CC SR 20211207 J - PSA for Consultant for Facilities Asset Management Program
CITY COUNCIL MEETING DATE: 12/07/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a Professional Services Agreement to Bureau
Veritas, Inc. for engineering services for the City’s Facilities Asset Management Program.
RECOMMENDED COUNCIL ACTION:
(1) Award a Professional Services Agreement to Bureau Veritas to assess City
facilities and to prepare the City’s Facilities Asset Management Program in the
amount of $93,313.75 with a contingency of 15% or $13,997.06;
(2) Award a Professional Services Agreement to Bureau Veritas to provide periodic
data updates related to the City’s Facilities Asset Management Program in the
amount of $2,500 per year and, if needed, up to $17,500 per year of on-call
services for three years, with the option of two one-year extensions;
(3) Authorize the Mayor to execute the Professional Services Agreements in a form
acceptable to the City Attorney; and
(4) Approve an additional appropriation of $7,311 in the Capital Infrastructure Program
(CIP) Fund for the Facilities Asset Management Program services.
FISCAL IMPACT: The CIP for Fiscal Year 2020-21 includes $100,000 for the Facilities
Asset Management Program. An additional appropriation of $7,311
is recommended to cover the project cost including a 15%
contingency in the amount of $107,311.
Amount Budgeted: $100,000
Additional Appropriation: $7,311
Account Number(s): 330-400-8509-8001 (CIP – Facilities Asset Management Program /Professional Services)
ORIGINATED BY: James O'Neill, Project Manager
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with Bureau Veritas for the City’s Facilities
Asset Management Program (page A-1)
B. Professional Services Agreement with Bureau Veritas for ongoing support and
on-call re-inspection services (page B-1)
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CITYOF RANCHO PALOS VERDES
C. Proposal from Bureau Veritas for the Facilities Asset Management Program
(page C-1)
D. Proposal from Bureau Veritas for ongoing support and on-call re-inspection
services (page D-1)
E. Request for Proposals for Consultant Services for the City’s Facilities Asset
Management Program (page E-1)
F. FY 2021-22 Capital Improvement Program Project Sheet for Facilities Asset
Management Program (page F-1)
BACKGROUND AND DISCUSSION:
This item was originally included in the City Council agenda for November 16, 2021 but
was continued at the request of Staff after the proposed consultant discovered an error
in their fee proposal. That error was discovered as the proposed consultant reviewed the
final version of the professional services agreement and prior to signature. Staff has
verified that the correction of the error is appropriate.
The Fiscal Year (FY) 2021-22 Capital Improvement Program (CIP) includes funding to
establish the City’s Facilities Asset Management Program (Attachment F).
On July 16, 2021, the City advertised, utilizing the PlanetBids platform, a request for
proposals (RFP) for services to create a City Facilities Asset Management Program. The
scope of services is more thoroughly described in the attached RFP (Attachment E), and
includes:
▪ Performing a comprehensive inspection of the existing conditions of the City’s main
facilities (less the Ladera Linda Community Park, due to its pending renovation
and replacement)
▪ Creating a formal report that shows:
o Condition of each component of each facility
o Recommended replacements and repairs
o Schedule of routine preventative maintenance
o Associated cost estimates
o Recommendations for prioritization
▪ Presenting drafts to staff, the Infrastructure Management Advisory Committee
(IMAC), and City Council
▪ Finalizing the report, after responding to comments, suggestions and other
feedback from staff, IMAC, and the City Council
Proposals were received from three firms by the August 17 deadline, and an evaluation
panel of three members, comprised of the Director of Public Works, the Maintenance
Superintendent, and the Project Manager, ranked the proposals as follows:
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The evaluation panel concluded that the proposals of two firms scored in a tier above the
third proposal and interviews with the top two firms were conducted on September 14.
After interviews were conducted, the evaluation panel re-scored the proposals from the
two interviewed firms, based on the new information from the interviews, and ranked them
as follows:
The Project Manager then began negotiations with the top ranked firm, Bureau Veritas,
for a lump sum fee proposal and refined scope for the Fac ilities Asset Management
Program (the proposal and fee proposal is Attachment C). Attached for City Council
consideration is the professional services agreement with Bureau Veritas to create the
Facilities Asset Management Program (Attachment A).
The fee of $93,313.75 and contingency of 15% or $13,997.06 equates to a maximum
contract amount of $107,310.81, which exceeds the adopted Capital Improvement Plan
(CIP) budget amount of $100,000 that was based on Staff’s best estimate at the time of
the CIP development. Therefore, an additional appropriation of $7,311 is now needed.
During the scope refinement process, Staff identified the need for ongoing support
services for periodic data updates and on-call services for subsequent re-inspections that
might be needed in future years. In response, a separate proposal was provided by
Bureau Veritas (Attachment D). Accordingly, Staff prepared a second and separate
professional services agreement with Bureau Veritas for ongoing support and on-call
services (Attachment B). Funding for services provided under the ongoing support and
on-call services contract would be included in the operating budget in future years, with
$2,500 annually for periodic data updates and up to $17,500 annually for on -call services.
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Burea u Ver itas Kitch ell Mar k/O ku bo
Average of Raw Average of Average of Raw Average of Average of Raw Average of
Criteria Val ue Scores (0-10 ) pro-rated scores Scores I0-10) p ro-r ated sco r es Sco res (0-10) pro-rated sco res
Ap pr oac h t o Se rv ices 25% 8.7 2.2 8.7 2.2 4.7 1.2
Pro posal Sc hed ule 20% 9.3 1.9 7.3 1 .5 7.0 1.4
St aff Qualifica t ions and Expe r ience 30% 8.3 2.5 8.7 2.6 5.7 1.7
Organiza t ion and St affing 15% 8.3 1.3 8.3 1 .3 6.0 0.9
Qua lit y Control 10% 9.3 0.9 7.7 0 .8 4.3 0.4
Totals 100% 8 .7 8 .3 5 .6
Ranking 1 2 3
Bureau Veritas Kitchel l
Average of Raw Av erage of Av erag e of Raw Av erag e of
Cri t e ria Va lue Scor es (0-10) pro-rated scores Scores (0~10) pro~ra t ed sco res
App roach t o Services 25% 9.7 2.4 8.7 2 .2
Propos al Sch ed ule 20% 9.7 1.9 7.7 1.5
St aff Qual ifica t io ns and Expe ri ence 30"AI 8.7 2.6 8.7 2 .6
Organ iza t io n and St affi ng 15% 8.7 1 .3 7.7 1.2
Qual it y Co nt rol lO"AI 9.3 0.9 7.7 0 .8
Totals 100% 9.2 8 .2
Ra nking 1 2
The project schedule anticipates work starting in December, with final report completion
by April 2022.
ADDITIONAL INFORMATION:
In 2013, the City Council commissioned the preparation of an Infrastructure Report Card
(IRC) to gauge the condition of eight categories of public infrastructure, including public
buildings. The IRC was received and filed by the City Council on May 14, 2014. The IRC
assessment of public buildings focused on the structural/seismic condition, functionality,
and sustainability; whereas the proposed Facilities Asset Management Program is a
detailed condition assessment of each component of every public building along with a
prioritized repair and preventative maintenance schedule designed to keep each building
in a state of good repair at the lowest possible life-cycle cost.
CONCLUSION:
Staff recommends awarding a Professional Services Agreement (Attachments A and B)
to Bureau Veritas, based on its proposal, interview, negotiations with Staff, and resulting
fee proposal.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative action s are available for the
City Council’s consideration:
1. Do not award a Professional Services Agreement to Bureau Veritas and direct
Staff to re-solicit the proposed services.
2. Do not award a Professional Services Agreement to Bureau Veritas and direct
Staff to reduce the scope of the proposed services.
3. Award the Professional Services Agreement to Bureau Veritas for the CIP project,
but do not award an agreement for the proposed on-call services.
4. Take other action, as deemed appropriate.
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01203.0006/749758.1 EQG 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC
for the
FACILITIES ASSESSMENT PROGRAM
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on December 7, 2021, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and BUREAU VERITAS
TECHNICAL ASSESSMENTS, a limited liability company (“Consultant” or “BVTA”). 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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B.Consultant, following submission of a proposal 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”, as stated in the Proposal, 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
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those 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 Proposal 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. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant 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, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant 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. Consultant 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
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) 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 Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant 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. Consultant 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.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) 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 Consultant in excess of 8
(eight) hours per day, and 40 (forty) 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 1½ (one and one half) 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, Consultant 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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Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant 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. Consultant 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. Consultant 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 in the form of a Change Order.
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.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes 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 Change 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 15% (fifteen percent)
of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the
Contract Officer through a written Change Order. 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 Consultants. 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
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.
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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 $93,313.75 (Ninety Three Thousand Three
Hundred Thirteen Dollars and Seventy Five Cents) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services; (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,
and (b) 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, using the City template,
or in a format acceptable to the City, 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 45 (forty-five) days of receipt of Consultant’s correct and
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undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
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 through a Change
Order, but not exceeding 90 (ninety) 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 10 (ten) 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 year
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from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Mark Surdam, Project Manager
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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo or such person as may be designated by the
Director of Public Works. 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
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specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to
sign all documents on behalf of the City required hereunder to carry out the terms of this
Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
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; all subcontractors included
in the Proposal are deemed approved. 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 25% (twenty five percent) 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
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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
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
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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 and continuously maintain 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.
(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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
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(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
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 90 (ninety) 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,
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administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
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
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disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
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.
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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
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
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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 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
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.
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In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. 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. 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
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deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
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,
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and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., 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
72 (seventy two) 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
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of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate 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]
A-21
01203.0006/749758.1 EQG 21
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
Eric Alegria, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
BUREAU VERITAS TECHNICAL
ASSESSMENTS, a limited liability company
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’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.
A-22
01203.0006/749758.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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.
A-23
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□
01203.0006/749758.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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.
A-24
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01203.0006/749758.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
[BEGINS NEXT PAGE]
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151866.21P, p. 3
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Description of Services
Facility Condition Assessment Approach
Project Understanding
Bureau Veritas (BV) understands that the Fac ility Condition Assessment (FCA) for the City of Rancho Palos Verdes
("Client") will:
Include a comprehensive assessment of all sites, build i ngs , building systems , and infrastructure .
The FCA will follow the ASTM E2018-15 Standard Guide for Property Condition Assessments as applicable.
Determine the present conditio n and estimated life expectancy of variou s buildin g system s and components.
Identify and document present condition of all physical assets including grounds, facil ities, and infra structure.
Recommend corrections for all deficiencies and provide co st estimates for corrections.
Prioritize and categorize deficient conditions, associated corrective actions, and information concernin g
building systems and deficiency categories.
Establish anticipated renewal and replacement costs for the va rious systems and components.
Result in strategic plan for capital repairs , lifecycle component replacement, and building modernization.
Calculate the Current Replacement Value (CRV) and Facility Condition Index (FCI ) for ea ch facility.
Establish a protocol for facility condition data to migrate/tran sfer to a CMMS /IWMS system.
Option: Collect Equipment Inventory data for Client properties.
Option: Prepare a Preventive Mainte nance Plan for assets to upload ed to CM MS system.
Property Information -The City has requested the abovementioned services fo r:
Faci l ity Name Notes Ac res SF Address
Civic Cent er 4 buil d ings 30940 Hawt ho rn e Bou levard
Eastvi ew Park restroom 9.90 500 170 0 West mo nt Drive
Frank Hesse, J r. Co mm unity Pa rk co mm un ity ctr 29 .4 0 29 301 Haw t horn e Bo uleva rd
bui ld ing -
excl ud ing
Po int Vin ce nte Int erp retive Cent er restroo ms 28.00 1000 0 31501 Palos Ve rdes Dr W
Ro bert Ry an Co mmu ni t y Park bu il din g 11 .00 30359 Haw thorne Bo uleva rd
Abalo ne Cove sm all bui ldi ng 76 .4 0 5970 Pa los Ve rdes Drive Sou t h
Po rtu guese Bend Nu rse ry Schoo l sc hoo l Beach School Trail
Re st roo m at Peli ca n Cove re st ro om 500 313 00 Palos Ve rde s Drive South
We underst and that a key facto r to performin g Facility Condition As sessments is the eva lu ation of physica l need s
a nd acc urat e forecast in g for ca pital repair and replacem ent b udget s. Pr e-emptiv e measures to m anage
m a inte nance bu dget s and p rog rams are ess e nti al in ens uring th e el i m i n ati o n o f pot ential iss ues, wh ic h ca n range
from deferr ed m aintena nce , or premature replaceme nt o f b uilding sy stems t hat can pro ve costly.
BV's Project App ro ach has been develo ped to address yo u r specific re quire m e n ts . BV h as d emo nstrated experien ce
in th e ass ess ment of va ri o us types of fa cilities r epresen t ati ve t o y our portfolio and und ers t ands th e speci al
impl eme ntati on, sensitiviti es , m a nag eme nt, a nd co m munica ti on associ ated w ith ea ch.
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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Data Gathering and Interview
Our project plan details three distinct phases of the project. During each phase, we will require coordination and
support from facility management.
Data Gathering Phase -During this phase, we will need the support of staff who can provide us access to drawings
and records. The following is a typical list of exhibits requested.
Inspection Reports (sewer, boiler, chiller, etc)
Building Systems Maintenance Records
Owner Elected Repair list (if available)
Original Building Plans (can be viewed on-site)
Capital Expenditure Schedules (prior or planned)
Fire Protection/ Life Safety Plans
Rehabilitation Budget and Scope (draft or final)
Certificates of Occupancy/ Facility License
Prior Assessments
Site Plan/ Floor Plans
Accessibility Transition Plans/ Studies
CMMS / IWMS Data Set
In addition to the drawings and records, we will supply a pre-survey questionnaire for each facility or site. Our
expectation is that someone with knowledge of maintenance and operations of the facility will complete th is survey
and be prepared to discuss it with us while on-site
Site Phase -Du ring the site phase, we will need support in the form of escorts while in the facilities to help us access
mechanical areas, to discuss with us any known issues in the facility, and to answer other technical questions.
Report Review Stage -During the reports review stage -we will provide a complete draft deliverable for each
building/site.
Client Coordination
Project Directory: BV will become familiar with Client's existing property list and contact directory for each
location. We will contact or interview the facilities contacts as part of tour process to determine current use
requirements and priority of properties based on agency goals.
Facility Access: Working with Client we will develop procedures to gain access to each facility. Our visits will be
coordinated and pre-approved by Client prior to the visit. We will work with Client to establish a protocol that will
ensure that our activities will have minimal disruption to the operation of each facility and will maintain a safe work
environment.
Technical Approach
Prior to assessments beginning, BV will conduct a Kickoff session to review requirements and to consolidate
exhibits such as drawings and prior completed reports.
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During the term of the project, BV will conduct regular Progress Meetings to maintain open communication with
the entire project team and Client. In these meetings, BV will lead with an agenda that includes a focus on work
plan, schedule, and project needs. This will permit the opportunity to proacti vely address challenges encountered ,
so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals
to be met. BV will provide Client with a written status report that tracks and monitors the progress of the
assessments against the schedule submitted.
BV has allocated the following meetings: Kick Off Meeting, I MAC Meetings (2), Staff Meetings (3 ), and a Final Findings
Council Presentation meeting. Any additional in-person meetings will be on a time and expense basis.
Field Assessments
The assessment team will conduct a walk-through survey of the facility and site to observe systems and
components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies.
As a part of the walk-through survey, the assessment team will survey 100% of each facility. BV will survey the
exterior and grounds, including the building exterior, roofs, sidewalk/pavement, and recreational /other areas
as applicable.
