contract drafting, dispute
resolution and litigation. For 20 years I brought these skills and knowledge to bear for the benefit of my
clients and continue to do so at PPC. My reputation in the legal community is best summed up by Chula
Vista's former City Attorney Bart Miesfeld.
"Mr. Wade is intelligent, personable and approaches each litigation task in an efficient yet thorough
manner. His deep understanding of government defense law and of how public entities operate sets him
apart from other outside attorneys hired by my office,' said Miesfeld.
Vice President Roberto Saucedo, a professional engineer, brings more than 30 years of experience in
delivering capital improvement projects for Chula Vista, Centre City Development Corporation and
National City. Saucedo developed key relationships with all the regional regulatory and transportation
agencies through cooperative efforts on countless projects. Saucedo also has special institutional
knowledge about National City as its previous director of public works.
We are thankful to National City for the trust it has placed with us over the years to represent the City
and to deliver its projects, We personally feel a sense of loyalty to National City and strongly wish to
continue this successful and gratifying relationship over the term of its next on -call contract.
Thank you for your consideration and this opportunity to bring PPC's level of service to National City. We
look forward to discussing our proposal with you.
Sincerely,
Byron 5. Wade
President/CEO
4499 RUFFIN ROAD, SLATE 250 PmjectProfessionalsCoracom TELEPHONE ase.834.8180
SAN DIEGO, CALIFORNIA 92123 FAGSIMJLE e5B.534.81 24
-15-
3. Contact Information
a) Project Professionals Corporation
4499 Ruffin Road, Suite 250
San Diego, CA 92123
b} Project Professionals Corporation (PPC) is a California "S" Corporation
c) PPC currently has one office in San Diego at 4499 Ruffin Road, Suite 250. This office will provide the
services described in this SOCK.
d) Contact:
Byron S. Wade
President/CEO
Project Professionals Corporation
4499 Ruffin Road, Suite 250
San Diego, CA 92123
Office: 858-634-8180
Cell: 619-244-3418
Email: byron «cprojectprofessibnalscorp.com
7
-16-
4. Team Organization and Key Personnel
Introduction:
Project Professionals Corporation is a civil engineering and project/construction management firm with
a proven track record of success for every type of capital improvement project. We offer a full
spectrum of services backed with years of hands-on experience to help our municipal clients achieve
their project goals.
For the on -call project support services for the City of National City's Capital Improvement Program,
PPC is assigning 14 team members, which includes decades of experience in project management,
engineering, communications, legal and finance. We feel this level of staffing will give us the flexibility
and experience to provide the services proposed.
Byron Wade will serve as the overall project manager and primary consultant for the City of National
City's Department of Engineering & Public Works. Underneath Byron, PPC's team has extensive
experience working on capital improvement projects in National City and other municipalities in San
Diego County. Below you will find detailed information about the assembled team, including a
description of experience, recent professional activities, education, licenses and certificates related to
capital improvement projects.
Name: Byron Wade
Project Role: PresidentjCEO
Overview
Byron Wade is the president/CEO at PPC and brings more than 25 years of experience managing and
delivering numerous successful capital improvement projects for municipal governments and agencies
throughout the San Diego region. Byron's core strengths are his knowledge, education and experience
working on the legal, project management and regulatory components of projects. He emphasizes the
importance of strong communication and has developed a team that excels at communicating with
both clients and stakeholders about complex projects in a succinct and logical manner.
Byron's strong track record of successfully completing tough projects and avoiding legal pitfalls
provides clients with a project manager who finds innovative ways to solve problems and successfully
complete capital improvement projects. His iegai background brings a rare specialization in the
practice of construction contract drafting, dispute resolution and litigation. Byron leads PPC's team of
professionals in a hands-on manner, which ensures consistent project quality, clear communication
through all project phases and client satisfaction.
8
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Related Professional Experience
Over the last 10 years Byron has managed almost all of National City's CIP projects and many of Centre
City Development Corp. projects. Principal and project/construction manager for municipal and local
government agency capital improvement projects in the San Diego region. Provided oversight for a
staff of six professionals and successfully led the transition of Wade & Associates into PPC.
