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CC SR 20160503 D - Harris & Associates On-Call AgmtRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 05/03/2016 AGENDA HEADING: Consent Calendar Consideration and possible action to award a professional services agreement to Harris & Associates for on-call professional services. RECOMMENDED COUNCIL ACTION: (1) Consider awarding a contract for on-call professional services to Harris & Associates; (2) Authorize the expenditure of up to $60,000 for the remainder of FY15-16 with a not -to -exceed amount of $25,000 for any single project; and, (3) Authorize the Mayor and City Clerk to execute the agreement, subject to approval as to form by the City Attorney. FISCAL IMPACT: None Amount Budgeted: $60,000 Additional Appropriation: N/A Account Number(s): Various ORIGINATED BY: Ron Dragoo, Principal Engineer REVIEWED BY: Michael Throne, Director Public Works APPROVED BY: Doug Willmore, City Manager A00- A_V� TTACHED SUPPORTING DOCUMENTS: A. Professional Services Contract with Harris & Associates (page A-1) B. Statement of Qualifications & Schedule of Fees (page B-1) BACKGROUND AND DISCUSSION: The Public Works Department relies on contracted professional services for engineering design, inspection, and assistance with project and contract management. Currently, there are 17 firms who have executed contracts with and are authorized to perform on- call services for the City. With the addition of Harris & Associates, Staff will have additional capabilities to complete City projects. This on-call contract will remain effective through the end of the current fiscal year. As a control measure and in the interest of equity, the cumulative contract amount for on-call contractors is limited to $60,000 for the fiscal year, and each single project awarded to a firm will be less than $25,000. The one exception is that on-call services that are reimbursed from a trust deposit (funded by a project applicant) will not count toward the maximum annual project amounts. Funds needed for any of the on-call 1 services provided through this contract are budgeted in various programs in the adopted FY15-16 budget. If the Council approves awarding a contract for on-call professional services to Harris & Associates, Staff will request a proposal from Harris & Associates with an estimate for the time and costs for projects. Staff manages the work awarded through the on-call service contracts, ensuring funds awarded remain within budgeted amounts. Staff has verified Harris & Associates' references and found their past performance to be satisfactory. The firm has previously performed professional services for the City, references have been checked, and they have the proficiency and experience to provide the requisite services. Harris & Associates has the capability to assist the City with municipal engineering design, traffic engineering, project management, construction management and providing inspection services. Furthermore, Harris & Associates possesses expertise in right-of-way street vacation that is necessary to process a street vacation request for a portion of Crest Road East, located west of Paseo de Pino. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: Reject the professional services contract with Harris & Associates, and direct Staff to pursue other methods to accomplish engineering and project management work. 2 CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and HARRIS & ASSOCIATES for ON-CALL PROFESSIONAL SERVICES 09999.0001/291284.3 - 1 - AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND HARRIS & ASSOCIATES THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 3rd day of May, 2016 by and between the City of Rancho Palos Verdes, a California municipal corporation ("City") and HARRIS & ASSOCIATES, ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties". RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 09999.0001/291284.3 - 2 A 2 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes 09999.0001/291284.3 _ 3 A - 3 of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Sixty Thousand Dollars ($60,000.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 09999.0001/291284.3 -4-A-4 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this 09999.0001/291284.3 - 5 A _ 5 reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit «D„ ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: (Name) (Title) (Name) (Title) (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. ee 09999.0001/291284.3 _ 6 - 6 Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Ron Dragoo, Principal Engineer or Michael Throne, Director of Public Works or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 09999.0001/291284.3 _ % A 7 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) Commercial General Liability Insurance (Occurrence Form CG0001 or e uivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. 09999.0001/291284.3 - 8 A During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit `B". 