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CC SR 20221115 H - Amendment No 1 to Hout PSA for PVDS Repair Mgmt CITY COUNCIL MEETING DATE: 11/15/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to approve Amendment No. 1 to the professional services agreement with Hout Construction Services, Inc. for Palos Verdes Drive South roadway inspection and construction management in the Portuguese Bend Landslide area. RECOMMENDED COUNCIL ACTION: (1) Approve Amendment No. 1 to the professional services agreement with Hout Construction Services, Inc., thereby extending the agreement through June 30, 2024, increasing the not-to-exceed amount for the Palos Verdes Drive South Roadway Repair Management task by $82,317.50 for the period from February 15, 2023 through June 30, 2023, and by $202,800.86 for the period from July 1, 2023 through June 30, 2024, therefore increasing the total contract not-to-exceed sum from $499,699.20 to $784,817.56; and (2) Authorize the Mayor and City Clerk to execute the Amendment No. 1, in a form approved by the City Attorney. FISCAL IMPACT: Approval of Amendment No. 1 to the professional services agreement will result in expenditures up to $82,317.50 for Fiscal Year 2022-23; and up to $202,800.86 for Fiscal Year 2023-24, subject to City Council budget appropriation. Amount Budgeted: $930,000 Additional Appropriation: N/A Account Number(s): 215-400-8302-8001 (Prop C – Palos Verdes Drive South Landslide Area Resurfacing Program) 330-400-8302-8001 (CIP – Palos Verdes Drive South Landslide Area Resurfacing Program) ORIGINATED BY: Ron Dragoo, Principal Engineer REVIEWED BY: Ramzi Awwad, Director of Public Works APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Amendment No. 1 to the Professional Services Agreement with Hout Construction Services, Inc. (page A-1) B. February 15, 2022, Staff Report (page B-1) 1 C. Professional Services Agreement with Hout Construction Services, Inc. (page C-1) D. Roadway Repairs Inspection Report (page D-1) E. Hout Proposal (page E-1) BACKGROUND AND DISCUSSION: On February 15, 2022, the City Council awarded a Professional Services Agreement (PSA) to Hout Construction Services, Inc. (Hout) for project management services associated with the Portuguese Bend Area landslides in the not to exceed amount of $499,699 (Attachments B & C). The agreement included four tasks; the scope of Task 3 was to establish a program that could be used to manage the roadway inspections and repair activities to Palos Verdes Drive South in the Portuguese Bend Landslide area. This Amendment to the PSA is specific to Task 3. As required in Task 3, the review of the roadway inspection and construction management protocols that were in place prior to approval of the PSA have been completed. Accordingly, Hout developed a program that provides routine inspections of roads that are affected by landslide movement in the city and performs geotechnical reviews of roadway conditions as needed in the landslide area. The inspections are documented in a bi-weekly Roadway Repairs Inspection Report (Attachment D). The Inspection Report identifies areas that need maintenance and is used to track movement in the roadway and determine when repairs are required based on field observations. When repairs become necessary, Hout develops a scope of work for the repairs, coordinates the repairs with the City’s on-call landslide roadway repair contractor (currently Hardy & Harper), solicits a proposal from said contractor, qualifies the proposal with the appropriate bid items, coordinates the proposal with staff so a purchase order can be opened, schedules the construction project with the contractor, provides construction management and inspection services during construction, and provides post inspection reports. The existing PSA will expire February 15, 2023, however services specific to Task 3 are required on an ongoing basis. Staff requested and received a proposal from Hout (Attachment E) to continue its inspection and construction management services through the end of the current fiscal year and for the next fiscal year, FY2023-24 (contingent upon City Council budget approval). The cost to continue the program 4.5 additional months this fiscal year is $78,317.50. The cost of services for 12 months through June 30, 2024, are $191,800.86. Geotechnical services are included on an as-needed basis with a line- item amount not-to-exceed $15,000 resulting in an increase in total compensation by $285,118.36. The program established by Task 3 is working very well and has allowed staff to focus on other important activities and Department programs that are less suited for external consultants. The support provided by Hout is needed to continue this proactive inspection 2 and construction management program. Accordingly, the City Council is being asked to authorize an extension of the agreement through June 30, 2024 and increase the not-to- exceed total amount of this contract by $82,317.50 (including the not-to-exceed sum of up to $4,000 for geotechnical services) through June 30, 2023, and $202,800.86 (including the not-to-exceed amount of up to $11,000 for geotechnical services) during FY 2023-24 increasing authorized expenditure for Task 3 from $156,432 to $441,550.36 and increasing the Contract Sum from $499,699.20 to $784,817.56. A project budget summary is provided below. ADDITIONAL INFORMATION: Although the focus of this professional services agreement is on Palos Verdes Drive South in the Landslide area; these services are also used in related areas, such as the Seaview Neighborhood, when necessary. CONCLUSION: Given the need for ongoing consultant inspection and construction management of Palos Verdes Drive South in the Landslide area, Staff recommends the City Council approve Amendment No. 1 (Attachment A) to the professional services agreement with Hout Construction Services, Inc. This amended agreement is structured in a not-to-exceed format. If the need for services decreases during the term of this amended agreement, the City is not obligated to request any work nor expend any funds. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: Fund Budget Notes 215 613,379.32 FY22-23 Adopted Budget 215 900,000.00 FY22-23 Adopted Budget 330 30,000.00 Total Project Budget 1,543,379.32 Fund Budget Committed Expenditures as of 11/04/2022 Balance 8001 Professional/Technical Services 215 261,297.00 24,218.20 173,911.80 63,167.00 8005 Engineering Design 215 40,000.00 13,165.60 - 26,834.40 8006 Inspection 215 86,008.00 - 11,008.00 75,000.00 8802 Other Improvemens 215 1,126,074.32 201,492.00 416,074.32 508,508.00 8802 Other Improvemens 330 30,000.00 - - 30,000.00 1,543,379.32 238,875.80 600,994.12 703,509.40 -$ 238,875.80$ 600,994.12$ 703,509.40$ 8302 - Annual Portuguese Bend Landslide Area Resurfacing Project Total Description FY21-22 Revised Budget Project Costs: 3 1. Do not approve Amendment No. 1 to the professional services agreement with Hout Construction Services, Inc. and provide additional direction to Staff. 2. Take other action, as deemed appropriate. 4 01203.0001/834416.2 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and HOUT CONSTRUCTION SERVICES, INC., a California corporation d/b/a HOUT ENGINEERING (“Consultant”) is effective as of November 15, 2022. RECITALS A. City and Consultant entered into an Agreement for Professional Services dated February 15, 2022 (“Agreement”) whereby Consultant agreed to provide project management services for projects associated with the Portuguese Bend Area landslides for a term of 1 year and a maximum contract sum of $499,699.20; and B. Ongoing work specific to Task 3 Palos Verdes Drive South Roadway Repair Management, as further described in Exhibit “A” to the Agreement (“Task 3”), is required beyond the original contract term; and C. City has been pleased with Consultant’s performance of the Agreement and desires to continue the inspection and construction management program developed by Consultant specific to Task 3; and D. Based on the continuing demand for services specific to Task 3, City and Consultant now desire to amend the Agreement to (1) extend the term of the Agreement to expire on June 30, 2024, and (2) increase total compensation by $285,118.36 to cover the costs of Task 3 through June 30, 2024, for a not-to-exceed total Contract Sum of $784,817.56. TERMS 1. Contract Changes. The Agreement, as amended, is further amended as provided hereinafter. (Deleted text is indicated in strikethrough & added text in bold & italics.) a. Section2.1, Contract Sum, is amended to read: “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 $499,699.20 (Four Hundred Ninety-Nine Thousand and six hundred and ninety nine 20/100 Dollars) $784,817.56 (Seven Hundred Eighty-Four Thousand Eight Hundred Seventeen and 56/100 Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.” b. Section 3.4, Term, is amended to read: “Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of A-1 01203.0001/834416.2 -2- the services but not exceeding June 30, 2024 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit D).” c. Task 3 of Exhibit C, Schedule of Compensation, is amended to read: “Task 3 Palos Verdes Drive South Roadway Repair Management (through February 15, 2023): Task 3 Palos Verdes Drive South Roadway Repair Management (February 16, 2023 – June 30, 2024: February 16, 2023 – June 30, 2023 Staff Sam Hout Adam Hout Emily Yu Briana Arquette Jayme Fairfield Total Total Estimated Hours 100 50 50 250 50 500 Billing Rate ($/hour) $250.00 $178.84 $163.43 $120.68 $120.68 Budgeted Cost $25,000.00 $8,942.00 $8,171.50 $30,170.00 $6,034.00 $78,317.50 July 1, 2023 – June 30, 2024 Total Estimated Hours 240 120 120 600 120 1200 Billing Rate ($/hour) $250.00 $184.21 $168.33 $124.30 $124.30 Budgeted Cost $60,000.00 $22,104.62 $20,199.95 $74,580.24 $14,916.05 $191,800.86 Additional Support Services – February 16, 2023 – June 30, 2024 Field Inspections – Ninyo & Moore (Ron Hallum) $15,000.00” A-2 01203.0001/834416.2 -3- d. Task 3 of Exhibit D, Schedule of Performance, is amended to read: “Task 3 Palos Verdes Drive South Roadway Repair Management Complete all work associated with Task 3 as described in Exhibit A, Scope of Services by June 30, 2024within 12 months of notice to proceed for this task.” 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5. Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] A-3 01203.0001/834416.2 -4- 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 ____________________________________ David L. Bradley, Mayor ATTEST: _________________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ William W. Wynder, City Attorney CONSULTANT: HOUT CONSTRUCTION SERVICES, INC. a California Corporation d/b/a HOUT ENGINEERING. By: ________________________________ Name: Sam Hout Title: CEO By: ________________________________ Name: Adam Hout Title: Vice President Address: 20250 SW Acacia Street # 150 Newport Beach, CA 92660 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. A-4 01203.0001/834416.2 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On __________, 2022 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-5 CITY COUNCIL MEETING DATE: 02/15/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to award a professional services agreement to Hout Engineering for project management services for projects associated with the Portuguese Bend Area landslides. RECOMMENDED COUNCIL ACTION: (1) Award a professional services agreement to Hout Engineering for project management services for projects associated with the Portuguese Bend Area landslides in the not to exceed amount of $499,699 with a 15% contingency of $74,955; (2) Authorize the Mayor to execute the professional services agreement, in a form acceptable to the City Attorney; and (3) Approve a reallocation (transfer of budget) of $85,760 from the Portuguese Bend Landslide Remediation Project to the Altamira Canyon Improvements Project. FISCAL IMPACT: The action will result in a City expenditure not-to-exceed $499,699 with a 15% contingency of $74,955. Amount Budgeted: $1,075,000 Additional Appropriation: None Account Number(s): 330-400-8304-8001 ($308,997) (CIP – Portuguese Bend Landslide Remediation) 215-400-8302-8001 ($179,897) (Proposition C – Palos Verdes Drive South Landslide Resurfacing) 330-400-8708-8001 ($85,760) (CIP-Alta Mira Canyon Drainage and Eroison Control) ORIGINATED BY: Ramzi Awwad, Public Works Director REVIEWED BY: Same as below APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Professional Services Agreement with Hout Engineering (page A-1) B. Proposal from Hout Engineering (page B-1) C. Request for Proposals for Landslide Program Manager (page C-1) CfTYOF RANCHO PALOS VERDES B-1 D. Capital Improvement Program Project Sheet for the Portuguese Bend Landslide Remediation Project (page D-1) E. Capital Improvement Program Project Sheet for the Palos Verdes Drive South Landslide Area Resurfacing Program Project (page E-1) F. Capital Improvement Program Project Sheet for the Altamira Canyon Improvements Project (page F-1) BACKGROUND: As a small contract City, Public Works routinely uses external consultants to enhance Staff capacity and obtain specific technical expertise to complete projects. For the various activities comprising the program associated with slowing the Portuguese Bend Area landslides (Landslide), Public Works has hired consultants to perform specific tasks. At this time, Public Works is in need of a program management company (Program Manager) to provide project management services for all of the activities and to coordinate the various projects and tasks associated with the Landslide , as summarized below. Land Movement Monitoring The City has regularly performed surveys within the Landslide area using Global Positioning System (GPS) methods to understand land movement trends. The surveys occur annually once in the fall, once in the winter, and once in the spring . The information is then published on the City’s website. The current surveying practice has not recently been reviewed to determine if it is using the most optimal method, occurring at the appropriate frequency, and occurring at the appropriate locations. Additionally, there is a need to revise the reporting format published on the City’s website so that it can be understood by layp ersons. A project management company can provide the necessary expertise to perform this work. Portuguese Bend Landslide Remediation Over the past several years, the City has been working towards minimizing land movement in the Portuguese Bend Landslide (PBL) area. A feasibility study for stabilizing the PBL was completed on August 7, 2018. Subsequently, a proposed remediation design was prepared and accepted by the City Council on December 17, 2019. The proposed design consisted of a series of mitigation measures following a phased approach to construction. The measures consist of infilling surface fractures to prevent storm water runoff from easily becoming part of ground water, installing a surface drainage system to convey storm water runoff to the ocean and prevent it from becoming part of groundwater, and installing hydraugers to alleviate underground artesian water pressure. In 2020, the City began work on the environmental document (environmental impact report) required by the California Environmental Quality Act (CEQA) by hiring Chambers B-2 Group to complete the necessary steps. Through the environmental process during the scoping meeting, the City Council recommended studying project alternatives. At this time, the City is in need of additional external resources to complete the environmental clearance process in a timely manner. A project management company can provide the environmental specialists needed to manage the day -to-day work of Chambers Group to assure that they remain on scope, schedule, and budget. Additionally, environmental specialists from a project management company can review the work of Chambers group to assure that it meets the City’s needs , as well as assist with strategies for responding to external comments. The expertise of a project management company is also needed to perform a peer review of the design work to date. Because landslides are a niche in civil engineering, external technical expertise is needed to supplement in-house staff. A project management firm can provide, among other things, a peer review of the design work to date. There are many opinions in the community on how to effectively slow the Landslide and a peer review can analyze the opinions and provide clear information to the City Council for decision making. Given the importance of the project to the community and the significant financial investment the project will require, Staff recommends a peer review by an independent third-party expert, such as a project management company, so that all outstanding questions can be answered. Furthermore, the PBL Remediation Project requires a range of expertise such as surveying, environmental science, civil engineering, geotechnical engineering, and construction engineering. A project management company can bring to bear the full range of resources needed to effectively complete this highly complex project. Palos Verdes Drive South Landslide Area Resurfacing The City has been conducting regular repairs to Palos Verdes Drive South (PVDS) in the Landslide area since its incorporation in 1973. Staff conduct regular inspections, prepare cost estimates for repairs, procure construction contractors to perform repairs, and oversee construction activities. The current protocols have not recently been reviewed to determine if inspections are occurring at the appropriate frequency, record-keeping follows best practices, construction contracts are optimized for quality and cost, and geotechnical review of roadway conditions is appropriately forecasting potential future conditions. A project management company can provide the necessary expertise to perform this work. Additionally, a project management company can provide the nece ssary resources to perform the work, thus freeing up Staff time to focus on work less suited to external consultants. Altamira Canyon Improvements The City developed the Altamira Canyon Improvements project to minimize groundwater infiltration and erosion as an additional safeguard to reducing movement in the Landslide. A Project Study Report (PSR) is currently under development to identify methods to B-3 consider in minimizing groundwater infiltration and canyon erosion over the entire reach of Altamira Canyon. The expertise of a project management company is needed to perform a peer review of the PSR so that the City can make informed decisions on alternatives . Additionally, a project management company can guide the City on the next steps in the project, including environmental clearance and final design. DISCUSSION: Professional Services Agreement (Agreement) Structure Staff prepared solicitations for the various projects and tasks associated with the Landslide. To increase efficiency and coordination, the various projects and tasks were packaged into one solicitation for a Program Manager to provide all necessary project management services associated with the Landslide. Staff intends to pursue a phased approach to the Program Manager Agreement . The first phase will consist of an assessment of the current status and the development of what is needed to move from the current status to the needed final condition. Because the details of the project management work needed to get to the final condition are unknown at this time, the second phase cannot be properly scop ed and priced. Upon conclusion of the first phase, an Agreement for the second phase will be prepared for the City Council’s consideration. It is important to note that this Agreement is structured as a not-to-exceed contract based on agreed-up hourly rates. The number of hours estimated for each task is used to establish a baseline plan, which may be adjusted up or down as needed with Staff approval, while remaining within the total not -to-exceed amount of the Agreement. If the City’s needs change, the services will accordingly change based on the hourly rates and only after authorization from the City. The Agreement will be funded from three separate Capital Improvement Program projects: $268,693 with a contingency of $40,304 from the Portuguese Bend La ndslide Remediation Project, $156,432 with a contingency of $23,465 from the Palos Verdes Drive South Landslide Area Resurfacing Program, and $74,574 with a contingency of $11,186 from the Altamira Canyon Improvements Project. The funding allocated to each of the projects was based on an estimate of the expected activites within each of those projects. Scope of Services The scope of services for the Program Manager is more thoroughly described in the attached Request for Proposals (Attachment C), and includes four main tasks, generally described below. B-4 Land Movement Monitoring Develop a land movement monitoring program generally including: • Evaluating existing monitoring protocols • Recommending optimal surveying methods, frequencies, and locations • Evaluate inspection and monitoring needs for PVDS • Develop a user-friendly reporting format • Estimate future monitoring costs The scope of work does not include any physical surveying at this time; it only includes analysis and development of an optimal surveying program for implementation at a later date. This is because the detailed scope, and therefore cost, of an optimal monitoring program cannot be known until the surveying program is developed. Portuguese Bend Landslide Remediation Provide project management services for the environmental clearance phase generally including: • Assisting the City with day-to-day project management of the environmental clearance consultant including managing the scope, schedule, and budget • Performing a peer review of the draft and final environmental impact reports • Coordinated responses to the draft and final environmental impact reports • Overseeing finalization of the environmental impact