CC SR 20181204 F - Civic Center Phase 1 & 2 Environmental AssessmentRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/04/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve the professional service agreement for a
Civic Center Phase 1 and 2 Environmental Site Assessment.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to execute the attached professional services agreement
with AEI Consultants for a Civic Center Phase 1 and 2 Environmental Site
Assessment for a total of $41,369.50.
FISCAL IMPACT: Sufficient funds for a Civic Center Phase 1 and 2 Environmental
Site Assessment are currently budgeted.
Amount Budgeted: $227,300
Additional Appropriation: $0
Account Number(s): 330-400-8503-8402
ORIGINATED BY: Matt Waters, Senior Administrative Analyst
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. City Contract Services Agreement with AEI Consultants (page A-1)
B. AEI Consultants Proposal (page B-1)
BACKGROUND AND DISCUSSION:
At its May 24, 2018, meeting, the Civic Center Advisory Committee (Committee)
directed Staff to request authorization from the City Council to proceed with the
preparation of a Request for Proposals (RFP) for a Civic Center Phase 2 Environmental
Site Assessment. The City Council, at its June 5, 2018, meeting authorized Staff to
proceed with the preparation of the requested RFP.
Staff prepared a draft RFP for the Committee’s review and approval, which was
discussed at the Committee’s June 28, 2018, meeting. The Committee directed Staff
to include a recertification and consolidation of a previous 2010 Phase 1
Environmental Site Assessment. The Committee approved the RFP at its July 26,
2018, meeting. The RFP was subsequently reviewed and approved by the City
Attorney and the City Council RFP ad hoc Subcommittee.
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A recertified Phase 1 and Phase 2 assessment of the entire flat (non-Preserve) portion
of the Civic Center will provide useful information in determining what components are
appropriate (or inappropriate) for various locations throughout the Civic Center site.
This is especially true given the fact that the land-use restrictions for the deed-restricted
portions sections of the property are still being resolved. This assessment, usually
performed after a design is finalized, would allow the Committee and Staff greater
insight and flexibility in determining potential placement of both passive and active uses.
For example, certain areas might be appropriate for buildings while others may be only
appropriate for green space or trails, without a high level of remediation. This
information would also prove helpful during planned outreach meetings with the
community, interested parties and surrounding homeowners’ associations.
The last Phase 1 Environmental Site Assessment of the Civic Center was completed in
2010. Phase 1 assessments primarily consist of reviews of historical documents.
Although Staff is not aware of any significant changes that have occurred since that
time, except for the removal of asbestos and lead stabilization in the missile silos in
2015, the revised draft RFP includes a recertification and consolidation of the previous
Phase 1 assessment.
The RFP was released on October 1, 2018, and a pre-submittal conference was held on
October 9, 2018. Four companies submitted proposals by the October 16, 2018,
deadline. Proposals were received from AEI Consultants (AEI), Ninyo & Moore
Consultants, Ellis Environmental Management, Inc., and ACC Environmental
Consultants.
Public Works and Recreation & Parks Staff reviewed the four proposals and selected
AEI’s proposal (Attachment B) to perform the required services for a total of $41,369.50.
A City-Attorney approved agreement with AEI is attached to this report (Attachment A).
All Phase 1 and 2 reports will be provided to the City within forty (40) calendar days
from the date of award.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not approve the agreement with AEI.
2. Take other action as deemed appropriate by the City Council.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
AEI CONSULTANTS
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
AEI CONSULTANTS
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into this 4 day of December, 2018 by and between the City of Rancho Palos Verdes, a
California municipal corporation (“City”) and AEI Consultants, a California Corporation
(“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes’ Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and
incorporated herein by this reference, which may be referred to herein as the “services” or
“work” hereunder. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated
herein. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. Consultant covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be both of good quality as well as fit for the purpose intended. For
purposes of this Agreement, the phrase “highest professional standards” shall mean those
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standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job
site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar
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day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor
constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
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Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other 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.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed Forty One Thousand Three Hundred Sixty Nine Dollars
and Fifty Cents ($41,369.50) (the “Contract Sum”), unless additional compensation is approved
pursuant to Section 1.9.
2.2 Method of Compensation.
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The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City’s Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall 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
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3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one years
from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). The City may, in its sole discretion, extend the Term for one additional one-year terms.
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:
Adam J. Bennett Vice President
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City of Rancho Palos Verdes Director of Finance 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
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independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO “insured contract” language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
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with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
01203.0006/520395.2 11
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against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
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(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
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.
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
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cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Consultant will be at the City’s sole risk
and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to
such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all damages
resulting therefrom. Moreover, Consultant with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials
are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
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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
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the City
may take necessary steps to terminate this Agreement under this Article. Any failure on the part
of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of
the City’s legal rights or any rights arising out of any provision of this Agreement.
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7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
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this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the
sum of Zero Dollars ($0.00) as liquidated damages for each working day of delay in the
performance of any service required hereunder. The City may withhold from any monies payable
on account of services performed by the Contractor any accrued liquidated damages.
7.8 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
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.
7.9 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.
7.10 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.
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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,
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. § 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.
01203.0006/520395.2 18
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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., Rancho Palos Verdes, 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.
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.
01203.0006/520395.2 19
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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 Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/520395.2 20
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
City Attorney
CONSULTANT:
AEI CONSULTANTS
By:
Name:
Title:
By:
Name:
Title:
Address: 2207 W. 190th Street
Torrance, CA 90504
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.
01203.0006/520395.2 21
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2018 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01203.0006/520395.2 A-23
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2018 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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01203.0006/520395.2 A-24
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services for Phase I and II Environmental Site
Assessment, Proposal Number 60629, 30940 Hawthorne Blvd, Rancho Palos Verdes
(Civic Center site), CA 90275 (the Services):
A. Phase 1 ESA. The Phase I ESA will be performed in conformance with the scope
and limitations of ASTM Standard Practice E1527-13 and the Environmental
Protection Agency Standards and Practices for All Appropriate Inquiries (40 CFR
Part 312). The Phase I ESA will be conducted under the charge of an
Environmental Professional and will include the following:
1. Site visit and walk-through of the property and structures, readily
accessible interior common areas, and a representative sample of occupant
spaces. Items such as current and past uses of the property and adjoining
properties; property boundaries; observable topographic geologic, hydro-
geologic conditions; structures or other improvements; roads; source and
location of potable water; wells; surface water; potential hazardous
substances and/or petroleum products; storage tanks; abnormal odors;
pools of liquid; drums and containers; suspected fill materials; stain soil or
pavement; stressed vegetation; solid waste; waste water discharges; floor
drains, sumps or clarifiers; septic systems shall be noted as reasonably and
visibly observed.
2. Search of local, state, tribal, and federal databases, including Department
of Defense records in accordance with current ASTM and AAI standard
search distances.
3. Contact local and state agencies, such as environmental health
departments, fire prevention bureaus, and building and planning
departments to identify any current or previous reports of hazardous
materials use, storage, and/or unauthorized releases that may have
impacted the subject property. In addition, information pertaining to
Activity and Use Limitations (AULs), defined as legal or physical
restrictions, or limitations on the use of, or access to, a site or facility, is
requested.
4. Site history and land use review, including reasonably ascertainable
agency records, aerial photographs, historical city directories, fire
insurance maps, and other applicable sources.
5. Interviews with knowledgeable persons (i.e., past and present owners,
property managers, tenants, neighbors), as available and open to interview,
01203.0006/520395.2 A-1
A-25
regarding the history, operations, waste management, and other
environmental considerations for the property.
6. Additional observations, though generally outside the scope of a Phase I
ESA, but provided as a service to our clients unless otherwise instructed,
include EPA-determined radon zone, visual inspection of asbestos-
containing building materials, lead-based paint, and mold.
7. Consultant’s limited radon screening shall provide a preliminary screening
to evaluate the potential presence of elevated radon concentrations at the
site. The proposed scope is not intended to define the full extent of the
presence of radon at the subject property. As such, the results should be
used for lending purposes only. The recommendations and conclusions
presented as a result of the limited preliminary radon screening apply
strictly to the property conditions existing at the time the sampling was
performed. The sample analytical results are only valid for the time, place,
and condition of the site at the time of collection and AEI does not warrant
that the results will be repeatable or are representative of past or future
conditions.