The assessment team will interview the building maintenance staff about the subject property's historical
repairs and replacements and their costs, level of preventive maintenance exercised , pendin g repairs and
improvements, and frequency of repairs and replacements.
The assessment team will develop opinions based on their site assessment, interviews with Client's building
maintenance staff, and interviews with relevant maintenance contractors , municipal authorities, and
experience gained on similar properties previously evaluated. The assessment team may also question othe rs
who are knowledgeable of the subject property's physical condition and operation or knowledgeable of similar
systems to gain comparative information to use in evaluation of the subject property.
The assessment team will review documents and information provided by Client's maintenance staff that could
also aid the knowledge of the subject property's physical improvements, extent and type of use, and /or assist
in identifying material discrepancies between reported information and observed conditions.
The facility condition assessment will focus on the following facility and site systems and components:
Site+ Infrastructure
Topography: Observe the general topography and note any unusual or problematic features or conditions
observed or reported.
Paving, Curbing, and Parking: Identify the material types of paving and curbing sy stems at the subject
property.
Flatwork: Identify the material flatwork at the subject property (sidew alks, plazas, patios, etc.).
Landscaping and Appurtenances: Identify the material landscapin g features, mate rial t ypes of landscapin g
(fences, retaining walls, etc.), and site appurtenances (irrigation syst em s, founta in s, li ghting, si gnage, pond s,
etc.).
Utilities: Identify the type of utilities provided to the property (water, elect ricity, natural gas, etc.). We w ill
asse ss condition, physi cal deficien cies, life cycle repair, and replacement issue s.
Recreational Facilities: Identify any material on-site re creational fa cilities such as athletic field s, swimming
pool s, spas, tennis or basketball courts, jogging or bi cycle paths, etc . Obse rv e the general condition s and note
any reported physical deficiencies or any unu sual items or conditions observed or reported.
Structural Frame+ Building Envelope
Identify the materi al elements of the structural frame and exter ior w alls, including the found at io n system, floor
framin g system, roof framin g system , fa ca de or curtain -w all syst em , gl azin g syst em , ex t erior sea lant, do o rs,
commercial overhead doo rs, sliders, windows, and stai rw ays, etc.
Ob serve the general conditions and note any physical defi cien cies identified o r any unusua l items o r conditions
observed . Observations may be subject to grade, and rooftop vantage points.
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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Visual inspection of observable areas for cracking and moisture infiltration as well as areas of apparent
foundation settlement and displacement.
In the event more information or exploratory testing is required, in order to provide remedial measures , the
report may include recommendation for additional investigative testing (Tier 1 or Tier 2).
Wall Evaluation
Photograph elevations and details both from internal and external vantage points, as well as from adjacent
structures where possible.
Observe representative operable and fixed panels on all facades, operating a representative sample of units to
assess hardware, and to visually inspect exterior conditions and the condition of waterproofing seals.
Assess curtain wall condition to determine water infiltration, damage, caulk degradation , metal panel
degradation, stone degradation and anchoring, and other related curtain wall issues.
Curtain Wall -As Required
Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review
exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders,
scaffolding, suspension devices, or the like; this may include observations from internal and external vantage
points, as well as from adjacent structures. Observations are limited to grade and may include accessible
balconies or rooftop vantage points.
Review provided drawings and records of repair, replacement, and maintenance of framing and glazing
Roofing (Non-Invasive Visual)
Identify the material roof systems including roof type , reported age, slope, drainage, etc. Also identify any
unusual roofing conditions or rooftop equipment.
Observe the general conditions of the roof system such as membranes, attachment methods, flashings, counter
flashings, pitch pans, gravel stops, parapets, miscellaneous appurtenances, insulation, etc.
Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a roof
warranty is in effect. Note any physical deficien cies identified or any unusual items observed or reported.
Identify the material rooftop equipment or accessories including antennas, lightning protection, HVAC
equipment, solar equipment, etc. Include any material problems reported.
Plumbing
Identify the material plumbing systems at the subject property including domestic water supply, sanitary sewer,
or any special or unusual plumbing systems (such as water fe ature s, fuel systems, gas systems, etc.).
Identify the type and condition of restroom fixtures, drinking fountains and /or other miscellaneous plumbing
equipment.
Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions
observed. Include any reported material system inadequacies.
OPTION: CCTV Sewer and Water Line Scoping
BV will coordinate the sewer scoping of 10% of the lines of the subject property's sanitary sewer lines -up to 20
lines. The scoping will be performed from an available clean-out outside the building to the m ain line (ass umed to
be 4" line) for roughly 150-200' and/or no more than two (2) hours of video inspection per line.
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The information we will capture will be as follows:
Diameter of sewer line piping (i.e., 4-inch, 6-inch, etc.)
Material type of each sewer line pipe that is scoped. {PVC, copper, galvanized steel, etc.)
Any issues/concerns that were observed during the scoping (cracks, bellies, build-up of debris/solids, etc.)
Cost recommendations for observed issues/concerns as Rough Order of Magnitude cost ranges (these are not
intended to be cost estimates, merely budgetary ranges for cost planning purposes).
BV will provide a copy of the video and report summarizing our findings. The report will include a description of the
type of pipes on location, diameter of piping, identify any issues and includes ROM (Rough Order of Magnitude) cost
to repair, or replace.
Heating
Identify the material heat generating systems at the subject property.
Observe the general conditions, identify the reported age of the equipment, note past material component
replacements/ upgrades, note the apparent level of maintenance, and identify if a maintenance contract is in
place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of the
condition to the extent reasonably possible.
Identify and observe any special or unusual heating systems or equipment present (such as fireplaces, solar
heat, etc.) and note any reported material problems or inadequacies.
Air-Conditioning+ Ventilation
Identify the material air-conditioning and ventilation systems at the subject property. Include material
equipment such as cooling towers, chillers (include type of refrigerant used), package units, split systems, air
handlers, thermal storage equipment, etc.
Identify the material distribution systems (supply and return, make-up air, exhaust, etc.) at the subject property.
Observe the general conditions, identify the reported age of the equipment, note past material component
upgrades/ replacements, note the apparent level of maintenance, and identify if a maintenance contract is in
place (and the name of the contractor). If air-conditioning and ventilation systems are not operational at the
time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible .
Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions
observed. Additionally, include any material reported system inadequacies or operating deficiencies.
Identify and observe any special or unusual air-conditioning and ventilation systems or equipment (cold storage
systems, special computer cooling equipment, etc.) and note any material reported problems or system
inadequacies.
Electrical
Identify the electrical service provided and distribution system at the subject property. Include material
switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lightin g
systems, and other such equipment or systems .
Observe general electrical items such as distribution panels, type of wiring, energy management systems,
emergency power, lightning protection, etc.
Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions
observed . Al so note the presence of any special or unu sua l electrical equipment, systems, or devices at th e
subject property, and include reported material problems or system inad equacies.
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OPTION: Expanded Electrical Infrared Thermographic Survey
Provide infrared inspection service for equipment, wiring, and controls to identify potentially faulty overload
protection devices or poor connections. Specific attention should be given to main electrical panels,
transformers, disconnects, and HVAC equipment rated at 600 volts or less.
The report will document all equipment tested and include photos of infrared tests and areas of excess heating,
damage, or missing equipment in question. The report will also show temperatures of areas of concern, possible
causes, and suggestions for repair to the equipment in question.
Life Safety+ Fire Protection
Identify the material life safety/fire protection systems at the subject property, including sprinklers and stand
pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers,
emergency lighting, stairwell pressurization, smoke evacuation, etc.
Observe the general conditions and note any material physical deficiencies identified or any unusual items or
conditions observed or reported including any reported system inadequacies.
Elevators+ Vertical Transportation
Identify the vertical transportation systems at the subject property. Include the equipment manufacturer,
equipment type, location, number, capacity, etc.
Observe elevator cabs, finishes, call and communication equipment, etc.
Identify the company that provides elevator/ escalator maintenance at the subject property. Observe the
general conditions and note any physical deficiencies identified or any unusual items or conditions observed or
reported including any reported material system inadequacies.
Out of Scope Issues : Performing any calculations, examination of operating system components such as cables,
controller, motors, etc. Entering elevator/escalator pits or shafts.
Interior Elements
Identify offices, special use areas and building standard finishes, including flooring, ceilings, walls, etc.
Furnishings and fixed components will be reviewed and included in the cost estimate tables for replacements.
Additionally, BV will identify material building amenities or special features.
Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions
observed or reported .
Food Service Spaces and Equipment
Assess all Food Service equipment and spaces including kitchen, cafete ria, and dining and serving areas. Food
service equipment (fixed equipment) will be evaluated for adherence to life/ safety code and ventilation
requirements as well for condition and capital replacement.
Special Systems and Equipment
Include all special systems and equipment, such as Emergency Medical Systems (EMC), chillers, radio towers,
equipment lifts, chair lifts, chemical storage or trea tment areas, stora ge tanks, dumbwaiters , va ults, public
address systems, and telephone systems .
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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Limited Accessibility Compliance
Provide a general statement of the subject building's likely compliance to the Americans with Disabilities Act to
help identify whether Client may be exposed to issues and whether there is the need for further review .
Suspected Fungal Growth
BV will perform a limited assessment of accessible areas for suspected fungal growth.
If we discover the presence of mold, conditions conducive to mold growth, and/or evidence of moisture,
elevated relative humidity, water intrusion, and mildew-like odors -the affected areas will be photographed
and recommendations for any additional moisture intrusion studies will be made.
Environmental Features
BVwill review environmental features of the property, to include appearance, cleanliness, acoustics, ventilation,
and humidity.
Lead-based Paint
A review of existing testing data and other documentation regarding lead-based paint that is available onsite is
included in the cost of the Facilities Condition Assessment. BV will evaluate physical condition and will develop
cost estimates for remediation of paint necessitated by pending renovations.
BV has the capability to provide a licensed lead-based paint inspector to conduct testing using an x-ray
fluorescence analyzer at the Project as an additional service. The instrument is completely non-destructive and
yields instantaneous results.
Asbestos
A review of existing testing data and other documentation regarding asbestos that is available onsite is included
in the cost of the Facilities Condition Assessment. BV will evaluate physical condition and will develop cost
estimates for remediation of asbestos likely to be disturbed by renovations.
If asbestos testing is requested, BV will provide a licensed asbestos inspector to collect samples of suspect
asbestos-containing materials at the Project as an additional service. Scope of this sampling will be determined
after review of existing data, costs will be based on daily rate plus the cost of analysis.
Energy Conservation Analysis
As part of the analysis of all evaluated systems mentioned above, BV will consider energy conservation savings
when making repair or replace recommendations and include these projects in the project prioritization.
BV can provide as additional services an Energy Audit (ASHRAE Level I, II, or Ill) or Benchmarking (E nergyStar)
services.
Ranking and Classification
Based upon our observations, research and judgment, along with consulting commonly accepted empirical
Ex pected Useful Life (EUL) tables; BV will render our opinion as to when a system or component will most
probably necessitate replacement.
Acc urate hi storical replacement record s provided by the facility m anager are typi ca lly the best source for this
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data. Exposure to the weather elements, initial system quality and installation, extent of use, the quality and
amount of preventive maintenance exercised are all factors that impact the effective age of a system or
component. As a result, a system or component may have an effective age that is greater or less than its actual
age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age.
Condition Ranking of Building Systems/ Equipment
BV can rate the condition of each facility building system or component with this or another Client-specified five-
point scale:
5
4
3
2
1
Excellent
Good
Adequate
Marginal
Poor
No visible defects, new or near new condition, may still be under warranty if
applicable
Good condition, but no longer new, may be slightly defective or deteriorated , but
is overall functional
Moderately deteriorated or defective, but has not exceeded useful life
Defective or deteriorated in need of replacement; exceeded useful life
Critically damaged or in need of immediate repair; well past useful life
BV can also include alternative categories to rank and weight priorities as required by the Client, such as
functional deficiencies, aesthetics, time-based urgencies, and other mission critical factors.
Priority Classes
The analysis will include all cost observations ranked by Priority Classes. The five classes below are typical but
can be altered to meet your specifications and needs:
Priority 1: Currently Critical (Immediate): Requiring immediate action including a cited safety hazard and areas
of accelerated deterioration, returning a building component to normal operation.
Priority 2: Potentiaffy Critical (Year 1): Requiring action in the next year including components experiencing
intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to
normal operation.
Priority 3: Necessary -Not Yet Critical (Years 2-3): Requiring appropriate attention to preclude predictable
deterioration, potential downtime, additional damage, and higher costs to remediation if deferred further.
Priority 4: Recommended (Years 4-10, 15, 20): Representing a sensible improvement to the existing conditions
(not required for the most basic function of the facility; however, will improve overall usabilit y and /o r reduce
long-term maintenance costs).
Priority 5: Does Not Meet Current Code but "Grandfathered": No Action required at this time but should
substantial work be undertaken correction would be required.
Unformat Categories
The deficiencies observed will be classified into categories such as those below using the Uniformat System:
AlO Found ations
A20 Basement Construction
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B10 Superstructure
B20 Exterior Enclosure
B30 Roofing
Cl0 Interior Construction
C20 Stair
C30 Interior Finishes
DlO Conveying
D20 Plumbing
D30 HVAC
D40 Fire Protection
D50 Electrical
ElO Equipment
E20 Furnishings
FlO Special Construction
F20 Selective Building Demolition
Cost Estimating
BV's cost estimating database is comprised of RS Means data and further customized with proprietary cost tables
developed by BV, based on historical and localized actual costs. BV maintains and updates our Uniformat-based
cost estimating system with information received from the field. Through construction monitoring work, we have
current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows us to
calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means'
models.
Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair
or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency,
and the capital needs analysis will be presented as an Excel-based cost table that includes a summary of the
description of each component, the age and estimated remaining useful life, the anticipated year of repair or
replacement, quantity, unit cost and total cost for the repair of each line item.
A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs fo r all
buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but
may at Client's option, also include project management costs, construction fees , and design fees. Project
management costs, construction fees, and design fees will be derived using actual costs from previous projects.
After determining these costs, we will confirm these costs with your staff.
Report Deliverables
BV will provide a report including a description of each of the building components an d systems as described in the
approach sections above. Each report is organized by building system and will include digital photos of major
systems and components and of all deficiencies identified. Reports will include current and anticipated repairs and
deficiencies, recommended repair and component life-cycle replacements, and applicable options for repair or
maintenance of building components.
The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair.
The format of the database will allow for reporting by buildin g, by system, or by priority for repair, and a yea r-by-
year analysis of capital needs.
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Facility Condition Index
A Facility Condition Index will be calculated for each building. This index will be a function of required repairs
compared to building replacement costs. The Facility Condition Index will be generated from the data
collection/capital planning database and will be updated as components age or are replaced.
Capital Plan
Reports will reflect a 5 year capital plan based on BV's 20-year building system evaluation. The analysis will include
a cost table sorted by building and system and ranked by priority for repair. Tables will allow for the customization
of reporting and a year-by-year capital needs analysis . The report will include:
An Executive Summary with graphic presentation of results to provide a quick, user-friendly summary ofthe
property's observed condition and estimated costs assigned by category. These estimated costs shall be
cross-referenced to report sections where an elaboration of cost issues will be presented.
Components observed that are exhibiting deferred maintenance issues and estimates for immediate and
capital repair costs based on observed conditions, available maintenance history and industry-standard
useful life estimates. If applicable, this analysis will include the review of any available documents
pertaining to capital improvements completed within the last five-year periods, or currently under contract.
BV shall also inquire about available maintenance records and procedures and interview current available
on-site maintenance staff.
Recommended schedule for replacement or repairs (schedule of priorities).
Digital photographs for the buildings including photos of deficiencies.