City of Chula Vista, project manager Managed project development process and provided
oversight for inspection team for the construction of city capital improvement projects
Education/Licenses/Certificates:
• Western State University, Bachelor of Art, Law
• Thomas Jefferson School of Law, Juris Doctorate
Licensed California attorney
Name: Leanne Wade
Project Role: Treasurer/CFO
Overview
For nearly 15 years Leanne Wade has provided budget and financial oversight for multi -million dollar
corporations and municipal governments in San Diego. for the last three and a half years, she has led
the financial management and human resources divisions at PPC. Leanne has a keen understanding
about budgets, account payables, account receivables and payrolls surrounding capital improvement
projects for cities and their contractors.
With financial oversight experience in both private and public sectors, Leanne recognizes the
challenges, and appreciates the importance of ensuring accurate accounting and financial reporting for
federal, state and local levels of government. She is knowledgeable in the budget reporting
requirements for municipal governments, and she understands the synergy between cash flow
operations, municipal borrowing mechanisms, investment market considerations and credit ratings.
Related Professional Experience
• San Diego County Water Authority, Controller —Total revenues in excess of $385 million, payroll
for 300 employees
• City of El Cajon, Accounting Operations Manager —Total revenues in excess of $80 million,
payroll for 700 employees
• City of Chula Vista, Senior Accountant —Total revenues in excess of $130 million, payroll for
1,400 employees
Education/Licenses/Certifications
• San Diego State University, Bachelor of Science, Accounting
• California Certified Public Accountant
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Name: Michael J. McDonnell, Esq.
Project Role: Special Projects
Overview
Michael J. McDonnell has been a senior project manager with Wade & Associates since 2009, and is
now in the same position with PPC. McDonnell provides project management services for municipal
construction projects from the design stage through construction. McDonnell has a keen
understanding about managing projects that involve resurfacing, streetscape, park improvements, and
traffic related projects: His primary duties include addressing construction claims, conducting project
meetings, and acting as liaison between contractors and government employees. He also has
significant experience with the financial and regulatory sides of public improvement projects.
McDonnell is knowledgeable about invoice processing, verifying certified payroll, and ensuring that
project construction, completion, and entity acceptance are in compliance with public entity standards
and the California public contract code, civil code, and labor code.
McDonnell is a licensed, practicing California attorney since 2008 with experience in litigation and
construction contracts.
Related Professional Experience
• Marina Gateway Streetscape, National City, project manager
• Street Resurfacing, National City, project manager
• Safe Routes to School II, National City, project manager
• Various assignments for National City including:
o WI-TOD Brown Field team management
o Contract specification drafting for state and federal program compliance
o Sweetwater River Maintenance Agreement representation
Education/Licenses/Certificates
• Arizona State University, Bachelor of Arts, Sociology
• University of Fiorida, Levin College of Law, Juns Doctorate
• Licensed California attorney
Name: James Blasi, P.E.
Project Role: Sensor Civil Engineer
Overview
As the senior engineer for PPC, Jim Blasi performs all constructability reviews for client projects,
engineering review for the City of National City improvement plans and acts as project manager and
10
-19-
resident engineer for all public works improvement projects including sewer, dry utilities, signals,
street improvements, parks and structures.
Blasi has more than three decades of experience in the design, inspection and project management for
capital improvement projects for municipal governments. As an engineer at the City of Chula Vista,
Blasi took his career from public works inspector to senior engineer overseeing the design and delivery
of major public improvement projects. Blasi oversaw the installation of the majority of the subdivisions
and right-of-way improvements in eastern Chula Vista with an estimated project value exceeding $500
million. He managed and inspected major development aspects such as mass grading, storm drains,
sewers, arterial roadways, freeway connections, dry utilities, retention dams and parks.
Biasi joined PPC in 2009 and brings a full career of knowledge and expertise working on municipal
capital improvement projects.