report Providing project management services for the remediation work g enerally including: • Performing a peer review of the current design • Developing a plan of action and critical path schedule to take the project from its current status to completion of construction • Providing guidance on the final design and procurement of construction • Providing grant support services • Providing other project management and technical assistance services The scope of work does not include any design or construction management and inspection work at this time; it only includes project management and peer review services. This is because the detailed scope, and therefore cost, of any needed design revisions and subsequently construction management and inspection services cannot be known until the services described above are completed. Palos Verdes Drive South Landslide Area Resurfacing Providing project management services generally including: • Developing policy recommendations for inspection and record -keeping that follow best practices • Performing weekly inspections of PVDS • Documenting inspection findings in a formal report • Preparing recommendations for repairs when needed B-5 • Estimating repair costs and procuring on-call construction contractors and • Coordinating with utilities and other stakeholders to minimize traffic and othe r disruptions • Managing and inspecting the work of construction contractors Providing other project management and technical assistance services Altamira Canyon Providing project management services generally including: • Peer review of the PSR • Developing a plan of action and critical path schedule to take the project from its current status to completion of construction • Providing guidance on the environmental process • Providing guidance on needed final design • Providing grant support services The scope of work does not include any final design work at this time; it only includes project management and peer review services for the PSR. This is because the detailed scope of the needed final design cannot be known until the services described above are completed. Proposals On August 26, 2021, Staff issued a request for proposals for a Program Manager. Proposals were received from two firms by the September 28 deadline, and an evaluation panel of three members comprised of the City Manager, Director of Public Works, and Principal Engineer ranked the proposals as follows: RFP LANDSLIDE PROGRAM MANAGER Scoring Sheet EDIFICA USA LLC HOUT Criteria Value Raw Score (0-10) Final Score Raw Score (0-10) Final Score Approach to Scope of Services 35% 7 2.5 5.5 1.9 Staff Qualifications & Experience 35% 8.3 2.9 7.4 2.6 B-6 Organization & Staffing 15% 8.3 1.3 8 1.2 Quality Control 15% 8 1.2 8.3 1.3 Totals 100% 7.80 6.98 The evaluation panel concluded that the proposals received from both firms were eligible to be interviewed, and said interviews were conducted on November 15 and 22. After interviews were conducted, the evaluation panel re-scored each firm based on the new information from the interviews and ranked them as follows: RFP LANDSLIDE PROGRAM MANAGER Scoring Sheet EDIFICA USA LLC HOUT Criteria Value Raw Score (0-10) Final Score Raw Score (0-10) Final Score Approach to Scope of Services 35% 7.3 2.6 7.7 2.7 Staff Qualifications & Experience 35% 8 2.8 8.3 2.9 Organization & Staffing 15% 8 1.2 8.3 1.3 Quality Control 15% 8 1.2 8.3 1.3 Totals 100% 7.8 8.2 The Director of Public Works then negotiated a not-to-exceed agreement with Hout Engineering (Attachment A). B-7 ADDITIONAL INFORMATION: As described throughout this Staff Report, this contract represents the first phase of the Program Manager contract. The first phase will provide the needed information to properly scope and price the second phase; which will consist management of all rema ining work to complete construction on the various projects. Once sufficient information is available during the first phase, Staff will present a contract for the second phase to the City Council for their consideration. CONCLUSION: Staff recommends awarding a professional services agreement (Attachment A) to Hout Engineering, based on its proposal, interview, negotiations with Staff, and the resulting agreement. ALTERNATIVES: In addition to Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not award a professional services agreement and direct Staff to re-solicit Landslide Program Manager proposals. 2. Do not award a professional services agreement and direct Staff to re -solicit proposals for the various projects and tasks individually. 3. Do not award a professional services agreement and direct Staff to continue to use the available internal resources. 4. Take other action, as deemed appropriate. B-8 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and HOUT CONSTRUCTION SERVICES, INC. B-9 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND HOUT CONSTRUCTION SERVICES, INC. THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into on February 15, 2022, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation (“City”) and HOUT CONSTRUCTION SERVICES, INC., a California corporation, d/b/a/ HOUT ENGINEERING (“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 B-10 intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 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 B-11 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 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.” B-12 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. B-13 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. B-14 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 $499,699.20 (Four Hundred Ninety-Nine Thousand and six hundred and ninety nine 20/100 Dollars) (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 B-15 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. B-16 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 1 year 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: Sam Hout CEO (Name) (Title) Adam Hout Vice President (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 B-17 agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Ron Dragoo, Principal Engineer or 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 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. B-18 ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection 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 B-19 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 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 B-20 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. (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. B-21 (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: (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 B-22 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 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 B-23 Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City 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. B-24 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. 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 B-25 provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. 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 B-26 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. 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. B-27 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. 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. B-28 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ B-29 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] B-30 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 David L. Bradley, Mayor ATTEST: Thresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CONSULTANT: Hout Construction Services, Inc. By: Name: Sam Hout Title: CEO By: Name: Adam Hout Title: Vice President Address: 20250 SW Acacia Street, #150 Newport Beach, CA 92660 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. B-31 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. □ □ □ □ □ □ □ □ □ B-32 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. □ □ □ □ □ □ □ □ □ B-33 EXHIBIT “A” SCOPE OF SERVICES Task 1 Landslide Monitoring (No Field Survey) • Evaluate Existing Monitoring • Recommend Optimal Location, Frequency, and Method for Overall Monitoring, inclusive of Palos Verdes Drive South • Recommend Report Format to Share with Council/Public • Provide Estimate for On-going Monitoring and Reporting • Develop Staff Reports and Presentation Material for the Monitoring Program As Needed • Attend City Council and Committee Meetings As Needed • Project Management, Technical Assistance, and Support Services As Needed by the City • Such other monitoring tasks as may be assigned by City’s Contract Officer from time-to- time Task 2 Portuguese Bend Landslide Remediation A. Environmental Impact Report Management • Assist the City With Day-To-Day Project Management of EIR Consultant • Perform Peer Review of Draft/Final EIR • Coordinate Chamber's Group Responses • Manage Chamber's Group to Stay On Task - SOW/Cost and Schedule • Oversee and Assist City in Finalizing the EIR • Develop Staff Reports and Presentation Material • Attend City Council and Committee Meetings • Project Management, Technical Assistance, and Support Services As Needed by the City • Such other remediation tasks as may be assigned by City’s Contract Officer from time-to- time B. Remediation Design Peer Review and Next Steps • Perform Peer Review of DB Stevens/Geologic Design Work and Provide Comments • Develop "Plan of Action" and Critical Path Schedule • Cost Estimating • Assist City to Move Project From Current Status to Construction • Develop Staff Reports and Presentation Materials • Attend City Council/Committee Meetings • Provide Grant Application and Administration Services • Project Management, Technical Assistance, and Support Services As Needed by the City • Such other remediation design review tasks as may be assigned by City’s Contract Officer from time-to-time B-34 Task 3 Palos Verdes Drive South Roadway Repair Management • Provide Recommendations on Inspection and Record Keeping Policies • Inspect PVDS in the Landslide Area Weekly and Closely Coordinate with Stakeholders/Utilities • Document Inspection Findings - Report and Pictures • Prepare Recommendations for Repair – up to 6 Instance of Repairs Annually • Prepare and Procure On-Call Construction Contractor • Provide Cost Estimates and Utilize On-Call Construction Contractor to Perform Repairs • Manage Construction Contractor – up to 6 Instances of Repairs Annually • Perform Comprehensive PM/CM and Inspection Services for up to 6 Repairs Annually • Such other roadway repair management tasks as may be assigned by City’s Contract Officer from time-to-time Task 4 Altamira Canyon • Perform Peer Review of Harris and Associates Work • Develop Action Plan and Critical Path Schedule to Move Project From Current Status to Construction • Develop Staff Reports and Presentation Material • Attend City Council/Committee Meetings • Provide Grant Application and Administration Services B-35 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in strikethrough. B-1. The parties agree that none of the services to be provided by Consultant will involve the performance of any “public work” within the meaning of California law. Accordingly, City hereby waive the provisions of Section 1.4(c) of the Agreement. B-2. Consultant warrants and represents that no apprentices will be utilized in the performance of the Scope of Services in Exhibit “A.” In light of the same City hereby waives the provisions of Section 1.4(e) of the Agreement. B-36 EXHIBIT “C” SCHEDULE OF COMPENSATION COMPENSATION SHALL BE ON A TIME AND MATERIALS BASIS AT THE REQUEST OF THE CITY IN ACCORDANCE WITH THE RATES BELOW AND NOT TO EXCEED THE AMOUNT OF EACH TASK WITHOUT PRIOR AUTHORIZATION Task 1 Landslide Monitoring (No Field Survey) STAFF Sam Hout Adam Hout Jayme Fairfield Chris Rideout Tim Connors Survey Manager Kurt Yoshii Ron Hallum Total Total Estimated Hours 60 30 30 30 24 72 30 90 366 Billing Rate ($/hour) $275.14 $163.43 $106.74 $264.00 $230.00 $197.00 $195.00 $195.00 Budgeted Cost $16,508.40 $4,902.90 $3,202.20 7,920.00 $5,520.00 $14,184.00 $5,850.00 $17,550.00 $75,637.50 Task 2 Portuguese Bend Landslide Remediation A. Environmental Impact Report Management STAFF Sam Hout Adam Hout Jayme Fairfield Chris Rideout Deborah Pracilio Christina Maxwell Total Total Estimated Hours 45 45 45 45 90 180 450 Billing Rate ($/hour) $275.14 $163.43 $106.74 $264.00 $270.00 $160.00 Budgeted Cost $12,381.30 $7,354.35 $4,803.30 $11,880.00 $24,300.00 $28,800.00 $89,518.95 B-37 B. Remediation Design, Peer Review and Next Steps Staff Sam Hout Adam Hout Brianna Arquette Jayme Fairfield Chris Rideout Kurt Yoshii Ron Hallum Total Total Estimated Hours 90 45 90 45 45 90 135 540 Billing Rate ($/hour) $275.14 $163.43 $120.68 $106.74 $264.00 $195.00 $195.00 Budgeted Cost $24,762.60 $7,354.35 $10,861.20 $4,803.30 $11,880.00 $17,550.00 $26,325.00 $103,536.45 Task 3 Palos Verdes Drive South Roadway Repair Management Staff Sam Hout Adam Hout Emily Yu Brianna Arquette Jayme Fairfield Chris Rideout Tim Connors Kurt Ron Total Total Estimated Hours 60 60 60 240 120 60 120 60 120 900 Billing Rate ($/hour) $275.14 $163.43 $163.43 $120.68 $106.74 $264.00 $230.00 $195.00 $195.00 Budgeted Cost $16,508.40 $9,805.80 $9,805.80 $28,963.20 $12,808.80 $15,840.00 $27,600.00 $11,700.00 $23,400.00 $156,432.00 Task 4 Altamira Canyon Staff Sam Hout Adam Hout Brianna Arquette Jayme Fairfield Chris Rideout Tim Connors Deborah Pracilio Christina Maxwell Kurt Yoshi Ron Hallum Total Total Estimated Hours 60 30 60 30 30 30 24 90 18 18 390 Billing Rate ($/hour) $275.14 $163.43 $120.68 $106.74 $264.00 $230.00 $270.00 $160.00 $195.00 $195.00 Budgeted Cost $16,508.40 $4,902.90 $7,240.80 $3,202.20 $7,920.00 $6,900.00 $6,480.00 $14,400.00 $3,510.00 $3,510.00 $74,574.30 B-38 EXHIBIT “D” SCHEDULE OF PERFORMANCE Task 1 Landslide Monitoring (No Field Survey) Complete all work associated with Task 1 as described in Exhibit A, Scope of Services within 6 months of notice to proceed for this task. Task 2 Portuguese Bend Landslide Remediation A. Environmental Impact Report Management Complete all work associated with Task 2A as described in Exhibit A, Scope of Services within 9 months of notice to proceed for this task. B. Remediation Design Peer Review and Next Steps Complete all work associated with Task 2B as described in Exhibit A, Scope of Services within 9 months of notice to proceed for this task. Task 3 Palos Verdes Drive South Roadway Repair Management Complete all work associated with Task 3 as described in Exhibit A, Scope of Services within 12 months of notice to proceed for this task. Task 4 Altamira Canyon Complete all work associated with Task 4 as described in Exhibit A, Scope of Services within 6 months of notice to proceed for this task. B-39 PRESENTED BY Hout Construction Services in association with BKF Engineers CONTACT Sam Hout, PE (949) 374-2553 shout@houtconstruction.com CITY OF RANCHO PALOS VERDES September 28, 2021 REQUEST FOR PROPOSAL Landslide Program Manager HOUT CONSTRUCTION SERVICES consulting I engineering I transportation B-40 CITY OF RANCHO PALOS VERDES Request for Proposals Landslide Program Manager COVER LETTER 1 APPROACH TO SCOPE OF SERVICES 3 ORGANIZATION AND STAFFING Organization Chart Key Personnel Availability 5 6 STAFF QUALIFICATIONS AND EXPERIENCE Firm Profiles Project Team Experience Key Personnel Resumes Reference Projects 7 8 9 15 PROJECT(S) SCHEDULE 21 QUALITY CONTROL PLAN 22 ACCEPTANCE OF CONDITIONS 23 TABLE OF CONTENTS B-41 COVER LETTER City of Rancho Palos Verdes Landslide Program Manager 1 September 28, 2021 Submitted via email rond@rpvca.gov City of Rancho Palos Verdes Ron Dragoo, Principal Engineer 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 SUBJECT: CITY OF RANCHO PALOS VERDES | PROPOSAL FOR LANDSLIDE PROGRAM MANAGER Dear Mr. Dragoo: The City of Rancho Palos Verdes (City) is known for their dramatic architecture, collective effort in maintaining and preserving open space, and vast natural space along the Pacific Ocean in Southern California. The City is requesting proposals from qualified consulting firms to serve as the program manager for projects occurring within the Altamira Ancient Landslide Complex to maintain their quiet coastal community. Hout Construction Services, Inc. DBA Hout Engineering (HCS), in association with our partner BKF Engineers (BKF), and our subconsultant team members, offers the City a team of seasoned professionals with expert services in Project/ Program Management, including bid administration and pre-construction services; construction management and inspections, including resident engineering, inspections, and office engineering; soils/materials testing and specialty inspections; survey staking/monitoring and monumentation; public outreach support; stakeholder, agency, and third- party coordination; project controls, including cost/schedule controls and comprehensive documentation; and SAFETY. We are the right team to serve the City for the following reasons: PROJECT MANAGEMENT WITH THE RIGHT PERSPECTIVE. Sam Hout, PE, Project Manager, has served the transportation industry and Southern California Clients for more than 30 years. Sam is not only a professional engineer, but also a licensed general contractor—so he sees projects from both perspectives. He combines this knowledge and experience to ensure designs are biddable and constructible, meet project goals, and are completed on schedule and within budget. He has managed multiple major transportation and municipal projects, including highway/ bridge, transit, and transit facilities; has overseen entire freeway programs, developed Metrolink tracks and stations; and managed development for OCTA’s maintenance/operations bus bases and transportation centers. In addition, Sam has worked on major city projects such as the Orange County Great Park Project that preserves open space and enhances the landscape of the City of Irvine. ONSITE EXPERTISE. Tim Connors, PE, Resident Engineer, started his career in construction management and has served as the Lead PM/CM on the Playa Vista project; a major exclusive coastal development project in Los Angeles County; and is lead RE on a major utility project along the I-405 Project in Orange County. He thoroughly understands the unique characteristics and regulatory requirements of coastal projects. Tim is local, as he conveniently resides in Long Beach just 12 miles from Rancho Palos Verde project site(s). He will be quickly and regularly onsite. FLEXIBLE TEAM. FLEXIBLE APPROACH. Spear headed by Sam and Tim who have worked together on several previous assignments, we have formed our team to provide the most cost-efficient structure to control the budget and bring added value to the City. You will realize throughout our proposal and in our project team organization chart in the Organization & Staffing section of our proposal that some roles have been combined to afford this efficiency. HCS, BKF, and its member firms pride themselves on understanding program/project goals and objectives—to deliver excellent services that fit the City’s budget while focusing on quality and safety. This understanding was taken into careful consideration when forming our team structure and choosing team members. Additionally, Sam’s experience having managed several on-call contracts and other relevant SoCal signature projects, he strongly believes that it is critical to expect the unexpected and be flexible enough to do whatever it takes to stay focused on project goals and objectives— keeping the project momentum going. B-42 COVER LETTER City of Rancho Palos Verdes Landslide Program Manager 2 TEAM INFORMATION Name & Address HOUT CONSTRUCTION SERVICES 20250 SW Acacia Street, Suite 150 Newport Beach CA 92660 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach CA 92660 Primary Contact Information Sam Hout, PE, Project Manager (949) 274-4501 (o) | (949) 374-2553 (c) Tim Connors, PE, PMP, Resident Engineer (949) 274-4501 (o) | (949) 374-2553 (c) Type of Organization California Corporation | 07/31/2007 Entity No. C3010316 California Corporation | 05/26/1970 Entity No. C0599256 Company Officers Sam Hout, PE Adam Hout (949) 374-2553 (949) 374-4460 Greg Hurd, PE/PLS Jaysen Long, PE Chris Rideout, PE Davis Thresh, PLS Natalina Bernardi, PE Eric Girod, PE Isaac Kontorovsky, PE Jacob Nguyen, PE Simon North, PE David Richwood, PE Daniel Schaefer, PE Scott Schork, PE Brian Scott, PE Gordon Sweet, PE (707) 583-8519 (916) 556-5826 (949)526-8462 (949)526-8460 (408) 467-9737 (926) 396-7751 (408) 467-9187 (408) 497-9143 (650) 482-6377 (510) 899-7303 (925) 940-2214 (650) 482-6335 (925) 396-7736 STATEMENT. As Principal of HCS, I can make legally binding commitments on behalf of our team and have the ability to execute the City’s contract. To the best of our knowledge, HCS and BKF Engineers does not have any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract or the construction of any project. HCS has been financially stable and conservative along with BKF who has more than 100 years of being financially conservative and is in excellent financial condition. Our firms have been audited by several public agencies and have always been in compliance with generally accepted accounting practices. I am available to expand on any portion of our proposal should you have any questions and can be reached at (949) 374-2553 or via email at shout@houtconstruction.com. Sincerely, Hout Construction Services, Inc. Sam A. Hout, PE Adam S. Hout Principal/Project Manager Vice President HOUT co•u•~c"o• .... ,cu _,_,_ B-43 APPROACH TO SCOPE OF SERVICE City of Rancho Palos Verdes Landslide Program Manager 3 As part of the Request for Proposal, the City of Rancho Palos Verde has provided a detailed Scope of Services. In an effort to eliminate lengthy repetitions we will address the Scope of Services as follows: LAND MOVEMENT MONITORING- ABALONE COVE LANDSLIDE, PORTUGUESE BEND LANDSLIDE, KLONDIKE LANDSLIDE 1. LAND MOVEMENT MONITORING PROGRAM. No exceptions