General description of the property and improvements and comment generally on observed conditions.
Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis.
Facility Condition Index (FCI) number for the building.
BV will submit draft reports electronically via PDF format and once approved and finalized , a program summary
report is provided to include a roll-up of all prioritized capital needs across all facilities. All electronic copies of the
report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices.
Deficiency Categories/ Plan Types
Each deficiency identified in the Assessment shall be classified in the following manner (or othe r Client defined
categories):
Category 1-Scheduled Maintenance: Maintenance that is planned and performed on a routine basis to
maintain and preserve the condition.
Category 2-Deferred Maintenance: Maintenance that was not performed wh en it was scheduled or is past its
useful life resulting in immediate repair or replacement.
Category 3 -Capital Renewal: Planned replacement of building systems that have reached the end of their
useful life.
Category 4 -Energy and Sustainability: When the repair or replacement of equipment or systems are
recommended to improve energy and sustainability performance.
Category 5-Security: When a system requires replacement due to a security risk or requirement.
Program-wide Report
In addition to each building report, BV will develop a Program -wide Report that includes a ra nked sys tem-wide
Capital Plan for all facilities with programmatic conclusions and re commendations.
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The Program Report includes a brief narrative description of each facility/building component and system, and
discusses the current, anticipated repairs, deficiencies, and of all buildings assessed. The Program Report analyses
will include tables sorted by building system and ranked by priority for repair. The format of the tables will allow
for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year-by-year analysis
of capital needs.
Sustainability Efforts -Digital Reports
BV regularly takes measures to minimize impacts to the environment in the delivery of services. In lieu of printing
reports and meeting minutes, BV makes an effort to be stewards of the environment by using digital distribution
for materials. When appropriate, we suggest that in-person meetings be done by teleconference or video
conference -in order to reduce our carbon footprint.
Assessment Software: AssetCALC™
BV will utilize AssetCALC™ as its platform for all data collected on this project. AssetCALC™ is a cloud platform
developed, licensed, maintained, and supported solely by BV for our clients. The use of this software is at your
option and there are no licensing fees for this software for one (1) year.
AssetCALC™ is a web-based SQL database platform that enables users to:
query, edit, and analyze their facility condition data
plan immediate and short-term repairs
budget capital expenditures throughout the life-cycle of a building or an entire portfolio
The system unites BV's experienced field data collection methods with advanced planning and reporting tools,
construction cost libraries, location mapping (GIS) features, digital photo management, and document storage.
Data Development
AssetCALC™ includes a configurable facility hierarchy and asset data architecture -this will include all of
your assets grouped based on site location, asset group, and function.
Data can be exported to an Excel, XML, or an ODBC database format compatible for upload into your
CMMS, EAM, IWMS, or work-order systems.
Features Include:
Facility Condition Assessment access:
Component/system descriptions
Locations
Conditions and EUL/RUL
Repair and replace recommendations
Digital photos
Search and Sorting Functionality
Prioritization of maintenance projects
UniFormat 2010 Cost Database
Project Budgets and Capital Plans
Unlimited concurrent user licensing
Secure IT platform and back-ups
Client is the owner of data collected and residing in the database
Online User Training and Documentation
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Reporting:
AssetCALC™ includes more than a dozen standard options for data summaries and reports:
Facility Condition Index (FCI) Calculation Reporting
Rank and Prioritize Capital Improvement Projects
Deferred Maintenance Backlog
Facility Queries (by building, priority, system, or dollar deficiency amount)
Capital Budget Planning
Yea~b~YearCaprtalNeedsAna~s~
5, 10, or 20-Year Replacement Reserve Reports
Custom 3rd party form automation available
Screen Shots
Actual screen shots of BV 's AssetCALC™ Database and a live demo are available upon request.
Integration with CMMS/IWMS
BV will be delivering to Client a live asset management plan that can be maintained and kept up-to-date by staff.
BV will provide training to staff on maintaining the on -goin g monitoring pro gram to t rack facilities, work pe rformed ,
re-prioritization of maintenance projects, and how to update this information in the database.
The data from the FCA can be ex ported for data migration to most CMMS/IWMS systems . BV can export the data
from our data collection tool to a compatible format (Excel Spreadsheet, Access Database, or SQL format) to be
used by the Client's IT department for future integration. Onc e your CMMS provid es us with th eir fi eld maps -we
can match their data fields and provide a data file for manual upload by your CMMS into their system. BV has
created several cu stom AP ls to transfer our data directly into some third party sy stems.
Option: Equipment and Asset Inventory
During the assessment, each field team will be responsible for collection and storing the inventory and condition
assessment dat a in an electronic format that i s readily transferable to a standardize d CMMS /IWMS system .
BV will collect information on the major pieces of facility equipment. Specifically, the data collection will focus on
the following components:
HVAC (level of d etail for which Preve ntive Maintenance would be p e rform ed)
Heating System
Id entify boilers, fu maces, unit heate rs and m ajorlabe led equipment
Ventilation System
Identify the major labeled equipment; exh a ust ho ods, fan s
Ai r Conditioning System
Electrical
Id entify the m aterial air-conditioning components, includin g coolin g t owers,
compres sors, chille rs, package un its, roo f top un it s, split sys t em s and m ajor label ed
equipment. Excluded are window units, terminal units, VAV bo xes, and the rmostatic
controls
Major panels only-for identification to track m aintenan ce
Transformers
Switch gea r
Equipment
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Building Automation System
Plumbing
Pumps external to HVAC systems
Domestic Hot Water heaters over 80 gallons
Other major labeled equipment
Commercial Kitchen-major equipment (above approximately $2000 value)
Walk-in freezer and refrigerator equipment
Ovens, stoves, broilers, grills
Ice makers and ice bins
Reach-in refrigerators and freezers
Dishwashers
Fryers
Vertical Transportation
Life Safety/Security
High Level (system level) only-for identification to track maintenance
Alarm Panels
Emergency generators
Exhaust hood fire suppression
Where appropriate, the following data will be collected for each component:
Location data
Serial Number
Manufacturer
Manufactured Date
Option: Barcoding / QR Coding
For the above referenced equipment, BV will apply a durable barcode / QR code with a unique number for use as
an identifier in the CMMS system. We will use a vinyl tag for indoor applications, and a durable foil tag for outdoor
use. Barcode / QR code numbers will be recorded in the database and all future work orders etc., and can be tied
back into a single piece of equipment or system.
Option: Preventive Maintenance Schedules Service
BV will provide preventive maintenance (PM) schedules for the equipment listed in the equipment inventory
provided by client. Preventive maintenance schedules will include the following info rma tion:
Safety precautions specific to the recommended PM instructions
Description of tools required for recommended PM instructions. Tool list will not be exhaustive but
identify common tool sets and specialty tools required for tasks.
Recommended preventive maintenance instructions and frequencies specific to the equipment
classification and type. PM instructions are based on the following sources:
Prevailing national standards
Survey of Common Manufacturers recommendations
Industry best practices
Estimated labor hours required to complete each PM work order
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BVwill provide the PM schedules in spreadsheet format suitable for upload into clients CMMS. Spreadsheet will also
contain analysis of PM labor hour requirements for use by client for planning purposes. BV will review PM schedules
with client and adjust frequencies and start dates as required to meet clients' needs and match available resources .
Seismic Risk Analysis
BV will perform a seismic risk analysis of the subject property and provide a professional opinion of the estimated
damage that may result from a seismic event that has a 10-percent chance of exceedance in a 50-year exposure period,
or a 475-year return period. BV's professional opinion of the seismic risk is expressed as a seismic loss damage ratio. The
assessment will utilize the ASTM Standard E2026-16a and E2557-16a definitions for Scenario Expected Loss (SEL-osrl and
Scenario Upper Loss (SUL-08£). The seismic loss damage ratio (commonly referred to as Probable Maximum Loss -PML )
will be defined by the ASTM E 2026-16a term, Scenario Expected Loss Design Basis Earthquake (SEL.oeE) as follows:
Scenario Expected Loss (SEL-osE) is defined as the estimated mean (expected) building damage loss (Commonly
referred to as the Probable Maximum Loss, PML) to a building resu I ting from a specified seismic induced ground
motion, with a 10% probability of exceedance in 50 years (475-year Design Basis Earthquake peak ground
acceleration).
Scenario Upper Loss (SUL-08£) is defined as the estimated 90 th percentile confidence level loss in which 9 out of
10 buildings would not exceed the specified upper limit damage loss resulting from the specified seismic
induced ground motion (475-year Design Basis Earthquake peak ground acceleration).
The process involved in determining the seismic loss assessment value is not exact, and is subject to various estimates
and projections. Among the inexact parameters are the underlying soil response, the characteristics of the projected
earthquake, the influence of the path of seismic waves from the ground fault to the site, and the building's actual
structural response. At present, there is no universally accepted methodology for estimating seismic structural risk. To a
large degree, the method chosen depends on the subjective interpretations and judgments of the professional engineer,
and on prevailing consensus in the engineering profession as to which methodology might yield better results given
certain assumptions.
BV's analysis employs the damage prediction method developed by Charles C. Thiel, Jr., and Theodore C. Zsutty (see
their article entitled "Earthquake Characteristics and Damage Statistics ", Earthquake Spectra, vol. 3, no. 4, November,
1987). The method correlates the expected damage estimate to a statistical model, which combines historical
earthquake damage records, expert opinion data from Applied Technology Council damage curves (ATC-13), peak
ground acceleration, soil characteristics and the structural system. Sources of analytical data will include ground fault
and acceleration data provided by the U.S. Geological Survey Probabilistic Seismic Hazard data base, as well as general
ground fault and soil data obtained from applicable geologic and fault activity maps.
BV's basic seismic risk analysis will include evaluation of the following site and facility parameters:
(a) Perceived quality of the original design (neither quantitative measurements nor design ca lculations are
performed in this phase);
(b) Perceived quality of construction, including a visual verification of th e presence of a lateral-load resisting
stru ctu ra I system, as well as structu ra I retrofitting (if applicable);
(c) Building characteristics, including structural system classific ation , number of stories, date of construction,
foundation type, and perceived structural irregularities. The building data so obtained will be evaluated in light
of published consensus on the recorded performance of similar buildings durin g pa st seismic events .
(d) Site characteristics, including proximity to ground faults, the earthquake-magnitude (and resulting horizontal
ground acceleration) risk posed by such faults, and the type of soil in the general area (neither geotechnical
investigations nor ground-water level determinations are pe rformed in this phase).
Document and Structural Drawing Review: BV will review Client-supplied documents such as structural and
architectural drawings, geotechnical reports, and repair/retrofit documents which are made available p rior to
completion of the assessment. The information and conclusions presented in such documents will be pres umed to be
true and correct. BV requests copies of the architectural and structural construction drawings and the project
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geotechnical report.
Levels oflnvestigation: The ASTM E2026 Guide defines four levels (Level 0, 1, 2 and 3) of investigation as discussed below .
In general, Level 0 is reserved for use as a screening tool to determine whether a single property or portfolio of properties
warrant more detailed investigation. Level 1 incorporates a site visit and engineering evaluation by a qualified, licensed
engineer to identify material deficiencies and structural design details that affect the expected seismic performance.
Level 2 and 3 incorporate additional engineering evaluation and modeling of the building structural system , and are not
proposed as part of this scope of work.
The following are BV's standard target levels of investigation for Level 0 and Level 1 SRAs :
ASTM E 2026-16a Investigation Component LevelO SRA Level lSRA
Ground Motion Level 1 (GMl) Level 1 {GMl )
Site Stability Level 1 {SSl) Level 1 (SSl)
Building Damageability Level 0 {BD0) Level 1 (BDl)
Building Stability Level 0 (BSO) Level 1 {BSl )
Content Damageability n/a n/a
Business Interruption n/a n/a
Levels of individual investigation components may be adjusted based on availability of information.
Report Limitations: BV furnishes no warranties, certifications or guarantees as to the structural integrity of the building
studied, or how the building will actually fare in the event of an earthquake, or that the subject building is safe to occupy
and use. Furthermore, BV's seismic risk analysis does not account for the possible loss of equipment, inventory, or other
personal property, monetary loss due to business interruption, or other dama ges that may result from a seismic event.
Proposed Billing Schedule of Values
T he pricing stated herein is fixed p rice for the scope detailed herein. BV will invoice monthly for work completed
in prior month. BV will invoice 95% of allocated fees for submittal of draft report and 5% balance upon submittal
of final reports. This is done as a conveni e nce to client and does not reflect a ny red uctio n i n total fee in ev ent
client does not pursue final reports. An invoice for the 5% balance will be submitted upon submittal of fin al
reports or 60 days from submittal of draft reports whichever is sooner. All invoices will be payable within 30 days
or upon the closing of the transaction, whichever comes first. BV proposes the following billing schedule:
Proje ct Start-Up, Ki ck-Off, and Assessments 45 %
Draft Reports (invoiced monthly) 50%
Fin al Report and Review 5%
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01203.0006/749758.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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01203.0006/749758.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
A-42
Service(s) Lump Sum Fee(s) USO
Facility Condition Assessment $36,839.75
Opt ion : Asset Inve nto ry fo r CM MS $ 2,500 .00
Option: Preven t ive Mai nte nance Ro utines/ Schedule $ 3,500.00
Option: Seismic Risk Analysis (PML) $1950 per site X 8 $15,60 0.00
Opt io n: Expanded Electrical Infrared Thermograph ic Survey $6,510.00
Option: CCTV -Budget (u p to 20 l ines) $6,160.00
Option : Barcode/Tagging -including Labe ls (qty 100 0) $2 ,364.00
01203.0006/749758.1 EQG D-1
EXHIBIT “D
A-43
Timing
BVTA 's report (s) wil l be de livered wit hin 40-45 full business/working days (7-8 weeks)
01203.0006/749759.1 EQG 1
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC
for the
FACILITIES ASSESSMENT PROGRAM
B-1
01203.0006/749759.1 EQG
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into on December 7, 2021, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and BUREAU VERITAS
TECHNICAL ASSESSMENTS, a limited liability company (“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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B.Consultant, following submission of a proposal 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”, as stated in the Proposal, 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
B-2
01203.0006/749759.1 EQG 2
those 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 Proposal 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. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant 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, Consultant
acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem
wages, and Consultant 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. Consultant 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
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
B-3
01203.0006/749759.1 EQG 3
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 Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant 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. Consultant 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.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) 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 Consultant in excess of 8
(eight) hours per day, and 40 (forty) 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 1½ (one and one half) 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, Consultant 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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Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant 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. Consultant 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. Consultant 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 in the form of a Change Order.
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.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes 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 Change 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 15% (fifteen percent)
of the Contract Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the
Contract Officer through a written Change Order. 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 Consultants. 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
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.
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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 $100,000 (One Hundred Thousand Dollars) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.9. Annual
compensation shall not exceed $20,000 (Twenty Thousand Dollars).
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services; (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,
and (b) 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, using the City template,
or in a format acceptable to the City, 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 45 (forty-five) days of receipt of Consultant’s correct and
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undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
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 through a Change
Order, but not exceeding 90 (ninety) 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 10 (ten) 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 three
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years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”). The City may, in its discretion, extend the Term by two 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:
Mark Surdam, Program Manager
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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Ron Dragoo or such person as may be designated by the
Director of Public Works. 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
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specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to
sign all documents on behalf of the City required hereunder to carry out the terms of this
Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
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; all subcontractors included
in the Proposal are deemed approved. 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 25% (twenty five percent) 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
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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
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
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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 and continuously maintain 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.
(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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
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(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
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 90 (ninety) 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,
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administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or
indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
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
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disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant’s business,
custody of the books and records may be given to City, and access shall be provided by
Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
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.
