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American Society of Civil Engineers - FY2022-009 ASCE AMERICAN SOCIETY OF CIVIL ENGINEERS 1801 Amide! ?ell Nyeet VA 0 19'.4 iii? I o«. �l:.. l:: 800 548.212 3 toll free(103)295 6300 August 17,2021 (70$.. 2955.63: 3`-* m www.ASCE.iorg Ramzi Awwad, P.E., M.ASCE Director, Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Re:ASCE Peer Review Agreement Dear Mr. Awwad, Thank you for requesting a peer review. This letter summarizes what we have agreed to. Please sign a copy and return it to me no later than August 23,2021. The peer review site visit for Rancho Palos Verdes, CA Public Works Department is scheduled for October 11-13, 2021. The peer review team will consist of three peer reviewers that will visit your offices in Rancho Palos Verdes on those dates to conduct the on-site portion of the review. The bios of the peer reviewers we recommend to conduct your review were sent to you on August 12, 2021 and you have accepted them as your review team. The team is as follows: Team leader: Team member: Brent C. Siemer, P.E.,CFM, ENV SP, F.ASCE Benny J. Young, P.E., P.S., M.ASCE Deputy Director/Development Services Past Interim Director City of Simi Valley, CA Department of Public Works San Benito County Resource Management Agency Team member: Bob Manwaring, P.E., M.ASCE Retired Public Works Director City of Arvada, CO The fee and scope of work for this review are described in the attached Scope of Work and ASCE's Program Manual for Peer Review for Public Agencies, incorporated by reference. An in-person site visit is planned for this peer review in which review team members will travel to Rancho Palos Verdes to conduct interviews, prepare findings,and deliver an oral report. Recognizing the evolving impact of the Coronavirus pandemic,ASCE and the City of Rancho Palos Verdes agree that either party may cancel part or all of the in-person activities planned for this review by providing notice at least 48 hours prior to the scheduled start of the in-person site visit. If part or all of the in-person activities are cancelled,the peer review may by mutual agreement of ASCE and the City of Rancho Palos Verdes be conducted through a virtual or hybrid format, postponed,or canceled with no penalties. Page 1 of 4 8/17/2021 ASCE Peer Review Agreement The City of Rancho Palos Verdes,California hereby agrees to indemnify, hold harmless, and to defend ASCE, its officers, directors,employees and agents,the review team both individually and in their official capacity as reviewers, and the employers by which the reviewers are employed if any from any suit, action,or proceeding whatsoever and however denominated and regardless of where brought that may be brought by any individual or entity as a result of any opinions,suggestions,or recommendations which the review team may make (including dissenting, minority,or separate opinions,whether concurring or dissenting in whole or in part) as a result of its review of the Rancho Palos Verdes Public Works Department. The City of Rancho Palos Verdes does further agree and covenant not to sue ASCE, its officer,directors, employees,or agents,the review team or any members of such team either individually or in their official capacities, or the organizations for which the reviewers work if any,on any cause of action that may arise out of the review to be performed pursuant to this Agreement. If you agree to the above terms, please sign below and return this letter to me. I look forward to working with you on this peer review. Feel free to contact me at(800)548-2723, ext. 6281 or rwaIdrup@asce.org if you have any questions. Sincerely, 4,446,0 Becky Waldrup, P.E., M.ASCE Senior Manager,ASCE Government Engineer Programs Cc: Team leader Brent Siemer,ASCE Managing Director Loretta Cranbourne,ASCE Director Carol Vargas Encl.: Nondisclosure statements from reviewers Siemer,Young and Manwaring SEEN AND AGREED on behalf of the City of Rancho Palos Verdes,� California, by: A11111-- -WN (Name ' ted) ga0 (Signature (Position) • 23•2.62—% (Date) Page 2 of 4 8/17/2021 ASCE Peer Review Agreement Summary of Peer Review Scope and Terms 1. The review of the Rancho Palos Verdes Public Works Department(PWD)will be conducted in accordance with ASCE's Program Manual for Peer Review for Public Agencies(program manual), adapted to the objectives of the Rancho Palos Verdes Public Works Department. A copy of the program manual has been provided separately and is incorporated by reference. 2. The fee for this review will be a lump sum amount of$15,000.00. The fee includes all ASCE expenses and administrative costs and will be invoiced as one lump sum amount when the written peer review report is delivered. There are no additional fees for expenses incurred by reviewers while on site or by ASCE for coordination and administration of the review. The fee amount is contingent on execution of a peer review agreement no later than 5 weeks prior to the start of the on-site interviews, and the review may be postponed or the fee increased if the agreement is not timely executed. 3. The PWD will provide reference documents to the ASCE coordinator at least 30 days prior to the start of the scheduled on-site interviews. Documents to be provided include those described in Appendix C of the program manual and others as agreed by the PWD point of contact and peer review team leader. 4. The ASCE Administrator will prepare a staff questionnaire and provide a pdf copy and a web link to the PWD point of contact,who is responsible for ensuring that it is distributed to the appropriate individuals. Questionnaire responses will be submitted directly to the ASCE Administrator,who will report the results to peer review team members prior to on-site interviews. Questionnaire responses are considered confidential and will not be reported to anyone other than the ASCE Administrator and review team members. 5. The ASCE Administrator will coordinate one or more teleconferences between PWD leadership and the peer review team to discuss and plan the review and will provide minutes of the call(s)to all attendees. 