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following "cancellation" notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied 09999.0001/291284.3 - 9 A - 9 or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims -10- - 10 09999.0001/291284.3 A arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. -11- A-11 09999.0001/291284.3 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City 09999.0001/291284.3 _12- A-12 shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear -13- A- 13 09999.0001/291284.3 to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated 09999.0001/291284.3 -14- A- 14 termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, -1s- A- 15 09999.0001/291284.3 partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. -16- A - 16 09999.0001/291284.3 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initials 9.7 Corporate AuthoritX. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not 09999.0001/291284.3 -17- A- 17 violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 09999.0001/291284.3 -18- A- 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. ATTEST: Carla Morreale, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP David J. Aleshire, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Ken Dyda, Mayor CONSULTANT: HARRIS & ASSOCIATES By: Name: Title: By: Name: Title: Address: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -19- A- 19 09999.0001/291284.3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2015 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 09999.0001/291284.3 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE A-20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2015 before me, , personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 09999.0001/291284.3 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE A-21 I. II. EXHIBIT "A" SCOPE OF SERVICES Consultant will perform the following Services: A. Provide on-call professional services. These services could include: municipal engineering design, traffic engineering, project management, construction management and inspection services. Contractor must perform all on-call Services in compliance with the following requirements: A. Each task shall be indicated by a written request produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement. B. Contractor must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task ("Task Project"); explain how the cost was determined; and a schedule for completion of the task ("Task Completion Date"); which shall all collectively be referred to as the "Task Proposal". C. Contract Officer shall in writing approve, modify or reject the Task Proposal, and may issue a Notice to Proceed. D. The task shall be performed at a cost not to exceeding the Task Budget. E. Contractor shall complete the task and deliver all deliverables to Contract Officer by the Task Completion Date. F. On-call services that are reimbursed by a third party shall not count towards the maximum amounts Consultant shall be paid for such services. G. If the City requests any work that is beyond the scope of work listed in the Proposal, the City and Consultant shall negotiate the scope of work and fees for this extra work in accordance with Consultant Hourly Billing Rates, which is attached hereto as Exhibit "C" and incorporated herein by this reference. Upon mutual agreement of the scope of work and fees, the City shall issue a written Notice to Proceed therefor. The rates in Exhibit "C" shall remain in effect through at least June 30, 2016. 09999.0001/291284.3 A-22 III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Consultant will provide a written weekly summary of progress on any on-call services Consultant is authorized to proceed on. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Randall Berry: Project Director B. Tapas Dutta: Project Director C. Ninoy Sasuil: Senior Project Manager D. Randall Bliss: Project Manager E. Gary Solsonsa: Project Manager F. Elizabeth Reyes: Senior Project Engineer G. Chris Mielke: Senior Project Engineer H. Ashley Lee: Project Engineer I. Marc Gallardo: Project Engineer J. Gabreelle Gonzalez: Technical Support K. Alyssa Kumnoonsate: Technical Support L. Liane Lynch:—Administration 09999.0001/291284.3 A-23 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) None. 09999.0001/291284.3 A-24 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: RATE TIME SUB -BUDGET A. Engineer - Project $220/hr. TBD TBD Director B. Engineer — Senior $200/hr. TBD TBD Project Manager C. Engineer- Project $180/hr. TBD TBD Manager D. Engineer - Senior $160/hr. TBD TBD Project Engineer E. Project Engineer $120/hr. TBD TBD F. Technical Support $90/hr. TBD TBD G. Administration $70/hr. TBD TBD III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 09999.0001/291284.3 A-25 V. The total compensation for all the on-call Services shall not exceed a maximum a maximum of $60,000 as provided in Section 2.1 of this Agreement. VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1. 