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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
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
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01203.0006/749759.1 EQG 16
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 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
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.
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01203.0006/749759.1 EQG 17
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. 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. 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
B-18
01203.0006/749759.1 EQG 18
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
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,
B-19
01203.0006/749759.1 EQG 19
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., 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
72 (seventy two) 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
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01203.0006/749759.1 EQG 20
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate 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]
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01203.0006/749759.1 EQG 21
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
Eric Alegria, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
BUREAU VERITAS TECHNICAL
ASSESSMENTS, a limited liability company
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’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.
B-22
01203.0006/749759.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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 co uld
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.
B-23
□ □
□ □ □ □ □ □
□
01203.0006/749759.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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 p aragraph 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.
B-24
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□
01203.0006/749759.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
B-25
B-26
151866.21P, p. 2
11/8/2021
Description of Services
Asset Management Consulting
1) Ongoing Consulting Support-$2.500 per annum
a. BV will put in place a program to provide annual support of the capital budgeting program and the
upkeep of the AssetCALC database
b. Annual review of database -updating all completed projects -setting up replacement components,
tracking replacement costs, actual vs budget
i. Update will include reviewing documentation and interview with regional managers will be
contacted and interviewed to determine if projects in the short-term plan have been
completed.
c. Update of unit costs in the AssetCALC cost library-reconcile BV cost library against current RSMeans
or other national database.
d. Data will be migrated to CityWorks.
2) Includes 1 year of AssetCalc subscription per annum.
On-Call Inspection
BV is available to the City of Rancho Palos Verdes for as-needed assessment, inspection, and plan review services .
Disciplines include Architectural, Structural, Civil, Mechanical, and Electrical. BV will provided City with prioritized
emergency response timing (48 hour or less).
Team Role Hourly Ra t e ($)
Pro j ect Executive $175.00
Program Manager $135.00
Pro j ect Manager I / Assesso r $115.00
Pro j ect Manager II / Assessor/ CASp $125.00
Qua li t y Contro l Manager $135.00
Techn ica l Repo rt Reviewer $105.00
Administrative $60.00
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OWINGS MIL LS, MD 2lll 7
P 800 .733 .0660 I F 410 .785 .6220 I WWW.US.BUR EAUV ERITAS .CO M
01203.0006/749759.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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01203.0006/749759.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
Consultant shall perform the annual services at the following rates:
Additional on-call inspection services as requested by City, will be completed at the
following rates, not to exceed $17,500 per year.
B-28
Asset Management Consu lting
Opt ion: CityWorks Reconcil iat ion • $2500 -one year + AssetCalc
On Call Se rvi ,oe s
I-
Proj e ct Ex ecut ive
Progr.a m M an ag e r
Proj e ct M an ag e r 1 / A.s ses.sor
Proj e ct M an ag e r II/ Assessor/ CA.Sp
Qu ality Control M an ager
Technic al Re port Revi ew e r
Ad mini st ra t i v e
I-
I-
I-
+
+
-tt ot h ours Rat e/hr
5 $175.00
+
10 $B5.00
50 $115 .00
50 $125 .00
12 $B5.00
10 1 $105.00
■
10 $ 180.00
+
T&E -See Rate Schedu le
S 2,500.00 / annua l
t
$ 2,500.00
$ 875 .00
$ 1,350.00
$ 5,750 .00
$ 6 ,250 .00
$ 1,620.00
$ 1,050.00
$ ,800.00
$17,495,.00
f
01203.0006/749759.1 EQG D-1
EXHIBIT “D
Annual reconciliation of CityWorks and additional year of AssetCalc access no later than June 1st
of each year
B-29
C-1
November 8, 202 1
Via Email: jo neill @rpvca.gov
Mr. J ames O'Neill, Proj ect Manager
City of Rancho Palos Ve rdes
30940 Ha wth o rn e Bo uleva rd
Ran cho Pa los Verd es, Ca lifo rn ia 902 75
RE: City of Rancho Palos Verdes -Facilities Assessment Program
Pro posa l No: 15 1866.21 P - rev3
Dear Mr. O'N e ill:
BUREAU
VERITAS
We are pleased t o provid e City of Rancho Palos Verdes (herei nafter referred t o as "Cli en t ") w ith t he fo llowin g p roposa l. If
accepted, Burea u Ve ri tas Technica l Assessme nts LL C (h e re inafter referred to as "BVTA") w ill per fo rm the se rvices listed b el ow
(co llective ly, t he "S ervi ces") meeting the spec ifica tions hereaft er describ ed.
Prop e rty(iesl
City o f Ranch o Pal os Verdes -Ra ncho Pa lo s Verd es, Ca liforn i a
Propose d Service(s) & Fee(s)
Se rv1 ce(s) Lu mp Sum Fe e(s) USD
Fac ili t y Co ndit io n Assessme nt $3 6,839.75
Option: Asset I 1wentory fo r CMMS $ 2,500 .00
Optio n: Pr eve ntive Ma in tenan ce Rou tin es / Sc hed ule $ 3,500.00
Optio n: Se ism ic Risk Analys is (PML) -8 Sites $15,600.00
Optio n: Expanded El ect rical Infrare d Therm ogra p h ic Su rvey $6,510.00
Optio n: CCTV -Budget (up to 20 l i nes) $ 6,1 60.00
Opt io n: Barcod e/Taggi ng -i nc lu d i ng Labels (q ty 1000) $2,364.00
All fees referr ed to in th is d oc um en t are expressed i n US Do llars. Th e proposed fees are limit e d to th e spec i fic Servi ces
d escri bed in th is Pro posa l, performed accord i ng t o th e req uirem en ts of th e corres po nd i ng AS TM st an d ard pra ct ices, or
Cli ent-speci fied Pro t ocol s.
Deliverable(s)
The q uo ted price in clu de s the d eli very of:
Un less othe rwi se spe c ifi ed, BVTA w ill submit all report s in Fina l fo rm at. T imi n g for com p let ion o f any re qu ested p ost -d elivery
m od ifica ti o ns to t he report w ill b e determ ined at the t i me of the req uest. If d i ffe rent d e li verabl es are req uired, p lea se indica te
the quan t i ty, ty p e and me thod o f d elive ry on the Proj ect Aut h orizatio n pa ge o f th is pro posa l.
Tim ing
BVT A's rep o rt(s) w ill b e del ive red w ithin 40 -45 fu ll busin ess/worki ng d ays (7 -8 wee ks) a fter no tice t o p ro cee d. After
engagem en t , a ca ll w ill be p l aced t o th e desi gna t ed o nsite Po int o f Co nt act (P OC ) provided by t h e Cl i en t i n ord er t o sched u le
t he site v isit(s), w here app lica ble.
BUREAU VERITAS 10461 MILL RUN CIRCLE, SUITE ll00, OWING S MI LLS , MD 2lll 7
P 800.733 .0660 I F 410.785 .6220 I WWW.US.BUR EAUV ERI TAS .COM
• •
• •
• •
• •
• •
• •
C-2
151866.21P, p. 2
11 /8/2021
Documents to be Furnished by Client
In o rd e r to fa c ilitate a c urso ry rev iew o f pre-ex isti ng docum en t s for each Proj ect , BVTA asks to b e furn ish ed w ith e lectro ni c o r
p rinted co pies of ava i la bl e s ite informa tio n. Suc h d oc u m ents m ay i n cl ude:
FCA Services:
Inspe ction Rep o rts (se w er , b o iler, chiller, et c)
Pri o r Enginee rin g Reports (CNA , PN A, PCA, etc.)
Prior Maste r Plan s/ Fac ility Master Pl ans
Ca pi t a l Expen d iture Sc h ed u les (p ri or or p lanned)
Re habili tatio n b ud get & scope (draft o r fin al)
Access ibility T ran sit io n Pl ans/Self Eva lua t ions
Bu il d ing Syst ems Ma intena nce Reco rd s
Ow n er El ec ted Rep air li st (i f availabl e)
Origi n al Bu ildi ng Pl ans (can be v iew ed o n-s ite)
Fi re Prot ection/Life Sa fet y Plan s
Site Pl an /Fl oor Pl ans
Li st o f ex isti ng b uil d ing compo n ents and ages
Note: Doc u ments t o b e rev iewed sh o uld be p rovid ed t o BV TA w ithin fi ve (5 ) b usin ess days a nd not less th an o ne (1) d ay prio r
to th e onsit e. In the eve nt th at d o cuments can o nl y be made av a il ab l e at t he Si t e, BVTA w ill per fo r m a cu rso ry revi ew du ring
t he site v isit as t ime permits. If docu m e nts a re re ce ived aft er the site vis it dat e, o r if the vo lum e o f d ocu m ent ati o n i s
d ete r mined by BVTA to be ex cess ive, then th e Pro j ect m ay be s u bj ec t t o ad d iti o na l rev iew fee s at the rat e o f $19 0.00 per ho u r.
An y addi t i on al rev ie w fees w ill be mutu al ly agreed u pon by BV TA and t he Cli en t at t h e t i m e of re view req uest and w il l be
auth orized usin g a Change O rd er.
Plea se fee l free t o co ntact m e at (8 00) 733-0660 x.27 04 o r Erik.Pill er@bu reauverita s.co m sho uld you have an y q uestio ns. BVTA
welcomes th e o pportu n ity t o be of se rv ice.
Sin ce re ly,
Bureau Veri t as Technica l Assessme nt s LLC
Erik S. Piller. Sen i o r Vice Pres ident , Sa les and Ma rke ting
At tachments.· Description of Services; Project Au th orization
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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C-3
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Description of Services
Facility Condition Assessment Approach
Project Understanding
Bureau Veritas (BV) understands that the Fac ility Condition Assessment (FCA) for the City of Rancho Palos Verdes
("Client") will:
Include a comprehensive assessment of all sites, build i ngs , building systems , and infrastructure .
The FCA will follow the ASTM E2018-15 Standard Guide for Property Condition Assessments as applicable.
Determine the present conditio n and estimated life expectancy of variou s buildin g system s and components.
Identify and document present condition of all physical assets including grounds, facil ities, and infra structure.
Recommend corrections for all deficiencies and provide co st estimates for corrections.
Prioritize and categorize deficient conditions, associated corrective actions, and information concernin g
building systems and deficiency categories.
Establish anticipated renewal and replacement costs for the va rious systems and components.
Result in strategic plan for capital repairs , lifecycle component replacement, and building modernization.
Calculate the Current Replacement Value (CRV) and Facility Condition Index (FCI ) for ea ch facility.
Establish a protocol for facility condition data to migrate/tran sfer to a CMMS /IWMS system.
Option: Collect Equipment Inventory data for Client properties.
Option: Prepare a Preventive Mainte nance Plan for assets to upload ed to CM MS system.
Property Information -The City has requested the abovementioned services fo r:
Faci l ity Name Notes Ac res SF Address
Civic Cent er 4 buil d ings 30940 Hawt ho rn e Bou levard
Eastvi ew Park restroom 9.90 500 170 0 West mo nt Drive
Frank Hesse, J r. Co mm unity Pa rk co mm un ity ctr 29 .4 0 29 301 Haw t horn e Bo uleva rd
bui ld ing -
excl ud ing
Po int Vin ce nte Int erp retive Cent er restroo ms 28.00 1000 0 31501 Palos Ve rdes Dr W
Ro bert Ry an Co mmu ni t y Park bu il din g 11 .00 30359 Haw thorne Bo uleva rd
Abalo ne Cove sm all bui ldi ng 76 .4 0 5970 Pa los Ve rdes Drive Sou t h
Po rtu guese Bend Nu rse ry Schoo l sc hoo l Beach School Trail
Re st roo m at Peli ca n Cove re st ro om 500 313 00 Palos Ve rde s Drive South
We underst and that a key facto r to performin g Facility Condition As sessments is the eva lu ation of physica l need s
a nd acc urat e forecast in g for ca pital repair and replacem ent b udget s. Pr e-emptiv e measures to m anage
m a inte nance bu dget s and p rog rams are ess e nti al in ens uring th e el i m i n ati o n o f pot ential iss ues, wh ic h ca n range
from deferr ed m aintena nce , or premature replaceme nt o f b uilding sy stems t hat can pro ve costly.
BV's Project App ro ach has been develo ped to address yo u r specific re quire m e n ts . BV h as d emo nstrated experien ce
in th e ass ess ment of va ri o us types of fa cilities r epresen t ati ve t o y our portfolio and und ers t ands th e speci al
impl eme ntati on, sensitiviti es , m a nag eme nt, a nd co m munica ti on associ ated w ith ea ch.
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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Data Gathering and Interview
Our project plan details three distinct phases of the project. During each phase, we will require coordination and
support from facility management.
Data Gathering Phase -During this phase, we will need the support of staff who can provide us access to drawings
and records. The following is a typical list of exhibits requested.
Inspection Reports (sewer, boiler, chiller, etc)
Building Systems Maintenance Records
Owner Elected Repair list (if available)
Original Building Plans (can be viewed on-site)
Capital Expenditure Schedules (prior or planned)
Fire Protection/ Life Safety Plans
Rehabilitation Budget and Scope (draft or final)
Certificates of Occupancy/ Facility License
Prior Assessments
Site Plan/ Floor Plans
Accessibility Transition Plans/ Studies
CMMS / IWMS Data Set
In addition to the drawings and records, we will supply a pre-survey questionnaire for each facility or site. Our
expectation is that someone with knowledge of maintenance and operations of the facility will complete th is survey
and be prepared to discuss it with us while on-site
Site Phase -Du ring the site phase, we will need support in the form of escorts while in the facilities to help us access
mechanical areas, to discuss with us any known issues in the facility, and to answer other technical questions.
Report Review Stage -During the reports review stage -we will provide a complete draft deliverable for each
building/site.
Client Coordination
Project Directory: BV will become familiar with Client's existing property list and contact directory for each
location. We will contact or interview the facilities contacts as part of tour process to determine current use
requirements and priority of properties based on agency goals.
Facility Access: Working with Client we will develop procedures to gain access to each facility. Our visits will be
coordinated and pre-approved by Client prior to the visit. We will work with Client to establish a protocol that will
ensure that our activities will have minimal disruption to the operation of each facility and will maintain a safe work
environment.
Technical Approach
Prior to assessments beginning, BV will conduct a Kickoff session to review requirements and to consolidate
exhibits such as drawings and prior completed reports.
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During the term of the project, BV will conduct regular Progress Meetings to maintain open communication with
the entire project team and Client. In these meetings, BV will lead with an agenda that includes a focus on work
plan, schedule, and project needs. This will permit the opportunity to proacti vely address challenges encountered ,
so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals
to be met. BV will provide Client with a written status report that tracks and monitors the progress of the
assessments against the schedule submitted.
BV has allocated the following meetings: Kick Off Meeting, I MAC Meetings (2), Staff Meetings (3 ), and a Final Findings
Council Presentation meeting. Any additional in-person meetings will be on a time and expense basis.
Field Assessments
The assessment team will conduct a walk-through survey of the facility and site to observe systems and
components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies.
As a part of the walk-through survey, the assessment team will survey 100% of each facility. BV will survey the
exterior and grounds, including the building exterior, roofs, sidewalk/pavement, and recreational /other areas
as applicable.
The assessment team will interview the building maintenance staff about the subject property's historical
repairs and replacements and their costs, level of preventive maintenance exercised , pendin g repairs and
improvements, and frequency of repairs and replacements.
The assessment team will develop opinions based on their site assessment, interviews with Client's building
maintenance staff, and interviews with relevant maintenance contractors , municipal authorities, and
experience gained on similar properties previously evaluated. The assessment team may also question othe rs
who are knowledgeable of the subject property's physical condition and operation or knowledgeable of similar
systems to gain comparative information to use in evaluation of the subject property.