Related Professional Experience
Marina Gateway Project, National City, Resident Engineer and Inspector
National City Parks ADA Upgrades, National City, Design Engineer, Resident Engineer and
inspector
El Toyon Sport Field, National City, design engineer, resident engineer and inspector
• 8th Street Utility Relocation and Sewer Upgrades, National City, resident engineer and inspector
• 8th Street Smart Growth Improvements, National City, resident engineer and inspector
▪ 8th Street Safety Enhancements, National City, resident engineer
• Community Corridors Improvement Project, National City, resident engineer
Education/licenses/Certificates
California Licensed Professional Engineer
Name: Roberto Saucedo, R.C.E
Project Role: Principal Civil Engineer
Overview
Roberto Saucedo is a professional civil engineer and construction project manager with 35 years of
experience working on capital improvement projects in the San Diego community. Saucedo has a
proven record providing leadership, direction and technical expertise in the management of public
works contracts and projects. He has managed, planned and supervised more than 200 public works
contracts including construction of major flood control facilities, fire stations, parks, parking garages,
gyms, prime arterials, street lights, sewers, and neighborhood street improvements.
11
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Saucedo's background includes leadership roles in the public works divisions of cities in southern San
Diego, which gives him a keen understanding about the history of development in National City's
neighborhoods. Sauced() places high value on strong communication between contractors,
stakeholders and community members regarding infrastructure improvement projects that have an
impact on quality of life. Cooperation and consensus between engineering and operations divisions,
facilitating communications and interactions, and holding numerous cross -functional meetings are
critical for successful project delivery.
Saucedo has a track record of accomplishment in the field of public works engineering, infrastructure
construction and maintenance practices, land use codes and regulations and finding consensus on
projects in the San Diego community. Saucedo is a results -oriented, decisive leader with a passion for
his job, career and community.
Related Professional Experience
• PPC—Vice President and Principal Civil Engineer
• City of National City, Director of Public Works — Managed a $10 million budget and 52 full-time
employees responsible for the maintenance of the city's public works infrastructure
• Centre City Development Corporation, Public Works Senior Project Manager — Managed public
works contracts and assisted with private developments. Planned, supervised and managed
major public works projects. Analyzed complex proposals for cost, benefit and feasibility.
Prepared reports and acted as the corporation's field representative.
• City of Chula Vista, Senior Civil Engineer — Managed the construction inspection, survey and
design sections consisting of a team of 28 engineers/technicians/surveyors in the city's
engineering department.
Education/Licenses/Certifications
• San Diego State University, Bachelor of Science, Civil Engineering
• California Licensed Professional Engineer
Name: Derrick hri. Anderson
Title: Senior Civil Engineer
Overview
For more than 23 years, Derrick Anderson has performed in various project management and
engineering capacities on capital improvement projects. He understands what it takes to successfully
oversee major public infrastructure improvement projects in the San Diego region.
While working at the City of San Diego, Anderson managed aspects of the Petco Park infrastructure
improvement project. As part of the construction phase of Petco Park, Anderson performed project
12
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scheduling and budget estimating, and he also managed demolition and soil remediation contracts and
coordinated efforts with ancillary developers and urban designers. Having worked in both the private
and public sectors on capital improvement projects, Anderson recognizes how to achieve and maintain
strong working relationships between municipalities and contractors.
During his accomplished career, Anderson has worked with government organizations such as the
North County Transit District, the City of San Diego, County of San Diego, Port of San Diego and various
cities such as the City of Poway and the City of National City.
Related Professional Experience
• National City Aquatic Center, National City, Project Manager
• 8th Street Safety Enhancements, National City, Resident Engineer
f. 2100 and 2020 Hoover Avenue Site Remediation and Demolition, National City, project anager
Education/Licenses/Certificates
- San Diego State University, Bachelor of Science, Civil Engineering
California Licensed Professional Engineer
Name: Josh Johnson
Project Role: Assistant Engineer/Project Manager
Overview
Josh Johnson brings nearly four years experience to the PPC team as an assistant engineer and project
manager. More specifically, Johnson's work in environmental engineering brings unique knowledge
about remedial system design, installation and monitoring, soil and groundwater site assessment and
investigation. He has successfully performed soil and vapor sampling, well installation and
abandonment, and logging of soils and groundwater sampling. Johnson has experience writing
technical documents associated with environmental engineering, such as water pollution control plans,
work plans, phase I and phase II environmental assessment reports, quarterly reports and permits.