09999.0001/291284.3 A-26 Exhibit C-1 Fee Schedule Hourly Billing Rates Professional Engineering Design Hourly Billing Rate 0 Project Directors.........................................................................................................................................$220.00 0 Senior Project Managers............................................................................................................................... 200.00 0 Project Managers............................................................................................................................................ 180.00 0 Senior Project Engineers .............................................................................................................................. 160.00 0 Project Engineers............................................................................................................................................ 120.00 0 Technical Support............................................................................................................................................ 90.00 0 Administration.................................................................................................................................................. 70.00 09999.0001/291284.3 A-27 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney's office. II. Consultant shall deliver the following tangible work products to the City by the following dates. A. Work products will be specific to the scope of each project which shall be identified at the time the services are requested. B. Provide project files for each on-call project which include all original copies of work products, weekly summaries, and other files. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 09999.0001/291284.3 1 • • 0 I Harris & Associates STATEMENT OF QUALIFICATIONS for City of Rancho Palos Verdes April 19, 2016 FIRM PROFILE Harris & Associates (Harris) has served public agencies just like the City of Rancho Palos Verdes (City) since 1974. Since then, we have developed a robust program of services that offer our clients expertise and assistance in various realms of engineering services, program and construction management, public finance, and most recently, environmental services. Harris offers the City local knowledge, a proven history of solving complex challenges, and innovative practices that have positive impacts to our clients' bottom line. COMPREHENSIVE SERVICES FOR PUBLIC AGENCIES ENGINEERING PROGRAM & CONSTRUCTION MANAGEMENT ENVIRONMENTAL PUBLIC FINANCE _2 SERVICES PROVIDED TO PALOS VERDES PENINSULA Harris has a successful 16 year history, partnering with the City of Rancho Palos Verdes to enhance the livability and safety for your community. We've noted our success with both your San Ramon Canyon and McCarrell projects above. These projects allowed us to demonstrate a thorough understanding of your unique location and landscape, while prioritizing the maintained operation of primary City corridors. However, our support for these projects started well before they became studies. In 2002, we provided construction management and inspection services for the abandonment of an existing storm drain and the installation of new storm drain (HDPE and RCP) for the Tarapaca Landslide. Additionally, Harris' public finance team helped the City implement a Storm Drain User Fee to fund your water quality and flood protection program in 2004, which helped the City to fund an array of these drainage projects. As you can see, Harris has unmatched knowledge of the City's goals, processes and procedures, as well as the Palos Verdes Peninsula. A selection of other services we have provided for the City are included below. City of Rancho Palos Verdes • Storm Drain User Fee Update Annual Administration for and Annual Administration Various Sewer Fees • San Ramon Canyon Stormwater Study & PS&E • McCarrell Drainage System Design • Ocean Terrace Pedestrian Trail Realignment • SMP Storm Drain and Culvert Program • Point Vicente Interpretive Center Expansion • Rule 20A Undergrounding • Sewer System Improvements • Various Annual Admin Citywide Landscaping & Lighting Maintenance Districts • Refuse Collection Fee • Arterial Roads Rehabilitation • Annual Street Overlay and Slurry Seal • Companion Animal Center • Pavement Management • Annual Updating and Levying Services • City Hall Elevator B/C Review Am ENGINEERING SERVICES Growing communities need cost-effective infrastructure improvements that don't hinder the daily routines of citizens during construction. Harris experts employ the latest tools and techniques to reduce disruptions while optimizing results. Roadway designs, pipeline rehabilitation, facility site engineering, utility undergrounding, plan checking services—we apply our experience to solutions that meet stakeholder goals and fit within tight budgets and timelines. Additionally, Harris' infrastructure