The assessment team will review documents and information provided by Client's maintenance staff that could
also aid the knowledge of the subject property's physical improvements, extent and type of use, and /or assist
in identifying material discrepancies between reported information and observed conditions.
The facility condition assessment will focus on the following facility and site systems and components:
Site+ Infrastructure
Topography: Observe the general topography and note any unusual or problematic features or conditions
observed or reported.
Paving, Curbing, and Parking: Identify the material types of paving and curbing sy stems at the subject
property.
Flatwork: Identify the material flatwork at the subject property (sidew alks, plazas, patios, etc.).
Landscaping and Appurtenances: Identify the material landscapin g features, mate rial t ypes of landscapin g
(fences, retaining walls, etc.), and site appurtenances (irrigation syst em s, founta in s, li ghting, si gnage, pond s,
etc.).
Utilities: Identify the type of utilities provided to the property (water, elect ricity, natural gas, etc.). We w ill
asse ss condition, physi cal deficien cies, life cycle repair, and replacement issue s.
Recreational Facilities: Identify any material on-site re creational fa cilities such as athletic field s, swimming
pool s, spas, tennis or basketball courts, jogging or bi cycle paths, etc . Obse rv e the general condition s and note
any reported physical deficiencies or any unu sual items or conditions observed or reported.
Structural Frame+ Building Envelope
Identify the materi al elements of the structural frame and exter ior w alls, including the found at io n system, floor
framin g system, roof framin g system , fa ca de or curtain -w all syst em , gl azin g syst em , ex t erior sea lant, do o rs,
commercial overhead doo rs, sliders, windows, and stai rw ays, etc.
Ob serve the general conditions and note any physical defi cien cies identified o r any unusua l items o r conditions
observed . Observations may be subject to grade, and rooftop vantage points.
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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C-6
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Visual inspection of observable areas for cracking and moisture infiltration as well as areas of apparent
foundation settlement and displacement.
In the event more information or exploratory testing is required, in order to provide remedial measures , the
report may include recommendation for additional investigative testing (Tier 1 or Tier 2).
Wall Evaluation
Photograph elevations and details both from internal and external vantage points, as well as from adjacent
structures where possible.
Observe representative operable and fixed panels on all facades, operating a representative sample of units to
assess hardware, and to visually inspect exterior conditions and the condition of waterproofing seals.
Assess curtain wall condition to determine water infiltration, damage, caulk degradation , metal panel
degradation, stone degradation and anchoring, and other related curtain wall issues.
Curtain Wall -As Required
Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review
exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders,
scaffolding, suspension devices, or the like; this may include observations from internal and external vantage
points, as well as from adjacent structures. Observations are limited to grade and may include accessible
balconies or rooftop vantage points.
Review provided drawings and records of repair, replacement, and maintenance of framing and glazing
Roofing (Non-Invasive Visual)
Identify the material roof systems including roof type , reported age, slope, drainage, etc. Also identify any
unusual roofing conditions or rooftop equipment.
Observe the general conditions of the roof system such as membranes, attachment methods, flashings, counter
flashings, pitch pans, gravel stops, parapets, miscellaneous appurtenances, insulation, etc.
Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a roof
warranty is in effect. Note any physical deficien cies identified or any unusual items observed or reported.
Identify the material rooftop equipment or accessories including antennas, lightning protection, HVAC
equipment, solar equipment, etc. Include any material problems reported.
Plumbing
Identify the material plumbing systems at the subject property including domestic water supply, sanitary sewer,
or any special or unusual plumbing systems (such as water fe ature s, fuel systems, gas systems, etc.).
Identify the type and condition of restroom fixtures, drinking fountains and /or other miscellaneous plumbing
equipment.
Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions
observed. Include any reported material system inadequacies.
OPTION: CCTV Sewer and Water Line Scoping
BV will coordinate the sewer scoping of 10% of the lines of the subject property's sanitary sewer lines -up to 20
lines. The scoping will be performed from an available clean-out outside the building to the m ain line (ass umed to
be 4" line) for roughly 150-200' and/or no more than two (2) hours of video inspection per line.
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The information we will capture will be as follows:
Diameter of sewer line piping (i.e., 4-inch, 6-inch, etc.)
Material type of each sewer line pipe that is scoped. {PVC, copper, galvanized steel, etc.)
Any issues/concerns that were observed during the scoping (cracks, bellies, build-up of debris/solids, etc.)
Cost recommendations for observed issues/concerns as Rough Order of Magnitude cost ranges (these are not
intended to be cost estimates, merely budgetary ranges for cost planning purposes).
BV will provide a copy of the video and report summarizing our findings. The report will include a description of the
type of pipes on location, diameter of piping, identify any issues and includes ROM (Rough Order of Magnitude) cost
to repair, or replace.
Heating
Identify the material heat generating systems at the subject property.
Observe the general conditions, identify the reported age of the equipment, note past material component
replacements/ upgrades, note the apparent level of maintenance, and identify if a maintenance contract is in
place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of the
condition to the extent reasonably possible.
Identify and observe any special or unusual heating systems or equipment present (such as fireplaces, solar
heat, etc.) and note any reported material problems or inadequacies.
Air-Conditioning+ Ventilation
Identify the material air-conditioning and ventilation systems at the subject property. Include material
equipment such as cooling towers, chillers (include type of refrigerant used), package units, split systems, air
handlers, thermal storage equipment, etc.
Identify the material distribution systems (supply and return, make-up air, exhaust, etc.) at the subject property.
Observe the general conditions, identify the reported age of the equipment, note past material component
upgrades/ replacements, note the apparent level of maintenance, and identify if a maintenance contract is in
place (and the name of the contractor). If air-conditioning and ventilation systems are not operational at the
time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible .
Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions
observed. Additionally, include any material reported system inadequacies or operating deficiencies.
Identify and observe any special or unusual air-conditioning and ventilation systems or equipment (cold storage
systems, special computer cooling equipment, etc.) and note any material reported problems or system
inadequacies.
Electrical
Identify the electrical service provided and distribution system at the subject property. Include material
switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lightin g
systems, and other such equipment or systems .
Observe general electrical items such as distribution panels, type of wiring, energy management systems,
emergency power, lightning protection, etc.
Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions
observed . Al so note the presence of any special or unu sua l electrical equipment, systems, or devices at th e
subject property, and include reported material problems or system inad equacies.
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OPTION: Expanded Electrical Infrared Thermographic Survey
Provide infrared inspection service for equipment, wiring, and controls to identify potentially faulty overload
protection devices or poor connections. Specific attention should be given to main electrical panels,
transformers, disconnects, and HVAC equipment rated at 600 volts or less.
The report will document all equipment tested and include photos of infrared tests and areas of excess heating,
damage, or missing equipment in question. The report will also show temperatures of areas of concern, possible
causes, and suggestions for repair to the equipment in question.
Life Safety+ Fire Protection
Identify the material life safety/fire protection systems at the subject property, including sprinklers and stand
pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers,
emergency lighting, stairwell pressurization, smoke evacuation, etc.
Observe the general conditions and note any material physical deficiencies identified or any unusual items or
conditions observed or reported including any reported system inadequacies.
Elevators+ Vertical Transportation
Identify the vertical transportation systems at the subject property. Include the equipment manufacturer,
equipment type, location, number, capacity, etc.
Observe elevator cabs, finishes, call and communication equipment, etc.
Identify the company that provides elevator/ escalator maintenance at the subject property. Observe the
general conditions and note any physical deficiencies identified or any unusual items or conditions observed or
reported including any reported material system inadequacies.
Out of Scope Issues : Performing any calculations, examination of operating system components such as cables,
controller, motors, etc. Entering elevator/escalator pits or shafts.
Interior Elements
Identify offices, special use areas and building standard finishes, including flooring, ceilings, walls, etc.
Furnishings and fixed components will be reviewed and included in the cost estimate tables for replacements.
Additionally, BV will identify material building amenities or special features.
Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions
observed or reported .
Food Service Spaces and Equipment
Assess all Food Service equipment and spaces including kitchen, cafete ria, and dining and serving areas. Food
service equipment (fixed equipment) will be evaluated for adherence to life/ safety code and ventilation
requirements as well for condition and capital replacement.
Special Systems and Equipment
Include all special systems and equipment, such as Emergency Medical Systems (EMC), chillers, radio towers,
equipment lifts, chair lifts, chemical storage or trea tment areas, stora ge tanks, dumbwaiters , va ults, public
address systems, and telephone systems .
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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C-9
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11/8/2021
Limited Accessibility Compliance
Provide a general statement of the subject building's likely compliance to the Americans with Disabilities Act to
help identify whether Client may be exposed to issues and whether there is the need for further review .
Suspected Fungal Growth
BV will perform a limited assessment of accessible areas for suspected fungal growth.
If we discover the presence of mold, conditions conducive to mold growth, and/or evidence of moisture,
elevated relative humidity, water intrusion, and mildew-like odors -the affected areas will be photographed
and recommendations for any additional moisture intrusion studies will be made.
Environmental Features
BVwill review environmental features of the property, to include appearance, cleanliness, acoustics, ventilation,
and humidity.
Lead-based Paint
A review of existing testing data and other documentation regarding lead-based paint that is available onsite is
included in the cost of the Facilities Condition Assessment. BV will evaluate physical condition and will develop
cost estimates for remediation of paint necessitated by pending renovations.
BV has the capability to provide a licensed lead-based paint inspector to conduct testing using an x-ray
fluorescence analyzer at the Project as an additional service. The instrument is completely non-destructive and
yields instantaneous results.
Asbestos
A review of existing testing data and other documentation regarding asbestos that is available onsite is included
in the cost of the Facilities Condition Assessment. BV will evaluate physical condition and will develop cost
estimates for remediation of asbestos likely to be disturbed by renovations.
If asbestos testing is requested, BV will provide a licensed asbestos inspector to collect samples of suspect
asbestos-containing materials at the Project as an additional service. Scope of this sampling will be determined
after review of existing data, costs will be based on daily rate plus the cost of analysis.
Energy Conservation Analysis
As part of the analysis of all evaluated systems mentioned above, BV will consider energy conservation savings
when making repair or replace recommendations and include these projects in the project prioritization.
BV can provide as additional services an Energy Audit (ASHRAE Level I, II, or Ill) or Benchmarking (E nergyStar)
services.
Ranking and Classification
Based upon our observations, research and judgment, along with consulting commonly accepted empirical
Ex pected Useful Life (EUL) tables; BV will render our opinion as to when a system or component will most
probably necessitate replacement.
Acc urate hi storical replacement record s provided by the facility m anager are typi ca lly the best source for this
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data. Exposure to the weather elements, initial system quality and installation, extent of use, the quality and
amount of preventive maintenance exercised are all factors that impact the effective age of a system or
component. As a result, a system or component may have an effective age that is greater or less than its actual
age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age.
Condition Ranking of Building Systems/ Equipment
BV can rate the condition of each facility building system or component with this or another Client-specified five-
point scale:
5
4
3
2
1
Excellent
Good
Adequate
Marginal
Poor
No visible defects, new or near new condition, may still be under warranty if
applicable
Good condition, but no longer new, may be slightly defective or deteriorated , but
is overall functional
Moderately deteriorated or defective, but has not exceeded useful life
Defective or deteriorated in need of replacement; exceeded useful life
Critically damaged or in need of immediate repair; well past useful life
BV can also include alternative categories to rank and weight priorities as required by the Client, such as
functional deficiencies, aesthetics, time-based urgencies, and other mission critical factors.
Priority Classes
The analysis will include all cost observations ranked by Priority Classes. The five classes below are typical but
can be altered to meet your specifications and needs:
Priority 1: Currently Critical (Immediate): Requiring immediate action including a cited safety hazard and areas
of accelerated deterioration, returning a building component to normal operation.
Priority 2: Potentiaffy Critical (Year 1): Requiring action in the next year including components experiencing
intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to
normal operation.
Priority 3: Necessary -Not Yet Critical (Years 2-3): Requiring appropriate attention to preclude predictable
deterioration, potential downtime, additional damage, and higher costs to remediation if deferred further.
Priority 4: Recommended (Years 4-10, 15, 20): Representing a sensible improvement to the existing conditions
(not required for the most basic function of the facility; however, will improve overall usabilit y and /o r reduce
long-term maintenance costs).
Priority 5: Does Not Meet Current Code but "Grandfathered": No Action required at this time but should
substantial work be undertaken correction would be required.
Unformat Categories
The deficiencies observed will be classified into categories such as those below using the Uniformat System:
AlO Found ations
A20 Basement Construction
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B10 Superstructure
B20 Exterior Enclosure
B30 Roofing
Cl0 Interior Construction
C20 Stair
C30 Interior Finishes
DlO Conveying
D20 Plumbing
D30 HVAC
D40 Fire Protection
D50 Electrical
ElO Equipment
E20 Furnishings
FlO Special Construction
F20 Selective Building Demolition
Cost Estimating
BV's cost estimating database is comprised of RS Means data and further customized with proprietary cost tables
developed by BV, based on historical and localized actual costs. BV maintains and updates our Uniformat-based
cost estimating system with information received from the field. Through construction monitoring work, we have
current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows us to
calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means'
models.
Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair
or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency,
and the capital needs analysis will be presented as an Excel-based cost table that includes a summary of the
description of each component, the age and estimated remaining useful life, the anticipated year of repair or
replacement, quantity, unit cost and total cost for the repair of each line item.
A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs fo r all
buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but
may at Client's option, also include project management costs, construction fees , and design fees. Project
management costs, construction fees, and design fees will be derived using actual costs from previous projects.
After determining these costs, we will confirm these costs with your staff.
Report Deliverables
BV will provide a report including a description of each of the building components an d systems as described in the
approach sections above. Each report is organized by building system and will include digital photos of major
systems and components and of all deficiencies identified. Reports will include current and anticipated repairs and
deficiencies, recommended repair and component life-cycle replacements, and applicable options for repair or
maintenance of building components.
The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair.
The format of the database will allow for reporting by buildin g, by system, or by priority for repair, and a yea r-by-
year analysis of capital needs.
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Facility Condition Index
A Facility Condition Index will be calculated for each building. This index will be a function of required repairs
compared to building replacement costs. The Facility Condition Index will be generated from the data
collection/capital planning database and will be updated as components age or are replaced.
Capital Plan
Reports will reflect a 5 year capital plan based on BV's 20-year building system evaluation. The analysis will include
a cost table sorted by building and system and ranked by priority for repair. Tables will allow for the customization
of reporting and a year-by-year capital needs analysis . The report will include:
An Executive Summary with graphic presentation of results to provide a quick, user-friendly summary ofthe
property's observed condition and estimated costs assigned by category. These estimated costs shall be
cross-referenced to report sections where an elaboration of cost issues will be presented.
Components observed that are exhibiting deferred maintenance issues and estimates for immediate and
capital repair costs based on observed conditions, available maintenance history and industry-standard
useful life estimates. If applicable, this analysis will include the review of any available documents
pertaining to capital improvements completed within the last five-year periods, or currently under contract.
BV shall also inquire about available maintenance records and procedures and interview current available
on-site maintenance staff.
Recommended schedule for replacement or repairs (schedule of priorities).
Digital photographs for the buildings including photos of deficiencies.
General description of the property and improvements and comment generally on observed conditions.
Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis.
Facility Condition Index (FCI) number for the building.
BV will submit draft reports electronically via PDF format and once approved and finalized , a program summary
report is provided to include a roll-up of all prioritized capital needs across all facilities. All electronic copies of the
report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices.