8. Report includes findings, opinions and conclusions, photographs, site map,
historical sources, and qualifications in a manner consistent with standard
practices.
9. Based on the findings of the ESA, Consultant will prepare a finalized
Phase II Environmental Site Assessment proposal including the scope, and
updated time line, facility map with approximate borehole locations, and
sample analysis.
B. Phase II Subsurface Investigation ASTM E1903-97: The expected Phase II
investigation will be performed in accordance with the scope and limitations of
the ASTM Standard Practice E1903-97. The purpose of this investigation is to
evaluate whether the site has been significantly impacted by the historic
operations conducted on site as identified during the Phase I ESA. The Phase II
scope of work shall include but may not be limited to the following:
1. Only shallow borings (<10 feet bgs) are expected for this investigation.
Drilling permits are not required for this work.
2. Prepare a Site specific health and safety plan (HASP) for the project.
3. Notify client and property contact person of the nature and schedule of the
work.
4. Mark and notify the local underground service alert to identify public
utilities in the planned work area(s).
01203.0006/520395.2 A-2
A-26
5. Arrange for a private utility locating service to check planned drilling
locations for possible utilities or perform hand auger clearing to a depth of
at least 7 feet to check the planned drilling location(s) for possible utilities.
6. Consultant will contract a licensed driller to advance between 20 and 30
soil borings at the Site with a track- or truck-mounted direct-push drilling
rig depending upon access limitations. The City’s Contract Officer must
provide written approval of the choice of licensed driller prior to the work
being done. The locations of the proposed borings are shown on the
attached figure. Additional or less boring and their locations will be
finalized pending the findings of the Phase I ESA. It is anticipated that one
(1) soil samples from each boring will be selected for analysis.
a. The borings will be advanced to the planned depth of 5-10 feet bgs,
or to the depth of first encountered groundwater, and/or refusal,
whichever is shallower, for the collection of soil samples.
b. Each soil boring will be logged by Consultant staff; soil core will
be logged and described in general accordance with the Unified
Soil Classification System (USCS); soils will be screened with a
portable organic vapor meter (OVM) or photo-ionization detector
(PID) and for sensory perception. Soil samples will be collected at
select intervals for potential laboratory analysis.
7. Samples collected for potential laboratory analysis will be sealed, labeled,
and entered onto chain-of-custody documentation for transportation for
analysis to a state-certified laboratory.
8. The following types and number of soil analyses are included:
a. TPH multi-range using US EPA Testing Method 8015M: 45
samples
b. Volatile Organic Compounds using US EPA Testing Method
8260B: 45 samples
c. Organochlorine Pesticides using USEPA Method 8081A: 45
samples
d. CAM 17 Metals using USEPA Method: 30 samples
9. Backfill borings shall be conducted per Los Angeles County guidelines.
10. Prepare a final technical report detailing methods and results of the
investigation, including figures, tables, soil boring logs, and analytical
documentation.
01203.0006/520395.2 A-3
A-27
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
1. Phase I Environmental Site Assessment. The Phase I ESA report shall
include findings, opinions and conclusions, photographs, site map,
historical sources, and qualifications in a manner consistent with standard
practices.
2. Phase II Subsurface Investigation technical report, which shall detail
methods and results of the investigation, including figures, tables, soil
boring logs, and analytical documentation.
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:
NOT APPLICABLE
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. Phase I
1. Victor Detroy, REPA, National Client Manager: senior author
2. Danny Huerta , Senior Project Manager: project management – field team
leader, report preparation
3. Eric Young, Senior Project Manager: field inspection, report preparation
4. Rocio Pelayo, Project Manager: field inspection, report preparation
5. Derrick Haynes, Project Manager: field inspection, report preparation
6. Jordan Vida, Project Manager: field inspection, report preparation
7. Laura Mohlenkamp, Project Manager: field inspection, report preparation
B. Phase II
1. Kent Vollmer, PG, Site Mitigation Dept. Manager: senior author
2. Valerie Marshall, Vice President: senior author – technical advisor
01203.0006/520395.2 A-4
A-28
3. Andrew Levitt, PG, Senior Geologist: senior author, field assessment,
report preparation
4. Alicia Siegel, Project Geologist: field assessment, report preparation
5. Dashiell Geyer, Project Geologist: field assessment, report preparation
01203.0006/520395.2 A-5
A-29
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. Section 7.7, Liquidated Damages, is deleted in its entirety.
01203.0006/520395.2 B-1
A-30
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
01203.0006/520395.2 D-1
A-31
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.
NOT APPLICABLE
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task sub-budget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
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.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
NOT APPLICABLE
01203.0006/520395.2 D-2
A-32
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. Phase I ESA report will be delivered within 20 working days or sooner.
B. Phase II investigation report will be submitted within 40 business days or sooner.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/520395.2 D-3
A-33
National Coverage. Regional Focus. Local Solutions. Client Initials: _____ Date:_____
www.aeiconsultants.com
October 16, 2018
Mr. Matt Waters
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Re: Proposal for Phase I and II Environmental Site Assessment
Proposal Number 60629
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Dear Mr. Waters:
In response to your request for technical reports for the above referenced site, AEI Consultants (AEI) is
pleased to present this proposal with our attached Terms and Conditions to complete a Phase I and II
Environmental Site Assessment. AEI will follow the scopes of work as stated in the American Society for
Testing and Materials (ASTM 1527-13 and ASTM E1903-97) for the Phase I and II ESA to complete these
technical requirements. We fully understand and will comply with the scope and terms of conditions of
the RFP and we are very eager to assist the City of Rancho Palos Verdes with your Phase I and II ESA
due diligence requirements.
AEI Consultants is a registered corporation in the state of California. AEI’s principal place of business
(corporate headquarters) is located at 2500 Camino Diablo, Walnut Creek, CA 94597. Completion of
this project will be performed from AEI’s Torrance, California office. Adam J. Bennett will be the
Project Executive and Point of Contact (POC) for all work as it pertains to this project.
Thank you for the opportunity to be of service and we look forward to working with you.
Sincerely,
Adam J. Bennett
Vice President
AEI Consultants
2207 W. 190th Street
Torrance, CA 90504
(310)798-4255
abennett@aeiconsultants.com
B-1
Proposal No. 60629
October 16, 2018
Page 2
AVAILABILITY OF PROJECT TEAM
In order to successfully complete this project, AEI will call upon its senior level project managers who
have substantial experience in completing Phase I and II ESAs. This potential project team has over 100
years of combined experience in the fields of Phase I and II ESA experience. The table presented
below represents the potential staff for the various tasks of this assignment and responsibilities of the
individuals working on the project. All those field team members AEI is proposing to use on this project
have extensive Phase I and/or Phase II experience.
Phase I ESA Team
AEI Team Member Title & Position Responsibilities
Victor DeTroy, REPA National Client Manager Senior Author
Danny Huerta Senior Project Manager Project Management – Field Team
Leader, Report Preparation,
Eric Young Senior Project Manager Field Inspection, Report Preparation
Rocio Pelayo Project Manager Field Inspection, Report Preparation
Derrick Haynes Project Manager Field Inspection, Report Preparation
Jordan Vida Project Manager Field Inspection, Report Preparation
Laura Mohlenkamp Project Manager Field Inspection, Report Preparation
Phase II ESA Team
Kent Vollmer, PG Site Mitigation Dept Manager Senior Author
Valerie Marshall Vice President Senior Author –Technical Advisor
Andrew Leavitt, PG Senior Geologist Senior Author, Field Assessment,
Report Preparation
Alicia Siegel Project Geologist Field Assessment, Report
Preparation
Dashiell Geyer Project Geologist Field Assessment, Report
Preparation
Copies of employees listed above are included in Appendix A attached hereto.