improvement specialists understand the complexities of utility conflicts, traffic control and confined right-of-way—and they apply the innovation needed to design seamless paths forward. Our in-house strengths include the following: Street Design • Pavement rehabilitation • Traffic signals (new installations • Widening existing roadways and modifications) • New roadways • Storm water pollution prevention plans (SWPPP), water quality • New medians management plan (WQMP), • Complete Streets, Greenroads, and standard urban stormwater and traffic calming mitigation plan (SUSMP) • Streetscape enhancements (decorative pavements, detailing and street furniture) • ADA compliance (new and retrofit improvements) • Roadway reprofiling / gridded intersection elevation design • Bike trails (on and off street) • New and modified storm drain design in conjunction with related street work • Traffic signing and striping • Traffic detours and phasing • Streetlighting systems (complete electrical design) • All related technical provisions and specifications • All related quantity take -offs, earthwork calculations and cost estimates • All related utility coordination (research, identifying impacts and relocations) • All related encroachment permits (Caltrans, railroad crossings, adjacent cities) • Environmental clearance paper work and processing y Storm Drain Design • New storm drain installations • Storm drain channel design and modifications to existing channels • Rehabilitation of existing systems (lining, parallel systems and replacements) • All related hydrology and hydraulic studies, calculations, maps and reports • Master plans of drainage • All related technical provisions and specifications • Water quality enhancement (bio-swales, modular wetlands, low flow diversion systems, catch basin filter inserts, CDS units, nuisance water clarifiers, etc.) • All related quantity take -offs, calculations and cost estimates • All related utility coordination (research, identifying impacts and relocations) • All related encroachment permits (Caltrans, Railroad crossings, adjacent cities) • Environmental clearance paper work and processing Grading, Parks, and Parking Lots • Removal of existing improvements and infrastructure • New and rehabilitation design (including ADA compliance issues) • All related grading/earthwork and drainage design • All related specifications, quantity/cost estimates, utility coordination and permits Harris' On -Call Experience Harris has or is providing on-call civil engineering or project/construction management services to other agencies in Southern California. Some of these public works agencies include: • City of Rancho Palos Verdes • City of Long Beach • City of Hermosa Beach • City of Irvine • City of Manhattan Beach • City of Santa Ana • City of Huntington Beach • City of Tustin • City of Brea • City of Irvine • City of Dana Point • City of Yorba Linda • City of Lake Forest • City of Fullerton • City of Garden Grove • City of Cypress • County of Los Angeles • City of Rancho Santa Margarita • City of Los Angeles • City of Palm Springs 0 NOTABLE PROJECTS City of Rancho Palos Verdes, Study for San Ramon Canyon Stormwater Flood Reduction The adjacent, active Tarapaca Landslide was feeding debris into the San Ramon Canyon, which large rain events transported to 25th Street below. More than 250 homes and a nearby sewer line were in harm's way, and access was threatened to both 25th Street and Palos Verdes Drive East (PVDE) Switchbacks. In 2009, Harris provided a project study report and preliminary design for six alternatives for improvements to the canyon. The designs carefully balanced the dual needs of a lasting drainage and slope stabilizing solution, including the Palos Verdes Drive East (PVDE) "switchbacks'; with the enhancement of the local creek environment that met outside agency approval requirements. Harris' project study report was an essential tool utilized by the City for public outreach events to educate, inform, and get input from the local community. City of Rancho Palos Verdes, PS&E for San Ramon Canyon Stormwater Flood Reduction Based upon the Harris team's successful preliminary designs completed in 2009, Harris was selected to complete the PS&E construction documents for this $17.7 million project; the largest single project undertaken by the City. The project became all the more urgent after the flooding that was experienced during the winter of 2010. Critical project elements included: LowerTunnel. 300' long, 80" hand -mined tunnel in solid bedrock at 38% grade atop a 150' high Pacific Ocean coastal bluff. Upper Tunnel. 