Johnson is also knowledgeable in the field of renewable energy applications; including the design of
photovoltaic modules and solar thermal layouts for residential and commercial projects.
Related Professional Experience
• 8th Street Smart Growth and Revitalization Project, National City, project manager
• Community Corridors Improvement Project, National City, project manager
• Bth Street Safety Enhancements Project, National City, project manager
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Education/Licenses/Certifications
• San Diego State University, Bachelor of Science, Civil Engineering
• 40-Hour OSHA Health & Safety certification
• 8-Hour OSHA Health & Safety annual update certification, 2013
▪ Engineer -in -Training certification
Name: Vinnie Aguelo
Project Role: Assistant Engineer/Project Manager
Overview
Vinnie Aguelo is a project manager at PPC, assisting the team on capital improvement projects with
municipal governments. Aguelo performs field visits to ensure construction work is being conducted
according to local regulatory standards. He is responsible for ensuring consistency between contractor,
planner and engineering work and project specifications, local standards and drawings of capital
improvement projects. Aguelo also has experience preparing engineering documents such as RFIs,
change orders, submittals and project invoices.
Prior to joining the PPC team, Aguelo was an engineering intern for the City of National City's
engineering department where he helped prepare contracts, service agreements and notices of
completion. While working for the City of National City, Aguelo also organized project specifications in
accordance with hazard mitigation plans and EPA standards.
Related Professional Experience
• 1726 Wilson Avenue Site and Tentative Improvements, National City — Project manager
• Public Works Relocation— Project manager
Education/Licenses/Certificates
• University of California, San Diego, Bachelor of Science, Structural Engineering
• Engineer -in -Training certification
Name: Juan Cesena
Project Role: Public Works Inspector
Overview
Juan Cesena has 27 years of technical field experience in construction materials testing, management
and engineering in the United States and Mexico. Specifically, Cesena has six years of experience as the
owner or top executive for construction inspection companies. Cesena has experience managing
project quality control programs including, but not limited to on -site testing and inspection, submittal
14
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review, and quality assurance. He serves as a senior public works inspecto.r through ail phases on
commercial, local, state and federal construction projects, including ADA compliance, street
rehabilitation and labor compliance regulations.
Cesena has a keen understanding about the payment schedule process, such as budget control
records, progressive payments, materials quantity control daily reports and record keeping. He is well
versed in SDSRD, Green book and local municipal requirements for capital improvement projects.
Related Professional Experience
• Coolidge Avenue, D Street and 4th Street Pedestrian and Roadway General Improvements
Project, National City, public works inspector — Managed all construction quality control,
subcontractor coordination, traffic control, code violation and payroll and labor oversight
San Ysidro Port of Entry Phase lb Redevelopment Project, San Ysidro, supervisor — Managed
multiple technicians during all earthwork elements, and major pavement construction including
onsite and offsite driveways, parking lots, and base streets
• Two story development project at National City Middle School —Sweetwater High School
District, public works inspector — Provided inspection and field oversight for concrete and soils
inspection and technician oversight
= Street Paving and Sidewalk Rehabilitation Program, National City, public works inspector —
Managed all construction quality control, subcontractor coordination, task order, change order
management, inspection for direct acceptance or rejection of all work, traffic control, code
violation, and contractual oversight, including certified payroll and labor force oversight and
management
Education/Licenses/Certificates
• San Diego State University, Adult Education Program
• Radiation Safety & Use of Nuclear Gauge (CPN & Troxler)
Name: Gilbert Valdez
Project Role: Public Works Inspector
Overview
Gilbert Valdez is an accomplished and results -oriented project management professional. With nearly
30 years of experience, Valdez has developed the capabilities to orchestrate the inspections process
for high -paced operations in all aspects of land development, road construction, building construction
and engineering. Valdez has extensive familiarity in organizational administration, resource
management, and contract negotiations. He has a record of achievement on inspections for high
profile projects, providing leadership, supervision and motivational expertise to ensure streamlined
operational success.