Deficiency Categories/ Plan Types
Each deficiency identified in the Assessment shall be classified in the following manner (or othe r Client defined
categories):
Category 1-Scheduled Maintenance: Maintenance that is planned and performed on a routine basis to
maintain and preserve the condition.
Category 2-Deferred Maintenance: Maintenance that was not performed wh en it was scheduled or is past its
useful life resulting in immediate repair or replacement.
Category 3 -Capital Renewal: Planned replacement of building systems that have reached the end of their
useful life.
Category 4 -Energy and Sustainability: When the repair or replacement of equipment or systems are
recommended to improve energy and sustainability performance.
Category 5-Security: When a system requires replacement due to a security risk or requirement.
Program-wide Report
In addition to each building report, BV will develop a Program -wide Report that includes a ra nked sys tem-wide
Capital Plan for all facilities with programmatic conclusions and re commendations.
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
P 800 .733 .0660 I F 410 .785 .6220 I WWW.US.BUREAUVERITAS.CO M
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The Program Report includes a brief narrative description of each facility/building component and system, and
discusses the current, anticipated repairs, deficiencies, and of all buildings assessed. The Program Report analyses
will include tables sorted by building system and ranked by priority for repair. The format of the tables will allow
for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year-by-year analysis
of capital needs.
Sustainability Efforts -Digital Reports
BV regularly takes measures to minimize impacts to the environment in the delivery of services. In lieu of printing
reports and meeting minutes, BV makes an effort to be stewards of the environment by using digital distribution
for materials. When appropriate, we suggest that in-person meetings be done by teleconference or video
conference -in order to reduce our carbon footprint.
Assessment Software: AssetCALC™
BV will utilize AssetCALC™ as its platform for all data collected on this project. AssetCALC™ is a cloud platform
developed, licensed, maintained, and supported solely by BV for our clients. The use of this software is at your
option and there are no licensing fees for this software for one (1) year.
AssetCALC™ is a web-based SQL database platform that enables users to:
query, edit, and analyze their facility condition data
plan immediate and short-term repairs
budget capital expenditures throughout the life-cycle of a building or an entire portfolio
The system unites BV's experienced field data collection methods with advanced planning and reporting tools,
construction cost libraries, location mapping (GIS) features, digital photo management, and document storage.
Data Development
AssetCALC™ includes a configurable facility hierarchy and asset data architecture -this will include all of
your assets grouped based on site location, asset group, and function.
Data can be exported to an Excel, XML, or an ODBC database format compatible for upload into your
CMMS, EAM, IWMS, or work-order systems.
Features Include:
Facility Condition Assessment access:
Component/system descriptions
Locations
Conditions and EUL/RUL
Repair and replace recommendations
Digital photos
Search and Sorting Functionality
Prioritization of maintenance projects
UniFormat 2010 Cost Database
Project Budgets and Capital Plans
Unlimited concurrent user licensing
Secure IT platform and back-ups
Client is the owner of data collected and residing in the database
Online User Training and Documentation
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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11/8/2021
Reporting:
AssetCALC™ includes more than a dozen standard options for data summaries and reports:
Facility Condition Index (FCI) Calculation Reporting
Rank and Prioritize Capital Improvement Projects
Deferred Maintenance Backlog
Facility Queries (by building, priority, system, or dollar deficiency amount)
Capital Budget Planning
Yea~b~YearCaprtalNeedsAna~s~
5, 10, or 20-Year Replacement Reserve Reports
Custom 3rd party form automation available
Screen Shots
Actual screen shots of BV 's AssetCALC™ Database and a live demo are available upon request.
Integration with CMMS/IWMS
BV will be delivering to Client a live asset management plan that can be maintained and kept up-to-date by staff.
BV will provide training to staff on maintaining the on -goin g monitoring pro gram to t rack facilities, work pe rformed ,
re-prioritization of maintenance projects, and how to update this information in the database.
The data from the FCA can be ex ported for data migration to most CMMS/IWMS systems . BV can export the data
from our data collection tool to a compatible format (Excel Spreadsheet, Access Database, or SQL format) to be
used by the Client's IT department for future integration. Onc e your CMMS provid es us with th eir fi eld maps -we
can match their data fields and provide a data file for manual upload by your CMMS into their system. BV has
created several cu stom AP ls to transfer our data directly into some third party sy stems.
Option: Equipment and Asset Inventory
During the assessment, each field team will be responsible for collection and storing the inventory and condition
assessment dat a in an electronic format that i s readily transferable to a standardize d CMMS /IWMS system .
BV will collect information on the major pieces of facility equipment. Specifically, the data collection will focus on
the following components:
HVAC (level of d etail for which Preve ntive Maintenance would be p e rform ed)
Heating System
Id entify boilers, fu maces, unit heate rs and m ajorlabe led equipment
Ventilation System
Identify the major labeled equipment; exh a ust ho ods, fan s
Ai r Conditioning System
Electrical
Id entify the m aterial air-conditioning components, includin g coolin g t owers,
compres sors, chille rs, package un its, roo f top un it s, split sys t em s and m ajor label ed
equipment. Excluded are window units, terminal units, VAV bo xes, and the rmostatic
controls
Major panels only-for identification to track m aintenan ce
Transformers
Switch gea r
Equipment
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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Building Automation System
Plumbing
Pumps external to HVAC systems
Domestic Hot Water heaters over 80 gallons
Other major labeled equipment
Commercial Kitchen-major equipment (above approximately $2000 value)
Walk-in freezer and refrigerator equipment
Ovens, stoves, broilers, grills
Ice makers and ice bins
Reach-in refrigerators and freezers
Dishwashers
Fryers
Vertical Transportation
Life Safety/Security
High Level (system level) only-for identification to track maintenance
Alarm Panels
Emergency generators
Exhaust hood fire suppression
Where appropriate, the following data will be collected for each component:
Location data
Serial Number
Manufacturer
Manufactured Date
Option: Barcoding / QR Coding
For the above referenced equipment, BV will apply a durable barcode / QR code with a unique number for use as
an identifier in the CMMS system. We will use a vinyl tag for indoor applications, and a durable foil tag for outdoor
use. Barcode / QR code numbers will be recorded in the database and all future work orders etc., and can be tied
back into a single piece of equipment or system.
Option: Preventive Maintenance Schedules Service
BV will provide preventive maintenance (PM) schedules for the equipment listed in the equipment inventory
provided by client. Preventive maintenance schedules will include the following info rma tion:
Safety precautions specific to the recommended PM instructions
Description of tools required for recommended PM instructions. Tool list will not be exhaustive but
identify common tool sets and specialty tools required for tasks.
Recommended preventive maintenance instructions and frequencies specific to the equipment
classification and type. PM instructions are based on the following sources:
Prevailing national standards
Survey of Common Manufacturers recommendations
Industry best practices
Estimated labor hours required to complete each PM work order
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2 lll 7
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BVwill provide the PM schedules in spreadsheet format suitable for upload into clients CMMS. Spreadsheet will also
contain analysis of PM labor hour requirements for use by client for planning purposes. BV will review PM schedules
with client and adjust frequencies and start dates as required to meet clients' needs and match available resources .
Seismic Risk Analysis
BV will perform a seismic risk analysis of the subject property and provide a professional opinion of the estimated
damage that may result from a seismic event that has a 10-percent chance of exceedance in a 50-year exposure period,
or a 475-year return period. BV's professional opinion of the seismic risk is expressed as a seismic loss damage ratio. The
assessment will utilize the ASTM Standard E2026-16a and E2557-16a definitions for Scenario Expected Loss (SEL-osrl and
Scenario Upper Loss (SUL-08£). The seismic loss damage ratio (commonly referred to as Probable Maximum Loss -PML )
will be defined by the ASTM E 2026-16a term, Scenario Expected Loss Design Basis Earthquake (SEL.oeE) as follows:
Scenario Expected Loss (SEL-osE) is defined as the estimated mean (expected) building damage loss (Commonly
referred to as the Probable Maximum Loss, PML) to a building resu I ting from a specified seismic induced ground
motion, with a 10% probability of exceedance in 50 years (475-year Design Basis Earthquake peak ground
acceleration).
Scenario Upper Loss (SUL-08£) is defined as the estimated 90 th percentile confidence level loss in which 9 out of
10 buildings would not exceed the specified upper limit damage loss resulting from the specified seismic
induced ground motion (475-year Design Basis Earthquake peak ground acceleration).
The process involved in determining the seismic loss assessment value is not exact, and is subject to various estimates
and projections. Among the inexact parameters are the underlying soil response, the characteristics of the projected
earthquake, the influence of the path of seismic waves from the ground fault to the site, and the building's actual
structural response. At present, there is no universally accepted methodology for estimating seismic structural risk. To a
large degree, the method chosen depends on the subjective interpretations and judgments of the professional engineer,
and on prevailing consensus in the engineering profession as to which methodology might yield better results given
certain assumptions.
BV's analysis employs the damage prediction method developed by Charles C. Thiel, Jr., and Theodore C. Zsutty (see
their article entitled "Earthquake Characteristics and Damage Statistics ", Earthquake Spectra, vol. 3, no. 4, November,
1987). The method correlates the expected damage estimate to a statistical model, which combines historical
earthquake damage records, expert opinion data from Applied Technology Council damage curves (ATC-13), peak
ground acceleration, soil characteristics and the structural system. Sources of analytical data will include ground fault
and acceleration data provided by the U.S. Geological Survey Probabilistic Seismic Hazard data base, as well as general
ground fault and soil data obtained from applicable geologic and fault activity maps.
BV's basic seismic risk analysis will include evaluation of the following site and facility parameters:
(a) Perceived quality of the original design (neither quantitative measurements nor design ca lculations are
performed in this phase);
(b) Perceived quality of construction, including a visual verification of th e presence of a lateral-load resisting
stru ctu ra I system, as well as structu ra I retrofitting (if applicable);
(c) Building characteristics, including structural system classific ation , number of stories, date of construction,
foundation type, and perceived structural irregularities. The building data so obtained will be evaluated in light
of published consensus on the recorded performance of similar buildings durin g pa st seismic events .
(d) Site characteristics, including proximity to ground faults, the earthquake-magnitude (and resulting horizontal
ground acceleration) risk posed by such faults, and the type of soil in the general area (neither geotechnical
investigations nor ground-water level determinations are pe rformed in this phase).
Document and Structural Drawing Review: BV will review Client-supplied documents such as structural and
architectural drawings, geotechnical reports, and repair/retrofit documents which are made available p rior to
completion of the assessment. The information and conclusions presented in such documents will be pres umed to be
true and correct. BV requests copies of the architectural and structural construction drawings and the project
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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151866.21P, p.17
11/8/2021
geotechnical report.
Levels oflnvestigation: The ASTM E2026 Guide defines four levels (Level 0, 1, 2 and 3) of investigation as discussed below .
In general, Level 0 is reserved for use as a screening tool to determine whether a single property or portfolio of properties
warrant more detailed investigation. Level 1 incorporates a site visit and engineering evaluation by a qualified, licensed
engineer to identify material deficiencies and structural design details that affect the expected seismic performance.
Level 2 and 3 incorporate additional engineering evaluation and modeling of the building structural system , and are not
proposed as part of this scope of work.
The following are BV's standard target levels of investigation for Level 0 and Level 1 SRAs :
ASTM E 2026-16a Investigation Component LevelO SRA Level lSRA
Ground Motion Level 1 (GMl) Level 1 {GMl )
Site Stability Level 1 {SSl) Level 1 (SSl)
Building Damageability Level 0 {BD0) Level 1 (BDl)
Building Stability Level 0 (BSO) Level 1 {BSl )
Content Damageability n/a n/a
Business Interruption n/a n/a
Levels of individual investigation components may be adjusted based on availability of information.
Report Limitations: BV furnishes no warranties, certifications or guarantees as to the structural integrity of the building
studied, or how the building will actually fare in the event of an earthquake, or that the subject building is safe to occupy
and use. Furthermore, BV's seismic risk analysis does not account for the possible loss of equipment, inventory, or other
personal property, monetary loss due to business interruption, or other dama ges that may result from a seismic event.
Proposed Billing Schedule of Values
T he pricing stated herein is fixed p rice for the scope detailed herein. BV will invoice monthly for work completed
in prior month. BV will invoice 95% of allocated fees for submittal of draft report and 5% balance upon submittal
of final reports. This is done as a conveni e nce to client and does not reflect a ny red uctio n i n total fee in ev ent
client does not pursue final reports. An invoice for the 5% balance will be submitted upon submittal of fin al
reports or 60 days from submittal of draft reports whichever is sooner. All invoices will be payable within 30 days
or upon the closing of the transaction, whichever comes first. BV proposes the following billing schedule:
Proje ct Start-Up, Ki ck-Off, and Assessments 45 %
Draft Reports (invoiced monthly) 50%
Fin al Report and Review 5%
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE 1100, OW INGS MIL LS, MD 211 17
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C-18
151866.21P, p. 18
11/8/2021
Project Authorization
To co ntract with BVTA for th is p roje ct, p lease review and edit the in formation below, sign, and re turn th e entire agree m ent to BVTA
Client Contact & Report Addressee:
Mr. Jam es O'Ne ill
City of Ra ncho Pa lo s Ve rd es
30940 Ha wthorne Boul eva rd
Ra ncho Palo s Verd es, Californ ia 90275
Phone: (310) 544-5247
Email: jonei l l@ rpvca.gov
Project Information :
Property Name: City of Ranc ho Palos Verdes
City/County: Ranc ho Palo s Verd es
Building Information:
Type of Project: Go vernm ent / Park s
Sites: 8 Acres: Various
Report & Invoice Recipie nt:
Mr. Ja mes O'N eill
City of Ranc ho Palos Ve rdes
30940 Hawth o rne Bo ulev ard
Ranc ho Palos Verd es, Ca l ifo rni a 90275
Address:
State/Zip: Californ i a
Square Feet: Va rious
Report Delivery Date:
require d.
45 bu si ness days from rec eipt of signed "Proj ec t Auth orizat io n" t o pro ce ed, sit e co ntact and mobili zat ion fee, if
Service(s) Lump Sum Fee(s) USO Initia l
Faci lit y Con d it ion Assessment $3 6,839.75
Option : Asset Inve ntory for CM MS $ 2,500.0 0
Op tio n: Pr eve nt ive Ma int en an ce Routi nes/ Sc hedul e $ 3,500.0 0
Op t ion: Seismic Risk Ana lys is (P ML) -8 Sites $15,6 00.0 0
Op t io n: Expa nd ed El ec t rica l Infrared Th ermograp hi c Survey $6,510.00
Op tion: CC TV -Bu dget (up to 20 li nes ) $6,160 .00
Op t ion : Barco de/Tagging -inc l udin g Labe ls (qty 1000) $2,364.00
Ema il Full Rep ort (P DF)
Electronic Report Deliverables: BVTA 's sta ndard electron ic de livery is th rough automate d email li nks to our reports. If you prefer on alternate
delivery meth od, p lease select one of ou r options listed below:
D Dropboxrn D Posted to BVTA Webs ite D Posted to Yo ur Webs ite
Site Point of Contact: (t he POC shal l be de emed an agen t of the client for providing access and conveying si te data)
I POC I POC Pho ne:
POC E-ma il : POC Ce l l :
Invoi cing: (Se lect ON E of th e fol/ovvi ng to assure invoices appea r as required by your Accounts Payab le Deportment)
Co nso li da t ed In vo icing by: D One (1) Co nso lidated In vo ice (e.g.1 invoice per signed En g ag ement)
Individua l Invoicing by D Property(ies) D Service Type(s) D Pro pe rty and Se rv ice Type
I have re ad an d veri fied t he acc ura cy of t he i nfo rma ti on set forth abo ve, and in Pro posa l No.1 51866 .21P, i nclu d ing th e lega l name of th e Cli en t. I he reby
ce rt ify t hat I am an emp loyee authorized t o sign th is co nt ract o n beha lf of t he Cl ie nt, and by my signa ture below I he reby accept t he Pro posal , as
addresse d to my com pany and autho ri ze BVTA to p roceed with t he Se rvi ces as descri bed. Shou ld any proj ect i nfo rm ation ch ange, I un dersta nd that
add itiona l fees may accr ue, and t he due date may be extende d.