2,000 foot long 80 -inch rib & lagging tunnel though a dormant landslide at 13% grade that was as much as 90 -feet deep below PVDE. W V, Custom Inlet & Outlet Structures. Requiring CIDH piles with grade beams and tieback anchors. Access Road & Gravity Buttress Fill. Restoring the natural canyon while maintaining access. The final solution re-routed floodwaters and stabilized eroding canyon walls, which were encroaching on the roadway about five feet every year. Additionally, a storm drain inlet structure and two tunnels diverted water under roads and through dormant landslide for more than three-quarters of a mile to a new outlet at the base of a 150 -foot -high coastal bluff. Ultimately, we were able to provide 100 -year flood protection to downstream neighbors. The project also improved access from Palos Verdes Drive South (PVDS) via a maintenance access road down a steep slope that was landscaped with drought tolerant plants. Innovation. This project received the 2014 "Innovative Project of the Year" award (and National APWA Winner 2015), which ® is a testament to the unique and creative trenchless technology solutions that Harris generated to solve this reoccurring threat to life, property, and emergency access to the entire Palos Verdes Peninsula. City of Rancho Palos Verdes, McCarrell Canyon Storm Drain Harris provided professional design services for the preparation of PS&E construction documents for this $6 million, APWA 2009, "Project of the Year". The 66 -inch diameter pipe was designed to convey a 100 -year storm and collect runoff from the steep natural McCarrell Canyon, which totals to 340 acres. The primary goal was to better protect Palos Verdes Drive, the affected residences downstream, and the existing 150 foot vertical coastal bluff. There was a repetitious cycle of dangerous, high -velocity flooding and regular maintenance to remove sediment deposits at the upstream debris catcher where McCarrell Canyon meets Palos Verdes Drive. Unique design elements included: Upsizing the pipe to account for additional "bulk and burn' flow volumes, which allowed the storm drain to convey small cobble and sand to replenish the beach below • Special velocity reducer rings to dissipate energy from the flows as they are conveyed to the bottom of a 150 foot high coastal bluff • Use of a tunnel operation to install the proposed storm drain pipe to the bottom of the 150 foot high coastal bluff City of Yorba Linda, Yorba Linda Town Center Infrastructure The Town Center area of Yorba Linda abounds with history. The site's future has been debated for more than two decades. But now, it's on the fast track toward a full-scale renovation that will bring the community together. That's the aim of the Yorba Linda Town Center project, which will add state- of-the-art green and sustainable technologies to this retail gathering place, while maintaining its Old Towne charm and boosting city pride. The 10.9 - acre site, with 125,000 square feet of leasable space, will include: • A high-end supermarket • A luxury movie theater • Retail shops • Sit-down and fast -casual restaurants • An open space "commons" • A three- to four-story parking structure Harris is assisting the City in the successful transformation of the Town Center area to develop an attractive, compelling, pedestrian -friendly place where people want to relax, socialize, shop, dine and learn. Harris recently completed the design of the 1st phase of this multi -phase project, which generally consisted of road widening, streetscape, drainage, traffic signal improvements and water quality enhancements on Imperial Highway, Yorba Linda Boulevard and Lakeview Avenue. Harris' remaining phases to be completed include "face lifts" on Main Street and Olinda Street, design of New "A" Street, northerly portions of School Street and Valencia Street, and northerly parkway frontage along Imperial Highway. Core Elements The project will feature a wide variety of street, streetscape, drainage, utility and grading design improvements. Harris will play a significant role in several stages, including: • Record of survey mapping • Right-of-way exhibits • Roadway widening design • Street Rehabilitation design • Hardscape, Landscape Planting and Irrigation design • Traffic design elements to optimize "multi-user" access and circulation throughout the Town Center area • Geotechnical Engineering • Subsurface Utility Engineering • Storm drain design, including hydrology and hydraulic studies • Water Quality Treatment Systems (bioswales) • Street Lighting design • Decorative and Holiday Lighting • ADA compliance City of West Hollywood, Sunset Strip Beautification A beloved American star once again shines bright in West Hollywood. Major upgrades made to and around the famed Sunset Boulevard are pleasing big crowds—by car and by foot—with a safer, more attractive experience. Each day, thousands of commuters pass down West Hollywood's famed Sunset Boulevard—a major arterial roadway also known as The Sunset Strip. But the iconic Strip, home to diverse shops, restaurants and nightspots, was showing its age. It was time for a makeover. Harris played a significant role in engineering the boulevard's most extensive improvements since the County of Los Angeles replaced the original dirt road with concrete in the 1930s. The