AEI’s Torrance office currently performs an average of $500,000 of billable work each month. Based on
the fee schedule enclosed here, this proposed project would represent less than 1% of company revenues
each month and thus not have a significant impact on the current workload. Although some longer, larger
scale project contracts contribute, this workload is primarily composed of a high volume of smaller, shorter
term projects than the one proposed here. The flexibility enjoyed by AEI in carrying mostly short-term
projects, along with AEI’s proven ability to effectively scale a workforce to accommodate the current period
of aggressive growth, is strong evidence that our project team members will have no problems remaining
on this project through completion of the final assessment; however, should any required changes in
staffing occur, the city will be provided ample notification. In addition, the managerial and administrative
support that this project will receive will ensure that all members of the project team, whether City staff or
AEI staff, are on the same page at all times.
B-2
Proposal No. 60629
October 16, 2018
Page 3
WORK PLAN
Phase I Environmental Site Assessment (ESA) ASTM E1527-13: The Phase I ESA will be performed
in conformance with the scope and limitations of ASTM Standard Practice E1527-13 and the Environmental
Protection Agency Standards and Practices for All Appropriate Inquiries (40 CFR Part 312). The Phase I
ESA will be conducted under the charge of an Environmental Professional and will include the following:
Site visit and walk-through of the property and structures, readily accessible interior common areas,
and a representative sample of occupant spaces. Items such as current and past uses of the
property and adjoining properties; property boundaries; observable topographic geologic,
hydrogeologic conditions; structures or other improvements; roads; source and location of potable
water; wells; surface water; potential hazardous substances and/or petroleum products; storage
tanks; abnormal odors; pools of liquid; drums and containers; suspected fill materials; stain soil or
pavement; stressed vegetation; solid waste; waste water discharges; floor drains, sumps or
clarifiers; septic systems shall be noted as reasonably and visibly observed.
Search of local, state, tribal and federal databases, including Department of Defense records in
accordance with current ASTM and AAI standard search distances.
Contact local and state agencies, such as environmental health departments, fire prevention
bureaus, and building and planning departments to identify any current or previous reports of
hazardous materials use, storage, and/or unauthorized releases that may have impacted the
subject property. In addition, information pertaining to Activity and Use Limitations (AULs), defined
as legal or physical restrictions, or limitations on the use of, or access to, a site or facility, is
requested.
Site history and land use review, including reasonably ascertainable agency records, aerial
photographs, historical city directories, fire insurance maps, and other applicable sources.
Interviews with knowledgeable persons (i.e. past and present owners, property managers, tenants,
neighbors), as available and open to interview, regarding the history, operations, waste
management, and other environmental considerations for the property.
Additional observations, though generally outside the scope of a PH I ESA, but provided as a service
to our clients unless otherwise instructed, include EPA-determined radon zone, visual inspection of
asbestos-containing building materials, lead-based paint, and mold.
AEI's limited radon screening, if included, is intended to provide a preliminary screening to evaluate
the potential presence of elevated radon concentrations at the site. The proposed scope is not
intended to define the full extent of the presence of radon at the subject property. As such, the
results should be used for lending purposes only. The recommendations and conclusions presented
as a result of the limited preliminary radon screening apply strictly to the property conditions
existing at the time the sampling was performed. The sample analytical results are only valid for
the time, place, and condition of the site at the time of collection and AEI does not warrant that
the results will be repeatable or are representative of past or future conditions.
Report includes findings, opinions and conclusions, photographs, site map, historical sources, and
qualifications in a manner consistent with standard practices.
Based on the findings of the ESA, AEI will prepare a finalized Phase II Environmental Site Assessment
proposal including the scope, and updated time line, facility map with approximate borehole locations,
and sample analysis.
Currently based on previous documents provided AEI estimates the Phase II investigation may include
the following scope.
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Proposal No. 60629
October 16, 2018
Page 4
Phase II Subsurface Investigation ASTM E1903-97: The expected Phase II investigation will be
performed in accordance with the scope and limitations of the ASTM Standard Practice E1903-97. The
purpose of this investigation is to evaluate whether the Site has been significantly impacted by the
historic operations conducted on site as identified during the Phase I ESA. AEI expects the Phase II
scope of work to include but not be limited to the following:
AEI proposes the following tasks to perform the investigation:
Only shallow borings (<10 feet bgs) are expected for this investigation. Drilling permits are not required
for this work.
Prepare a Site specific health and safety plan (HASP) for the project.
Notify client and property contact person of the nature and schedule of the work.
Mark and notify the local underground service alert to identify public utilities in the planned work area(s).
Arrange for a private utility locating service to check planned drilling locations for possible utilities or
perform hand auger clearing to a depth of at least 7 feet to check the planned drilling location(s) for
possible utilities.
AEI will contract a licensed driller to advance between 20 and 30 soil borings at the Site with a track- or
truck-mounted direct-push drilling rig depending upon access limitations. The locations of the proposed
borings are shown on the attached figure. Additional or less boring and their locations will be finalized
pending the findings of the Phase I ESA. It is anticipated that one (1) soil samples from each boring will
be selected for analysis.
The borings will be advanced to the planned depth of 5-10 feet bgs, or to the depth of first encountered
groundwater, and/or refusal, whichever is shallower, for the collection of soil samples.
Each soil boring will be logged by AEI staff; soil core will be logged and described in general accordance
with the Unified Soil Classification System (USCS); soils will be screened with a portable organic vapor
meter (OVM) or photo-ionization detector (PID) and for sensory perception. Soil samples will be collected
at select intervals for potential laboratory analysis.
Samples collected for potential laboratory analysis will be sealed, labeled, and entered onto chain-of-
custody documentation for transportation for analysis to a state-certified laboratory.
The following types and number of soil analyses are included:
o TPH multi-range using US EPA Testing Method 8015M .............................................. 45 samples
o Volatile Organic Compounds using US EPA Testing Method 8260B ............................. 45 samples
o Organochlorine Pesticides using USEPA Method 8081A ............................................. 45 samples
o CAM 17 Metals using USEPA Method ....................................................................... 30 samples
Backfill borings per applicable regulations.
Prepare a final technical report detailing methods and results of the investigation, including figures, tables,
soil boring logs, and analytical documentation.
Assumptions:
Proposed fees are based on the following assumptions:
Three (3) days in the field for sampling activities and the work will occur during normal business hours
(7:00 am – 5:30 pm) Monday through Friday.
The client should be aware of the inherent limitations of geophysical surveying methods and that above
and underground utilities and other man-made or natural features (i.e. automobiles, debris piles, tree
roots, reinforced concrete, certain soil conditions, etc.), if in the area of the survey, may decrease the
B-4
Proposal No. 60629
October 16, 2018
Page 5
effectiveness of the survey. The client should be aware that the lack of a detection of a feature from a
geophysical survey does not mean that the feature does not exist only that it was not detected.
This contract includes up to one hour of consultation after the final report has been submitted to the client.
Additional time requested by the client for consultation services will be billed under this same contract at
a rate of $200 per hour.
All work will commence on private property. If the client is not the owner of the property, the client will
obtain written authorization from the property owner to perform this project. Client is responsible for
providing access to the Site and notification/coordination with on-site tenant(s). Access delays on the day
of field work may result in additional costs.
AEI will have clear access to the sampling locations with necessary equipment. AEI is not responsible for
clearing drilling areas for access.
AEI is not responsible for damage to flooring, floor tiles, carpet or other surface materials.
Drilling or coring through the floors of the building basements may be needed in order to collect the
samples proposed. AEI is not responsible for damage to or a decrease in integrity of the basement floors.
The presence of drilling equipment on landscaped areas may be needed in order to collect the samples
proposed. AEI is not responsible for damage to landscaping (plants, grass, or trees) or damage to irrigation
lines. AEI is not responsible for repairs due to ruts in the surface.
Groundwater is expected at greater than twenty (20) feet below ground surface (bgs) according to a 2010
Phase I ESA by PSI and groundwater is expected to flow to the southwest. Groundwater is/is not
anticipated to be encountered within the scope of this investigation.
Refusal is not encountered prior to the target depth. Subsurface conditions can vary unexpectedly and
AEI provides no guarantee that a depth proposed will be reached.
No or low-flow conditions are not encountered during soil gas sampling; if so, soil samples maybe analyzed
in lieu of soil gas samples.
Groundwater is present at expected depths, and recharge rates will allow for sample collection.
No concrete coring is required (typically not necessary for surfacing less than 6 inches thick).