to the Scope of Services 2. SURVEY FREQUENCY. No exceptions to the Scope of Services 3. APPROPRIATE NUMBER AND LOCATION OF SURVEY POINTS. No exceptions to the Scope of Services 4. COLLECT SURVEY DATA ON GROUND AND SLOPE MOVEMENT No exceptions to the Scope of Services 5. ANALYZE THE SURVEY DATA. No exceptions to the Scope of Services 6. REPORT OF SURVEY INFORMATION (DATA ). No exceptions to the Scope of Services 7. OTHER TASKS DEEMED NECESSARY. No exceptions to the Scope of Services DELIVERABLES -Attend kick off meeting -Land movement monitoring program -Monthly report (in PDF & with source data) -Discuss survey results with City staff monthly -Annual presentation including materials of report and PowerPoint presentation. PORTUGUESE BEND LANDSLIDE MOVEMENT MITIGATION PROJECT 1. CONSTRUCTION PHASING: No exceptions to the Scope of Services 2. ENVIRONMENTAL DOCUMENTS AND MITIGATIONS (EIR): No exceptions to the Scope of Services 3. GENERAL MANAGEMENT: No exceptions to the Scope of Services 4. SCHEDULE MANAGEMENT: No exceptions to the Scope of Services 5. BUDGET MANAGEMENT: No exceptions to the Scope of Services 6. QUALITY MANAGEMENT: No exceptions to the Scope of Services 7. CONSTRUCTION MANAGEMENT: No exceptions to the Scope of Services 8. INSPECTION: No exceptions to the Scope of Services 9. COORDINATION: No exceptions to the Scope of Services DELIVERABLES -Comments on Administrative Draft EIR and Final EIR and associated documents -Comment tracking spreadsheets -Project Work Plan (on City-provided form) -Weekly Project Status Report (on City-provided form) -Baseline project schedule -Project schedule markups and updates -Project schedule deviation memoranda -Baseline project budget -Design Change Order/Contract Amendments -Project budget markups and updates -Pay Request recommendations -60% & 90% Construction Documents reviews -Constructability Review comments -Value Engineering Review comments -Permit Documents comments -100% Construction Documents comments -Construction Change Order package comments -Construction oversight documentation comments -Meeting agendas and minutes -Correspondence materials -Electronic project files to include: Weekly construction inspection reports; Any Reports of Contractor noncompliance or safety issues; and Reports, memoranda, and presentation materials to City Council, City’s leadership team, Public Works Director, and Other stakeholders SCOPE OF SERVICES B-44 APPROACH TO SCOPE OF SERVICE City of Rancho Palos Verdes Landslide Program Manager 4 LANDSLIDE ROADWAY MANAGEMENT PROGRAM 1. PROGRAM MANAGEMENT No exceptions to the Scope of Services 2. CONSTRUCTION INSPECTION No exceptions to the Scope of Services DELIVERABLES -Landslide Roadway Management Program -Weekly roadway inspection reports -Monthly on-going repair needs tracking log -As-needed task orders for repair work -Meeting minutes from contractor meetings -Public notification of upcoming projects -Daily inspection reports during field repairs -Electronic project files -Daily and Construction activities report -Final cost estimate of work -Reports of Contractor noncompliance or safety issues -Pay request recommendations ALTAMIRA CANYON IMPROVEMENTS PROJECT 1. PLANNING AND CONCEPT DESIGN No exceptions to the Scope of Services 2. ENVIRONMENTAL CLEARANCE No exceptions to the Scope of Services DELIVERABLES -Weekly Project Status Report (on City-provided form) -Public Information Meeting materials and minutes -Environmental Clearance RFP -Project Work Plan (on City-provided form) -Comments on Initial Studies, Notice of Preparation, Administrative Draft EIR, Draft EIR, and Final EIR and associated documents -Comment tracking spreadsheets -Resource agency agreements -Final design RFP -Project Work Plan (on City-provided form) -Baseline project schedule -Project schedule markups and updates -Project schedule deviation memoranda -Baseline project budget -Design Change Order/Contract Amendment -Project budget markups and updates -Pay Request recommendations -60% and 90% Construction Documents reviews -Constructability Review comments -Value Engineering Review comments -Permit Documents comments -100% Construction Documents comments -Construction Change Order package comments -Construction oversight documentation comments -Meeting agendas and minutes -Weekly construction inspection reports -Electronic project files to include: Weekly construction inspection reports; Any Reports of Contractor noncompliance or safety issues; and Reports, memoranda, and presentation materials to City Council, City’s leadership team, Public Works Director, and Other stakeholders B-45 ORGANIZATION & STAFFING City of Rancho Palos Verdes Landslide Program Manager 5 ORGANIZATION CHART PROGRAM MANAGEMENT TEAM The organization chart presented displays our proposed team organization, depth of resources, and coordination between team members. HCS in association with BKF will assure a thorough work product, a cross-pollination of program and construction management, and effective management of all four projects associated with this contract. We ensure that to the extent within our control, the Project Manager, Resident Engineer and key personnel shall remain assigned through the entirety of the projects, if a personnel change becomes necessary, the City shall have approval authority of any proposed personnel. The Project Manager, Resident Engineer and QA/QC Manager will oversee all projects as illustrated below. Sam Hout, PE **Principal/Project Manager HCS Chris Rideout, PE QA/QC Manager BKF Tim Connors, PE, PMP Resident Engineer/CM BKF PRIMARY CONTACT PERSON:Sam Hout, PEPrincipal/Project Manager(949) 374-2553shout@houtconstruction.com LEGEND Key Personnel HCS Hout Construction Services BKF BKF Engineers NM Ninyo & Moore LSA LSA Environmental LAND MOVEMENT MONITORING PORTUGUESE BEND LANDSLIDE MOVEMENT MITIGATION PROJECT LANDSLIDE ROADWAY MANAGEMENT PROGRAM ALTAMIRA CANYON IMPROVEMENTS PROJECT SURVEY Davis Thresh, PLS BKFSurvey Project Manager Nate Parker, LSIT BKFCertified Party Chief Walter Stemberga BKFProject Surveyor Sharon Weitzel, LSIT & Robert Berg BKF2-man Survey Crew GEOTECHNICAL/SOILS/MATERIALS INSPECTION * Ronald Hallum, PG, CEG NMGeotechnical Engineer Andy Rodriguez & Omid Koohi NMField Inspectors ENVIRONMENTAL MITIGATION + COMPLIANCE * Deborah Pracilio LSAEnvironmental Planner PROJECT CONTROLS/DOCUMENTATION Adam Hout HCSProject Controls Brianna Arquette HCS Project/Field Engineer Jasmine Ma & Jayme Fairfield BKF & HCS Document Controls Ahmed Sobhy HCSLead Scheduling + Estimating GEOTECHNICAL/SOILS/MATERIALS INSPECTION * Ronald Hallum, PG, CEG NMGeotechnical Engineer Andy Rodriguez & Omid Koohi NMField Inspectors ENVIRONMENTAL MITIGATION + COMPLIANCE * Deborah Pracilio LSAEnvironmental Planner PROJECT CONTROLS/DOCUMENTATION Adam Hout HCSProject Controls Brianna Arquette HCS Project/Field Engineer Jasmine Ma BKFDocument Controls Jayme Fairfield HCS Document Controls Ahmed Sobhy HCSLead Scheduling + Estimating QA SURVEY Davis Thresh, PLS BKFSurvey Project Manager Nate Parker, LSIT BKFCertified Party Chief Ron Ver, LSIT BKFProject Surveyor GEOTECHNICAL/SOILS/MATERIALS INSPECTION * Ronald Hallum, PG, CEG NMGeotechnical Engineer Andy Rodriguez & Omid Koohi NMField Inspectors ENVIRONMENTAL MITIGATION + COMPLIANCE * Deborah Pracilio LSAEnvironmental Planner PROJECT CONTROLS/DOCUMENTATION Adam Hout HCSProject Controls Brianna Arquette HCS Project/Field Engineer Jasmine Ma BKFDocument Controls Jayme Fairfield HCS Document Controls Ahmed Sobhy HCSLead Scheduling + Estimating QA SURVEY Davis Thresh, PLS BKFSurvey Project Manager Walter Stemberga BKFProject Surveyor Nate Parker, LSIT BKFCertified Party Chief GEOTECHNICAL/SOILS/MATERIALS INSPECTION * Ronald Hallum, PG, CEG NMGeotechnical Engineer Andy Rodriguez & Omid Koohi NMField Inspectors ENVIRONMENTAL MITIGATION + COMPLIANCE * Deborah Pracilio LSAEnvironmental Planner PROJECT CONTROLS/DOCUMENTATION Adam Hout HCSProject Controls Brianna Arquette HCS Project/Field Engineer Jasmine Ma BKFDocument Controls Jayme Fairfield HCS Document Controls Ahmed Sobhy HCSLead Scheduling + Estimating QA SURVEY Davis Thresh, PLS BKFSurvey Project Manager Ron Ver, LSIT BKFProject Surveyor Nate Parker, LSIT BKFCertified Party Chief *Additional support staff available as required**Sam Hout will act as safety officer on any construction projects Note B-46 ORGANIZATION & STAFFING City of Rancho Palos Verdes Landslide Program Manager 6 TEAM ALLOCATION & AVAILABILITY We have carefully selected team members who are currently available for this project. The table below shows our key personnel, their position for this project, current assignments and level of availability for the Landslide Program Manager project. KEY STAFF ASSIGNED CURRENT ASSIGNMENTS COMMITMENT TO THE CITY OF RANCHO PALOS VERDES Sam Hout, PE HCS Principal/Project Manager ▪OCTA PM/CM Transit Facilities ▪LA Metro San Gabriel Improvement Projects 50 % Tim Connors, PE, PMP BKF Resident Engineer ▪Mount Vernon Viaduct PM/CM Project 100 % Chris Rideout, PE BKF QA/QC Manager ▪Jamboree/Main Intersection Improvements ▪GSA #4 Real Property Services ▪Pico Rivera Regional Bikeway 25 % Adam Hout HCS Project Controls ▪OCTA PM/CM Transit Facilities 50 % Davis Thresh, PLS BKF Survey Project Manager ▪Mount Vernon Viaduct PM/CM Project ▪McKinley Grade Separation 45 % Brianna Arquette HCS Project/Construction Engineer ▪OCTA PM/CM Transit Facilities 75 % Ahmed Sobhy, M.Sc. HCS Lead Scheduling & Estimating ▪Miscellaneous Projects 25 % Jasmine Ma BKF Document Control ▪Mount Vernon Viaduct PM/CM Project ▪Pico Rivera Regional Bikeway ▪Jeffrey Open Space Trail (JOST) Extension 75 % Jayme Fairfield HCS Document Control ▪I-10 Design/Build Procurement 75 % Ronald Hallum, PG, CEG NM Geotechnical Engineer ▪Foxen Canyon Reservoir ▪City of Los Angeles On-Call Geotechnical ▪Belvedere Regional Park 70 % Deborah Pracilio LSA Environmental Support ▪Caltrans District 12 Env On-Call ▪SR-91 Segment 2 PS&E ▪I-5 Widening (Pico to County Line) 25 % B-47 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 7 FIRM PROFILES HOUT CONSTRUCTION SERVICES, INC (HCS) HCS is a California corporation formed to provide comprehensive planning, engineering and program/construction management, project controls, resort and facility operation and maintenance and related consulting services to both public and private clients. HCS consulting engineers have experience working on large infrastructure programs in the areas of: bridge/highway, streets/roads, transit/rail, ports, airports, multi-use projects including resorts, theme parks and sporting facilities. Program Management Services include: ▪Design Management and oversight ▪Finance and Programming ▪Contracts Support and Development ▪Scope development -Negotiation -Management ▪Project Development -Project concept studies -Design standards -PS&E and Construction Documents -Bid and Award -Contractor Selection -Claims Avoidance Construction Management Services include: ▪Program Support Services -Scheduling -Estimating -Value engineering/Constructability Analysis -Project controls -Claims and Technical Support ▪Project Management Services -Conceptual and planning phase -Programming phase -Design phase BKF ENGINEERS (BKF) BKF provides project and construction management services. Our experienced team collaborates with our clients to implement quality managerial oversight of preconstruction; proactively identify potential constraints, and create a roadmap to successfully navigate processes for successful project completion. Our team unites planning, engineering fundamentals, and project management procedures to deliver projects that proactively and economically address clients’ goals. Additionally, BKF serves as field engineers, contracted inspectors, and contract administrators. Partnering with owner’s and team members, BKF supports construction management efforts though reviewing submittals, requests for information, payment, and providing site observations, punch lists and supporting activities. Construction Management Services include: ▪Project Management ▪Construction Management ▪Schedule and Change Order Management ▪Site and Utility Inspection ▪As-built Drawing Review ▪Field Engineering NINYO & MOORE (N&M) N&M is an ENR Top 500 Design Firm, is a professional geotechnical and environmental sciences consulting firm providing services in geotechnical engineering, engineering geology, geophysics, hydrogeology, soil and materials testing, special inspection, soil and groundwater contamination assessment, site remediation, hazardous building materials, industrial hygiene, and occupational safety. Ninyo and Moore offers the following services: ▪Soils testing & inspections ▪Materials testing and specialty inspections ▪Environmental mitigation, archeology, paleontology, and hazmat remediation LSA LSA is a 100% employee-owned full-service environmental consulting firm offering clients professional excellence, reliability and continuity for 44 years. LSA is currently under contract with the City of Rancho Palos Verdes under their On-Call Biological Consulting Services As-Needed, which extends until 6/30/2022. They provide multi-disciplinary land use planning, habitat restoration, regulatory permitting, environmental planning, cultural resources services, and construction support services with a staff of approximately 190 employees in 9 offices throughout California. LSA has over 180 full-time professionals and is exceptionally strong in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation, biological resources and cultural resources. LSA Services include: ▪Environmental Analysis ▪Cultural Resources ▪Air Quality/Climate Change Geotechnlcal&EnvironmentalSclencesConsultants LSA B-48 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 8 PROJECT TEAM EXPERIENCE OCTA PM/CM FOR TRANSIT FACILITIES Orange County ALTA MIRA CANYON EROSION Rancho Palos Verdes LBER GAS PIPELINE REMOVAL Long Beach MORAGA LANDSLIDE Moraga ROAN ROAD SLOPE FAILURE Rancho Palos Verdes SCRRA METROLINK CM PROGRAM Long Beach UC BERKELEY CENTENNIAL LANDSLIDE Berkeley MOUNT VERNON VIADUCT PM/CM San Bernardino SHAFFER PARK Orange SKYLAWN MEMORIAL PARK San Mateo VELLANO MASTER PLANNED CM PROJECT Chino Hills ORANGE COUNTY GREAT PARK Irvine ~ -.... , ~ -----~ -;-~. --;~ ...... ~.~ ' . . ...-, --. \. -~~ ... -· .... ... -.. , B-49 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 9 EDUCATIONM.S., Civil Engineering, California State University Long Beach B.S., Civil Engineering, University of Texas at Arlington REGISTRATIONSProfessional Civil Engineer CA No. 38256 Licensed General Contractor, CA License No. 1018297 (A Classification) CERTIFICATIONSMetrolink Roadway Worker Safety Certification No. RWP 160308 I-405 OC Partners Safety Certification BCSP Certification- prior to construction TOTAL YEARS EXPERIENCE31 years HOUT CONSTRUCTION SERVICES SAM HOUT, PE PRINCIPAL/PROJECT MANAGER Sam has more than 30 years of demonstrated success in engineering and construction of civil engineering and infrastructure projects. His diversified experience in both the public and private sectors has positioned him to be an industry leader in the US and around the globe. He melds strong technical acumen and interpersonal skills with excellent communication abilities to effectively relate to all management levels. He retains a high level of enthusiasm on his assignments and projects. Mr. Hout delivers quality projects on time and within budget. Sam’s relevant project experience includes Project Management and Construction Management Services for Transit Facilities Projects, I-405 Design-Build Project, Long Beach Energy Resources (LBER) Gas Pipeline Removal, Measure M Program, Measure M2 Program, Metrolink Construction Management Program, Engineering Design Services for 17th Street/SMC/Expo Bike Path Connection and Michigan Avenue Greenway Extension, Orange County Great Park, and Disney’s California Adventure. SELECT PROJECT EXPERIENCE STAFF QUALIFICATIONS - KEY PERSONNEL RESUMES OCTA, Project Management and Construction Management Services for Transit Facilities Projects, Orange County, CA -Construction Manager leading PM/CM services for OCTA’s transit facilities projects -Responsible for managing the projects at five bus maintenance and operations bases (bus bases), five transportation centers, and two park-and-ride facilities -OCTA has identified more than 20 individual projects to be completed by 2021 -Team’s responsibilities include full PM/CM services, agency coordination, document control, construction planning, project controls, and construction oversight I-405 Design-Build Project, Orange County, CA -Design-Build Coordinator and Financial Business Manager on the project -Orange County Transportation Authority (OCTA) in cooperation with the California Department of Transportation (Caltrans) selected OC 405 Partners to design and construct the I-405 Improvement Project -Key elements of this approximate 16-mile widening project through 8 municipalities; 7 roadway segments; 2 interchange reconstructions, 18 bridge replacements, 19 bridge widenings, and 105 special design walls OCTA, Measure M Program, Orange County, CA -Program Manager/Director of Design and Construction responsible for the $3.1 billion Measure M improvement projects, including freeway, rail, and transit facilities -Managed design, right of way engineering and acquisition, and construction -Projects included funding, master planning, designing, and constructing; light rail and heavy rail; bus transit facilities; freeway and highway improvements; and street and road improvements -Program was completed on schedule, within budget, and with no claimsDisney’s California Adventure, Anaheim, CA -Assisted in developing Disney’s $2 billion Anaheim resort expansion -Instrumental in developing the construction management plan for the infrastructure group to guide the design and construction of streets, parking, and park development projects -Delivered $800 million of infrastructure projects within the first year of the project -Oversaw the construction of the entire site, underground utilities, pads grading and the re-construction of the monorail station at the Disneyland Hotel B-50 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 10 EDUCATIONB.S., Civil Engineering, University of Massachusetts REGISTRATIONSProfessional Civil Engineer CA No. 45583 Licensed General Contractor, CA License No. 964163 (A Classification) CERTIFICATIONSProject Management Professional PMP No. 2081125 TOTAL YEARS EXPERIENCE35 years BKF ENGINEERS TIM CONNORS, PE, PMP RESIDENT ENGINEER/CONSTRUCTION MANAGER Tim has successfully performed in construction industry for over 35 years. He has worked across a broad spectrum of large-scale public and private infrastructure engineering and construction developments. Projects that Tim has worked on include highway design, bridge seismic retrofitting structural design, light rail transit design, and residential/commercial/retail structures design and construction. Previous experience includes the Playa Vista Project in Los Angeles, a privately held mixed-use development. That experience and exposure to public and private funding of large-scale land development projects lead to later serving as an independent project management trouble-shooter for a wide variety of distressed assets in a variety of stages of development, formulating project construction completion, close-out and disposition strategies and executions. SELECT PROJECT EXPERIENCE Mount Vernon Viaduct PM/CM Project, San Bernardino, CA -Demolishing the existing Mount Vernon Avenue Viaduct, which was determined by Caltrans inspectors to have a low sufficiency rating and to be structurally deficient and functionally obsolete -Constructing a new wider and longer bridge on a similar horizontal alignment and a slightly higher profile -Rough grading (including removal of building structure foundations) of the area bounded by 4th Street, Cabrera Avenue, Kingman Street and Mount Vernon Avenue, and enclosure of this area with an architectural wall and landscaped buffer -Reconstruction of the Mount Vernon Avenue intersections with 2nd Street and Kingman Street -Coordinates with local public and private utility companies about project needs. -Liaison between all utility companies and project stakeholders to provide specific project updates SR73 - San Joaquin Hills Toll Roads, Orange County, CA -Senior Project Engineer and Section Manager for the northern section from University Drive to Newport Center Drive -Included 10 interchanges encompassing 68 bridges, 725,000 square feet of retaining walls and 32 million cubic yards of excavation -Mapping and appraisal of more than 100 individual parcels and incorporated more than 300 environmental mitigation measures into the design -Received Project of the Year awards from the American Society of Civil Engineers, the Design-Build Institute of America and the Orange County Consulting Engineers Council -The phased approach divided the project into four major sections. Each section had its own quality control unit, which was responsible for inspection, testing and documentation of all work. This helped to ensure not only the quality of the work, but also its acceptability to the client -Despite an 18-month environmental delay, plus sever rainstorms and resulting floods, the roadway was opened to traffic more than three months early Playa Vista Project, Los Angeles, CA -Provided executive oversight of engineering design and permitting of the Playa Vista mixed-use residential development -Responsibilities included engineering design, approvals, bidding of onsite and offsite public utilities and infrastructure -Managed environmental and planning coordination process from inception through construction B-51 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 11 Adam specializes in collecting relevant data, analyzing schedule and cost impacts to the project for claims avoidance and documentation preparation. Prior to working with HCS, Adam was a Financial Advisor and Institutional Investment Consultant for a Southern California