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Valdez has a strong ability to overcome challenging issues associated with capital improvement
projects and has exceptional communication skills. Valdez can speak fluently in English and Spanish.
Related Professional Experience
• Drainage Improvement Project, National City— Installation of drainage facilities
• Annual Street Resurfacing Project, National City—$2.9 million asphalt overlay project
▪ KB Homes community development projects, Imperial, San Diego and Riverside counties —
More than 10 development projects valued at $62 million
• Master -planned community projects, City of Chula Vista — Inspection services for developers,
including hazardous material abatement, archaeological and paleontological mitigation,
infrastructure development compliance and landscaping
• Pacific Coast Communities master -planned community development projects, City of
San Diego — Managed projects for all aspects of site development, grading, storm drains
from pre -construction to final occupancy
• Brookfield Homes new home communities, City of San Diego — Managed projects for all aspects
of site development, inducting structures, playgrounds, pools, grading, storm drains, wet and
dry utilities, streets, landscaping and parks
o Note: Gilbert was hired to complete a high -end, problematic project that had been
through four superintendents and had a history of delays. Gilbert finished the project
phases on schedule until completion. ..
Education/Licenses/Certificates
• Cal -OSHA Safety & Traffic Control
• Confined Space Entry and Fall Protection
• Cal-Traf is SWPPP
• Franklin Covey 7 Habits & Focus
Name: Michael Donald
Project -Role: Communications
Overview
Mike Donald joined PPC in January as the firm's communications director. Donald brings nearly 18
years experience creating and implementing strategic communications plans. He has extensive
experience in graphic design, web development and social and traditional media outreach. Donald has
spearheaded both internal and external corporate communications programs and he understands how
to effectively communicate with target audiences using multiple media platforms. With capital
improvement projects, impacted stakeholders have the ability to send and receive information about
projects on multiple levels across many mediums. Donald provides PPC with the experience and
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capability to harness technology to benefit residents, government entities and contractors involved in
capital improvement projects.
Related Professional Experience
• 3-Amp Media, Inc., Visalia and San Diego, owner
• Outreach, Inc., Visalia and Colorado Springs, graphic designer and consultant
• Neighborhood Church, Visalia, communications director
• Vantage Technology Group, Visalia, project manager and web designer
• Stone Ministries, Inc., Visalia, systems administrator
Name: Anna Schulte
Project Role: Project/Administration Manager
Overview
Anna Schulte is an administrative specialist at PPC with more than 12 years experience supporting
project managers in various capacities on capital improvement projects. Schulte is familiar with
managing aspects of construction projects including communications, regulatory requirements,
government audits, payroll and labor compliance. Schulte has performed duties on municipal
construction projects such as coordinating staff schedules to ensure all projects follow appropriate
guidelines according to state and federal law. She also has experience representing PPCF,and
municipalities in federal and state audits. Schulte also has experience as the lead payroll compliance
officer on projects and acting as the liaison between projects managers and labor compliance officers
when necessary.
Related Professional Experience
• Amadeus Fire Temporary Staffing Service, Frankfurt and Berlin, Germany — Provided
administrative duties for several large clients including Paul Hastings (law firm), German
national toll revenue collection service and H. Stern (jewelers)
• Mute Records, London, England — Provided administrative and bookkeeping duties for the
company including annual budget development, recordings, lease agreements and general
office management
Education/Licenses/Certificates
• University of Westminster, London, Master of Arts, Audio Production
• Liverpool Institute for Performing Arts, Liverpool, England, Bachelor of Arts in Performing Arts
17
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4b. Organizational chart
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PPC Organizational. Chart
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5. Experience and Technical Competence
a. Project Professionals Corporation will provide services in the following disciplines and general
services:
• Project management
Construction management & inspections (including certified payroll)
Communications and community outreach
Engineering and contract management (including technical analysis, studies, reports and
presentations, PS&E, QA/QC, value engineering, bidding, response to RFI's, construction
support and preparation of record drawings.)