Level D personal protective equipment (PPE) is the maximum necessary.
AEI will restore the boring location surfaces with fast-setting concrete or asphalt patch.
AEI is not responsible for damages to underground or aboveground utilities, for unmarked or mismarked
utilities or other features, or for damage that occurs to such utilities or features. The client is responsible
for providing information to AEI regarding the location of intra-site utilities.
AEI is not responsible for delays or scope limitations caused by property access issues; equipment, or
analytical unavailability or delays; regulatory or permitting agencies; difficult subsurface conditions;
weather; or other acts or conditions outside of AEI’s control.
Investigation derived waste, if generated, will remain onsite. AEI will utilize techniques that limit the
wastes generated to a minimum. Disposal costs are not included. Upon receipt of analytical data, and
client request, AEI can provide waste profiling assistance and disposal estimates.
This contract includes drilling a total of 150 feet. If additional drilling is requested over this amount in
order to collect additional sample(s), a fee of $ 300.00 will be charged for each additional 10 feet of drilling,
or portion thereof, within the allotted time.
The samples will be analyzed with a standard 5 to 7 business day turnaround time (TAT), unless otherwise
selected by the client above.
Upon receipt of laboratory data, additional samples may be analyzed, if collected and placed on hold, at
the request of the client for additional fees.
B-5
Proposal No. 60629
October 16, 2018
Page 6
This project has been designed to investigate whether a release of the specified materials has occurred in
the areas to be tested; it has not been designed to determine the extent of such a release, if one exists,
or to investigate other areas or other contaminants than those specified. If impacts are identified, the
investigation scope included herein may not be sufficient to evaluate the extent and magnitude of
environmental impacts. Additional sampling and/or laboratory analysis beyond the proposed scope may
be required to characterize the extent and magnitude of environmental impacts.
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Proposal No. 60629
October 16, 2018
Page 7
SCHEDULE:
The Phase I ESA project will be completed within 15-20 working days of receiving the signed Authorization
to Proceed. Due to the number of days allotted to complete this investigation, responses from some
regulatory agencies may not be received prior to the report due date. As such, the report may contain
limitations pertaining to the lack of agency responses to the Freedom of Information Act requests and/or
records review.
Following the conclusion of the Phase I ESA and upon approval by the city for additional investigations AEI
will implement the Phase II investigation. It is expected the Phase II investigation will be completed within
3-4 weeks from completion of the Phase I ESA. Below is an estimated timeline:
Timeline Business days Action Item(s)
Day 1 Project Authorization
Day 2-5 Submit FOIAs, Order regulatory database, historical aerial
photographs, city directories, Sanborn maps, etc.
Days 5-10 Conduct site visit for Phase I ESA, perform file reviews, compile
agency and historical information into Phase I ESA report
Days 11-15 Senior author to review findings of Phase I ESA and to perform
QA/QC review.
Days 16-20 Phase I ESA senior author to work with Phase II team in modifying
scope of work based off findings from Phase I ESA.
Phase II team to finalize scope of work
Days 20-22 Schedule field work to be performed
Days 22-25 Conduct Phase II field sampling
Days 26-30 Laboratory to perform analysis on soil samples
Days 30-35 Prepare Phase II report draft 1
Days 35-40 Finalize Phase II report for delivery
All draft reports will be submitted within 40 business days or sooner.
All final reports will be delivered within 5 business days after receiving City of Rancho Palos
Verdes comments.
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Proposal No. 60629
October 16, 2018
Page 8
QUALITY ASSURANCE / QUALITY CONTROL
All projects are under the general supervision of a Senior Author or Vice President, who is ultimately
responsible for all phases of a project. The execution of the project is the direct responsibility of the
assigned AEI project Manager. Overall QA activities are the responsibility of AEI Department Managers,
who generally report directly to the CEO/COO of AEI. General Project Management and QA/QC
responsibilities are outlined below.
Project Group
Responsibility for project quality related items is shared by the appropriate Department Manager and the
Project Team. In general, the Project Team provides quality control (QC) for activities performed by them.
It is the responsibility of the Project Team to ensure that quality requirements are implemented as part of
normal operating procedures.
Senior Author
General responsibilities of the Senior Author, as appropriate, include:
• Selection of the Project Manager;
• General supervision of the project; and
• Review and signature of outgoing correspondence, if not performed by the Project Manager.
Project Manager
General responsibilities of the Project Manager include:
• Organization of the Project Staff and preparation of the project specific organization chart;
• Day-to-day execution of the project;
• Procurement of subcontractor services;
• Approval of procurement documents;
• Assignment of duties to the Project Staff and orientation to the needs and requirements of the project;
• Approval of project specific procedures and internally prepared work plans and reports;
• Dissemination of all project related information from the client;
• Serves as liaison for all communications with client;
• Review and signature of outgoing correspondence to the client;
• Serves as the liaison between the project staff and other internal groups, such as accounting;
• Serves as the “collection point” for Project Staff reporting of deviations, deficiencies, and changes in
project documents and activities;
• Determination of the effect of the deviations, deficiencies, and changes on the project and the
appropriateness for reporting such items to the client, and provision of appropriate documentation for any
reporting;
• Notification to the Quality Assurance Coordinator of the project specific deviations, deficiencies, and
changes;
• Ensures the changes and revisions are subject to the same quality control as the original work; and
• Serves as final reviewer prior to release of all project information.
Department Manager
The development and operation of AEI Quality Assurance Procedures are performed by the appropriate
Department Manager. The Department Manager is independent of project activities but has direct access
to senior management. They have the authority and responsibility to identify quality problems; initiate,
recommend, or provide corrective actions; and verify the implementation of the corrective actions. It is the
duty of the Department Manger to establish and ensure that appropriate procedures and calibrated
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Proposal No. 60629
October 16, 2018
Page 9
equipment are used by qualified personnel and that sufficient documentation is prepared and maintained.
Responsibilities of the Department Manager, as appropriate, include:
• Administration of the Quality Assurance Procedures;
• Development, review, and approval of SOPs and Quality Assurance Procedures;
• Day-to-day supervision of quality assurance activities;
• Approval of Quality Assurance Project Plan (QAPP) and generic and project specific procedures;
• Notification of AEI personnel of deviation, deficiencies, and changes in quality assurance procedures; and
• Determination of auditing schedule.
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Proposal No. 60629
October 16, 2018
Page 10
RELATIONSHIP WITH CITY OF RANCHO PALOS VERDES
AEI currently has no working relationship with the city of Rancho Palos Verdes.
B-10
Proposal No. 60629
October 16, 2018
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EXPERIENCE
For over twenty-five (25) years AEI has been an industry leader in environmental and facility assessment
services and has the extensive experience and broad range of skills necessary to perform the tasks required
within this RFP. Our core business is the performance of Phase I Environmental Site Assessments, Soil,
Soil Vapor and Groundwater Investigations, Property Condition Assessments, Asbestos and Lead-Based
Paint Surveys, ALTA Surveys, Construction Consulting Services, and Energy Assessments. With over 327
employees, 27 located in Southern California, and 22 offices nationwide, 6 in California, AEI brings a broad
range of skill and experience to this project. AEI is proud of our 25-year track record of providing
assessment and consulting services to the commercial real estate community.
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Proposal No. 60629
October 16, 2018
Page 12
REFERENCES
The following are a few references from various projects across the country that AEI has provided various
services to.
Los Angeles Unified School District
Lawrence Browne (213) 241-4263 lawrence.browne@lausd.net
Eric B. Longenecker, P.E. (Replaced Edgardo Gillera) (213) 247-4578 eric.longenecker@lausd.net
Site Assessment Project Manager
Office of Environmental Health & Safety
333 South Beaudry Avenue, 21th Floor
Los Angeles, CA 90017
Currently AEI is actively managing its second three (3) year contract to perform Phase I Environmental Site
Assessment and Phase II field investigations/Preliminary Environmental Assessments with possible Site-
Specific Investigations for new and existing school sites throughout the district.