based wealth management firm. In addition to providing comprehensive investment management to high net worth clients, Adam submitted numerous proposals for institutional projects totaling over $1.7 Billion in assets. Previously, Adam was a District Manager for a Fortune 500 company where he provided financial services and project documentation to business clients of all sizes. During this time, Adam received a multitude of performance awards as well as being inducted into the company’s globally recognized management training program. RELEVANT EXPERIENCE -OCTA Project Management and Construction Management Services for Transit Facilities Projects, Orange County, CA -Ken Stern & Associates/Lido Advisors, LLC., San Diego, CA -Automatic Data Processing, San Diego, CA -StepStone Group, San Diego, CA EDUCATIONB.A., Business Administration, with an emphasis in Entrepreneurial Finance, Point Loma Nazarene University REGISTRATIONSSeries 65 TOTAL YEARS EXPERIENCE5 years HOUT CONSTRUCTION SERVICES ADAM HOUT PROJECT CONTROLS Chris has more than 34 years of project management/design experience on numerous streetscape, roadway, utility infrastructure, and municipal improvement projects. He has been able to develop strong relationships with the local and regional approval agencies throughout his career, which helps with obtaining timely jurisdictional approvals. His strengths include providing creative alternatives with a maximum amount of flexibility during the design, while maintaining the project objectives and schedule. RELEVANT EXPERIENCE -OCTA Project Management and Construction Management Services for Transit Facilities Projects, Orange County, CA -Mount Vernon Viaduct PM/CM Project, San Bernardino, CA -Costa Mesa Sound Walls Project, Costa Mesa, CA -Jamboree/Barranca Intersection Improvements Project, Irvine, CA -North Residential Street Pavement Improvement Project, Santa Fe Springs, CA -Altura Pavement Rehabilitation Project, Buena Park, CA -Rosecrans Pavement Rehabilitation Project, Buena Park, CA EDUCATIONB.S., Civil Engineering, California Polytechnic University, Pomona REGISTRATIONProfessional Civil Engineer, CA No. 44922 TOTAL YEARS EXPERIENCE34 years BKF ENGINEERS CHRIS RIDEOUT, PE QUALITY ASSURANCE / QUALITY CONTROL MANAGER B-52 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 12 Brianna is responsible for program management and construction management activities on several projects with the Orange County Transportation Authority (OCTA). As a Project Engineer, Brianna oversees design/construction work and provides comprehensive engineering services to the projects. In addition, she has supported Metro on the San Gabriel Intersection Projects providing engineering drawings and cost estimates. RELEVANT EXPERIENCE -Project Management & Construction Management for Transit Facilities Projects, Orange County Transportation Authority, Orange County, CA• Fullerton Transportation Center Revitalization, Orange County Transportation Authority, Orange County, CA • Anaheim Bus Base 7 HV Unit Replacement, Orange County Transportation Authority, Orange County, CA • Electric Vehicle Charging Stations at Garden Grove & Santa Ana Bus Bases, Orange County Transportation Authority, Orange County, CA • Maintenance Shop Floor Restoration at Garden Grove Bus Base, Orange County Transportation Authority, Orange County, CA• Replacement of HVAC Units at Garden Grove Bus Bas Maintenance Building, Orange County Transportation Authority, Orange County, CA • Lower Roof Replacement at Garden Grove Annex Building, Orange County Transportation Authority, Orange County, CA • Anaheim Bus Base 6 HV Unit Replacement, Orange County Transportation Authority, Orange County, CA EDUCATIONM.S., Civil Engineering with a focus in Structural Engineering, California State University, Fullerton B.S., Civil Engineering, California State University, Fullerton TOTAL YEARS EXPERIENCE1 Year HOUT CONSTRUCTION SERVICES BRIANNA ARQUETTE, M.SC. PROJECT/CONSTRUCTION ENGINEER Throughout his tenure with BKF, Davis has played a key role in many projects in both the public and private sectors. He has been the lead surveyor on numerous projects involving districts, cities, counties, and other local municipalities in California. He is responsible for management of all phases of land surveying including construction, both aerial and conventional topographic and planimetric surveys, boundary analysis and resolutions, right of way engineering, as-built surveys, digital terrain modeling, directing field and office survey efforts, contract document preparation, cost estimation, and contract administration. He provides coordination with clients, other professional consultants and reviewing agencies. RELEVANT EXPERIENCE -Chino Airport ROW & Land Surveying, Chino, CA -Miramar Pipeline Anomaly Repairs, San Diego, CA -Bell Gage Avenue Bridge Project, Bell, CA -Mount Vernon Viaduct PM/CM Project, San Bernardino, CA -Azusa Avenue Bridge Over Valley Blvd - Staking, Industry, CA -Imperial Highway SR90/SR57 SB On-Ramp, Brea, CA -City of Colton Mt Vernon Bridge, Colton, CA -Long Beach Civic Center, Long Beach, CA -Capistrano Beach Park, Dana Point, CA -Plaza Park Renovation, Irvine, CA -Radisson Hotel - Construction Staking, Anaheim, CA EDUCATIONSurveying, Diablo Valley College, Pleasant Hill, CA REGISTRATIONProfessional Land Surveyor, CA No. 6868 TOTAL YEARS EXPERIENCE38 years BKF ENGINEERS DAVIS THRESH, PLS SURVEY PROJECT MANAGER HOUT B-53 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 13 AHMED SOBHY, M.SC. HOUT CONSTRUCTION SERVICES | PROJECT SCHEDULER Ahmed Sobhy has over 27 years of proven experience managing large-scale developments, design, and construction projects for infrastructure, multi-use facilities, highway, airports, resort, and commercial projects. His excellent track record is based on delivering high-profile projects, on schedule and within budget for public agencies and private owners. His exceptional management, leadership, team building, and communication skills have proven invaluable to keeping projects on schedule and budget. RELEVANT EXPERIENCE -SCRRA, Various Projects, Southern California• San Gabriel Track Improvements• Camarillo Station Improvements• Sun Valley Siding and Newhall Line Exchange• Orange County Three Bridge Project• San Gabriel Subdivision Tie Replacement• Penlon Bridge Project EDUCATIONM.S., Civil Engineering (Construction Management) California State University, Long Beach B.S., Civil Engineering. Ein Shams University TOTAL YEARS EXPERIENCE27 years JASMINE MA BKF ENGINEERS | DOCUMENT CONTROL Jasmine has more than 4 years of experience working in fast-paced project driven environments. She is capable of managing multiple projects at once while working cohesively with project managers to ensure that all project documentation is maintained and distributed correctly. In addition, her strong computer skills include Word and Excel skills, SharePoint or other Collaboration Platforms and commenting tools such as Bluebeam. RELEVANT EXPERIENCE -OCTA - Plan & Spec Review, Orange, CA -Pico Rivera Regional Bikeway, Pico Rivera, CA -Lakewood/Florence Intersection Improvements, Downey, CA -LBER - Gas Line Demolition, Long Beach, CA -Mount Vernon Viaduct PM/CM Project, San Bernardino, CA -Jeffrey Open Space Trail (JOST) Extension, Irvine, CA EDUCATIONB.A., History, University of California, Riverside TOTAL YEARS EXPERIENCE5 years JAYME FAIRFIELD HOUT CONSTRUCTION SERVICES | DOCUMENT CONTROL Jayme has 29 years of marketing and project administration experience in the A/E/C industry working on projects throughout Southern California and nationwide. Most of her experience is in the transportation market, from small municipal task orders to multi-billion-dollar design-build projects. Jayme manages, develops, and edits project reports and proposals, multimedia presentations, and other electronic efforts. She coordinates with subconsultants, from a small handful to dozens on one project. Her software skills include Adobe CC, including InDesign, Photoshop, Acrobat Pro, and Illustrator; Microsoft Office, including Word, Excel, PowerPoint, Access, and Outlook; and Deltek. RELEVANT EXPERIENCE -Metro Purple Line 2 Design-Build Project -Metro Purple Line 3 Tunnels & Stations Design-Build Projects EDUCATIONB.S., Early Childhood Education, Child Development and Family Studies, California State University, Long Beach TOTAL YEARS EXPERIENCE29 years B-54 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 14 Deborah is an expert in the Environmental Assessment processing procedures for NEPA and CEQA. With more than 30 years of experience, she has been responsible for project oversight as Principal in Charge and preparation and project management of CEQA- and NEPA-mandated environmental documents for land use, institutional, and capital improvement projects, as well as for numerous controversial transportation and land use projects. Ms. Pracilio brings her substantial experience with transportation projects and extensive knowledge of FHWA and Caltrans requirements and procedures to projects. She is also experienced with federal and State resource/regulatory requirements related to protection of environmental resources. RELEVANT EXPERIENCE -Peninsula Village Overlay District Project, Rolling Hills Estates, CA -Mediterranean Village Mixed Use Residential Project, Rolling Hills Estates, CA -627 Deep Valley Drive Residential IS/MND, Rolling Hills Estates, CA -655 Deep Valley Drive/924-950 Indian Peak Drive, Rolling Hills Estates, CA -827 Deep Valley Drive, Rolling Hills Estates, CA -Blue Mountain Estates EIR, Colton, California -Aliso/Wood Canyons Regional Park Resource Management Plan, Orange County, CA -Puente Hills Landfill Native Habitat Preservation Authority, Puente Hills Resource Management Plan, Puente Hills, CA -County of Orange/OCPW, On-Call Environmental Services, Orange County, CA EDUCATIONB.S. Social Ecology, University of California, Irvine AFFILIATIONSAmerican Planning Association Women’s Transportation Seminar TOTAL YEARS EXPERIENCE36 years LSA DEBORAH PRACILIO ENVIRONMENTAL SERVICES Ronald has provided geotechnical services for a variety of projects such as railroads, highways, hospitals, schools, pipelines, treatment plants, tunnels, reservoirs, landslide and fault evaluations, and other public and private works. Ronald’s responsibilities at Ninyo & Moore include preliminary and final review of findings, conclusions, recommendations, and project deliverables; review of current guidelines, regulations, and technologies; managing geotechnical and geologic field evaluations; supervision and training of the geologic staff; conducting geologic and geologic hazards evaluations; performing and reviewing geologic mapping and research; analyzing field and laboratory data; and authoring and reviewing geotechnical and geologic reports. RELEVANT EXPERIENCE -Roan Road Slope Evaluation, Rancho Palos Verdes, CA -Alta Mira Canyon Drainage/Erosion Control, Rancho Palos Verdes, CA -Via De Las Olas Landslide, Pacific Palisades, CA -Vista Rail Trail Project, Oceanside CA -Highland-Redlands Regional Connector, Highland and Redlands, CA EDUCATIONB.S., Geology, San Diego State University REGISTRATIONProfessional Geologist, CA No. 4766 Certified Engineering Geologist, CA No. 1484 TOTAL YEARS EXPERIENCE45 years NINYO & MOORE RONALD HALLUM, PG, CEG GEOTECHNICAL ENGINEER B-55 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 15 RELEVANT SCOPE OF WORK FEATURES PROJECT NAME PROGRAM MANAGEMENTGENERAL MANAGEMENTSCHEDULE MANAGEMENTBUDGET MANAGEMENTQUALITY MANAGEMENTCONSTRUCTION MANAGEMENTCONSTRUCTION INSPECTIONSTAKEHOLDER COORDINATIONPLANNING & CONCEPT DESIGNENVIRONMENTAL CLEARANCECONSTRUCTABILITY/BID-ABILITYOCTA PM/CM Services for Transit Facilities Projects Orange County, CA l l l l l l l l l l l Long Beach Energy Resources (LBER) Gas Pipeline Removal Long Beach, CA l l l l l l l l Mount Vernon Viaduct PM/CM Project San Bernardino, CA l l l l l l l l l l l Roan Road Slope Evaluation Rancho Palos Verdes, CA l l l l l l Alta Mira Canyon Drainage/Erosion Control Project Rancho Palos Verdes, CA l l l l l l Orange County Great Park Irvine, CA l l l l l l l l l l l Shaffer Park Orange, CA l l l l l l l l l l l REFERENCE PROJECTS HCS and their team of subconsultants have earned a reputation for their ability to successfully implement complex projects. We believe that one of a professional consultant’s primary responsibilities is to create designs in the present to respect the culture of a community, and adequately service the future. It is this philosophy that serves as the foundation to our project approach. Our proposed project team members have successfully completed similar assignments as a result of previous engagements. The following pages show specific project profiles within the last three years on which our team members have worked, exemplifying related requirements of the proposed Landslide Program Management Project. B-56 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 16 Project Management and Construction Management Services for Transit Facilities Projects Orange County, CA As the prime consultant PM/CM for OCTA’s transit facilities projects, HCS is responsible for managing the projects at five bus maintenance and operations bases (bus bases), five transportation centers, and two park-and-ride facilities. The individual construction projects for each facility varies in the range of $100,000-$2 million each. OCTA has identified more than 20 individual projects to be completed by 2021. The team responsibilities include full project management/ construction management services, agency coordination, document control, construction planning, project controls, and construction oversight. RELEVANCY • Overall Project & Construction Management for multiple concurrent projects • Similar comprehensive project scope including full PM/CM services, soils and materials testing and speciality inspections PROJECT DATES 2019 - Ongoing COST Varies by project ($100,000 - $2 Million) PROJECT TEAM -Sam Hout, PE -Chris Rideout, PE -Adam Hout -Brianna Arquette -Jasmine Ma -Ninyo & Moore REFERENCE Orange County Transportation Authority Nhatran Do Senior Project Manager Ph. (714) 560-5831 Email. ndo@octa.net HOUT CO~l!RUCfoONHR.,CU B-57 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 17 Long Beach Energy Resources (LBER) Gas Pipeline Removal Long Beach, CA The HCS/BKF team responsibilities consisted of construction inspection and construction management services for the project’s three (3) construction segments. As an accommodation for the widening of the OCTA I-405 project, an existing and abandoned natural gas pipeline belonging to the City of Long Beach Energy Resources department was required to be excavated, abated for asbestos, and removed. The pipeline consisted of single reach (10,300 lf) of 14” and 16” steel pipe with asbestos contained within the pipeline exterior wrap, comprised of an asphalt based coating blended with approximately 15% asbestos. Other duties included preparing progress payments, preparing change orders, and using certified industrial hygienic services and material testing and inspection. RELEVANCY • Construction Management for existing utility relocations in high traffic locations • Daily onsite inspections of sensitive infrastructure facilities PROJECT DATES 2019 - 2020 COST $2.4 Million PROJECT TEAM -Sam Hout, PE -Tim Connors, PE -Adam Hout REFERENCE City of Long Beach Chuck Querido Superintendent of Engineering Ph. (562) 570-2036 Email. chuck.querido@longbeach.gov HOUT C0~1!RUCfo0NHR.,CU B-58 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 18 SBCTA Mount Vernon Viaduct PM/CM Project San Bernardino, CA The Mount Vernon Viaduct Project is a Design Build project for the design, demolition and construction of the Mount Vernon Avenue Viaduct over the BNSF Railway Intermodal Yard in the City of San Bernardino. The original 1,016 foot bridge that was built in 1934 is now considered structurally deficient and functionally obsolete. The bridge which is still open to foot traffic is scheduled for demolition in late 2019 with construction slated to begin in early 2020. BKF coordinates with local public and private utility companies about project needs and acts as the liaison between all utility companies and project stakeholders to provide specific project updates. Additionally BKF is providing surveying and related Right of Way work such as identification of Right of Way requirements and other Right of Way Engineering services as needed in support of design developments and Owner Verification of the Design-Builder’s construction survey and to complete post-construction Record of Survey Tasks. RELEVANCY • Program Management and Construction Management • QA Surveying Services PROJECT DATES 2017 - Ongoing COST $140 Million PROJECT TEAM -Tim Connors, PE -Davis Thresh, PLS -Chris Rideout, PE -Jasmine Ma REFERENCE San Bernardino County Transportation Authority Dennis Saylor Senior Project Manager Ph. (909) 884-8276 Email. dsaylor@gosbcta.com B-59 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 19 Ninyo & Moore provided a preliminary geotechnical evaluation for the preliminary design of the Alta Mira Canyon Drainage/Erosion Control project located in Rancho Palos Verdes, California. The purpose of our geotechnical services was to make a preliminary evaluation of the soil, geologic and groundwater conditions associated with the preliminary design for mitigating erosion of Alta Mira Canyon. The project consists of an evaluation of four drainage improvement options that will aid in managing the storm water flow through the Alta Mira Canyon. The options include one or a combination of various mitigated measures, such as a canyon fill, new storm drains, energy dissipation systems, culverts, walls, gabions, retention basins, inlet and outlet structures and bypass systems. Alta Mira Canyon is a natural drainage channel trending roughly north-south for approximately 4,200 lineal feet. The canyon incises into relatively steep terrain underlain by complex ancient to recent landslides including the ancient Altamira landslide complex, the active Abalone Cove landslide, and the active Portuguese Bend landslide. The southern reach of the canyon, south of Palos Verdes Drive, cuts through the active Abalone Cove landslide. The primary geological concern is the infiltration of runoff into existing fractures and fissures which can impact future movement of the landslide. Our services have consisted of review and research of available geotechnical literature and aerial photographs, site reconnaissance and geologic mapping, data compilation and analysis and partial preparation of a preliminary geotechnical report. The preliminary report included a discussion regarding the geologic and seismic hazards, anticipated soil and geologic conditions and potential impacts to the design and construction of proposed improvements. Ninyo & Moore performed geotechnical evaluation and design services for the slope located west of the residential property on Roan Road in eastern area of Rancho Palos Verdes, California. The subject slope is located west of the residence at Roan Road and northeast of Roan Road itself. The approximately 5 to 24-foot-high slope descends from Roan Road to a concrete driveway for 28640 and 28630 Roan Road. During installation of a power pole in late 2020, a hole was drilled adjacent to the gutter along the northeastern side of Roan Road. The drilling damaged a buried water line that extended along the northern side of Roan Road. Water from the damaged water line flowed southeast along the top of the slope and onto Roan Road. A portion of the flow went down the slope causing local areas of erosion and soil debris to collect in the driveway at the base of the slope and adjacent to the home at 28630 Roan Road. Based on our observations of the slope and the test pits, we provided repair alternatives including surficial grading, installation of a jute matting, and planting with drought-resistant vegetation. The client chose to repair the slope by removing the surficial 12 to 18 inches of the loose surficial soils, benching into the underlying firm materials, and replacing the soil as compacted fill. After consulting with a landscape expert, the slope was revegetated with a mixture of shallow and deep rooted, drought tolerant vegetation. NINYO & MOORE | Roan Road Slope Evaluation Rancho Palos Verdes, CA CLIENT:: Sierra West Adjusters. CONTACT: Mr. Scott Towns | Ph. (209) 368-4114 NINYO & MOORE | Alta Mira Canyon Drainage/Erosion Control Project Rancho Palos Verdes, CA CLIENT:: Harris & Associates CONTACT: Mr. Randall Berry | Ph. (949) 655-3900 B-60 STAFF QUALIFICATIONS & EXPERIENCE City of Rancho Palos Verdes Landslide Program Manager 20 LSA prepared the Environmental Impact Report (EIR) for the 655-683 Deep Valley Drive and 924-950 Indian Peak Road project. The project site was located within the City’s main commercial area (Peninsula Center) within a mixed-use overlay zone and required a Conditional Use Permit (CUP). The project was comprised of subdividing the existing 10.42 ac property into two. The first parcel stabilized the existing landslide and included 148 residential units and approximately 14,200 square feet (sf) of commercial area fronting Deep Valley Drive and associated parking. The second parcel consisted of the existing Brick Walk commercial development with construction of additional parking spaces to comply with the City’s parking requirements. The Project included demolition of an existing commercial building, parking lot and landscaping, slope stabilization related to the historic landslide (Silver Spur Graben), construction of a mixed used podium style building and a townhome building and replacement of parking spaces within the existing Brick Walk development. Due to the presence of an earthquake induced landslide zone within the project site, assessment of slope stability and appropriate remediation, including substantial retaining walls, were assessed in the EIR. The EIR was completed in 