▪ Plan reviews
▪ Constructability reviews
Project tracking and progress reports
Annual contract document updates to incorporate changes in the law, new construction
materials, methods and procedures, Greenbook supplements and new editions, updates
and new state and federal regulations and forms, and new City of National City regulations
and requirements
Representation and/or negotiation on behalf of the city in joint powers agreements, joint
maintenance agreements, bid protest hearings, subcontractor substitution hearings, inter-
agency disputes and any other time or place that the city engineer would need PPC's
expertise
Analysis and system set up for contracting and purchasing services and goods
PPC is especially knowledgeable in managing state and federally funded projects. With our strong
reputation and relationships with state and federal regulators and auditors we are in the best position
to keep the City of National City's state and federal projects in compliance. This will also benefit the
City of National City on future grant applications. PPC will accomplish this by performing each of the
following tasks with its project team to ensure compliance with specific state and federal regulations:
• Review each project's scope
Provide oversight and management of the design engineering team to keep the project
within scope and budget, and meet all filing and application requirements and deadlines
• Draft all contracts documents to meet each state and federally funded project specific
requirements
• Oversee and manage the bid process
• Determine DBE compliance when required
Chair hearings and make recommendations on rulings for bid protest disqualifications
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• Manage, inspect and document the project
• Negotiate and draft change orders
• Keep the master project file
• Attend and lead audits
• Keep record drawings
• Complete project close-out
We believe that PPC has earned the City of National City's trust as well, and feel confident that the City
of National City can move forward with PPC at the helm of these projects with minimal oversight.
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b. Matrix
Discipline and General Services Matrix
k
PROJECT mAphiGthitor
CEO
Assist city engineer in determining scope and funding of projects
CEO, PM AS
Prepare PowerPoint and other reports for presentation for Council, committees and
stakeholders
CEO, PM
Coordinate, prepare agenda and chair stakeholder meetings
CEO
Assist in or present project information to Council and Committees
PM
Create, track, update and distribute project schedule
PM
Create, track and update the design and bid schedule
PM
Coordinate with other agencies and entities as required
PM
Coordinate with other City departments as required
PCE/CE
Review plans and technical specifications for constructibliity and conformance with
design standards and best practices
CEO/PM
Prepare boilerplate to fit each project whether local, state or federally funded
PM `
Ensure that pre -bid documents are complete and in place to receive state or federal
funds
PM
Assist in obtaining permits as required by other departments or agencies
AS
Prepare project files for conformance with local, state or federal requirements
CEO/CE/PM
Assist city engineer or act on behalf of the city engineer on all reporting requirements to
Council, committees, stakeholders, other agencies, utilities, and other city departments
CEO/PM
Prepare all bid documents as required for local, state and federally funded projects '
AS
Process bid documents with a -bid boards
CEO/Ptvi/AS
Prepare agenda, coordinate and chair pre -bid conferences
CEO/PM
Process and answer requests for information during the bid process
CEO/PM/AS
Prepare and issue addenda and clarifications during the bid process
CEO/PM/ASQualify
apparently low bidderfor responsibility, responsiveness, compliance with DBE
requirements and other state and federal requirements if required
CEO
Recommend lowest responsive and responsible bidder to City Engineer for award
CEO
field and respond to all bid protests
,
CEO
Attend all bid protest hearings and make recommendations to the City Engineer
CEO
Prepare all orders and correspondence for the City Engineer as to all bid matters
CEO/PM
Prepare talking points for the City Engineer to use at Council meeting
COATSTRUCTIONMANAGIMEAW&
iNSPECTIQNS.