During this most recent contract AEI has performed Phase I, II, and/or Preliminary Site Assessment
Investigations on the following sites: Birmingham Community Charter High School – 6651 A Balboa
Boulevard, Lake Balboa, CA 91406; Dymally High School (Formerly Region High School #12) – 8800 South
San Pedro Street, Los Angeles, CA 90003; Griffith Middle School – 4765 East 4th Street, Los Angeles, CA
90022; 54th Street Elementary School – 5501 South Eileen Avenue, Los Angeles, CA 90043
Housing Authority of the County of Santa Clara
Orlando Reyes (408) 975-4637 orlandor@hacsc.org
Project Manager
505 West Julian Street
San Jose, CA 95110
Villa San Pedro, San Jose, CA - 100 Unit, Garden Apartment Complex set on a 4.8 acre parcel spread
throughout 13, two-story buildings. AEI completed a Scenario Expected Loss (SEL) Assessment which
consisted a structural engineering and seismic analysis of the complex in accordance with ASTM Standard
E202607. A Phase I Environmental Site Assessment (ESA) was also completed on this property. This work
was completed in February 2013 and an update report was completed in November 2013.
Villa Garcia, San Jose, CA - 80 Unit, Garden Apartment Complex set on a 3.1 acre parcel spread throughout
10, two-story buildings. AEI completed a Scenario Expected Loss (SEL) Assessment and a Phase I ESA.
This work was completed in February 2013 and an update report was completed in August 2012.
Woonsocket Housing Authority
Susan Castrataro (401) 767-8062 scastrataro@woonsockethousing.org
Procurement Officer
Woonsocket Housing Authority
679 Social Street
Woonsocket, RI 02895
Kennedy Manor, Woonsocket, RI - 198 Unit, High Rise Seniors Housing Apartment Building - AEI is
completing a Green Physical Needs Assessment (GCNA), Energy Audit and preparing HUD’s Green CNA
Tool in accordance with HUD Guidelines. Completed September 2014.
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Proposal No. 60629
October 16, 2018
Page 13
Crepeau Court, Woonsocket, RI - 153 Unit, High Rise Seniors Housing Apartment Building - AEI is
completing a Green Physical Needs Assessment (GCNA), Energy Audit and preparing HUD’s Green CNA
Tool in accordance with HUD Guidelines. Completed September 2014.
St. Germain Manor, Woonsocket, RI - 153 Unit, High Rise Seniors Housing Apartment Building - AEI
completed a Green Physical Needs Assessment (GCNA), Energy Audit and preparing HUD’s Green CNA Tool
in accordance with HUD Guidelines. Completed September 2014.
Parkview Manor, Woonsocket, RI - 126 Unit, High Rise Seniors Housing / Disabled Residents - Apartment
Building - AEI completed a Green Physical Needs Assessment (GCNA), Energy Audit and preparing HUD’s
Green CNA Tool in accordance with HUD Guidelines. Completed September 2014.
Morin Heights, Woonsocket, RI - 282 Unit, 34 building, townhouse style family housing community - AEI
completed a Green Physical Needs Assessment (GCNA), Energy Audit and preparing HUD’s Green CNA Tool
in accordance with HUD Guidelines. Completed September 2014.
Veteran’s Memorial, Woonsocket, RI - 300 Unit, 56 building, townhouse style family housing community -
AEI completed a Green Physical Needs Assessment (GCNA), Energy Audit and preparing HUD’s Green CNA
Tool in accordance with HUD Guidelines. Completed September 2014.
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Proposal No. 60629
October 16, 2018
Page 14
SUBCONTRACTOR QUALIFICATIONS
To verify subcontractor conformance to procurement document requirements, AEI shall, as necessary,
perform field quality control checks, review subcontractor prepared documentation, and perform source
audits. Moreover, the AEI Subcontractor Agreement shall require the subcontractor to adhere to AEI QA/AC
procedures where appropriate. For field operations, AEI project personnel shall perform a QC check of a
subcontractor prior to commencing work. The intention of this check is to ensure that the subcontractor
has fulfilled the procurement requirements necessary to begin their activities. The check shall include the
type and condition of equipment, calibration of equipment, and qualifications or personnel. Calibration
documentation and personal resumes shall be made available to AEI during the quality control check. If
requirements are not met, sufficient grounds for suspension of activities exist. Equipment which does not
meet AEI and project requirements shall not be used without repair to the satisfaction of the AEI Field
Supervisor. The results of the check shall be documented in a memorandum by the AEI Field Supervisor to
the Project Manager and Quality Assurance Coordinator.
Source audits of subcontractor activities in the field, laboratory, and/or office shall be performed and
documented. The audits shall be conducted by the Department Manager. Objective evidence of
conformance to procurement document requirements shall be thoroughly reviewed.
AEI acknowledges acceptance of the terms and conditions of the City of Rancho Palos Verdes’
contract and insurance requirements. Neither AEI nor any of its selected subcontractors are involved
in any criminal case, civil litigation, arbitration, or proceeding having a potential financial impact
that would affect the ability to perform tasks related to the proposed scope of work.
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Proposal No. 60629
October 16, 2018
Page 15
CLOSING REMARKS
AEI’s qualification to perform the required services is evidenced by an exemplary history of providing
similar services to clients in both the public and private sectors, as demonstrated in the attached client
references. Should you have any questions regarding this Proposal, please feel free to contact us at
(310) 798-4255. We look forward to demonstrating our capability and enthusiasm for this project.
Respectfully submitted,
Adam J. Bennett
Vice President
AEI Consultants
2207 W. 190th Street
Torrance, CA 90504
Phone: 310-798-4255
Fax: 310-846-5594
Email: abennett@aeiconsultants.com
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Proposal No. 60629
October 16, 2018
Page 16
STAFF RESUMES
B-16
Adam J. Bennett – Regional Director
B.A. - Geology, Whittier College
40 Hour HAZWOPER Certified
Mr. Bennett has fifteen years of experience in environmental consulting. Mr. Bennett is
the regional director for the Southern California area including the Los Angeles and
Irvine offices of AEI Consultants, and oversees all daily activities throughout the offices.
He is responsible for development of new business with banking institutions,
development companies, mortgage brokers, and real estate firms; and for maintaining
existing client satisfaction and relationships. Also responsible for providing quality
assessment/quality control for various Environmental Site Assessment reports prepared
for clients located throughout the United States. Advised and consult clients and staff to
make the proper environmental decisions and recommendations. His project experience
includes but is not limited too: Phase I Environmental Site Assessments, Real Estate
Transaction Screens, radon screening projects, asbestos inspections, lead-based paint
inspections, and reviewing/evaluating Phase II and Phase III reports. His experience
includes management of portfolio projects involving numerous properties throughout the
US.
Project experience for Mr. Bennett includes:
Phase I Environmental Site Assessments, Real Estate Transaction Screens and
Property Condition Assessments
The design and implementation of numerous Phase II soil and groundwater
investigations for a variety of suspected contaminants for due diligence and
liability purposes Methane testing (LADBS)
Research, procure, catalog, interpret historical aerial photographs, and report
through written declarations and depositions as an expert witness on major local,
state, and federal cases throughout the United States
LAUSD new school site safety assessments
Installation of groundwater monitoring wells
Hazardous waste disposal, clarifier, UST/AST removals
Successfully negotiating with regulators for site closures across California.
Mr. Bennett also has extensive experience in the use of aerial photograph interpretation,
and has been retained as an expert witness for the interpretation of historical aerial
photographs on several class action lawsuits.
B-17
Victor T. DeTroy – National Client Manager, Due Diligence Services
B.A. - Earth and Environmental Science, Columbia University, Cum Laude
Registered Environmental Property Assessor (REPA) #2061012266170822
OSHA 40-Hour Hazardous Waste Operations
Emergency Response (HAZWOPER) Training
EPA AHERA 24-hour Asbestos Building Inspector
Mr. DeTroy has worked the environmental service industry since 2007 and provides
project management to ensure compliance and satisfaction of client requirements for
Phase I Environmental Site Assessments, Transaction Screens, limited due diligence
assessments, Phase II and Phase III subsurface investigations, and quarterly
groundwater monitoring events. He has successfully completed assessments on a
variety of residential, commercial, and complex industrial sites. Mr. DeTroy is
accustomed to all aspects of Due Diligence Property Assessments and the needs and
requirements of a variety of reporting standards, including ASTM, EPA’s All Appropriate
Inquiry (AAI), Freddie Mac, Fannie Mae, HUD, and customized client formats.