2012. LSA | Deep Valley Drive & Indian Peak Road Project Rolling Hills Estates, CA CLIENT:: City of Rolling Hills Estates CONTACT: Mr. David Wahba | Ph. (310) 337-1577 ext 103 HOUT CO~l!RUCfoON Hh B-61 City of Rancho Palos Verdes Landslide Program Manager 21 PROJECT SCHEDULE ID Task Name Duration Start Finish 1 CONTRACT AWARD/EXECUTION 1 day Mon 10/18/21 Mon 10/18/21 2 3 KICK-OFF MEETING 6 days Mon 10/18/21 Tue 10/26/21 4 Notice to Proceed 0 days Mon 10/18/21 Mon 10/18/21 5 Kick-off Meeting 0 days Tue 10/26/21 Tue 10/26/21 6 LAND MOVEMENT MONITORING 357 days Mon 10/18/21 Tue 2/28/23 7 Task 1 - Land Movement Monitoring 45 days Mon 11/1/21 Fri 12/31/21 8 Develop Land Movement Monitoring 45 days Mon 11/1/21 Fri 12/31/21 9 Task 2 - Monitoring 305 days Mon 11/1/21 Fri 12/30/22 10 Begin Survey Monthly Monitoring 305 days Mon 11/1/21 Fri 12/30/22 11 Prepare Monthly Report 283 days Wed 12/1/21 Fri 12/30/22 12 Task 3 - Project Close Out 42 days Mon 1/2/23 Tue 2/28/23 13 Project Close Out 42 days Mon 1/2/23 Tue 2/28/23 14 15 16 17 CONTRACT AWARD/EXECUTION 1 day Mon 10/18/21 Mon 10/18/21 18 19 KICK-OFF MEETING 6 days Mon 10/18/21 Tue 10/26/21 20 Notice to Proceed 0 days Mon 10/18/21 Mon 10/18/21 21 Kick-off Meeting 0 days Tue 10/26/21 Tue 10/26/21 22 PORTUGUESE BEND LANDSLIDE MOVEMENT MITIGATION 357 days Mon 10/18/21 Tue 2/28/23 23 Task 1 - Project Coordination 45 days Mon 11/1/21 Fri 12/31/21 24 Coordination with City 45 days Mon 11/1/21 Fri 12/31/21 25 Task 2 - Environmental Impact Report (EIR)315 days Mon 10/18/21 Fri 12/30/22 26 On-Going Review of Draft EIR 305 days Mon 11/1/21 Fri 12/30/22 27 Prepare Project Work Plan 7 days Mon 10/18/21 Tue 10/26/21 28 Prepare Progress Reports 45 days Mon 11/1/21 Fri 12/31/21 29 Review Project Information 305 days Mon 11/1/21 Fri 12/30/22 30 Perform Constructability Reviews and Value Engineering 305 days Mon 11/1/21 Fri 12/30/22 31 Prepare Agenda and Notes 305 days Mon 11/1/21 Fri 12/30/22 32 Task 3 - Project Close Out 42 days Mon 1/2/23 Tue 2/28/23 33 Project Close Out 42 days Mon 1/2/23 Tue 2/28/23 34 35 36 37 CONTRACT AWARD/EXECUTION 1 day Mon 1/2/23 Mon 1/2/23 38 39 KICK-OFF MEETING 6 days Mon 10/18/21 Tue 10/26/21 40 Notice to Proceed 0 days Mon 10/18/21 Mon 10/18/21 41 Kick-off Meeting 0 days Tue 10/26/21 Tue 10/26/21 42 LANDSLIDE ROADWAY MANAGEMENT PROGRAM 357 days Mon 10/18/21 Tue 2/28/23 43 Task 1 - Roadway Management and Inspections 45 days Mon 11/1/21 Fri 12/31/21 44 Perform Roadway Management and Inspections 45 days Mon 11/1/21 Fri 12/31/21 45 Task 2 - Project Close Out 357 days Mon 10/18/21 Tue 2/28/23 46 Project Close Out 42 days Mon 1/2/23 Tue 2/28/23 47 48 49 50 CONTRACT AWARD/EXECUTION 1 day Mon 10/18/21 Mon 10/18/21 51 52 KICK-OFF MEETING 6 days Mon 10/18/21 Tue 10/26/21 53 Notice to Proceed 0 days Mon 10/18/21 Mon 10/18/21 54 Kick-off Meeting 0 days Tue 10/26/21 Tue 10/26/21 55 ALTAMIRA CANYON IMPROVEMENTS 347 days Mon 11/1/21 Tue 2/28/23 56 Task 1 - Perform Program Management, Construction & Oversight Inspections 45 days Mon 11/1/21 Fri 12/31/21 57 Perform Program Management, Construction & Oversight Inspections 45 days Mon 11/1/21 Fri 12/31/21 58 Task 2 - Project Close Out 42 days Mon 1/2/23 Tue 2/28/23 59 Project Close Out 42 days Mon 1/2/23 Tue 2/28/23 10/18 10/18 10/26 10/18 10/18 10/26 10/18 10/18 10/26 10/18 10/18 10/26 O N D J F M A M J J A S O N D J F M Half 2, 2021 Half 1, 2022 Half 2, 2022 Half 1, 2023 Task Milestone Summary Project Summary Project Deliverable City Review Manual Summary Rollup Manual Summary Progress CITY OF RANCHO PALOS VERDES LANDSLIDE PROGRAM MANAGER Mon 9/27/21 BKF NO. 20190191 LEGEND SCHEDULE ASSUMPTIONS: 1. Contract duration from Oct 2021 until Dec 2022. 2. Close Out Period - 2 months. 3. Schedule presented is for PM/CM Services. 4. HCS’s Team will review and validate contractors schedules. 5. See detailed scope of work for specific subtasks. (See Pages 3 & 4) I -I I I I I +-i I ' I I I I I .. I I I I I I I I I I I I I I I I I ~ I I I I I I I I I I I - - B-62 QUALITY CONTROL PLAN City of Rancho Palos Verdes Landslide Program Manager 22 APPROACH TO BUDGET & SCHEDULEAPPROACH TO QUALITY Chris Rideout, PE will be dedicated to the project as the Quality Assurance/Quality Control Manager. Chris’s key role is to assure the Quality Control procedures delineated below are closely followed and the procedure documented. Quality and safety are the #1 priority for the HCS/BKF team. Quality is the responsibility of every professional on the project team. Achieving quality is a function of the accuracy, objectivity, consistency, and timeliness of our work efforts and deliverables, as well as the positive attitudes of our staff. We strive for a positive example of a quality culture for the City of Rancho Palos Verdes, the stakeholders, other consultants, and contractors. Chris Rideout requires a heightened awareness of quality by emphasizing and monitoring the team’s performance. The project team will implement the following three-level quality procedures (also shown in the exhibit below): LEVEL 1 = Checking plans, specifications, estimates, calculations, studies, and deliverables LEVEL 2 = Interdisciplinary Reviews ▪The team will ensure the interdisciplinary reviews are conducted on the construction documents LEVEL 3 = Peer Reviews ▪The team will ensure that the PS&Es are reviewed by an independent QA/QC manager and team Our team will monitor, inspect, and document our findings thoroughly to ensure that the desired “RPV Quality” is achieved. $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR Jeffrey/Walnut Intersection Improvements Project Anticipated Cumulated Burn Rate through February 2019 Projected Cumulated Burn Rate Cumulated Invoice Amount ID Task Name Duration Start Finish 1 CONTRACT AWARD/EXECUTION 1 day Wed 10/24/18 Wed 10/24/18 2 3 KICK-OFF MEETING 1 day Wed 10/31/18 Wed 10/31/18 4 KICK-OFF MEETING 0 days Wed 11/7/18 Wed 11/7/18 5 1 day?Wed 10/31/18 Wed 10/31/18 6 PICO RIVERA REGIONAL BIKEWAY (CIP NO. 21280)451 days Wed 10/24/18 Wed 7/15/20 7 Task 1 - Project Management, Meetings and Outreach 150 days Wed 10/31/18 Tue 5/28/19 8 Task 1.1 - Project Administration 880 days Wed 10/31/18 Tue 3/15/22 9 Attend Kick-Off Meeting 1 day Wed 10/31/18 Wed 10/31/18 10 Attend Coordination Meetings 44 mons Wed 10/31/18 Tue 3/15/22 11 Community Outreach and Council Meetings 44 mons Wed 10/31/18 Tue 3/15/22 12 Task 2 - Project Report and Environmental Clearance 227 days Wed 10/31/18 Thu 9/12/19 13 Task 2.1 - Base/Preliminary Data Review 880 days Wed 10/31/18 Tue 3/15/22 14 Utility Record Request/Notification (Utility A, B and C Letters)9 mons Thu 11/1/18 Wed 7/10/19 15 Utility Base Mapping 3 wks Thu 11/22/18 Wed 12/12/18 16 Utility Coordination Meetings (3 Meetings)44 mons Wed 10/31/18 Tue 3/15/22 17 Task 3 - Preliminary Engineering 216 days Wed 10/31/18 Wed 8/28/19 18 Task 3.1 - Design Survey 15 days Thu 11/1/18 Wed 11/21/18 22 Task 3.2 - Records Research and Field Reviews 150 days Wed 10/31/18 Tue 5/28/19 26 Task 3.3 - NPDES Program Compliance 40 days Fri 4/17/20 Thu 6/11/20 27 NPDES Compliance Memo 4 wks Fri 4/17/20 Thu 5/14/20 28 NPDES Technical Documents and Design 8 wks Fri 4/17/20 Thu 6/11/20 29 Task 3.4 - Pavement Investigation 51 days Mon 1/28/19 Mon 4/8/19 30 Pavement Evaluation 10 wks Mon 1/28/19 Fri 4/5/19 31 Submit Draft Pavement Engineering Report 1 day Mon 4/8/19 Mon 4/8/19 32 Task 3.5 - Geotechnical Engineering 397 days Thu 11/8/18 Fri 5/15/20 33 Geotechnical Investigation Report 397 days Thu 11/8/18 Fri 5/15/20 34 408 Permit Application (For Geotechnical Borings at San Gabriel River)84 days Thu 11/8/18 Tue 3/5/19 46 Conduct Geotechnical Borings 1 wk Mon 2/17/20 Fri 2/21/20 47 Prepare Geotechnical Investigation Report 12 wks Mon 2/24/20 Fri 5/15/20 48 Task 3.6 - Hydraulic Analysis 135 days Mon 3/9/20 Fri 9/11/20 49 Hydrology/Hydraulics Study Report 12 wks Mon 3/9/20 Fri 5/29/20 50 Draft and Final SUSMP 15 wks Mon 6/1/20 Fri 9/11/20 51 Task 3.7 - Concept Plans 58 days Wed 10/31/18 Fri 1/18/19 52 Task 3.7.1 - Concept Plans (Road, Bridge and Landscape)2 wks Thu 11/15/18 Wed 11/28/18 55 Task 3.7.2 - Public Outreach and Meetings 1 day Mon 8/12/19 Mon 8/12/19 56 Task 3.7.3 - Final Concept Plans 1 wk Fri 8/2/19 Thu 8/8/19 59 Task 3.8 - Environmental Document 483 days Wed 10/31/18 Fri 9/4/20 60 PES Form and Intitial Study (ISA Check List)70 days Wed 10/31/18 Tue 2/5/19 61 Prepare PES Form 15 days Wed 10/31/18 Tue 11/20/18 62 Caltrans Review #1 of PES Form 25 days Wed 11/21/18 Tue 12/25/18 63 Revise PES Form and Provide Additional Information to Caltrans 5 days Wed 12/26/18 Tue 1/1/19 64 Caltrans Review #2 25 days Wed 1/2/19 Tue 2/5/19 65 Technical Studies and NEPA Categorical Exclusion 82 days Wed 2/6/19 Thu 5/30/19 72 NEPA Revalidation 81 days Fri 5/15/20 Fri 9/4/20 73 Review NEPA Revalidation 1 wk Fri 5/15/20 Thu 5/21/20 74 Submit NEPA Revalidation to City 1 day Fri 5/22/20 Fri 5/22/20 75 City Review of NEPA Revalidation 1 wk Mon 5/25/20 Fri 5/29/20 76 Revise Revalidaton and Submit Final to City to Submit to Caltrans 5 days Mon 6/1/20 Fri 6/5/20 77 Caltrans Review 30 days Mon 6/8/20 Fri 7/17/20 78 Submit Revised NEPA Revalidation 5 days Mon 7/20/20 Fri 7/24/20 79 Caltrans Review 30 days Mon 7/27/20 Fri 9/4/20 80 CEQA Initial Study 126 days Wed 1/2/19 Wed 6/26/19 83 CEQA Initial Study (ADDENDUM)249 days Tue 6/25/19 Fri 6/5/20 84 City Adopted CEQA Document 1 day Tue 6/25/19 Tue 6/25/19 10/3110/31 11/7 212841118252 916233061320273 101724310172431714212851219262 916233071421284 1118251 815222961320273 1017241 815222951219262 916231 815222951219263 10172431714212851219262 9162330613202741118251 815222961320273101724317142128714212841118252 9162330613202741118251 8152229512192631017243171421285121926291623306132027613Oct '18 Nov '18 Dec '18 Jan '19 Feb '19 Mar '19 Apr '19 May '19 Jun '19 Jul '19 Aug '19 Sep '19 Oct '19 Nov '19 Dec '19 Jan '20 Feb '20 Mar '20 Apr '20 May '20 Jun '20 Jul '20 Aug '20 Sep '20 Oct '20 Nov '20 Dec '20 Jan '21 Feb '21 Mar '21 Apr '21 May '21 Jun '21 Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22 Mar '22 Task Milestone Summary Project Summary Project Deliverable City Review Manual Summary Rollup Manual Summary Progress CITY OF PICO RIVERA REGIONAL BIKEWAY PROJECT (CIP NO. 21280) Mon 6/15/20 BKF NO. 20181006 LEGEND We implement budget and schedule tracking procedures that allow us to remain within budget and on schedule. We use budget summary sheets that compare the budget to actual on regular basis and allows for corrective actions if necessary. Similarly, our schedules compare the base line schedule to actual work progress and our two -week look ahead and milestone corrective course allows us to stay on schedule. Given our proven track record with our past clients, we are proud to say, “We finish projects on time and within budget.” QUALITY PROCEDURES 321 Checking plans, specifications, estimates, calculations, studies, and deliverables Interdisciplinary Reviews: We will ensure the interdisciplinary reviews are conducted on the construction documents Peer Reviews: We will ensure that the PS&Es are reviewed by an independent QA/QC Manager and team B-63 ACCEPTANCE OF CONDITIONS City of Rancho Palos Verdes Landslide Program Manager 23 After review of the sample Professional Services Agreement as provided by the City of Rancho Palos Verdes, Hout Construction Services (HCS) can confirm that they have no exceptions or suggested changes to the agreement. B-64 HOUT CONSTRUCTION SERVICES20250 SW Acacia Street, Suite 150Newport Beach CA 92660www.houtconstruction.com CONTACT SAM HOUT, PE (949) 374-2553 shout@houtconstruction.com HOUT CONSTRUCTION SERVICES cons1,1ltmgleng,neerongltransportat,on B-65 Page 1 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 City of Rancho Palos Verdes Request for Proposals Landslide Program Manager Public Works Department Attention: Ron Dragoo, Principal Engineer 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 Phone: (310) 544-5250 Email: rond@rpvca.gov RFP Release Date: August 26, 2021 Request for Clarification Deadline: Sept. 16, 2021 RFP Submittal Deadline: September 28, 2021 Pl B-66 Page 2 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 Landslide Program Manager The City of Rancho Palos Verdes is requesting proposals from qualified consulting firms to serve as Program Manager for projects associated with land movement areas in Rancho Palos Verdes including a Land Movement Monitoring Program, Portuguese Bend Landslide Movement Mitigation Project, Landslide Roadway Management Program and the Altamira Canyon Improvement Project. All correspondence and questions regarding this RFP should be submitted via email to: Ron Dragoo, Principal Engineer Email: rond@rpvca.gov To be considered for this project, submit an electronic copy of the proposal to the above email address by 4:30PM, on September 28, 2021 B-67 Page 3 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 TABLE OF CONTENTS I. Introduction Page 4 II. Solicitation Objective Page 4 III. Project Background Page 4 IV. Scope of Services Page 7 V. Scope of Work Page 7 VI. Deliverables Page 19 VII. Preliminary Project Schedule Page 22 VIII. Necessary Qualifications and Submittal Requirements Page 23 IX. Submission of Proposal Page 25 X. Evaluation and Selection Process Page 25 XI. Attachments Page 27 Attachment (A) – Project Area Map Attachment (B) – Professional Services Agreement (sample) Land Movement Monitoring Attachments: Attachment A-A https://www.rpvca.gov/1426/Landslide-Surveys Portuguese Bend Landslide Movement Mitigation Project Attachments: Attachment B-A January 16, 2018, Staff Report Attachment B-B August 7, 2018 Staff Report Attachment B-C December 18, 2018 Staff Report Attachment B-D December 17, 2019 Staff Report Attachment B-E May 19, 2020 Staff Report Attachment B-F December 19, 2020 Staff Report Landslide Roadway Management Program Attachments: Attachment C-A August 20, 2019 Staff Report Altamira Canyon Improvements Project Attachments: Attachment D-A November 4, 2015 Staff Report Attachment D-B December 2016, Draft PSR Attachment D-B PSR Appendices A through J B-68 Page 4 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 Attachment D-C November 4, 2020 Staff Report 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. II. SOLICITATION OBJECTIVE 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 (Attachment B). The City is requesting proposals from qualified consulting firms to serve as the program manager for projects occurring within the Altamira Ancient Landslide Complex. This scope of services covers overall project management and construction management activities for the four known projects and other projects that may be identified in the future; whereas a firm specializing in environmental clearance has been retained to develop the EIR for the Portuguese Bend Landslide Mitigation Project, and whereas a firm has been retained to develop the planning and concept design for the Altamira Canyon Improvements Project; and whereas a construction agreement is in place for on -call construction services to repair the roadway (Palos Verdes Drive South) where it traversed the landslide. Separate solicitations will be issued as indicated below. III. PROJECT BACKGROUND/DESCRIPTION A. Land Movement Monitoring Land movement in Rancho Palos Verdes was reactivated in the Portuguese Bend area of the Altamira Landslide Complex in 1956; the land movement is still occurring today. The Altamira Landslide Complex includes three active landslides: the Abalone Cove Landslide, the Portuguese Bend Landslide, and the Klondike Landslide. To better understand movement within these landslides, the City of Rancho Palos Verdes (City) has performed high precision GPS surveys within the Altamira Landslide Complex over B-69 Page 5 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 the past several years. The GPS survey is performed annually and currently consists of three measurement periods, one in the fall, one in the winter and one in the spring. This information is available to be viewed on the City’s web site at the following location – https://www.rpvca.gov/1426/Landslide-Surveys Land movement data is used to evaluate needed improvements, maintenance needs and to provide an indicator of possible future movement. B. Portuguese Bend Landslide Movement Mitigation Project On January 16, 2018, after a series of public workshops where input from residents was received regarding ideas on minimizing land movement and on the anticipated effects repairs would have on that movement, Staff presented City Council with a draft copy o f a Feasibility Study addressing extensive work to stabilize the Portuguese Bend Landslide complex. City Council received and filed the Updated Feasibility Study on August 7, 2018. On December 18, 2018, City Council approved the award of a new profession al services agreement for design services (conceptual) associated with the Portuguese Bend Landslide Mitigation Project. On December 17, 2019, following several meetings with staff, including meetings with the Palos Verdes Peninsula Land Conservancy (PVPLC) and others, staff presented to the City Council the proposed design drawings, hydrologic analysis, and geotechnical analysis associated with the PBLM Project. After considering public testimony, City Council accepted the proposed plan. The proposed plan involves a series of recommended mitigation measures which follow a phased approach to construction. Construction is likely to be implemented in stages, which may occur separately. The anticipated construction phasing is ordered as follows: (i) Surface Fracture Infilling: fill existing fissures ranging in width from a few feet to 15 feet with flowable fill material to eliminate storm runoff from easily becoming part of the groundwater (ii) Surface Water Improvements: install engineered swales, a flow reduction area, a new pipe, and rehabilitate existing pipes and channels to convey storm runoff and prevent it from easily becoming part of the groundwater; and (iii) Groundwater Mitigation Improvements: install hydraugers to alleviate artesian water pressure underground in the landslide area. On December 17, 2019, City Council also authorized Staff to proceed with preparing the project-required environmental documents pursuant to the California Environmental Quality Act (CEQA). The environmental documents are intended to study and provide information on the potential impacts the proposed project may have on the surrounding B-70 Page 6 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 environment and provide mitigation measures to reduce the potential impacts to a less than significant level. On May 19, 2020, the City Council approved the award of a professional services agreement to Chambers Group, Inc. (consultant) to prepare the project -required environmental documents. On November 12, 2020, A Notice of Preparation (NOP) announcing that a Draft Environmental Impact Report (DEIR) will be prepared for the proposed project was released to the public for a comment or “scoping” period (concluding on January 15, 2021, at 4:30pm). On December 19, 2020, the City Council conducted a public hearing to receive verbal comments on the environmental issues and topics to be addressed in the preparation of the project EIR. The comment period ended January 15, 2021. Comments included a recommendation from the City Council to develop a conceptual alignment of an alternative outlet pipe to drain the flow reduction area, and to explore modifying the construction phases by installing hydraugers in the first phase, installing surface water improvements in the second phase and performing surface fracture infilling in the third phase of the project. C. Landslide Roadway Management Program The City has been managing repairs to Palos Verdes Drive South through the landslide since incorporation in 1973. The current management program includes : • Weekly inspections; • Grouping repairs that are needed into a project; • Developing the estimated cost of repairs; • Coordination with contractor to perform repairs; • Notifying the public when repairs are to be performed; • Inspecting the repairs; • Preparing final quantities of work preformed. The City budgets approximately $650,000 annually to repair approximately 1 mile of roadway traversing the landslide. A copy of the August 20, 2019 Staff Report that awarded an agreement for needed repairs to the construction contract is attached (Attachment C-A) D. Altamira Canyon Improvements Project On November 4, 2015, City Council awarded a Professional Services Agreement to Harris & Associates to develop a Project Study Report (PSR) for the Altamira Canyon Drainage Project. This project was identified to provide additional safeguards to the Abalone Cove Landslide area. Reduction/minimization of groundwater infiltration is a B-71 Page 7 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 primary target when considering methods to slow movement in landslides. The Ancient Altamira Landslide includes the Abalone Cove and Portuguese Bend Landslides. These two landslides are adjacent to each other and move at differing speeds. The Abalone Cove landslide steadily creeps along, moving approximately a tenth of a foot annually with recent localized movement measured up to a foot annually, while the Portuguese Bend landslide is experiencing significantly more movement. The PSR presented detailed analysis and evaluation of the recommendations from previous studies and considered information and improvements that have been installed by the adjoining property owners to Altamira Canyon. The PSR that was being developed back in 2016 did not include any analysis for the watershed upstream or downstream of the Abalone Cove neighborhood. The draft PSR was approximately 90% complete in December 2016. Work was stopped on the PSR when it was determined that additional funding would be needed and was not available to modify the scope of work to include the entire undeveloped runoff area. On November 4, 2020 the City Council awarded a Professional Services Agreement (PSR) to Harris & Associates to revise the Altamira Canyon Drainage Project Study Report including expanding the study area to include the drainage basin through the open space area north to Crest Road and to the south to the Pacific Ocean an update the PSR. The updated PSR document is needed to identify alternatives to consider in minimizing groundwater infiltration and canyon erosion over the entire reach of Altamira Canyon. Environmental considerations will be developed and analyzed to establish the best solution and will be taken into account when evaluating the preferred alternative. City Council will select the preferred alternative and direct further environmental study toward obtaining environmental clearance and direct staff to proceed with the design of the preferred alternative upon completion of the PSR update if appropriate. VI. SCOPE OF SERVICES The City is accepting proposals from qualified firms to serve as a consultant for program management, project management, construction management, and inspection activities for the term of the professional services contract or until final close-out of projects. The awarded firm shall proactively anticipate barriers to efficient project execution, analyze issues, and partner with the Owner, Engineer, and stakeholders to develop solutions . SCOPE OF WORK A. Land Movement Monitoring 1) Develop a Land Movement Monitoring program. B-72 Page 8 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 2) Determine the appropriate survey frequency to provide sufficient information on land movement. The minimum expected survey frequency is monthly. 