focus was as much on improving the traffic flow and resurfacing the 1.6 - mile roadway as it was on enhancing the experience for pedestrians strolling and shopping along the Strip. Of course, preserving the eclectic aesthetic of the original West Hollywood landmark was essential. Harris assembled and led a well-rounded team of firms specializing in traffic engineering, pavement engineering, surveying and landscape architecture to bring the overall vision to life. Completed in 2010, the revamped Sunset Boulevard has attracted more locals and tourists to come experience the Strip's colorful history in a safer, more attractive setting. Business owners and City officials are seeing the rewards. And the City of West Hollywood recently earned the distinction of "Most Walkable City in California' s B-9 Core Elements The $5.4 million program improvements included: • Roadway rehabilitation, replacing Portland cement concrete with a quieter rubberized asphalt surface made from recycled tires • Traffic signal upgrades at 12 intersections • Replacement of broken and damaged sidewalks • Newly landscaped medians • Creation of flowering tree districts • Sidewalk widening at Sunset Plaza • Improved crosswalk visibility • Improved drivability and drainage • New curb ramps, bump outs and medians As a program leader, the Harris team prepared planning, specification and estimate documents; performed a profilograph investigation, traffic counts and traffic signal modifications; developed landscape architecture plans; and participated in community feedback meetings. Beyond the Blueprints The program required extensive coordination with multiple agencies and public and private stakeholders. Guided by the Harris team's expertise and experience, the work was completed with minimal change orders. Award e APWA Southern California Chapter B.E.S.T. Project of the Year Award ASCE California Regional, Outstanding Community Improvement Project Award ASCE Metropolitan Los Angeles, Outstanding Private Sector Civil Engineering Project CMAA Southern California, Project of the Year 9 10 City of Redondo Beach, Esplanade Streetscape Improvements Much more than an ordinary street, the Esplanade in Redondo Beach has provided a vital gateway to a popular beach—and a prestigious address for million -dollar coastal homes. Harris helped to elevate the Esplanade's stature further for residents and tourists alike. It's now easier and safer than ever to travel by foot, car or bicycle. It's visually more inviting, and it does a much better job of protecting pristine Pacific waters. Specifically, Harris provided project management and engineering. We led an expert team of traffic engineers and landscape architects in revitalizing a 5,000 -foot section of this coastal roadway. Our work included: • A full topographic survey • Geotechnical investigation • Traffic Engineering Study • Landscape and Hardscape Enhancements Environmental clearances • Preparation of photo simulations • Preparation of plans, specifications and estimates • Conducting Community outreach meetings and Public Works Commission meetings Harris also helped the city secure a Flood Encroachment Permit from the Los Angeles County Department of Public Works. This was essential, since the project's proposed storm drain would connect directly to the county's storm drain system. Core Elements The $2.3 million project included: Traffic safety enhancements via installation of "bulb -out" sidewalk landings for improved pedestrian accessibility, and visibility between pedestrians and vehicles and signing and striping modifications, including wider stripe -painted bike lanes with increased clearance from the open doors of parked cars • Widening the sidewalk along the coastal bluff to better accommodate the crowds of runners, pedestrians, moms with baby strollers, dog walkers, tourists posing for photos and those simply enjoying the ocean view • Adding enhanced ocean overlook platforms with artistic "seat walls" and street furniture • Creating enhanced drought -tolerant landscaping along the top of the coastal bluff io B-11 • Landscape and irrigation improvements within the County Triangle • Rehabilitating / resurfacing the AC pavement • Improving curb ramps to ADA compliance at all pedestrian crossings • Installing streetlight conduits and pull boxes for a future streetlight upgrade The new sidewalk isn't just broader, it's more appealing—with large decorative brick pavers that complement the design. Beyond the Blueprints Water protection was paramount in this project. Due to roadway re -profiling and the bulb -out planter construction, we made significant modifications and extensions to four different storm drain systems along the Esplanade, including the installation of wholly new drainage inlets. Harris helped Redondo Beach protect its namesake resource, with water quality enhancements such as catch basin filter inserts. This was crucial, since the runoff leads directly to the Pacific below the