Project experience for Mr. DeTroy includes:
Phase I Environmental Site Assessments
Telecommunication Phase I Environmental Site Assessments
Environmental Transaction Screens
Environmental Transaction Analyses
Limited Environmental Site Assessments
Regulatory Database Reviews
Historical Records Reviews
Project Coordination and Setup
Due Diligence Portfolio Management
The design and implementation of Phase II soil and groundwater investigations
and Phase III subsurface characterizations for a variety of suspected
contaminants for due diligence and liability purposes
Subsurface investigations have included extensive soil and groundwater testing,
identification of petroleum hydrocarbons and volatile organic compounds contamination
in near surface soils, and contaminant plume delineation in soil vapor, soil, and
groundwater. Mr. DeTroy’s management and technical experience has allowed AEI’s
projects to be performed in a cost effective and timely manner to the satisfaction of
AEI’s clients and regulatory agencies.
B-18
Dashiell Geyer – Staff Geologist, Site Mitigation Services
BS- Geology, Washington State University
AS- General Studies, Olympic College
OSHA 40-Hour Hazardous Waste Worker Training
Mr. Geyer has less than a year in the environmental service industry after transitioning
over from the petroleum service industry, where he has been the last two years. His
projects include: Phase II Subsurface Investigations, determining contamination limits
on soil and /or groundwater conditions, constructing/reviewing Phase II reports, on-site
field reports/logs. His experience includes working with professional geologists to
understand the scope of work and locating/interpreting sample results.
Project experience for Mr. Geyer includes:
Phase II Subsurface Investigations
Determining the impact of the contamination on soil and/or groundwater
conditions
Understanding the scope of work to locate and interpret sample readings
beneath properties for contamination
On-site reporting/analysis of samples recovered
Constructing/reviewing Phase II reports
B-19
Derrick Haynes – Project Manager
B.S. – Mathematics, Morehouse College
Mr. Haynes has more than five years of experience in the environmental consulting and
facility management industries. Mr. Haynes has spent his career as a Project Engineer and
Project Manager for several companies, specializing in construction monitoring and
management in the civil/structural engineering field, and in conducting property condition
and needs assessments, property condition evaluations, property reserve needs
assessments, and environmental assessments. Mr. Haynes has served as a building
assessor, project manager, and author on over a thousand real estate transactions.
Project experience for Mr. Haynes includes:
Phase 1 Environmental Site Assessments (Phase 1 ESA)
Property Condition Assessments (PCA)
Environmental Transaction Screens (ETS)
Environmental Transaction Analyses (ETA)
Records Search with Risk Assessment (RSRA)
Regulatory Database Reviews
Historical Records Reviews
Project Coordination and Setup
Construction Monitoring and Draw Inspections
Mr. Haynes has experience as a project manager in the building sciences/construction field.
His background in building assessments allows him to provided complete and thorough
assessments and evaluations to serve a client’s specific needs. In addition to providing
consulting services, Mr. Haynes has conducted report reviewing and employee training tin
the construction monitoring field.
Mr. Haynes is familiar with all standards of Due Diligence Property Assessments and the
needs and requirements of a varied number of reporting standards, including the Property
Condition Assessment ASTM E2018, Fannie Mae, Freddie Mac, Property Insurable Value
Evaluation and customized client formats or scopes. He has also authored Property
Condition Assessments, Property Condition Evaluations, HUD Project Capital needs
Assessments, and Environmental Site Assessments.
B-20
Danny Huerta – Senior Project Manager, Due Diligence Services
BA – Environmental Studies, University of California Santa Barbara
EPA AHERA 24-Hour Asbestos Building Inspector
Mr. Huerta has worked in the environmental service industry since 2008. Mr. Huerta has
worked as a project manager to ensure compliance and satisfaction of client requirements
for Phase I Environmental Site Assessment, Environmental Transaction Screens, and
Limited Due Diligence Assessments. Mr. Huerta has successfully completed assessments
on a variety of properties throughout California, Nevada, Hawaii, Nebraska, and Alaska.
There assessments have included: industrial, manufacturing, aerospace, studio, and
general commercial properties as well as residential transactions. His past experience
includes working as a water chemist for an environmental laboratory as well as a
hazardous materials specialist for Santa Barbara County.
Project experience for Mr. Huerta includes:
• Phase I Environmental Site Assessments
• Telecommunication Phase I Environmental Site Assessments
• Environmental Transaction Screens
• Limited Environmental Site Assessments
• Regulatory Database Reviews
• Historical Records Reviews
• Project Coordination and Setup
• Due Diligence Portfolio Management
• Implementation of California’s environmental regulations and laws to commercial
and industrial facilities.
• Investigations of complaints regarding the use, disposal, and storage of hazardous
materials.
• Inspection and report write-ups for environmentally permitted facilities.
• Review of business plan and contingency plan documents for permitted facilities.
Mr. Huerta has attended various conferences, meetings, and training seminars regarding
environmental laws and regulations and has also worked with government agencies such
as the State Water Quality Board, various Fire Departments, and the EPA.
B-21
Valerie Marshall – Senior Scientist/Senior Project Manager
Master of Science, Environmental Engineering, University of Southern California
Bachelor of Science, Biological Sciences, University of Southern California
Certificate, Environmental Management, USEPA and University of Southern California
California Registered Environmental Assessor II, No. 30151
Ms. Marshall is a Senior Scientist with more than 27 years of both industry and
environmental consulting experience. Ms. Marshall is responsible for managing Client
Programs and Projects focusing on environmental due diligence, regulatory permitting,
risk assessments, all aspects of investigation, mitigation, remediation and closure of sites
with soil and/or groundwater contamination. Ms. Marshall’s role also includes technical
lead on major environmental projects including brownfield redevelopment, contamination
investigations, risk assessments and mitigation with the goal of evaluating and minimizing
client risks. Most of this work required a strong working knowledge of local, state and
federal regulations including CERCLA, RCRA and TSCA regulatory programs. Ms.
Marshall’s varied experience allows for effective oversight and management of
environmental projects to minimize client risks and achieve client goals.
Ms. Marshall complements her technical expertise with her experience in commercial real
estate and business management to provide clients with a pragmatic approach in
developing environmental solutions.
SUMMARY OF PROJECT EXPERIENCE
Representative Brownfield Experience
• Served as technical lead on behalf of various real estate development teams for the
redevelopment of former commercial or industrial properties throughout southern
California. Responsibilities included working with both Federal and state regulatory
agencies including: USEPA, CalEPA, DTSC and RWQB and the client to set up the
applicable clean-up agreement and then assess historical or current environmental
issues, develop a site-specific mitigation and remediation strategy than meets the agreed
upon cleanup goals.
Representative Landfill Experience
▪ BKK Landfill, West Covina, California. Ms. Marshall initiated a pilot project to evaluate the
use of treated sewage sludge as an alternative daily cover material at an active Class III
solid waste landfill in Southern California. The study included an assessment of the
geotechnical suitability of the material as well as the flammability and the potential for
environmental hazards including vector attraction of the cover material. Collected
physical soil samples, completed field infiltration tests, monitored odor release, and
completed vector analysis. The investigation was completed on four cells containing
various percentages of the treated sewage sludge. A final report was prepared
following guidelines set forth in Title 14 of the California Code of Regulations. The
pilot project required close coordination with the Los Angeles Hyperion Plant, the Local
Enforcement Agency (LEA) and the California Integrated Waste Management Board
(CIWMB).
B-22
▪ Class I Hazardous Waste Landfill and Treatment, San Bernardino County, California.
Managed the preparation and approval of an EIR/EIS to develop a new Class I Hazardous
Waste Landfill and Treatment Facility. Oversaw the preliminary design and engineering
for the proposed project to facilitate the Part B Permit.
▪ Class III Solid Waste Landfill, Los Angeles County, California. Acted as the Project
Director for the preparation of an EIR/EIS to site and permit a new Class III Solid Waste
Landfill. Oversaw the technical evaluation of 141 alternative landfill sites in the region.