CEO/PM/AS
Prepare agenda and relevant documents for pre -construction meeting
AS
Coordinate pre -construction meeting
CEO
Chair pre -construction meeting
CEO/CE/PM/AS
Attend pre -construction meeting
PM
Review and approve or reject project schedule and updates
AS
Prepare construction master file in accordance with local, state or federal requirements
P+I
Provide site inspections of construction improvements for conformance with plans and
specifications
PWI-
Provide daily reports on the work progress, manpower, equipment, materials,
discussions, safety issues, traffic control, acceptance and rejection of improvements,
changed or unforseen conditions, change order work, force account work, design
changes, field orders and any other information necessary to enable the reader to fully
understand the project progression and to be in conformance with state and federal
regulations
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Discipline and General Services Matrix
PWI
Keep record drawings (as-builts)
PWI, PM, CD
Communicate schedules, issues and coordination with adjacent business, resints,
schools, churches, Navy complex, MIS, trash and City departments including fire, police
and public works
PM
Process submittals to design engineer as required
CE/PM
Review and approve or reject submittals as required
PM
Keep a submittal log and insure timeliness of answers
PM
Review and process Requests for Information (RA)
CEO/CE/PM
Answer RFIs as required '
PM
Keep RFI log and insure timeliness of answers
PM
Prepare agenda and chair weekly construction progress meeting
CEO/CE/AS
Attend weekly progress meeting as required
PWI
Measure and estimate quantities for payment
PM
Verify quantities for payment and prepare billing statement and invoice coversheeet
CE/PM/PWI
Make recommendations and coordinate design changes
CEO/PM
Negotiate change orders
PM
Prepare and process change orders
AS
Keep all project files in conformance with local, state or federal requirements as needed.
AS
Keep in coordination with local assistance for latest project audit and regulatory
requirements and insure project master file is complete
CE
Lead all state or federal audits
PM/AS
Attend all state or federal audits
PWI
Measure and calculate final quantities
PM
Verify final quantities
CFO
Audit final project accounting, payments and quantities
PM/AS
Coordinate final walk-through with contractor, management staff, city engineer, city
department stakeholders and other required attendees
CEO/CE/PM/PWI
Attend final walk-through and make recommendation for acceptance, punchkst items •
and rejected items
PM
Draft final punchlist
PWI
Inspect the completion and correction of final punchlist items
PM
Ensure that all project -related permits are signed off
PM
Facilitate the turnover of the facility, improvements, manuals, training, warranties and
other required actions or documents for acceptance of the project
PM
Prepare and coordinate the execution of turn -over documents
PM
Prepare finai accounting and change order
PM Prepare and process final and retention billing statement, invoice coversheet and notice
of completion
AS Coordinate grand opening If required ,
PM/AS Prepare final master fie and other required documents and deliver to the City for
archiving
ENGINEFAING a CONMACT? T
This funtion falls within the project management discipline above as described
PlatiNgitlEVIS
PCE/CE
Review and re -review as necessary civil engineering drawings for conformance with
design standards, completeness, compliance with ADA and other regulations and best
practices
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Discipline and General Services Matrix
PCE/CE
Prepare edit notes and comments for resubmittal
PCE/CE
Stamp approved plans as RCE or CE as "reviewed by" on behalf of the city engineer
Cf N57RWThatiftif REV011S
CEO/CE
Review and re -review as necessary OP plans for constructability, identify issues and
make correction recommendations
CEO/CE
Visit and review project site
CEO/CE
Identify issues and make recommendations for correction '
CEO/CE
Meet with design engineer as necessary
PROIECT tCKhVGS PROORfic REPORTS
CEO/PM/CD
Develop project tracking system and reporting procedures for all CIP projects
PM/CD/AS
Coordinate with all city project managers and engineers to gather all the data necessary
for a complete tracking system data base necessary for accurate reporting
CD/AS
Input data, prepare discemination methods and execute tracking and reporting system
CD/AS
Keep tracking and reporting system information up to date
; , TIONS
it`COMMON TYOUT ACH
CEO/CD
Coordinate with the agency to determine the public message for each project and
assignment
CD