Auth ori zed Sign ature
Co mpa ny Na m e
(Printed Na me) Pho ne#
Title Date
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2 lll 7
P 800.733 .0660 I F 410.785 .6220 I WWW.US.BUREAUVERITAS.CO M
D-1
November 8, 2021
Via Email: jo ne ill @rpvca.gov
Mr. J ames O'Ne ill, Proje ct Manager
City of Ranch o Palos Verdes
30940 Ha wth orne Bouleva rd
Ranc ho Pa los Ve rd es, Ca lifornia 902 75
RE: City of Rancho Palos Verdes -Asset Management Consulting
Pro posal No: 151866.21P - rev l
Dear Mr. O'Neill:
BUREAU
VERITAS
We are pleased t o provide City of Rancho Palos Verdes (herei nafter referr ed t o as "C lient") with the followin g prop osa l. If
accepted , Bureau Ve rit as Techn ica l Assessments LL C (h ereinafter referred to as "BVTA") w ill per fo rm th e se rvices listed be low
(co llect ive ly, the "Servi ces ") meeting the spec ifi ca tions hereafter described.
Property(iesl
City of Rancho Palos Verdes -Ra nch o Pa los Verd es, California
I
T&E -See Rate Schedu le
Optio n: Cit yWo rks Reco nc il iation -$2500 -o ne yea r + Ass et Ca lc $2,500.00 / a nn u al
All fees referr ed to in this document are express ed in US Dol lars. Th e prop osed fees are l imited to th e spec ifi c Se rv ices
de sc ribed in this Propo sa l, performed acco rdin g t o the re qu iremen ts of the co rre spo nd in g AS TM st and ar d pra ct ices, or
Client-s peci fi ed Protocols.
Timing
BVT A's repo rt(s) will be delivered within TBD full bu sin ess/working days after notice t o pr oce ed. Aft er en gagem ent, a call wil l
b e pla ce d t o th e des ignated o nsite Point o f Contact (PO C) pro vided by th e Cli ent i n o rd er t o schedu le th e site visit(s) ..
Documents to be Furnished by Client
In orde r to facilitate a cursory review of pre -ex isting doc uments for each Pr oje ct , BVTA as ks to be furn ishe d with electron ic o r
printed co pi es of availabl e site i nforma t ion.
Ple ase feel free to contact me at (8 00 ) 733-0660 x.27 04 or Erik.Piller@bureau veritas .co m sho uld yo u have an y q uestions . BV TA
we lco mes th e opportunity t o be of se rvice.
Since rely,
Burea u Veritas Tec hnica l Assess ments LL C
Erik S. Pill er. Se ni o r Vice Pres id en t , Sa les and Marketing
Attachments · Description of Servic es, Proj ect Authorization
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2lll 7
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151866.21P, p. 2
11/8/2021
Description of Services
Asset Management Consulting
1) Ongoing Consulting Support-$2.500 per annum
a. BV will put in place a program to provide annual support of the capital budgeting program and the
upkeep of the AssetCALC database
b. Annual review of database -updating all completed projects -setting up replacement components,
tracking replacement costs, actual vs budget
i. Update will include reviewing documentation and interview with regional managers will be
contacted and interviewed to determine if projects in the short-term plan have been
completed.
c. Update of unit costs in the AssetCALC cost library-reconcile BV cost library against current RSMeans
or other national database.
d. Data will be migrated to CityWorks.
2) Includes 1 year of AssetCalc subscription per annum.
On-Call Inspection
BV is available to the City of Rancho Palos Verdes for as-needed assessment, inspection, and plan review services .
Disciplines include Architectural, Structural, Civil, Mechanical, and Electrical. BV will provided City with prioritized
emergency response timing (48 hour or less).
Team Role Hourly Ra t e ($)
Pro j ect Executive $175.00
Program Manager $135.00
Pro j ect Manager I / Assesso r $115.00
Pro j ect Manager II / Assessor/ CASp $125.00
Qua li t y Contro l Manager $135.00
Techn ica l Repo rt Reviewer $105.00
Administrative $60.00
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OWINGS MIL LS, MD 2lll 7
P 800 .733 .0660 I F 410 .785 .6220 I WWW.US.BUR EAUV ERITAS .CO M
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151866.21P, p. 3
11 /8/2021
Project Authorization
To con tract with BVTA fo r th is p rojec t, please re view and edit the info rma tion below, sign, and ret urn the entire agreement to BVTA
Client Contact & Report Addressee:
Mr. Ja mes O'Ne ill
City of Rancho Pa los Ve rdes
30940 Haw th orn e Boul eva rd
Rancho Pa los Verdes, Califo rn ia 90275
Phone: (310) 544 -52 47
Email: ionei l l@ rpvca gov
Project Infor mation :
Property Name: City of Rancho Pa los Verdes
City/County: Ranc ho Palo s Ve rd es
Buildin g Informatio n:
Ty p e of Project: Gove rnm en t / Park s
Sites: 8 Acres: Vario us
Re port & Invoice Recipien t:
Mr. James O'N eill
City of Ranc ho Palos Ve rdes
30940 Hawth o rn e Bo uleva rd
Ra nc ho Palos Verd es , Ca l ifo rn ia 90275
Address:
State/Zip: Californ i a
Squ a re Feet: Va rious
Re port Delivery Date:
if requ ired .
TBD busin ess d ays from rece ipt of sig ned "Proj ect Autho ri zat ion" t o proceed, site contact an d mo b ilizat ion fe e,
Asset Manageme nt Cons ulti ng
Option : Ci t yWorks Recon ciliat i on -$2500 -o ne yea r + AssetCa lc
El ectronic Rep o rt Delivera bles: Bl/TA 's standard electron ic de livery is through automated email links to our repo rts. If you prefer an alterna te
delivery me thod, please select one of our options listed belo w:
D Drop b ox™ D Post ed to BV TAWebs ite D Posted t o You r Webs ite
Site Po in t of Con tact: (th e POC shall be deemed an agent of the client for providin g ac cess and conveying site data)
I POC: I POC Phon e:
POC E-ma il : PO C Ce l l :
Invoicin g: (Select Qt:J.£ of the foll owing to assure invoices appea r as required by you r Accou n ts Payab le Deportment)
Co nso lida t ed Invo ici ng by: D One (1) Co nso lidated Invo ice (e .g.1 invoice per signed En g agem ent)
Ind ividua l Invo icing by D Prop ert y(ies) D Se rvice Type (s) D Property and Servi ce Type
I have read and ve rified t he accuracy of t he i nfo rmation set fo rth above, and in Prop osa l No.151866.2 1P, includi ng th e legal name of t he Client. I hereby
ce rtify that I am an emp loyee au th ori ze d t o sign th is co nt rac t on beha lf of t he Cli ent, and by my signa ture below I he reby ac cept th e Prop osal, as
addressed to my company and auth oriz e BVTA to p ro ceed w it h t he Services as descri bed. Sho uld any pro j ec t information change, I un dersta nd t hat
add itiona l fee s ma y ac cr ue, and t he due date may be extende d.
Auth orized Signature
Co m pa ny Na m e
(Print ed Name) Phone#
Title Dat e
BUREAU VERITAS 10461 MILL RUN CIRC LE, SUITE ll00, OW INGS MIL LS, MD 2 lll 7
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Page 1 of 39
City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
City of Rancho Palos Verdes
Request for Proposals
ENGINEERING SERVICES FOR THE CITY’S
FACILITIES ASSET MANAGEMENT PROGRAM
Public Works Department
Attention: James O'Neill, Project Manager
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: (310) 544-5247 | Email: joneill@rpvca.gov
RFP Release Date: July 16, 2021
Request for Clarification Deadline: 4:30 p.m. July 28,
2021
RFP Submittal Deadline: 4:30 p.m. August 10, 2021
E-1Pl
Page 2 of 39
City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
ENGINEERING SERVICES FOR THE CITY’S FACILITIES ASSET
MANAGEMENT PROGRAM
The City of Rancho Palos Verdes is requesting proposals from qualified
consulting firms for Engineering services for the City’s Facilities Asset
Management Program.
All correspondence and questions regarding this RFP should be submitted via
email to:
James O'Neill, Project Manager
Email: joneill@rpvca.gov
To be considered for this project, submit an electronic copy of the proposal to the
above email address by 10:00AM, on August 10, 2021
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City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 4
IV. Scope of Services Page 4
V. Preliminary Project Schedule Page 5
VI. Necessary Qualifications and Submittal
Requirements Page 6
VII. Submission of Proposal Page 8
VIII. Evaluation and Selection Process Page 8
IX. Attachments
Attachment A – Site Locations Page 11
Attachment B – Sample Professional Services Agreement Page 12
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City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that some services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists o f five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
proposers’ review.
II. PROJECT OBJECTIVE
The City is seeking a comprehensive report on the existing conditions of its main
facilities (excluding the Ladera Linda Community Center) and formal recommendations
on maintenance, repairs and replacement of components.
III. PROJECT DESCRIPTION AND BACKGROUND
The City’s Facilities Asset Management Program is being established and is intended to
assess and maintain City Facilities regularly. This initial step is intended to inspect the
existing facilities and determine their condition, and to obtain formal recommendations
for a schedule of needed maintenance, repairs and replacement of components, with
estimated costs.
IV. SCOPE OF SERVICES
The City is accepting proposals for Engineering Services to support the City’s Facilities
Asset Management Program through inspections and assessments of City facilities and
formal recommendations.
SCOPE OF WORK
1. Performing a comprehensive inspection of the existing conditions of the City’s five
main facilities (the Civic Center buildings (4), Eastview Park, Hesse Park, the Point
Vicente Interpretive Center (PVIC), and Ryan Park)
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City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
2. Creating a formal report with the following components:
a. Explanation and definitions for condition rating system
b. Condition rating for each component
c. List of required maintenance, repairs, and replacement; by component
d. Categorization of maintenance, repairs, and replacement; such as safety,
code compliance, regulatory compliance, functionality, preventative
maintenance to extend useful lie, etc.
e. Recommended prioritization of maintenance, repairs and replacement
f. Estimated costs for each recommended maintenance, repair or
replacement item listed (including soft costs, contingencies and escalation)
i. Life-cycle dollar value of benefit derived from each maintenance,
repair or replacement action; for example, preventative maintenance
action “A” extends the life of component by “X” years such that
replacement only needs to occur once in a period of “Y” years instead
of twice; with a capital outlay savings of “Z”
g. Recommended schedule for maintenance, repairs and replacement
3. Creating a PowerPoint presentation to present the report to:
a. Staff (initial draft)
b. Infrastructure Management Advisory Committee (revised draft)
c. City Council
4. Revising the report, its components, and associated PowerPoint presentation after
each formal review (staff review and Infrastructure Management Advisory
Committee)
5. Finalizing the report after City Council review
Consultant shall complete other tasks deemed necessary for the accomplishment of a
complete and comprehensive outcome as described in the project objective. Consultant
shall expand on the above-noted tasks, where appropriate, and provide suggestions
which might lead to efficiencies and enhance the results or usefulness of the work.
Deliverables
As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City.
1. A formal report with the components outlines above
City staff may request that check-sets or working versions of documents be submitted
for ongoing routine review. City staff will review all deliverables, including preparatory or
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City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
record materials for service deliverables, and provide comments. Consultant is required
to revise draft deliverables to address City staffs’ comments.
V. PRELIMINARY PROJECT SCHEDULE
A. RFP Schedule
The following is the anticipated schedule for the RFP process:
Request for Proposal available July 16, 2021
Request for Clarification due July 28, 2021
Proposals due August 10, 2021
Anticipated Notice of Award September 21, 2021
B. Anticipated Project Schedule
Inspections October 2021
Draft Report, estimates, schedule, PowerPoint, etc. November 2021
Presentation to Infrastructure Management Advisory Committee January 2022
Present to City Council February 2022
Please note that this schedule is preliminary. It is included to provide the Consultant
with a sense of the expected timeline for the Scope of Service and emphasize the
urgent nature of the work and the City’s expectation that the Scope of Services will be
completed as quickly as possible. The ideal Consultant candidate will have available
resources and personnel, either in-house or under subcontract, to ensure the
completion of the Scope of Services at the earliest possible time.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately
describing the qualifications of the firm. The final submittal shall be sent as a
PDF via email to James O'Neill, Project Manager at joneill@rpvca.gov.
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm; the
present staff (size, classification, credentials); the primary contact’s name,
phone number, and email address; any qualifying statements or comments
regarding the proposal; and identification of any sub-consultants and their
responsibilities. Identify the firm’s type of organization (individual, partnership,
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City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
corporation), including names and contact information for all officers, and
proof that the organization is currently in good standing. The signed letter
should also include a paragraph stating that the firm is unaware of any conflict
of interest in performing the proposed work. (No more than two pages)
b) Approach to Scope of Services: Re-state the Scope of Services with any
additions, expansions, clarifications, or modifications that the firm proposes in
order to provide the services and produce the deliverables contained in this
RFP. Describe how completing the Scope of Services will be approached and
any cost-saving or value-adding strategies or innovations the firm will bring to
the project. (No more than two pages)
c) Organization and Staffing: Identify the person who will be the Project
Manager and primary contact person responsible for the overall delivery of
the project. Provide an organizational chart of the project team that clearly
delineates communication and reporting relationships among the project staff
and among the sub-consultants involved in the project. Identify key personnel
to perform work in the various tasks and include major areas of subcontracted
work. Indicate the expected contributions of each staff member in time as a
percentage of the total effort. Specifically show the availability of staff to
provide the necessary resource levels to meet the City’s needs. Indicate that
the Project Manager and key staff will remain assigned to this project through
completion of the Scope of Services. (No more than two pages)
d) Staff Qualifications and Experience: Describe qualifications of the assigned
staff and sub-contractors including relevant technical experience. Staff
assigned to complete the Scope of Services must have p revious experience
in providing the necessary services as described under the Scope of
Services. A registered Professional Engineer must be the Project Manager.
Description of Consultant’s experience should include:
Prior Experience: Demonstrate that the firm has significant experience
providing services similar to those described under the Scope of Services.