▪ Falcon Refuse Center, Wilmington, California. Ms. Marshall was part of a technical
team that evaluated the feasibility, design and construction of a materials recycling
facility at a solid waste transfer station located in Wilmington, CA. The feasibility study
involved the collection and recycling of waste cardboard, plastic, glass and wood that
were brought into the transfer station as part of solid waste refuse by municipal and
private waste haulers and the public. The recycled wood was processed through a
wood hog and made into wood chips and then transported out of state and used as
refuse derived fuel. The project team worked closely with local, and state agencies,
and municipal and private waste haulers.
Representative Storm Water Management Project Experience
▪ Hawaii Military Communities, LLC, Storm Water Management, Environmental
Assessment and Property Condition Assessment Five Naval Housing Developments;
Honolulu, Hawaii – Senior Project Manager responsible for the environmental
assessment of a $287,000,000 naval housing privatization project of five naval
communities consisting of over 1,000 structures and 200 acres of property. Developed
and coordinated storm water management and pollution prevention plans that
included multiple contaminants including petroleum and various chlorinated pesticides.
▪ Legoland, Carlsbad, CA, Storm Water Management Services that included the
development of a storm water pollution prevention plan for the amusement park and
surrounding property. Services include: site management, identifying engineering
best management practices, storm water sampling/analysis, and employee training.
Project responsibilities included working closely with the park’s operations and state
and local regulatory agencies.
▪ Strata Project, San Diego, CA - design and implementation of storm water pollution
prevention plan for the construction of a 22-story mixed-use commercial/residential
high rise. Services included: oversight of BMPs including: temporary soil stabilization,
sediment control, vehicle/equipment cleaning and fueling, material delivery and
storage, contaminated soil management, employee and subcontractor training and
site management. Provide consulting on compliance issues.
▪ Redstone Arsenal, Huntsville, Alabama – designed and implemented a storm water
management plan during the phased re-construction of six (6) residential military
communities. Responsibilities included: development of BMPs, oversight of
maintenance, inspection and repair of construction site BMPs, and consulting on
regulatory compliance issues.
Representative Hazardous Waste Project Experience
▪ Underground Storage Tank Closures, Sites throughout Southern California. Supervised
over forty site investigations and remediation projects that included the development of
remediation design, local and state regulatory agency interaction and the preparation of
final closure reports.
B-23
▪ Superfund Site, Wilmington, California. Managed a state superfund site investigation
under Cal-EPA for a former liquid disposal facility in Wilmington, California. Negotiated
exemptions from regulatory agency to expedite the schedule, which resulted in significant
project cost savings.
▪ Cal Compact Landfill, Carson, California. Coordinated an environmental resolution of a
closed Class II Superfund Site which included the development and approval of a
remedial investigation, feasibility study and closure of a Brownfield Site Reclamation
Project at the former Cal Compact Landfill.
Representative Transportation Project Experience
▪ California Department of Transportation (Caltrans), Los Angeles, CA. – Project Manager
for two indefinite delivery blanket type contracts providing services related to hazardous
waste management, emergency response, and soil and groundwater investigations
throughout the state of California. Projects have included numerous property
assessments due to right-away acquisitions and development, aerial lead surveys, MTBE
studies in drinking water and contaminant transport assessment as a result of continuous
dewatering along the 105 Freeway in Los Angeles.
▪ Louisiana Department of Transportation, Port of New Orleans, Louisiana. – Project
Manager for the preparation of an environmental impact statement (NEPA) for a new
truck transportation corridor from the Port of New Orleans to the I-10.
Representative Phase I ESA and Phase II Project Experience
• Strata Project, San Diego, CA, - Phase II ESA for a mixed-use 22-story
commercial/residential high rise with four-floor subterranean parking in downtown San
Diego. Property included a former service station, underground storage tanks and a
dry cleaner with both petroleum hydrocarbon and dry-cleaning chemical
contamination. Responsible for site assessment, mitigation and remediation of
contaminants of concern. The Brownfield property entered into the state Voluntary
Cleanup Program and received a case closed status.
• Mixed Use Development, Confidential Client, Gardena, CA – Phase II ESA, Site
Mitigation and Remediation for a mixed-use residential/retail development of a former
industrial property. Took over site assessment activity from a prior environmental
consultant. Upon site demolition, the site was determined to be a former dump-site
for various wastes including: petroleum hydrocarbon waste, municipal trash,
demolition debris and other materials. Responsible for site mitigation and
development of a Soil Management Plan. The site soil was strategically sampled,
analyzed and segregated and stock-piled based on concentration of contaminants of
concern that included: petroleum hydrocarbons, and VOCs. This work was conducted
in concert with the grading of the site. Over 300 truck-loads of impacted soil were
removed and disposed offsite.
• Comerica Bank; Multiple Sites, California - Project manager for Phase I and Phase II
ESA’s. Quality services on over 100 sites throughout California. The ESA includes site
reconnaissance, agency review, public records review including, but not limited to,
NPL and FINDS listings, LUST and SWIS sites, and RWQCB and local health
department agency listings, aerial photograph interpretation and report preparation.
• Hawaii Military Communities, LLC, Environmental Assessment and Property Condition
Assessment Five Naval Housing Developments; Honolulu, Hawaii – Senior Project
Manager responsible for the environmental assessment of a $287,000,000 naval
B-24
housing privatization project of five naval communities consisting of over 1,000
structures. Managed Phase I and II ESAs of multiple contaminants including
petroleum and various chlorinated pesticides. An additional subsurface soil
investigation for chlorinated pesticides and the development of a health risk
assessment in accordance with EPA Superfund Guidance on Soil Screening Levels for
these contaminants was conducted in support of a mitigation plan. Also directed
asbestos surveys, lead-based paint (LBP) inspections, and risk assessments in
accordance with the Code of Federal Regulations. Other services provided included
mold surveys, property condition assessments (PCAs), and the preparation of SPCC,
storm water, hazardous material management, and pesticide application plans.
▪ Mixed Use Development – West Hollywood, CA. – The client entered the state
Voluntary Cleanup Program as an Innocent Property Purchaser under the DTSC
Brownfield Redevelopment Act for a proposed mixed-use development located in a
redevelopment zone. Guided the client through the regulatory process of a RI/FS,
RAP, RAW and the VCP to meet applicable closure requirements for a new mixed-use
development.
▪ Los Angeles Chemical Company – South Gate, CA. – Conducted a Phase III site
investigation was to further assess the lateral and vertical extent of volatile organic
compounds, total cyanide, and total petroleum hydrocarbons as gasoline and diesel
found in the onsite soil and groundwater. In addition, based on the historical
operations of the property, areas identified for further assessment include a shallow
soils investigation of the interior of the onsite storage warehouse, determination of
groundwater flow direction based upon current groundwater data from LA Chemical,
vertical delineation of known contaminants, lateral delineation of soils in the vicinity
of known contamination, and a shallow soils investigation along two onsite railroad
spurs.
▪ Archon Group; Multiple Sites – Program Manager for environmental services.
Responsibilities included the coordination and management of Phase I and II ESAs,
industrial hygiene (IH), and asbestos services for company owned and supported
properties across the United States. Act as an integral part of the Archon Acquisition
and Disclosure team providing environmental services and consultation throughout
the due diligence process. As Program Manager provided services for well over 500
properties.
Representative CEQA/NEPA Project Experience
▪ United States Department of Agriculture, Phoenix, Arizona - Project Lead for the
development and preparation of an Environmental Assessment for compliance with
the National Environmental Policy Act, for the relocation of the USDA Arid-Land
Agriculture Research Center.
▪ City of Madera, Madera, California – Project Lead for the preparing of an Environmental
Assessment, in compliance with the California Environmental Quality Act, for the
expansion of a Waste Water Treatment Plant (WWTP). Project team included the city
engineers, engineer consultant, and the construction contractor. PSI evaluated the
potential environmental impacts associated with the expansion of the WWTP.
▪ Telecommunications/Cell Tower Siting, Honolulu, HI – Project Manager for
Geotechnical Investigations for the development of several new cell towers locations
and foundation studies for existing cell tower locations. Conducted Phase I
Environmental Site Assessments, and coordination of State Historical Preservation
B-25
Office (SHPO) for notification to native Hawaiian organizations.