3) Determine the appropriate number and location of survey points to provide sufficient information on land movement. Existing survey points should be taken into consideration. 4) Collect survey data that will provide information on ground and slope movement including horizontal and vertical data. 5) The type of surveying is not specified and may include a traditional Chain, compass, theodolite, photographic, drone, GPS or other appropriate survey methods. 6) Provide a report of survey information (data), contour maps and movement illustrations and graphs in a format agreed to by City on a monthly basis. 7) Consultant shall preform the survey(s) and analyze the survey data and inform the City of significant or unusual horizontal and/or vertical movement in the monthly report. 8) Complete other tasks deemed necessary for the accomplishment of a complete and comprehensive outcome as described herein. Consultant shall expand on the above-noted tasks, where appropriate, and provide suggestion s which might lead to efficiencies and enhance the results or usefulness of the work. B. Portuguese Bend Landslide Movement Mitigation Project The several phases of this project include completing the EIR, final Design, Procurement, Construction Management, and Inspection. 1) Environmental Impact Report (EIR) a. Provide Project Management for the remaining work associated with development and finalization of the EIR; b. Manage the tasks for the EIR; c. Manage the schedule of the EIR; d. Respond to consultant inquiries and provide prompt responses e. Coordinate all information needed for the EIR f. Manage design consultant work product to determine optimal project sequencing and optimal drainage alignment to guide selection of an alternative in the EIR; g. Review all drafts of the EIR as they become available and coordinate review by city officials and staff; h. Facilitate publishing the draft EIR and associated documents; i. Coordinate and track EIR comments, distribute to consultant, and oversee responses by the Consultant. j. Oversee finalization of the EIR Final Design and Procurement B-73 Page 9 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 1) GENERAL MANAGEMENT a. Develop Project Work Plan (on City form) to map out how project will go from current status to final completion; b. Prepare reports, deliver presentations, and lead meetings (prepare agendas and read-aheads, facilitate discussions, develop and distribute meeting minutes) to the City Council, City leadership team, and stakeholder groups ; c. Submit weekly Project Status Report (on City form) to document: i. Project risks or issues that may impact scope, schedule, or budget ii. Current status iii. Prior week’s activities iv. Upcoming week’s activities v. Current schedule against baseline schedule vi. Current budget status against baseline budget vii. Contract authorization available, expiration date, and needed action ; 2) SCHEDULE MANAGEMENT a. Prepare overall project schedule using Critical Path Method for inclusion Project Work Plan; b. Conduct regular design progress meetings and monitor progress compared to baseline schedule; update project schedule when needed and document reason for deviation from baseline take notes and prepare minutes; c. Proactively identify schedule risk and develop recovery strategies to mitigate impact. 3) BUDGET MANAGEMENT a. Prepare overall project budget by phase for inclusion in Project Work Plan ; b. Track actual costs and compare to budgeted amount; forecast ongoing resource needs and assesses sufficiency of remaining budget; request additional budget when needed and provide justification ; c. Proactively identify budget risk and develop recovery strategies to mitigate impact; d. Prepare Design Change Order/Contract Amendment packages (on City form) including narratives explaining circumstances leading to Change Order, cost analysis, and other supporting documentation; e. Review Pay Requests for accuracy and inclusion of all necessary information and recommend approval. 4) QUALITY MANAGEMENT a. Perform quality assurance review of all design submittals, check-sets, and bid documents; generally including plans, specifications, cost estimates, and other contract documents to assure: i. Plans and specifications meet all applicable standards ii. No errors, omissions, vague, or conflicting information iii. Engineering judgment is appropriately used B-74 Page 10 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 iv. Assumptions are reasonable and valid v. Cost estimates are comprehensive, use most applicable units and prices, and apply suitable contingencies vi. Critical path method construction schedule provides the appropriate amount of time to complete construction as quickly as possible without increasing costs due to excessive schedule constraints; b. Perform constructability review to ensure that design can be constructed within the known physical constraints; c. Perform value engineering and identify opportunities to improve design and reduce costs. 5) CONSTRUCTION MANAGEMENT d. Serve as City’s representative during construction and act as liaison between the City, the contractor, and the Engineer. A second point of contact shall be identified to act in the CM’s absence; e. Review and have a thorough understanding of the construction contract documents including but not limited to plans, specifications, bid sheet, special provisions, general conditions, schedule, etc.; f. Oversee Construction Inspectors to assure that they are performing adequate inspection of the construction contractor’s work for compliance with the construction documents; g. Conduct bi-weekly progress, and other necessary meetings; including preparing and distributing agendas, meeting minutes, and other necessary documentation; h. Review, comment on, and recommend acceptance of the contractor’s construction schedule. Ensure that the contractor stays on schedule. If the contractor is not progressing according to schedule, document delays and notify the City and the contractor. As directed by the city, develop strategies to mitigate delays, prepare notices to cure, and calculate liquidated damages; i. Review, comment on, and recommend approval of all submittals including shop drawings, samples, and testing reports; consulting with the Engineer when necessary; j. Review all Requests for Information and prepare responses through consultations with the Engineer when necessary; k. Periodically spot-check field inspection activities to ensure that inspection work is being done correctly both in terms of the level of inspection for specific activities as well as the method of inspection; l. Check that all Construction Inspector Daily Reports are produced in a timely fashion and include the appropriate amount and type of information, summarize in a weekly report; m. Collect and file electronic copies of materials tickets, testing reports, quality assurance checklists, and Daily Reports; B-75 Page 11 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 n. Review all Proposed Change Orders, review justification for contract change, prepare data-driven independent cost estimates, and analyze schedule impacts. Recommend approval or rejection of Proposed Change Orders. For approved Change Orders, prepare necessary documentation (on City forms); o. Review all Pay Requests for accuracy of work completed and quantity installed, ensure that all pertinent information is included, and provide comments and recommendations for payment; p. Proactively identify and investigate any potential construction problems and recommend solutions; q. Immediately document any non-compliance with the construction contract, unusual occurrences, or accidents occurring within the project limits; r. Maintain comprehensive project files in electronic format that are easily accessible to City staff; including daily inspection reports, all testing data, redline marked up plans, correspondence with contractor, engineer of record, City staff, and the public. All project files shall be organized in a folder structure and file naming convention that allows for easy identification of the topics and dates of all documents; s. Schedule and conduct walk-through inspection. Review comprehensive punch list prepared by Inspector for completeness, provide input and ensure close-out of all punch list items; t. In consultation with City staff, act as liaison between the City and the public/stakeholders concerning issues with construction. 6) INSPECTION a. Serve as project inspector; b. Provide full-time construction inspection services for all activities that require inspection throughout the project; c. Review plans, specifications, bid sheet, special provisions, general conditions, schedule, and any other construction contract documents prior to the contractor performing scheduled work; maintain a thorough understanding of work to be performed. Coordinate daily with City staff and contractor on all construction activity and site matters; d. Inspect all aspects of the construction, site, and contractor’s work for safety measures. Check compliance with all State and Local regulatory requirements including but not limited to OSHA; immediately notify the contractor and report to the city all violations or near misses and then properly document them; e. Ensure that all Erosion and Sediment controls, and other environmental protections are in compliance with the contract documents as well as any applicable State and Local requirements; and that any deficiencies are immediately reported to the contractor and the City and then documented ; f. Ensure any required traffic control is in compliance with the approved traffic control plans, the Manual for Uniform Traffic Control Devices, and any other B-76 Page 12 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 applicable State or Local regulatory requirements; and that any deficiencies are immediately reported to the contractor, corrected by the contractor and reported to the City and then documented; g. Perform and document results of Stormwater Pollution Prevention Plan compliance checks to ensure that the construction contractor is adequately performing all self-inspections and documenting results; h. Monitor and inspect all site activities and verify that all work is installed in accordance with plans, specifications, bid sheet, and is in compliance with the contract documents; immediately report non-compliance to the contractor and the City and then document accordingly; i. Identify all supplier documents/tickets needed to verify that materials delivered and/or installed are in compliance with plans, specifications, and bid sheet; collect and organize these documents into the project files and verify compliance; j. Ensure the contractor performs all necessary testing of installed materials in accordance with specifications, oversee the materials testing, collect all testing documents and record results, notify the contractor of non-satisfactory tests, report to the City and document accordingly; k. Complete daily inspection reports including narratives and photographs documenting contractor’s activities and progress, status of safety practices, status of environmental controls, weather conditions, labor force, equipment used, materials delivered, quantities installed, issues that arose, and any test results received; l. Make sure that the contractor updates the redline set of plans at the construction site immediately as any items are adjusted in the field; m. Coordinate with the Project Manager, contractor, Engineer of Record, and City Staff as needed to resolve any issues that may arise during construction; n. Document inquiries and complaints from the public, immediately notify city staff, and develop feasible solutions to complaints as directed by city staff; o. Proactively identify and investigate any potential construction problems and recommend alternative solutions; p. Report and immediately document any non-compliance with the construction contract, unusual occurrences, or accidents occurring within the project limits to the City’s Project Manager; q. Schedule and conduct walk-through inspection. Prepare comprehensive written punch lists and coordinate close-out of all punch list items; r. In consultation with city staff and the Project Manager, act as a liaison between the City and the affected residents, businesses, etc. concerning issues with the construction and recommend solutions; 7) COORDINATION a. Coordinate with outside agencies to ensure that all permits are procured in a timely manner; B-77 Page 13 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 b. Assist with bidder solicitation activities; c. Assist in the procurement of equipment and/or materials as needed. C. Landslide Roadway Management Program 1) PROGRAM MANAGEMENT a. Develop a new Landslide Roadway Management Program or revise the existing program, if needed, to inspect, evaluate, coordinate repairs to the roadway where it traverses the landslide on Palos Verdes Drive South. Program shall incorporate but not be limited to; i. Perform weekly inspections of the roadway condition; ii. Document weekly inspections of the roadway condition, create a report, track possible needed repairs identified through weekly inspections; iii. Prepare recommendations for repairs, review recommended repairs with City staff; iv. Generate task orders to on-call construction contractors for repair work as needed; v. Meet with contractors prior to construction to confirm: scope of repairs needed, construction schedule, traffic control requirements, and estimated cost of repairs per field measurements and bid prices; vi. Take notes and develop meeting minutes; vii. Coordinate notifications of construction with City; viii. Maintain electronic files for the work associated with each completed construction task – close out each repair project and prepare a report of construction activities. 2) CONSTRUCTION INSPECTION a. Review task order, estimated material quantities, proposed repairs, cross check and validate bid sheet with estimated cost of construction, and review schedule prior to the contractor performing scheduled work, maintain a thorough understanding of work to be performed; b. Inspect all aspects of the construction, site, and contractor’s work for compliance with safety requirements. Check compliance with all State and Local regulatory requirements including but not limited to OSHA; immediately notify the contractor and report to the city all violations or near misses and then properly document them; c. Coordinate daily with City staff and contractor on all construction activity and site matters; d. Ensure that all Erosion and Sediment controls, and other environmental protections are in compliance with the task order requirements as well as any applicable State and Local requirements; and that any deficiencies are immediately reported to the contractor and the City and then documented ; B-78 Page 14 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 e. Ensure the required traffic control is in compliance with the Manual on Uniform Traffic Control Devises, and any other applicable State or Local regulatory requirements; and that any deficiencies are immediately reported to the contractor, corrected by the contractor and reported to the City and then documented; f. Monitor and inspect all site activities and verify that all work is installed in accordance with the task order, immediately report non-compliance to the contractor and the City and then document accordingly; g. Identify all supplier documents/tickets needed to verify that materials delivered and/or installed are in compliance with plans, specifications, and bid sheet; collect and organize these documents into the project files and verify compliance; h. Complete daily inspection reports including narratives and photographs documenting contractor’s activities and progress, status of safety practices, status of environmental controls, weather conditions, labor force and equipment used, materials delivered, quantities installed, and issues that arose; i. Make sure that the repair locations are documented and included on the City’s GIS layer associated with the landslide roadway; j. Coordinate with the Program Manager, contractor, and City Staff as needed to resolve any issues that may arise during construction; k. Document inquiries and complaints from the public, immediately notify city staff, and develop feasible solutions to complaints as directed by city staff; l. Report and immediately document any non-compliance with task order requirements, unusual occurrences, or accidents occurring within the project limits to the Program Manager and City staff; m. Prepare comprehensive written construction correction lists during construction and coordinate close-out of all items prior to completion of construction task order work. D. Altamira Canyon Improvements Project 1) PLANNING AND CONCEPT DESIGN a. Serve as Project Manager for the City during for the current planning effort to develop the Project Study Report (PSR); b. Oversee the development of the critical path schedule; c. Conduct weekly meetings, prepare agenda, take notes, prepare minutes; d. Prepare weekly project status report; e. Schedule, develop, conduct and manage public information meetings, take and prepare meeting notes; f. Review consultant’s use of the ideas and comments from public information meetings that were included into the PSR by consultant; g. Review the draft PSR, provide comments; B-79 Page 15 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 h. Coordinate presentation of final draft PSR to City Council for selection of preferred alternative; i. Review any City Council required modifications to the final PSR. 2) ENVIRONMENTAL CLEARANCE a. Develop an RFP for the preparation of the environmental document for the project (anticipated to be an EIR); b. Provide Project Management for the work associated with development and finalization of the EIR, manage tasks for the EIR; c. Work with City Attorney in the preparation of agreements: d. Respond to consultant inquiries and provide prompt responses; e. Review all drafts of the EIR as they become available and coordinate review by city officials and staff; f. Facilitate publishing the Notice of Preparation and scoping meeting; g. Coordinate comments received from the public during the initial scoping meeting and public review period, during the draft and final EIR public review and comment periods; h. Facilitate publishing the draft EIR and associated documents; i. Coordinate EIR comments and oversee responses by the Consultant ; j. Oversee finalization of the EIR. Final Design and Procurement 1) GENERAL MANAGEMENT a. Develop Project Work Plan (on City form) to map out how project will go from current status to final completion; b. Prepare reports, deliver presentations, and lead meetings (prepare agendas and read-aheads, facilitate discussions, develop and distribute meeting minutes) to the City Council, City leadership team, and stakeholder groups; c. Submit weekly Project Status Report (on City form) to document: i. Project risks or issues that may impact scope, schedule, or budget ii. Current status iii. Prior week’s activities iv. Upcoming week’s activities v. Current schedule against baseline schedule vi. Current budget status against baseline budget vii. Contract authorization available, expiration date, and needed action . 2) SCHEDULE MANAGEMENT a. Prepare overall project schedule using Critical Path Method for inclusion Project Work Plan; b. Conduct regular design progress meetings and monitor progress compared to baseline schedule; update project schedule when needed and document reason for deviation from baseline; B-80 Page 16 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 c. Proactively identify schedule risk and develop recovery strategies to mitigate impact. 3) BUDGET MANAGEMENT a. Prepare overall project budget by phase for inclusion in Project Work Plan; b. Track actual costs and compare to budgeted amount; forecast ongoing resource needs and assesses sufficiency of remaining bud get; request additional budget when needed and provide justification; c. Proactively identify budget risk and develop recovery strategies to mitigate impact; d. Prepare Design Change Order/Contract Amendment packages (on City form) including narratives explaining circumstances leading to Change Order, cost analysis, and other supporting documentation; e. Review Pay Requests for accuracy and inclusion of all necessary information and recommend approval. 