(No more than two page)
Staff Qualifications: Provide resumes for the Project Manager and any
other key staff members to be assigned to contribute to the Scope of
Services, with an emphasis on similar services which they provided to
other agencies. (No more than ten pages)
Reference Projects: Include at least three projects with similar scope of
services performed by the project team within the past three years and
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City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
indicate the specific responsibilities of each team member on the
reference project. Provide contact information for each client. (No more
than ten pages)
e) Project Schedule: Provide a detailed critical-path-method schedule for
completion of the tasks and sub-tasks required to accomplish the scope of
work. Note all deliverables and interim milestones on the schedule. (No more
than one 11” x 17” page)
f) Quality Control Plan: Describe the quality control procedures and associated
staff responsibilities which will ensure that the deliverables will meet the City’s
needs. (No more than one page)
g) Acceptance of Conditions: State the offering firm’s acceptance of all
conditions listed in the Request for Proposal (RFP) document and Sample
Professional Services Agreement (Attachment D). Any exceptions or
suggested changes to the RFP or Professional Services Agreement (PSA),
including the suggested change, the reasons therefore and the impact it may
have on cost or other considerations on the firm’s behalf must be stated in the
proposal. Unless specifically noted by the firm, the City will rely on the
proposal being in compliance with all aspects of the RFP and in agreement
with all provisions of the PSA. (No more than one page)
VII. Submission of Proposal
A. Requests for Clarification
Requests for clarification of the information contained herein shall be submitted
in writing prior to 4:30 pm on July 28, 2021. Responses to any clarification
question will be provided to each firm from which proposals have been
requested. It is highly recommended that the prospective consultant firms visit
the City to view the project location prior to submitting a request for clarification.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request an email
confirmation that the proposal was received and retain the email as a record. If an
email confirmation is not received, the proposing firm shall correspond with the
City until a confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services (25%)
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City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
Understanding of the Scope of Services as demonstrated by the
thoroughness of the proposal, introduction of cost-saving or value-adding
strategies or innovations (including those applying to overall project
schedule), and an overall approach most likely to result in the desired
outcome for the City.
b) Proposal Schedule (20%)
Ability to complete the work in the shortest schedule possible (excluding
time for review and community meetings).
c) Staff Qualifications and Experience (30%)
Relevance of experience of the proposing firm (to provide support
resources to the project team)
Relevance of experience and strength of qualifications of the Project
Manager
Relevance of experience and strength of qualifications of the key
personnel performing the work
Relevance of referenced projects and client review of performance during
those projects
d) Organization and Staffing (15%)
Availability of key staff to perform the services throughout the duration of
the project
Assignment of appropriate staff in the right numbers to perform the Scope
of Services
Appropriate communication and reporting relationships to meet the City’s
needs
e) Quality Control (10%)
Adequate immediate supervision and review of staff performing the work
as well as appropriate independent peer review of the work by qualified
technical staff not otherwise involved in the project.
2. Selection Process
An evaluation panel will review all proposals submitted and select the top
proposals. The City will then further refine the scope and schedule with that firm
and request a time-and-materials, with a not-to exceed amount, fee proposal. The
City will negotiate the fee with that firm. The City reserves the right to negotiate
special requirements and proposed service levels using the selected proposal as
a basis. If the City is unable to negotiate an agreeable fee for services with top
firm, the City will negotiate with the next firm chosen among the top firms.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection process
and intent to award. This RFP does not commit the City to award an agreement,
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City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
nor pay any costs incurred in the preparation and submission of the proposal in
anticipation of an agreement. The City reserves the right to reject any or all
proposals, or any part thereof, to waive any formalities or informalities, and to
award the agreement to the proposer deemed to be in the best interest of the City
and the Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see sample
City agreement in Attachment B) with the City, in a form approved by the City
Attorney, to perform the Scope of Services. This RFP and the proposal, or any part
thereof, may be incorporated into and made a part of the final agreement; however,
the City reserves the right to further negotiate the terms and conditions of the
agreement with the selected consultant. The agreement will, in any event, include
a maximum "fixed cost" to the City.
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Attachment A
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City of Rancho Palos Verdes
RFP- Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
Site locations
Hesse Park
PVIC
Civic Center
Ryan Park Eastview Park
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TORRANCE
LOf.1ITA
PALOS VERDES ESTATES
ROLLING HILLS
Attachment B
01203.0001/699504.1 EQG 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
____________________________________
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01203.0001/699504.1 EQG
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
______________________________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into on ______________________, 2021, by and between the CITY OF RANCHO
PALOS VERDES, a California municipal corporation (“City”) and
_________________________, a [form of company] (“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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal 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”, as stated in the Proposal, 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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Attachment B
01203.0001/699504.1 EQG 2
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 Proposal 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. Consultant shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Consultant 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, Consultant
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Consultant 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. Consultant 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
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar day,
or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for
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Attachment B
01203.0001/699504.1 EQG 3
the work or craft in which the worker is employed for any public work done pursuant to this
Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant 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. Consultant 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. Consultant
shall be responsible for compliance with these aforementioned Sections for all apprenticeable
occupations. Prior to commencing work under this Agreement, Consultant shall provide City with
a copy of the information submitted to any applicable apprenticeship program. Within 60 (sixty)
days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants
shall submit to the City a verified statement of the journeyman and apprentice hours performed
under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars) for each
worker employed in the performance of this Agreement by the Consultant or by any subcontractor
for each calendar day during which such worker is required or permitted to work more tha n 8
(eight) hours in any one calendar day and 40 (forty) 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 Consultant in excess of 8 (eight) hours per
day, and 40 (forthy) 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 1½ (one and one
half) 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, Consultant 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.”
Consultant’s Authorized Initials ________
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Attachment B
01203.0001/699504.1 EQG 4
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant 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. Consultant 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. Consultant 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 in the form of a Change Order.
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.
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
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Attachment B
01203.0001/699504.1 EQG 5
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 m ay be
undertaken unless a written Change 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 15% of the Contract Sum; or,
in the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through
a written Change Order. 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 Consultants. 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.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs and
proposed schedule impacts.
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 $XXX (_______________ Dollars) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.9. Annual compensation shall not
exceed $___________ (_____________ Dollars).
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Attachment B
01203.0001/699504.1 EQG 6
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services; (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, and
(b) 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, using the City template,
or in a format acceptable to the City, 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 45 (forty-five) 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.
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Attachment B
01203.0001/699504.1 EQG 7
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
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 through a Change
Order, but not exceeding 90 (ninety) 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 10 (ten) 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 [INSERT
PERFORMANCE PERIOD] from the date hereof, except as otherwise provided in the Schedule
of Performance (Exhibit “D”). The City may, in its discretion, extend the Term by [INSERT
NUMBER OF EXTENSIONS] additional [INSERT DURATION OF EXTENSIONS]-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:
__________________________ __________________________
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(Name) (Title)
__________________________ __________________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
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 the personnel included in the Proposal 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
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 [INSERT NAME OF CONTRACT OFFICER] or such
person as may be designated by the [INSERT DEPARTMENT HEAD]. 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 do cuments on behalf of the City
required hereunder to carry out the terms of this Agreement.
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4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
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; all subcontractors included in
the Proposal are deemed approved. 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 25% (twenty five percent) 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
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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
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 and continuously maintain the insurance it deems
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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.
(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 specificall y 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 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) 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.
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(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
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 90 (ninety) 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 cooperate with the City in
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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
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
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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 15 (fifteen) days, but may be extended, though not reduced, if circumstances
warrant. During the period of time that Consultant is in default, the City shall hold all invoices and
shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City
may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of
default. If Consultant does not cure the default, the City may take necessary steps to terminate this
Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s
default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out
of any provision of this Agreement.
7.3 Retention of Funds.
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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 failin g 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 dela y or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the r ight to terminate this
Contract at any time, with or without cause, upon 30 (thirty) 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. Upon receipt of any notice of
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termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. 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
of termination without cause pursuant to this Section, the City need not provide the Consultant
with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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.
(b) Consultant may, after compliance with the provisions of Section 7.2, terminate the
Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued
on commencement of such action and shall be enforceable whether or not such action is prosecuted
to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
E-29
Attachment B
01203.0001/699504.1 EQG 18
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.
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.
E-30
Attachment B
01203.0001/699504.1 EQG 19
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.
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 indirectl y 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.
E-31
Attachment B
01203.0001/699504.1 EQG 20
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 a nd 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 execut e 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]
E-32
Attachment B
01203.0001/699504.1 EQG 21
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
Eric Alegria, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT ’S SIGNATURES SHALL BE
DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S
BUSINESS ENTITY.
E-33
01203.0001/699504.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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.
E-34
□ □
□ □ □ □ □ □
□
01203.0001/699504.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 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.
E-35
□ □
□ □ □ □ □ □
□
01203.0001/699504.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
[ATTACH SCOPE OF SERVICES FROM PROPOSAL]
E-36
01203.0001/699504.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
E-37
01203.0001/699504.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
[INSERT COMPENSATION FROM PROPOSAL]
E-38
Attachment G
01203.0001/699504.1 EQG C-2
EXHIBIT “D” SCHEDULE OF PERFORMANCE
[INSERT SCHEDULE OF PERFORMANCE FROM PROPOSAL]
E-39
July 29, 2021
ADDENDUM NO. 1
TO THE REQUEST FOR PROPOSALS (RFP) FOR
ENGINEERING SERVICES FOR THE CITY’S FACILITIES ASSET MANAGEMENT PROGRAM
The following changes (revisions, additions, and/or deletions) as noted below, are hereby
incorporated and made a part of the request for proposals for Engineering Services for the City’s
Facilities Asset Management Program. Portions of the RFP, not specifically mentioned in the
Addendum, remain the same. All trades affected shall be fully advised of these revisions,
deletions, and additions.
This Addendum forms a part of the request for proposals for Engineering Services for the City’s
Facilities Asset Management Program and modifies the original request for proposals.
Each proposer shall be responsible for ascertaining, prior to submitting a proposal, that it has
received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON
THE PROPOSER’S CERTIFICATION, attached. A proposer’s failure to address the
requirements of this addendum or failure to acknowledge the receipt of this addendum may result
in that proposal being rejected.
Note the following changes and/or additions to the on-call construction management & inspection
services request for proposals. The proposer shall execute the Certification at the end of this
addendum and shall attach all pages of this addendum to the proposal.
Delete: Page 4
Replace with: Revised page 4 (Attached) to add to the list of facilities
End of Addendum No. 1
Any questions regarding this Addendum should be directed to the James O’Neill, at (310)
544-5247.
______________________________
James O’Neill.
Project Manager
E-40
C ITYOF RANCHO PALOS VERDES
PU3LC WORKS DEPARTMENT
PROPOSER'S CERTIFICATION
I acknowledge receipt of the foregoing Addendum No. 1 and accept all conditions
contained therein.
___________________________
Proposal’s Signature
___________________________ ____________________
By Date
Please sign above and include this signed addendum in the proposal package. Failure to
do so may result in that proposal being rejected.
E-41
Page 4 of 39
City of Rancho Palos Verdes
RFP‐ Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that some services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
proposers’ review.
II. PROJECT OBJECTIVE
The City is seeking a comprehensive report on the existing conditions of its main
facilities (excluding the Ladera Linda Community Center) and formal recommendations
on maintenance, repairs and replacement of components.
III. PROJECT DESCRIPTION AND BACKGROUND
The City’s Facilities Asset Management Program is being established and is intended to
assess and maintain City Facilities regularly. This initial step is intended to inspect the
existing facilities and determine their condition, and to obtain formal recommendations
for a schedule of needed maintenance, repairs and replacement of components, with
estimated costs.
IV. SCOPE OF SERVICES
The City is accepting proposals for Engineering Services to support the City’s Facilities
Asset Management Program through inspections and assessments of City facilities and
formal recommendations.
SCOPE OF WORK
1. Performing a comprehensive inspection of the existing conditions of the seven of
the City’s five main facilities (the Civic Center buildings (4), Eastview Park, Hesse
Park, the Point Vicente Interpretive Center (PVIC), and Ryan Park, Abalone Cove,
Portuguese Bend Nursery School, and restroom at Pelican Cove)
E-42
July 29, 2021
ADDENDUM NO. 1
TO THE REQUEST FOR PROPOSALS (RFP) FOR
ENGINEERING SERVICES FOR THE CITY’S FACILITIES ASSET MANAGEMENT PROGRAM
The following changes (revisions, additions, and/or deletions) as noted below, are hereby
incorporated and made a part of the request for proposals for Engineering Services for the City’s
Facilities Asset Management Program. Portions of the RFP, not specifically mentioned in the
Addendum, remain the same. All trades affected shall be fully advised of these revisions,
deletions, and additions.
This Addendum forms a part of the request for proposals for Engineering Services for the City’s
Facilities Asset Management Program and modifies the original request for proposals.
Each proposer shall be responsible for ascertaining, prior to submitting a proposal, that it has
received all issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON
THE PROPOSER’S CERTIFICATION, attached. A proposer’s failure to address the
requirements of this addendum or failure to acknowledge the receipt of this addendum may result
in that proposal being rejected.
Note the following changes and/or additions to the on-call construction management & inspection
services request for proposals. The proposer shall execute the Certification at the end of this
addendum and shall attach all pages of this addendum to the proposal.
Delete: Page 4
Replace with: Revised page 4 (Attached) to add to the list of facilities
End of Addendum No. 1
Any questions regarding this Addendum should be directed to the James O’Neill, at (310)
544-5247.
______________________________
James O’Neill.
Project Manager
E-43
C ITYOF RANCHO PALOS VERDES
PU3LC WORKS DEPARTMENT
PROPOSER'S CERTIFICATION
I acknowledge receipt of the foregoing Addendum No. 1 and accept all conditions
contained therein.
___________________________
Proposal’s Signature
___________________________ ____________________
By Date
Please sign above and include this signed addendum in the proposal package. Failure to
do so may result in that proposal being rejected.
E-44
Page 4 of 39
City of Rancho Palos Verdes
RFP‐ Engineering Services for the City’s Facilities Asset Management Program
July 16, 2021
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000, located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that some services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
proposers’ review.
II. PROJECT OBJECTIVE
The City is seeking a comprehensive report on the existing conditions of its main
facilities (excluding the Ladera Linda Community Center) and formal recommendations
on maintenance, repairs and replacement of components.
III. PROJECT DESCRIPTION AND BACKGROUND
The City’s Facilities Asset Management Program is being established and is intended to
assess and maintain City Facilities regularly. This initial step is intended to inspect the
existing facilities and determine their condition, and to obtain formal recommendations
for a schedule of needed maintenance, repairs and replacement of components, with
estimated costs.
IV. SCOPE OF SERVICES
The City is accepting proposals for Engineering Services to support the City’s Facilities
Asset Management Program through inspections and assessments of City facilities and
formal recommendations.
SCOPE OF WORK
1. Performing a comprehensive inspection of the existing conditions of the seven of
the City’s five main facilities (the Civic Center buildings (4), Eastview Park, Hesse
Park, the Point Vicente Interpretive Center (PVIC), and Ryan Park, Abalone Cove,
Portuguese Bend Nursery School, and restroom at Pelican Cove)
E-45
FY2021-22 Capital Improvement Program
8500 Series Public Buildings Projects Project Code: 8509
Facilities Asset Management Program
This program is intended assess and maintain City Facilities regularly, and
consists of:
‐ Inspecting the existing facilities and determining their condition
‐ Recommending a schedule for needed maintenance, repairs and
replacement of components, with estimated costs
‐ Carrying out the work
Project Cost Estimates
Prior FYs FY21/22 FY22/23 FY23/24 FY24/25 FY25/26 FY TBD Totals
Planning N/A $100,000 TBD TBD TBD TBD TBD TBD
Engineering N/A $0 TBD TBD TBD TBD TBD TBD
Environmental N/A $0 TBD TBD TBD TBD TBD TBD
Management N/A $0 TBD TBD TBD TBD TBD TBD
Construction N/A $0 TBD TBD TBD TBD TBD TBD
Contingency N/A $0 TBD TBD TBD TBD TBD TBD
Inspection N/A $0 TBD TBD TBD TBD TBD TBD
N/A $0 TBD TBD TBD TBD TBD TBD
Funding
330 (CIP) N/A $100,000 TBD TBD TBD TBD TBD TBD
N/A $100,000 TBD TBD TBD TBD TBD TBD
Estimated annual operating cost None
Estimated Schedule:
Comprehensive condition assessment in FY 2021-22
Project Location Map Background and Justification:
This is an asset management program for all City Facilities to create a
schedule of ongoing maintenance and repairs for the City’s five main
facilities:
‐ Civic Center
‐ Eastview Park
‐ Hesse Park
‐ Point Vicente Interpretive Center
‐ Ryan Park
F-1
C llYOl ~CHO PAlDS VERDES