6. The review team will deliver an oral report to PWD Director Ramzi Awwad before departing from the site visit. If requested by Mr.Awwad,the team may also deliver an oral summary report to key members of the PWD leadership team. If requested,a written report will be delivered approximately 6 weeks after the conclusion of the review team's site visit. Appendix G of the peer review program manual, "Message to the Agency Concerning the Peer Review Final Report"covers what the peer review does and does not represent. 7. ASCE will provide an insurance certificate evidencing Commercial General Liability coverage prior to the review team site visits. Workers Compensation and Employers' Liability will not be provided, as peer reviewers are unpaid volunteers and not employed by ASCE. 8. ASCE will provide a non-disclosure statement signed by each peer reviewer. A copy of the form that will be signed is included as Appendix B2 of the program manual. After the final report has been accepted reviewers and the ASCE Administrator will return or destroy all physical and electronic copies of documents provided by the PWD,staff questionnaire responses, and notes made by reviewers while conducting interviews. Page 3 of 4 8/17/2021 ASCE Peer Review Agreement 9. Exclusions and Limitations The peer review will be based on the information provided by PWD staff, which may or may not be representative of PWD practices. Individuals interviewed,whether suggested by the PWD or chosen at random, may or may not be representative of the PWD. The accuracy and completeness of the conclusions and evaluations of the peer review team are subject to these limitations. The peer review will not address technical aspects of individual projects and will not evaluate the level of technical competence of the PWD or any of its personnel. Documents will be reviewed for conformance with PWD policies and procedures as to work planning, production,and adherence to quality control/quality assurance policies but not for correctness of calculations or technical accuracy. The peer reviewers bring their experience in public agency engineering management but do not purport to represent or utilize national or regional standards for comparison of PWD effectiveness. ASCE makes no representations,guarantees,or warranties,either express or implied,as to the conclusions and recommendations of this peer review,and it disclaims all liability for damages of any kind arising out of the implementation of any recommendation from this peer review or any use of or reliance on any information contained therein. The PWD expressly assumes all risk of any business decision, policy,or practice it implements in reliance on the peer review report and any use it makes of the contents thereof, and hereby releases and discharges ASCE and the peer reviewers from any and all liability for any losses or damages of any kind it may incur by reason of any such business decision, policy, practice,or use. Page 4 of 4 ASCE PEER REVIEW PROGRAM FORM — B2 PEER REVIEWER STATEMENT OF NONDISCLOSURE The undersigned recognizes that as part of the activities associated with the ASCE Peer Review of Public Agencies Program, he/she will have access to confidential information of the Rancho Palos Verdes, CA Public Works Department (Name of Agency to be reviewed) The undersigned hereby agrees that he/she will neither copy nor disclose such information in whole or in part to anyone other than members of the review team and ASCE's Public Agency Peer Review Committee without the prior written consent of the above-named agency, and that documents related to the peer review, including advance materials, work papers, and notes, will be returned to the agency or destroyed. By: r Signature of`Reviewer }chi ) N �,�r\t.0 tm Name (Printed or Typed)) Date Distribution: Copy to Engineer/Director Copy to ASCE Peer Review Administrator Copy to Peer Review Team Leader ASCE Peer Review for Public Agencies Program Manual; Eighth Edition 2018 Page 1 of 1 ASCE PEER REVIEW PROGRAM FORM — B2 PEER REVIEWER STATEMENT OF NONDISCLOSURE The undersigned recognizes that as part of the activities associated with the ASCE Peer Review of Public Agencies Program, he/she will have access to confidential information of the Rancho Palos Verdes, CA Public Works Department (Name of Agency to be reviewed) The undersigned hereby agrees that he/she will neither copy nor disclose such information in whole or in part to anyone other than members of the review team and ASCE's Public Agency Peer Review Committee without the prior written consent of the above-named agency, and that documents related to the peer review, including advance--materials, .rkpapers, and notes, will be returned to the agency or destroyed. By: `Signatur='• Reviewer J a v-T tew e Name (Printed or Typed) Date Distribution: Copy to Engineer/Director Copy to ASCE Peer Review Administrator Copy to Peer Review Team Leader ASCE Peer Review for Public Agencies Program Manual; Eighth Edition 2018 Page 1 of 1 DocuSign Envelope ID:4B6609CA-B8D4-4478-ADA2-939444AAE309 ASCE PEER REVIEW PROGRAM FORM — B2 PEER REVIEWER STATEMENT OF NONDISCLOSURE The undersigned recognizes that as part of the activities associated with the ASCE Peer Review of Public Agencies Program, he/she will have access to confidential information of the Rancho Palos Verdes, CA Public Works Department (Name of Agency to be reviewed) The undersigned hereby agrees that he/she will neither copy nor disclose such information in whole or in part to anyone other than members of the review team and ASCE's Public Agency Peer Review Committee without the prior written consent of the above-named agency, and that documents related to the peer review, including advance materials, work papers, and notes, will be returned to the agency or destroyed. r—DocuSigned by: By: tiew.A.1 l�7RStFCSA AnreRd Signature of Reviewer Benny Young Name (Printed or Typed) 8/13/2021 Date Distribution: Copy to Engineer/Director Copy to ASCE Peer Review Administrator Copy to Peer Review Team Leader ASCE Peer Review for Public Agencies Program Manual; Eighth Edition 2018 Page 1 of 1