▪ Telecommunications/Cell Tower Siting, California, Oregon, Washington – Senior
Project Manager for the coordination of Phase I Environmental Site Assessments
(ESA’s) and NEPA evaluations for numerous proposed and existing cellular equipment
towers throughout the western United States. Coordinated Native American
notification through the Federal Communication Commission’s Tower Construction
Notification System (TCNS), SHPO notification, biological assessments, and Section
106 compliance.
▪ Elsmere Corporation; Los Angeles, California – Technical Project Manager for the
development of alternative off-ramp and truck lane alignments as part of a joint
EIR/EIS to site and permit of a new Class III Solid Waste Landfill. Interacted with
Caltrans regarding preliminary design and engineering and associated impacts to the
proposed project.
▪ Port of South Louisiana Connector Environmental Assessment, New Orleans, Louisiana
– Senior Engineer and Senior Technical Professional on an environmental impact
project (NEPA) for a new transportation corridor from I-10 to the Port of New Orleans
for the State of Louisiana Department of Transportation.
▪ Old Hammond Highway; Louisiana – PSI, under the direction of the LA DOTD, served
as the senior environmental technical reviewer for the Old Hammond Highway
Environmental Impact Study (EIS). A Phase I ESA was prepared and a noise survey
and sole source aquifer study was performed. PSI provided findings and
recommendations to the LA DOTD and participated in the public hearing process.
▪ Master Plan Development, Denham Springs, Louisiana - The project was a master plan
wetlands permitting project subject to Section 404 of the Clean Water Act and Section
10 of the Harbors and Navigation for the planned development of a 500-acre
commercial and development. Westport contains 134 acres of wetlands and fronts
the intra-coastal canal. US Interstate-10 and LA 415 cross the site.
▪ San Francisco Housing Authority; San Francisco, California – Senior Technical
Professional for NEPA documentation process. The project involved categorizing over
200 projects and 30 sites as exempt, categorically excluded converting to exempt, and
categorically excluded. Compliance documentation was provided for 15 issue areas
ranging from historic preservation, wetlands protection, to farmland protection policy
act and environmental justice.
B-26
Laura Mohlenkamp – Project Manager, Due Diligence Services
B.S. – Environmental Science, University of Nevada, Reno
Ms. Mohlenkamp has been working in the environmental service industry since 2016. As
a Due Diligence Project Manager, Ms. Mohlenkamp provides project management to
ensure ASTM compliance and satisfaction of client requirements.
Project experience for Ms. Mohlenkamp includes:
• Phase I Environmental Site Assessments
• Environmental Transaction Screens
• Regulatory Database Review
• Historical Records Review
In addition, prior to joining the environmental consulting industry, Ms. Mohlenkamp
spent four years studying various subjects relevant to environmental science and
engineering, including but not limited to: atmospheric science, spatial analysis (ArcGIS),
surface and snow hydrology, aquatic chemistry, geology, and physics.
B-27
Alicia Siegel – Project Manager
California State University, Dominquez Hills, B.S. Geology, December 2002
OSHA 40-Hour HAZWOPER Training
OSHA 8-Hour HAZWOPER Site Supervisor
Behavior-based Safety Training (Loss Prevention Observation)
Contractor Quality Control Training – USACE/NAVFAC
Ms. Siegel has been involved in the environmental consulting industry since 2005. Her project
experience includes: Phase II and III environmental site assessments; soil and groundwater
investigation design and implementation; regulatory case closure; and implementation and
execution of remedial action projects.
Ms. Siegel is a project manager for the Site Mitigation group in Southern California. Her
responsibilities include project implementation and oversight, cost estimation and contract
preparation, and report preparation. Ms. Siegel is responsible for executing requirements set by
clients and department managers.
Ms. Siegel’s experience includes:
• The implementation, execution, and oversight of numerous site investigations,
groundwater monitoring programs, and remedial investigations under the direction of
Senior Principal Geologists and regulatory agencies.
• The implementation, execution, and oversight of numerous soil, soil gas, and
groundwater investigations for environmental due diligence (Phase II investigations) for
a variety of suspected contaminants, including current and former underground storage
tank sites, dry cleaning facilities, and other current and former industrial and agricultural
operations.
B-28
Jordan Vida – Staff Engineer
BS - Environmental Engineering, University of California, Merced
Engineer in Training (No. EIT 152202) – California
OSHA 40-hour HAZWOPER
Mr. Vida has worked in the environmental service industry since 2014 and has
experience in due diligence and site mitigation. Mr. Vida provided project management
to ensure ASTM compliance and satisfaction of client requirements for Environmental
Due Diligence.
Project experience Due Diligence include:
Phase I Environmental Site Assessments (PHI ESA)
Environmental Transaction Screens (ETS)
Regulatory Database Review
Site Reconnaissance
Historical Records Review
Short-Term and Long-Term Radon Sampling
Mr. Vida currently provides project management for Site Mitigation and ongoing
remediation projects.
Project experience in Site Mitigation include:
Weekly and Monthly System Operation and Maintenance (O&M) of Various
Remediation Sites
Sub-Slab and Soil Vapor Installation and Sampling
Soil Sampling
Groundwater Sampling
Computer Assisted Drafting (CAD)
In addition to his environmental and engineering services, Mr. Vida provides data
management services, including extensive use of Microsoft Office, Microsoft Excel, Corel
Draw, AutoCAD, and gINT.
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Kent Vollmer, PG, CEG – Site Mitigation Department Manager
California State University, Fullerton, B.S. Geology, June 1998.
California Certified Engineering Geologist (CEG)
California Professional Geologist (PG)
OSHA 40-Hour HAZWOPER Training
OSHA 8-Hour HAZWOPER Site Supervisor
Behavioral Based Safety Training
Mr. Vollmer has been involved in the environmental and geotechnical consulting industry
since 1997. His project experience includes: Phase II and III ESAs; soil and
groundwater investigation design and implementation; compliance and closure;
development and implementation of remedial action projects; geotechnical
investigations; grading oversight; forensic studies, and seismic hazards assessments.
Mr. Vollmer is a department manager for the environmental engineering services group
in Southern California. His responsibilities include client relationship management,
project oversight, project design and review, cost estimating and contract preparation,
and staff management. Mr. Vollmer is responsible for implementing company-wide
procedures and standards for environmental assessments and remediation work.
Mr. Vollmer’s project experience includes:
The design and implementation of numerous site investigations, groundwater
monitoring programs, remedial investigations, pilot tests, and remedial/corrective
action plans (RAP/CAP) under the direction of various state and local regulatory
oversight agencies
The design and implementation of numerous soil, soil gas, and groundwater
investigations for environmental due diligence (Phase II Investigations) for a
variety of suspected contaminants, including UST sites, dry-cleaning facilities,
agricultural operations, and other industrial facilities
Design, implementation, and management of various remedial strategies,
including the use of groundwater extraction, soil vapor extraction, dual phase
extraction, soil removal, and natural attenuation.
Design and implementation vapor intrusion assessments.
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Eric Young – Project Manager
B.S. – Applied Ecology, University of California, Irvine
EPA Asbestos Building Inspector Certification (40 CFR 763 Sub E [AHERA])
Mr. Young has been in the environmental service industry since 2003. His project
experience includes: Phase I Environmental Site Assessments, Phase II and Phase III
subsurface investigations, site conceptual model updates reports, and quarterly
groundwater monitoring events. He has successfully completed commercial, residential,
and complex industrial sites.
Project experience for Mr. Young includes:
Phase I Environmental Site Assessments
Telecommunication Phase I Environmental Site Assessments
Regulatory Database Review
Historical Record Reviews
The design and implementation of numerous Phase II soil and groundwater
investigations for a variety of suspected contaminants for dues
The design and implementation of numerous soil and groundwater investigations
and remediation in conjunction with regulatory agencies.
Groundwater Monitoring Well Installation and Monitoring Projects
Subsurface investigations have included extensive soil and groundwater testing,
identification of petroleum hydrocarbons and volatile organic contamination in near
surface soils, and contaminant plume delineation in soil vapor, soil and groundwater.
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