4) QUALITY MANAGEMENT a. Perform quality assurance review of all design submittals, check-sets, and bid documents; generally including plans, specifications, cost estimates, and other contract documents to assure: i. Plans and specifications meet all applicable standards ii. No errors, omissions, vague, or conflicting information iii. Engineering judgment is appropriately used iv. Assumptions are reasonable and valid v. Cost estimates are comprehensive, use most applicable units and prices, and apply suitable contingencies vi. Critical path method construction schedule provides the appropriate amount of time to complete construction as quickly as possible without increasing costs due to excessive schedule constraints b. Perform constructability review to ensure that design can be constructed within the known physical constraints; c. Perform value engineering and identify opportunities to improve design and reduce costs. 5) CONSTRUCTION MANAGEMENT a. Serve as City’s representative during construction and act as liaison between the City, the contractor, and the Engineer. A second point of contact shall be identified to act in the CM’s absence; b. Review and have a thorough understanding of the construction contract documents including but not limited to plans, specifications, bid sheet, special provisions, general conditions, schedule, etc; c. Oversee Construction Inspectors to assure that they are performing adequate inspection of the contractor’s work for compliance with the construction documents; B-81 Page 17 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 d. Conduct bi-weekly progress, and other necessary meetings; including preparing and distributing agendas, meeting minutes, and other necessary documentation; e. Review, comment on, and recommend acceptance of the contractor’s construction schedule. Ensure that the contractor stays on schedule. If the contractor is not progressing according to schedule, document delays and notify the City and the contractor. As directed by the City, develop strategies to mitigate delays, prepare notices to cure, and calculate liquidated damages; f. Review, comment on, and recommend approval of all submittals including shop drawings, samples, and testing reports; consulting with the Engineer when necessary; g. Review all Requests for Information and prepare responses through consultations with the Engineer when necessary; h. Periodically spot-check field inspection activities to ensure that inspection work is being done correctly both in terms of the level of inspection for specific activities as well as the method of inspection; i. Check that all Construction Inspector Daily Reports are produced in a timely fashion and include the appropriate amount and type of information; j. Collect and file electronic copies of materials tickets, testing reports, quality assurance checklists, and Daily Reports; k. Review all Proposed Change Orders, review justification for contract change, prepare data-driven independent cost estimates, and analyze schedule impacts. Recommend approval or rejection of Proposed Change Orders. For approved Change Orders, prepare necessary documentation (on City forms); l. Review all Pay Requests for accuracy of work completed and quantity installed, ensure that all pertinent information is included, and provide comments and recommendations for payment; m. Proactively identify and investigate any potential construction problems and recommend solutions; n. Immediately document any non-compliance with the construction contract, unusual occurrences, or accidents occurring within the project limits; o. Maintain comprehensive project files in electronic format that are easily accessible to City staff; including daily inspection reports, all t esting data, redline marked up plans, correspondence with contractor, engineer of record, City staff, and the public. All project files shall be organized in a folder structure and file naming convention that allows for easy identification of the topics and dates of all documents; p. Schedule and conduct walk-through inspection. Review comprehensive punch list prepared by Inspector for completeness, provide input and ensure close-out of all punch list items; q. In consultation with City staff, act as liaison between the City and the public/stakeholders concerning issues with construction. B-82 Page 18 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 6) CONSTRUCTION INSPECTION a. Serve as project inspector; b. Provide full-time construction inspection services for all activities that require inspection throughout the project; c. Review plans, specifications, bid sheet, special provisions, general conditions, schedule, and any other construction contract documents prior to the contractor performing scheduled work; maintain a thorough understanding of work to be performed. Coordinate daily with City staff and contractor on all construction activity and site matters; d. Inspect all aspects of the construction, site, and contractor’s work for safety measures. Check compliance with all State and Local regulatory requirements including but not limited to OSHA; immediately notify the contractor and report to the city all violations or near misses and then properly document them; e. Ensure that all Erosion and Sediment controls, and other environmental protections are in compliance with the contract documents as well as any applicable State and Local requirements; and that any deficiencies are immediately reported to the contractor and the City and then documented; f. Ensure any work requiring traffic control is in compliance with the approved traffic control plans, the Manual for Uniform Traffic Control Devices, and any other applicable State or Local regulatory requirements; and that any deficiencies are immediately reported to the contractor, corrected by the contractor and reported to the City and then documented; g. Perform and document results of Stormwater Pollution Prevention Plan compliance checks to ensure that the construction contractor is adequately performing all self-inspections and documenting results; h. Monitor and inspect all site activities and verify that all work is installed in accordance with plans, specifications, bid sheet, and is in compliance with the contract documents; immediately report non-compliance to the contractor and the City and then document accordingly; i. Identify all supplier documents/tickets needed to verify that materials delivered and/or installed are in compliance with plans, specifications, and bid sheet; collect and organize these documents into the project files and verify compliance; j. Ensure the contractor performs all necessary testing of installed materials in accordance with specifications, oversee the materials testing, collect all testing documents and record results, notify the contractor of non-satisfactory tests, report to the City and document accordingly; k. Complete daily inspection reports including narratives and photographs documenting contractor’s activities and progress, status of safety practices, status of environmental controls, weather conditions, labor force, equipment B-83 Page 19 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 used, materials delivered, quantities installed, issues that arose, and any test results received; l. Make sure that the contractor updates the redline set of plans at the construction site immediately as any items are adjusted in the field; m. Coordinate with the Project Manager, contractor, Engineer of Record, and City Staff as needed to resolve any issues that may arise during construction; n. Document inquiries and complaints from the public, immediately notify city staff, and develop feasible solutions to complaints as directed by city staff; o. Proactively identify and investigate any potential construction problems and recommend alternative solutions; p. Report and immediately document any non-compliance with the construction contract, unusual occurrences, or accidents occurring within the project limits to the City’s Project Manager; q. Schedule and conduct walk-through inspection. Prepare comprehensive written punch lists and coordinate close-out of all punch list items; r. In consultation with City staff and the Project Manager, act as a liaison between the City and the affected residents, businesses, etc. concerning issues with the construction and recommend solutions; 7) COORDINATION s. Coordinate with outside agencies to ensure that all permits are procured in a timely manner; t. Assist with bidder solicitation activities; u. Assist in the procurement of equipment and/or materials as needed; Consultant shall complete other tasks deemed necessary for the accomplishment of a complete and comprehensive outcome as described in the activities above. 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. If consultant identifies the need for any changes to the Scope of Work whatsoever, consultant shall inform the City and obtain written approval for the change before starting the scope change work. This requirement shall apply even if the change in scope does not affect the schedule or budget. DELIVERABLES A. Land Movement Monitoring As part of the Services, Consultant will prepare and deliver the following tangible work products to the City. 1. Attend kick off meeting 2. Land movement monitoring program 3. Monthly report (in PDF and with source data) with a map showing the surveyed locations along with graphic representation or table identifying the surveyed B-84 Page 20 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 locations and their associated coordinates, analysis is to include horizontal and vertical change from the prior month, and horizontal and vertical change for the year-to-date as a minimum 4. Meet with City staff monthly to discuss survey results 5. Annual presentation (including preparation of materials such as a report and PowerPoint presentation) to the City Council’s Landslide Subcommittee B. Portuguese Bend Landslide Mitigation Project As part of the Services, Consultant will prepare and deliver the following tangible work products to the City. 1. Comments on the Administrative Draft EIR and Final EIR and associated documents 2. Comment tracking spreadsheets 3. Project Work Plan (on City-provided form) 4. Weekly Project Status Report (on City-provided form) 5. Baseline project schedule 6. Project schedule markups and updates 7. Project schedule deviation memoranda 8. Baseline project budget 9. Design Change Order/Contract Amendment packages (on City-provided form) 10. Project budget markups and updates 11. Pay Request recommendations 12. 60% and 90% Construction Documents comments 13. Constructability Review comments 14. Value Engineering Review comments 15. Permit Documents comments 16. 100% Construction Documents comments 17. Construction Change Order package comments 18. Construction oversight documentation comments 19. Meeting agendas and minutes 20. Correspondence materials 21. Electronic project files 22. Weekly construction inspection reports 23. Any Reports of Contractor noncompliance or safety issues 24. Reports, memoranda, and presentation materials to the City Council, City’s leadership team, Public Works Director, and other stakeholders 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 record materials for service deliverables, and provide comments. Consultant is required to revise draft deliverables to address City staffs’ comments. B-85 Page 21 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 C. Landslide Roadway Management Program 1. Weekly roadway inspection reports (weekly) 2. On-going repair needs tracking log (monthly) 3. Task orders for repair work (as needed) 4. Meeting minutes from contractor meetings 5. Public notification of upcoming projects 6. Daily inspection reports during field repairs 7. Electronic project files 8. Daily and Construction activities reports 9. Final cost estimate of work 10. Reports of Contractor noncompliance or safety issues 11. Pay request recommendations D. Altamira Canyon Improvement Project As part of the Services, Consultant will prepare and deliver the following tangible work products to the City. 1. Weekly Project Status Report (on City-provided form) 2. Public Information Meeting materials and minutes 3. Environmental Clearance RFP 4. Project Work Plan (on City-provided form) 5. Comments on Initial Studies, Notice of Preparation, Administrative Draft EIR, Draft EIR, and Final EIR and associated documents 6. Comment tracking spreadsheets 7. Resource agency agreements 8. Final design RFP 9. Project Work Plan (on City-provided form) 10. Baseline project schedule 11. Project schedule markups and updates 12. Project schedule deviation memoranda 13. Baseline project budget 14. Design Change Order/Contract Amendment packages (on City-provided form) 15. Project budget markups and updates 16. Pay Request recommendations 17. 60% and 90% Construction Documents comments 18. Constructability Review comments 19. Value Engineering Review comments 20. Permit Documents comments 21. 100% Construction Documents comments 22. Construction Change Order package comments 23. Construction oversight documentation comments 24. Meeting agendas and minutes 25. Weekly construction inspection reports B-86 Page 22 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 26. Electronic project files 27. Correspondence materials 28. Reports, memoranda, and presentation materials to the City Council, City’s leadership team, Public Works Director, and other stakeholders 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 record materials for service deliverables, and provide comments. Consultant is required to revise draft deliverables to address City staffs’ comments. VII. PRELIMINARY PROJECT SCHEDULE 1. RFP Schedule The following is the anticipated schedule for the RFP process: Request for Proposal available August 26, 2021 Request for Clarification due September 16, 2021 Proposals due September 28, 2021 Anticipated Notice of Award October 18, 2021 2. Anticipated Project Schedules A. Landslide Movement Monitoring Kick-off meeting November 1, 2021 Survey project begins November 8, 2021 First monthly report due December 1, 2021 Subsequent monthly reports due First Monday of each month B. Portuguese Bend Landslide Movement Mitigation Project Kick-off-meeting October 26, 2021 Coordination Meeting with consultant November 1, 2021 C. Landslide Roadway Management Program Kick-off-meeting October 26, 2021 Roadway Inspections Begin Nov 1, 2021 Frist weekly report due November8, 2021 D. Altamira Canyon Improvements Project Kick-off-meeting November 2, 2021 Coordination Meeting with consultant November 4, 2021 B-87 Page 23 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 Please note that these schedules are 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. VIII. 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 Ron Dragoo, Principal Engineer at rond@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, 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 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 B-88 Page 24 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 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 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 B-89 Page 25 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 proposal being in compliance with all aspects of the RFP and in agreement with all provisions of the PSA. (No more than one page) IX. 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 September 16, 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. X. EVALUATIONS AND SELECTION PROCESS 1. Proposals Will be Evaluated Based on the Following Criteria: a) Approach to Scope of Services (35%) • 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) Staff Qualifications and Experience (35%) • 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 c) 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 B-90 Page 26 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 • Appropriate communication and reporting relationships to meet the City’s needs d) Quality Control (15%) • 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. These top firms may then be invited to make a (virtual) presentation to the evaluation panel, at no costs to the City. The panel will select the proposal, if any, which best fulfills the City’s requirements. The City will then further refine the scope and schedule with that firm and request a 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, 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. B-91 Page 27 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 ATTACHMENTS B-92 Page 28 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 Attachment A Project Area Map B-93 Page 29 of 29 City of Rancho Palos Verdes RFP- Landslide Program Manager August 26, 2021 Attachment B Sample Professional Services Agreement B-94 CITY FUNDS SUMMARYGENERAL FUND SUMMARYAPPENDIX BUDGET PROGRAMSBUDGET OVERVIEW376 Capital Improvement Program City of Rancho Palos Verdes | Adopted Budget 2021-2022 8300 Series Portuguese Bend Landslide Projects Project Code: 8304 Portuguese Bend Landslide Remediation Based on current council direction, this project is intended to evaluate and analyze the portuguese Bend landslide and engineer solutions to slow or minimize the land movement, and includes: - Infilling fractures (phase I) - Installing/refurbishing drainage pipe, new surface swales and a flow reductions area (phase II) - (potentially) Installing Hydraugers (dewatering devices – phase III) phases of construction may be modified based on alternatives selected from final eIR. Current proposed funding only includes phases I and II, but funding may be redirected depending on selected alternatives. Project Cost Estimates prior FYs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY tBd Totals planning $-$100,000 $100,000 $100,000 tBd tBd tBd tBd engineering $369,765 $850,000 $25,000 $50,000 tBd tBd tBd tBd environmental $266,000 $50,000 $45,000 $5,000 tBd tBd tBd tBd Management $-$75,000 $100,000 $250,000 tBd tBd tBd tBd Construction $-$-$525,000 $3,650,000 tBd tBd tBd tBd Contingency $-$-$125,000 $900,000 tBd tBd tBd tBd Inspection $-$-$50,000 $175,000 tBd tBd tBd tBd $635,765 $1,075,000 $970,000 $5,130,000 tBd tBd tBd TBD Funding 220 (Meas. R)$635,765 $-$110,000 $175,000 tBd tBd tBd tBd 330 (CIp)$-$1,075,000 $65,000 $-tBd tBd tBd tBd 331 (Federal Grant)$-$-$795,000 $4,955,000 tBd tBd tBd tBd $635,765 $1,075,000 $970,000 $5,130,000 TBD TBD TBD TBD estimated annual operating cost to Be determined Estimated Schedule: phase I engineering in Fiscal Year 2021-22. phase I Construction in Fiscal Year 2022-23. phase II engineering in Fiscal Year 2022-23. phase II Construction in Fiscal Year 2023-24. Project Location Map Background and Justification: the landslide in the portuguese Bend area creates a number of challenges for the City and the community, including damage to the palos Verdes drive South roadway and moving of public and private properties, including homes. the completion of this project will help minimize movement in the landslide, thereby minimizing potential impacts to the surrounding environment including marine life in the event the existing above-ground sewer lines are damaged. It will also minimize damage to public and private properties, including the roadway, and will alleviate the need for the Annual portuguese Bend Landslide Area Resurfacing program. Work will be coordinated with all applicable local, State and Federal agencies, including the California Coastal Commission and palos Verdes peninsula Land Conservancy (pVpLC). B-95 CITY FUNDS SUMMARYGENERAL FUND SUMMARYAPPENDIX BUDGET PROGRAMSBUDGET OVERVIEWCity of Rancho Palos Verdes | Adopted Budget 2021-2022 Capital Improvement Program 375 8300 Series Portuguese Bend Landslide Projects Project Code: 8302 Palos Verdes Drive South Landslide Area Resurfacing Program this project is intended to repair and maintain palos Verdes drive South through the Landslide and consists of: - repairing and maintaining the asphalt roadway - repairing and maintaining storm drain lines - repairing and maintaining curbs and gutters - installing and maintaining signs and roadway striping Project Cost Estimates prior FYs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY tBd Totals planning N/A $-$-$-$-$-tBd $- engineering N/A $20,000 $20,000 $20,000 $20,000 $25,000 tBd $105,000 environmental N/A $-$-$-$-$-tBd $- Management N/A $-$-$-$-$-tBd $- Construction N/A $650,000 $670,000 $690,000 $710,000 $730,000 tBd $3,450,000 Contingency N/A $-$-$-$-$-tBd $- Inspection N/A $20,000 $20,000 $20,000 $20,000 $25,000 tBd $105,000 N/A $690,000 $710,000 $730,000 $750,000 $780,000 tBd $3,660,000 Funding 215 (prop. C)N/A $690,000 $710,000 $730,000 $750,000 $780,000 tBd $3,660,000 N/A $690,000 $710,000 $730,000 $750,000 $780,000 TBD $3,660,000 estimated annual operating cost None Estimated Schedule: Routine resurfacing occurs in response to damage caused by the portuguese Bend Landslide, and is an annual budget item (Fiscal Years 2021-22, 2022-23, 2023-24, 2024-25 and 2025-26 are shown here). Project Location Map Background and Justification: the City is required to properly maintain the roadway; performing repairs, resurfacing and patching to mitigate impacts to the traveling public caused by the land movement in this area. the program is expected to continue until landslide movement in this area can be slowed. Work is performed an as-needed basis, and weekly inspection of the landslide is required to discover and repair defects in a timely fashion. B-96 CITY FUNDS SUMMARYGENERAL FUND SUMMARYAPPENDIX BUDGET PROGRAMSBUDGET OVERVIEW394 Capital Improvement Program City of Rancho Palos Verdes | Adopted Budget 2021-2022 8700 Series Storm Water System Improvements Project Code: 8708 Altamira Canyon Improvements (Erosion) this project is intended to prevent further erosion, and consists of: phase 1 - Reviewing a previous study of a portion of the water shed - performing an engineering analysis of the entire Altamira Canyon and its tributaries - establishing a priority for improvements phase 2 - preparing detailed plans for mitigation measures phase 3 - Constructing of the mitigation measures Project Cost Estimates prior FYs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY tBd Totals planning $280,000 $-tBd tBd tBd tBd tBd tBd engineering $-$-tBd tBd tBd tBd tBd tBd environmental $-$-tBd tBd tBd tBd tBd tBd Management $-$-tBd tBd tBd tBd tBd tBd Construction $-$-tBd tBd tBd tBd tBd tBd Contingency $-$-tBd tBd tBd tBd tBd tBd Inspection $-$-tBd tBd tBd tBd tBd tBd $280,000 $-tBd tBd tBd tBd tBd TBD Funding 330 (CIp)$280,000 $-tBd tBd tBd tBd tBd tBd $280,000 $-TBD TBD TBD TBD TBD TBD estimated annual operating cost to Be determined Estimated Schedule: planning in FY 2021-22 engineering and Construction to be determined Project Location Map Background and Justification: the canyon has been eroding for the last several years this study is needed to identify measures to mitigate the erosion of the Altamira Canyon and control the water runoff percolating into the soil. B-97 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and HOUT CONSTRUCTION SERVICES, INC. 01203.0001/699503.1 EQG 1 C-1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND HOUT CONSTRUCTION SERVICES, INC. THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on February 15, 2022, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and HOUT CONSTRUCTION SERVICES, INC., a California corporation, d/b/a/ HOUT ENGINEERING ("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 01203 0001/699503 1 EQG C-2 intended For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances 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 01203 0001/699503 1 EQG 2 C-3 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 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 1'V2 (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 " 01203 0001/699503 1 EQG 3 C-4 Consultant's Authorized Initials S h- 14 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 01203 0001/699503 1 EQG 4 C-5 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 012030001/699503 1 EQG 5 C-6 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 $499,699 20 (Four Hundred Ninety-Nine Thousand and six hundred and ninety nine 20/100 Dollars) (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 01203 0001/699503 1 EQG 6 C-7 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 Mateure. 