Propose media outlets and methods to be used
CO
Set up accounts, web addresses, links and other techincal processes necesssary for the
disceminiation of the information
CD/PM/PWI
Coordinate with project managers and inspectors for flow of information to be used
CD
Prepare data for web sites and other media outlets
CD
Create flow of information
CD
Update information on agreed upon frequency
CD
Process information requests outside of predetermined message
CD
Track use and effectiveness of each method and report to agency
LEGEND
CEO
Chief executive officer
CFO
Chief financial officer
CD
Communications director
PCE
Principal civil engineer
CE
Senior civil engineer or civil engineer depending on the complexity of the project
ACE
•
Assistant engineer
PM
Senior project manager or project manager depending on complexity of the project
P1M
Senior public works inspector or public works inspector depending on the complexity of
the project
AS
Administrative staff ,
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111
Rate Schedule
March 18, 2014
(rates effective until March 18, 2017)
Title Hourly Rate
Principal Project Manager $210
Senior Project Manager $180
Project Manager II $135
Project Manager I $110
Principal Civil Engineer $210
Senior Civil Engineer $180
Civil Engineer $135
Assistant Civil Engineer $110
CAD Operator $85
Communications Director $120
Senior Administrative Assistant $90
Administrative Assistant $75
Prevailing Wage Assignments:
Title Prevailing Wage 1 % x OT 2 x CT
Public Works Inspector $127 $168 $209
Mileage billed at current federal rate at time of billing.
Letter size copies at $0.10 each.
Tabloid copies at $0.20 each.
Binders at $25 each.
CD's at $5 each.
All other misceiianeous expenses as directed by the City at cost plus 10%.
No fees or mark-ups on subcontracted consultant work.
4499 Ruffin Road, Suite 250 Proed'ProfessionalsComcon telephone 858.634.8180
San Diego, California 92123 facsimile 858.634.8184
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IvJvi
THE LAW OFFICE OF
MICHAEL J. MCDONNELL
March 14, 2014
Schedule of Rates
Attorney: $175/hour
Paralegal: $100/hour
Administrative Assistant: $75/hour
Mileage:
Related Costs:
Federal Standard Rate
Actual Cost + 10% Handling
4499 Ruffin Road, Suite 225
San Diego, CA 92123
T: (858) 565-4421
F: (858) 565.4431
michael@lawofficemcdonnelLcom
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Mvi
THE LAW OFFICE OF
MICHAEL J. MCDONNELL
The Law Office of Michael J. McDonnell
4499 Ruffin Road, Suite 225
San Diego, CA 92123
T: (858) 565.4421
Fr(858) 565.4431
miehael@lawofficemedonnell.com
Prior to establishing The Law Office of Michael J. McDonnell, principal Michael J. McDonnell
served as an associate attorney with the law firm of Googins Wade LLP and achieved partner at
the firm of Wade & McDonnell LLP based on his consistent excellence in all aspects of legal
representation. With these firms, Mr. McDonnell focused his practice on litigating construction,
business, personal injury, and real property disputes on behalf of individuals, business entities, and
government entities in state and federal courts.
Our practice focuses on providing exceptional representation of owners, contractors,
subcontractors, snri material suppliers involved in public and private works disputes including
services for contract drafting and review, bid preparation, bid disputes, subcontractor listing
disputes, subcontractor substitutions, "or equal" substitutions, extra and disputed work claim
preservation and documentation, change order preparation and review, delay and disruption
claims, changed condition claims, additional compensation claims, late payment claims, breach of
contract claims, stop notice actions, alternative dispute resolution, and litigation.
Mr. McDonnell has more than five (5) years of experience providing consulting services to public
entity clients for Capital Improvement Program (C]P) projects from the design stage through
project completion and acceptance. Mr. McDonnell's project management experience includes
contract administration, coordination with stakeholders, advising clients on public works practices
and procedures, and aiding in the resolution of contract disputes.
Mr. McDonnell is admitted to practice before all California state courts and the United States
District Court for the Southern District of California. He received his J.D. from the University of
Florida, Levin College of Law, with academic distinction on the Dean's List, in 2008. Before
attending law school, Mr. McDonnell attended Arizona State University and received his B.A.,
magna cum laude, in 2004.
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'I