bluffs. Now the ocean—and the future—are better protected. Award eAPWA Southern California Chapter B.E.S.T. Project of the Year Award 12 iff HARRIS PERSONNEL A consultant firm is only as good as the people it employs, and Harris has some of the industry's best leaders. Harris has cultivated an environment that invests in our people to support learning and innovation. This results in the ability to solve your most complex infrastructure and built environment challenges. The following profiles reflect just the surface of Harris experts we have to offer the City. Design Randall Berry, PE Randall Berry has 30 years of professional engineering experience in public works design with an emphasis in street design, street widening and rehabilitation, soundwalls, storm drains, water, sewer, and grading. He also has extensive experience in conducting ADA conformance evaluations within the public right of way. He is recognized within the industry for delivering innovative designs and implementing cost saving measures for a variety of award-winning public projects throughout Southern California. Randall Bliss, PE Randall Bliss has 27 years of experience specializing in public infrastructure projects, including roadway rehabilitation and pavement management programs. Previous experience as a construction inspector and field engineer lends practical application insight to his designs and improved constructability. As leader of Harris' pavement management projects in Southern California, he works closely with cities to provide comprehensive condition assessments in order to develop strategies for repair that have minimal impact to the client's budget. Tapas Dutta, PE, QSD, ENV SP Tapas Dutta has 25 years of experience in civil engineering, with a focus on the planning, design and management of major roadway and highway projects. In the last 15 years, he has been involved in business development and proposal preparation for a variety of clients including cities and agencies such as OCTA and Metro. His project experiences ranges from traffic impact studies, transit planning, preliminary engineering and final design on local streets, highways, interchanges, utilities and permitting, grade separations and on transit and rail corridors. He has significant experience in project management and oversight of projects of various sizes. He has won a number of work related awards in his career. A Storm Drain Success Story: Two Tunnels and a Landslide by Randall Berry, PE http://www.weareha rris.com/ideas/wh itepapers/a- storm-d ra i n-success-sto ry-two-tun nets -and -a - landslide 13 12 Gary Solsona, PE, QSD Gary Solsona offers more than 13 years of professional engineering experience in public works design, including award-winning roadway improvements, ADA design, sound and retaining wall, storm drain, and sewer projects. He is recognized within the industry for his expert knowledge of complex ADA regulations as it pertains to design. Keeping Pace with Elizabeth Reyes, PE, QSD, STP Changing ADA Regulations Elizabeth Reyes offers her clients more than 16 years of by Gary Solsona, PE, QSD experience as a project manager and engineer, specializing in public infrastructure projects. She has http✓/www.wea reh arris.com/ideas/wh itepa Pers/ ada-regulations-compliance-right-of-way been instrumental on award-winning projects like the City of West Hollywood's Sunset Strip Beautification project and the City of Rancho Palos Verdes' San Ramon Canyon Storm Drain project. Other expertise includes sewer, street, airport, and flood control projects. Nearly all of Elizabeth's work has been for public agencies so she is familiar with the Greenbook and other public works standards. Chris Mielke, PE, QSD I Chris Mielke is an experienced transportation, utility, and water resources civil engineer who has prepared construction plans, specifications and estimates with over 35 public agencies. He has 11 years of experience serving both the private and public sectors with extensive design experience in hydrologic and hydraulic analyses and modeling, stormwater management, and floodplain delineation and mapping related to both new development and municipal utility and transportation projects. Hear from Harris staff about their experiences working in the Engineering service at Harris & Associates. https://www.youtube.com/watch?v=Fapb4AyO-ks 13 B-14 HOURLY RATES Hourly Rates (effective April 2016 - July 2017) Engineering Design Hourly Rate Project Directors $220-250 Senior Project Managers $200-220 Project Managers $180-200 Senior Project Engineers $160- 180 Project Engineers $120- 150 Technical Support (EIT) $90- 110 Administration $70 Note: Hourly rates include most direct costs such as travel, equipment, computers, communications, and reproduction (except large quantities of reproduction such as construction documents for bidding purposes). -15 14 Harris & Associates. 22 Executive Park, Suite 200 Irvine, CA 92614 (800)827-4901 www.weareharris.com B-16 ,