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 01203 0001/699503 1 EQG 7 C-8 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 1 year 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 Sam Hout CEO Name) Title) Adam Hout Vice President 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 01203 0001/699503 1 EQG 8 C-9 agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees Consultant expressly waives any claim Consultant may have to any such rights 4 3 Contract Officer. The Contract Officer shall be Ron Dragoo, Principal Engineer or 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 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 01203 0001/699)03 1 EQG 9 C-10 ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City a) General liability insurance Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage The policy must include contractual liability that has not been amended Any endorsement restricting standard ISO "insured contract" language will not be accepted b) Automobile liability insurance Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident c) Professional liability (errors & omissions) insurance Consultant shall maintain professional liability insurance that covers the Services to be performed in connection 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 01203 0001/699503 1 EQG 10 C-11 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 pnmary 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 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 012030001/699503 1 EQ 1 1 1 C-12 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 I) 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 I) 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 01203 0001/699503 1 EQG 12 C-13 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 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 01203 0001/699503 1 EQG 13 C-14 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 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 01203 0001/699503 1 EQG 14 C-15 Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment Consultant may retain copies of such documents for its own use Consultant shall have the right to use the concepts embodied therein All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U S C § 101, such documents and materials are hereby deemed "works made for hire" for the City 6 4 Confidentiality and Release of Information. a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement Response to a subpoena or court order shall not be considered "voluntary ' provided Consultant gives City notice of such court order or subpoena c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City 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 01203 0001/699503 1 EQG 15 C-16 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 penod 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 01203 0001/699503 1 EQG 16 C-17 provision or a waiver of any subsequent breach or violation of any provision of this Agreement Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement 7.5 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq and 910 et seq , in order to pursue a legal action under this Agreement 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer 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 01203 0001/699503 1 EQG 17 C-18 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 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 01203 0001/699503 1 EQG 18 C-19 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 el 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 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 01203 0001/699503 1 EQG 19 C-20 9.4 Integration, Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid Judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation The determination of financial interest" shall be consistent with State law and shall not include interests found to be remote" or "nomnterests" 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 $1-k 6- 01203 0001/699503 1 EQG 20 C-21 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, (u) 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 entenng into this Agreement does not violate any provision of any other Agreement to which said party is bound This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties SIGNATURES ON FOLLOWING PAGE] 01203 0001/699503 1 EQG 21 C-22 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 al corporation 440"11, 4IP David L Bradley, Mayor ATTEST Ta aoka, City Clerk APPROVED AS TO FORM ALESHIRE & WYNDER, LLP c)d 41A 4 William W Wynder, City Attorney CONSULTANT Hout Construction Services, Inc By Name Sam Hout Title CEO By Name Adam Hout Title Vice President Address 20250 SW Acacia Street, #150 Newport Beach, CA 92660 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups 1) Chairman of the Board, President or any Vice President, and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY 01203 0001/699503 1 EQG 22 C-23 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 David L Bradley, Mayor ATTEST: Thresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W Wynder, City Attorney CONSULTANT: Hout Construction Services, Inc. By Ok"....— k_,\_\,..._,,,„()S- - Name Sam Ho Title CEO By Name A a am Hout Title Vice President Address 20250 SW Acacia Street, #150 Newport Beach, CA 92660 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups 1) Chairman of the Board, President or any Vice President, and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY 01203 0001/699503 1 EQG 22 C-24 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On fgbiti 6-7/1,Z before me, Sommar Leigh Benson insert name and title of the officer) personally appeared ,c,a rl/1 #L11--- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 so,44. LEIGH BENSON WITNESS my hand and official seal Notary Public California Orange County Commisswn 0 2291732 My Comm Exp r s Jun 7 2023 Signature ` Seal) C-25 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On /,eh Mt ZOZ2 before me, Sommar Leigh Benson insert name and title of the officer) personally appeared j4 SLI who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 CabtorSOMMAR LEIGH BENSON Notary Public ma : Orange County is Commission 12291732 My Comm Expires Jun 7 2023 Signature Seal) 7 C-26 EXHIBIT "A" SCOPE OF SERVICES Task 1 Landslide Monitoring(No Field Survey) Evaluate Existing Monitoring Recommend Optimal Location, Frequency, and Method for Overall Monitoring, inclusive of Palos Verdes Drive South Recommend Report Format to Share with Council/Public Provide Estimate for On-going Monitoring and Reporting Develop Staff Reports and Presentation Material for the Monitoring Program As Needed Attend City Council and Committee Meetings As Needed Project Management, Technical Assistance, and Support Services As Needed by the City Such other monitoring tasks as may be assigned by City's Contract Officer from time-to- time Task 2 Portuguese Bend Landslide Remediation A. Environmental Impact Report Management Assist the City With Day-To-Day Project Management of EIR Consultant Perform Peer Review of Draft/Final EIR Coordinate Chamber's Group Responses Manage Chamber's Group to Stay On Task - SOW/Cost and Schedule Oversee and Assist City in Finalizing the EIR Develop Staff Reports and Presentation Material Attend City Council and Committee Meetings Project Management, Technical Assistance, and Support Services As Needed by the City Such other remediation tasks as may be assigned by City's Contract Officer from time-to- time B. Remediation Design Peer Review and Next Steps Perform Peer Review of DB Stevens/Geologic Design Work and Provide Comments Develop "Plan of Action" and Critical Path Schedule Cost Estimating Assist City to Move Project From Current Status to Construction Develop Staff Reports and Presentation Materials Attend City Council/Committee Meetings Provide Grant Application and Administration Services Project Management, Technical Assistance, and Support Services As Needed by the City Such other remediation design review tasks as may be assigned by City's Contract Officer from time-to-time 01203 0001/699503 1 EQG A-1 C-27 Task 3 Palos Verdes Drive South Roadway Repair Management Provide Recommendations on Inspection and Record Keeping Policies Inspect PVDS in the Landslide Area Weekly and Closely Coordinate with Stakeholders/Utilities Document Inspection Findings - Report and Pictures Prepare Recommendations for Repair—up to 6 Instance of Repairs Annually Prepare and Procure On-Call Construction Contractor Provide Cost Estimates and Utilize On-Call Construction Contractor to Perform Repairs Manage Construction Contractor—up to 6 Instances of Repairs Annually Perform Comprehensive PM/CM and Inspection Services for up to 6 Repairs Annually Such other roadway repair management tasks as may be assigned by City's Contract Officer from time-to-time Task 4 Altamira Canyon Perform Peer Review of Harris and Associates Work Develop Action Plan and Critical Path Schedule to Move Project From Current Status to Construction Develop Staff Reports and Presentation Material Attend City Council/Committee Meetings Provide Grant Application and Administration Services 01203 0001/699503 1 EQG A-2 C-28 EXHIBIT "B" SPECIAL REQUIREMENTS Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in s#rlethfettgli B-1 The parties agree that none of the services to be provided by Consultant will involve the performance of any "public work" within the meaning of California law Accordingly, City hereby waive the provisions of Section 1 4(c) of the Agreement B-2 Consultant warrants and represents that no apprentices will be utilized in the performance of the Scope of Services in Exhibit "A " In light of the same City hereby waives the provisions of Section 1 4(e) of the Agreement 01203 0001/699503 1 EQG B-1 C-29 EXHIBIT "C" SCHEDULE OF COMPENSATION COMPENSATION SHALL BE ON A TIME AND MATERIALS BASIS AT THE REQUEST OF THE CITY IN ACCORDANCE WITH THE RATES BELOW AND NOT TO EXCEED THE AMOUNT OF EACH TASK WITHOUT PRIOR AUTHORIZATION Task 1 Landslide Monitoring(No Field Survey) STAFF Sam Hout Adam Jayme Chris Tim Survey Kurt Ron Total Hout Fairfield Rideout Connors Manager Yoshi!Hallum Total 60 30 30 30 24 72 30 90 366 Estimated Hours Billing 275 14 $163 43 $106 74 $264 00 $230 00 $197 00 $195 00 $195 00 Rate hour) Budgeted $16,508 40 $4,902 90 $3,202 20 7,920 00 $5,520 00 $14,184 00 $5,850 00 $17,550 00 $75,637 50 Cost Task 2 Portuguese Bend Landslide Remediation A. Environmental Impact Report Management STAFF Sam Hout Adam Hout Jayme Chris Deborah Christina Total Fairfield Rideout Pracilio Maxwell Total Estimated 45 45 45 45 90 180 450 Hours Billing Rate 275 14 $163 43 $106 74 $264 00 270 00 160 00 hour) Budgeted Cost $12,381 30 $7,354 35 $4,803 30 $11,880 00 $24,300 00 $28,800 00 $89,518 95 01203 0001/699503 1 EQG C-C-30 B. Remediation Design,Peer Review and Next Steps Staff Sam Hout Adam Bnanna Jayme Chris Kurt Yoshi' I Ron Total Hout Arquette Fairfield Rideout Hallum Total 90 45 90 45 45 90 135 540 Estimated Hours Billing $275 14 $163 43 $120 68 $106 74 $264 00 $195 00 $195 00 Rate hour) Budgeted $24,762 60 $7,354 35 $10,861 20 $4,803 30 $11,880 00 $17,550 00 $26,325 00 $103,536 45 Cost Task 3 Palos Verdes Drive South Roadway Repair Management Staff Sam Hout Adam Emily Yu Brianna Jayme Chris Tim Kurt Ron Total Hout Arquette Fairfield Rideout Connors Total 60 60 60 240 120 60 120 60 120 900 Estimated Hours Billing $275 14 $163 43 $163 43 $120 68 $106 74 5264 00 $230 00 $195 00 $195 00 Rate hour) Budgeted $16,508 40 $9,805 80 $9,805 80 $ 28,963 20 $12 808 80 $15 840 00 $27 600 00 $11,700 00 $23 400 00 $156,432 00 Cost Task 4 Altamira Canyon Staff Sam Hout I Adam Brianna Javme Chris Tim Deborah Christina Kurt Ron Total Hout Arquette Fairfield Rideout Connors Pracilio Maxwell Yoshi Hallum Total 60 30 60 30 30 30 24 90 18 18 390 Estimated Hours Billm 5275 14 $163 43 $120 68 $106 74 $264 00 $230 00 $270 00 $160 00 $195 00 5195 00 Rate 1$/hourl BudReted $16,508 40 $4,902 90 $7,240 80 $3,202 20 $7,920 00 $6,900 00 56,480 00 $14,400 00 $3,510 00 $3,510 00 $74,574 30 Cost 01203 0001/69D03 I EQG C-2 C-31 EXHIBIT "D" SCHEDULE OF PERFORMANCE Task 1 Landslide Monitoring(No Field Survey) Complete all work associated with Task 1 as described in Exhibit A, Scope of Services within 6 months of notice to proceed for this task Task 2 Portuguese Bend Landslide Remediation A. Environmental Impact Report Management Complete all work associated with Task 2A as described in Exhibit A, Scope of Services within 9 months of notice to proceed for this task B. Remediation Design Peer Review and Next Steps Complete all work associated with Task 2B as described in Exhibit A, Scope of Services within 9 months of notice to proceed for this task Task 3 Palos Verdes Drive South Roadway Repair Management Complete all work associated with Task 3 as described in Exhibit A, Scope of Services within 12 months of notice to proceed for this task Task 4 Altamira Canyon Complete all work associated with Task 4 as described in Exhibit A, Scope of Services within 6 months of notice to proceed for this task 01203 0001/699503 1 EQG D-1 C-32 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |1 Project Information Report Number 008 Report Date Range 10/10/22 to 10/21/22 Agreement Number 8302 Project Name Palos Verdes Dr. South Inspections Project Street Address Palos Verdes Dr. S, Palos Verdes CA, 90275 Location of Where Photos are Saved CONTENTS Key MAP .................................................................................................................................................................................. 2 Summary of Critical Areas ....................................................................................................................................................... 2 Resident Engineer’s Inspection Report – Zone 1 .................................................................................................................... 3 Resident Engineer’s Inspection Report – Zone 2 .................................................................................................................... 5 Resident Engineer’s Inspection Report – Zone 3 .................................................................................................................... 7 Resident Engineer’s Inspection Report – Zone 4 .................................................................................................................... 9 Resident Engineer’s Inspection Report – Zone 5 .................................................................................................................. 11 D-1 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |2 KEY MAP SUMMARY OF CRITICAL AREAS ZONE # Issues Observed: Estimated Location of issue: Repair Recommendations: D-2 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |3 RESIDENT ENGINEER’S INSPECTION REPORT – ZONE 1 Project Engineer on Site Brianna Arquette Time on Site 2:00 PM (10/19/22) Time Left Site 3:00 PM (10/19/22) Weather Sunny, high 80s Zone boundaries Wayfarer’s Chapel to Narcissa Dr. Repair Priority Level Key: Red = High priority Yellow = Medium priority, cracking Green = Low priority, minor cracking/dipping Eastbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1E No new issues D-3 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |4 Westbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1W No new issues found Pictures: # Issues Observed: D-4 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |5 RESIDENT ENGINEER’S INSPECTION REPORT – ZONE 2 Project Engineer on Site Brianna Arquette Time on Site 2:00 PM (10/19/22) Time Left Site 3:00 PM (10/19/22) Weather Sunny, high 80s Zone Boundaries Narcissa Dr. to Peppertree Dr. Repair Priority Level Key: Red = High priority Yellow = Medium priority, cracking Green = Low priority, minor cracking/dipping Eastbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1E No new issues: the ski jump issue in the last report has not changed D-5 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |6 Westbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1W No new issues: the ski jump issue in the last report has not changed Pictures: # Issues Observed: 1E back 1W back D-6 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |7 RESIDENT ENGINEER’S INSPECTION REPORT – ZONE 3 Project Engineer on Site Brianna Arquette Time on Site 2:00 PM (10/19/22) Time Left Site 3:00 PM (10/19/22) Weather Sunny, high 80s Zone Boundaries Peppertree Dr. to South Bay Archery Club (SBAC) entrance Driveway Repair Priority Level Key: Red = High priority Yellow = Medium priority, cracking Green = Low priority, minor cracking/dipping Eastbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1E No new issues found D-7 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |8 Westbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1W No issues observed Pictures: # Issues Observed: D-8 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |9 RESIDENT ENGINEER’S INSPECTION REPORT – ZONE 4 Project Engineer on Site Brianna Arquette Time on Site 8:30 AM (10/14/22) Time Left Site 10:30 AM (10/14/22) Weather Cloudy, 65 Zone Boundaries South Bay Archery (SBAC) entrance driveway to the Area formally known as Gateway Park Repair Priority Level Key: Red = High priority Yellow = Medium priority, cracking Green = Low priority, minor cracking/dipping Eastbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1E No new issues found Westbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1W No new issues found in WB lane D-9 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |10 Pictures: # Issues Observed: D-10 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |11 RESIDENT ENGINEER’S INSPECTION REPORT – ZONE 5 Project Engineer on Site Brianna Arquette Time on Site 8:30 AM (10/14/22) Time Left Site 10:30 AM (10/14/22) Weather Cloudy, 65 Zone Boundaries Area formally known as Gateway Park to Schooner Dr. Repair Priority Level Key: Red = High priority Yellow = Medium priority, cracking Green = Low priority, minor cracking/dipping Eastbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1E No issues observed D-11 Palos Verdes Drive South Roadway Landslide Inspection Report Brianna Arquette, HCS |12 Westbound Palos Verdes Drive South: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1W No issues observed Seaview Neighborhood: # Issues Observed: Estimated Location of issue: Repair Recommendations: 1SV No issues observed Pictures: # Issues Observed: D-12 Hout Construction Services Team HCS Senior Principal Project Manager - Sam Hout $250.00 100 $25,000.00 $250.00 240 $60,000.00 Project Controls Manager - Adam Hout $178.84 50 $8,942.00 $184.21 120 $22,104.62 Associate Project Manager - Emily Yu $163.43 50 $8,171.50 $168.33 120 $20,199.95 Project Engineer - Brianna Arquette $120.68 250 $30,170.00 $124.30 600 $74,580.24 Assistant Project Manager - Jayme Fairfield $120.68 50 $6,034.00 $124.30 120 $14,916.05 Total 500 $78,317.50 Total 1200 $191,800.86 Additional Support Services Field Inspections - Ninyo & Moore Allowance LS HCS Total $270,118.36 Additional Total $15,000.00 Total $285,118.36 Assumptions Sam Hout's rate of $250.00 is excluded from escalation until July 1, 2024 All other HCS staff rates escalate by 3% starting on July 1, 2023 City of Rancho Palos Verdes - Palos Verdes Drive South PRICE SUMMARY SHEET - CONTRACT EXTENSION SCHEDULE OF FEES Billing Rate ($/Hour)Hours July 1, 2023- June 30, 2024Classification with Firm Billing Rate ($/Hour)Hours February 16, 2023- June 30, 2023 $15,000.00 E-1