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CC SR 20240116 O - Peacock Ridge Rd Drainage Engineering PSA Award CITY COUNCIL MEETING DATE: 01/16/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to award a professional services agreement to BKF Engineers for engineering and support services for the Storm Drain Improvements at Peacock Ridge Road Project. RECOMMENDED COUNCIL ACTION: (1) Award professional services agreement to BKF Engineers for engineering and support services for the Storm Drain Improvements at Peacock Ridge Road Project in the amount of $37,048 with a 15% contingency of $5,557; and (2) Authorize the Mayor to execute the agreement in a form approved by the City Attorney. FISCAL IMPACT: The recommended Council action will result in an expenditure not - to-exceed $42,605. This amount is included in the FY 2023-24 Adopted Budget. Amount Budgeted: $50,000 Additional Appropriation: N/A Account Number(s): [330-400-8723-8001] [CIP Fund – Storm Drain Improvements – Prof/Tech] VR ORIGINATED BY: Jeremiah H. Sunwoo, Associate Engineer REVIEWED BY: Ramzi Awwad, Director of Public Works APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Professional Services Agreement with BKF Engineers (page A -1) B. Request for Proposals for Storm Drain Improvements at Peacock Ridge Project (page B-1) C. Proposal from BKF Engineers (page C-1) D. CIP Project Budget Sheet for Storm Drain Improvements at Peacock Ridge Project (page D-1) BACKGROUND: 1 The Fiscal Year (FY) 2023-24 Capital Improvement Program (CIP) includes funding for the Peacock Ridge Road Drainage Improvements Project (Attachment D). The existing 12-inch storm drain situated within a cul-de-sac in the 5900 block of Peacock Ridge Road collects runoff from Peacock Ridge Road and channels it downstream onto Scotmist Drive, south of Peacock Ridge Road. The segment of storm drain that connects Peacock Ridge Road to Scotmist Drive is approximately 150 linear feet. Based on initial investigation by the City, the lower pipe segment has collapsed and is no longer effectively managing runoff on Peacock Ridge Road, as shown in Figure 1. On November 1, 2023, Staff advertised a request for proposals (RFP) for engineering and support services for the project. The scope of services generally includes the following and is more thoroughly described in the attached RFP (Attachment B). • Review of existing records and data • Preparation of topographic and boundary survey • Preparation of hydrologic and hydraulic analysis • Development of construction plans, specifications, and cost estimates • Support of bidding and construction Proposals were received from two firms (BKF Engineers and NV5) by the RFP deadline, and an evaluation panel of three Staff members ranked the proposals as follows: PEACOCK RIDGE DRAINAGE IMPROVEMENTS: Aggregated Proposal Scoring Matrix BKF NV5 Criteria Value Raw Score* Final Score Raw Score* Final Score Approach to Scope of Services 20% 8.5 1.70 6.5 1.30 Proposal Schedule 10% 9.5 0.95 5.5 0.55 Staff Qualifications & Experience 40% 8.5 3.40 9.5 3.80 Organization & Staffing 15% 9.0 1.35 10 1.50 Quality Control 15% 8.0 1.20 8.5 1.28 Totals 100% 8.600 8.425 * The raw scores are selected from a range of 1 to 10 and the final score represents the weighted score based on the value (%) for each of the criteria. Figure 1: Photograph of localized flooding at the inlet at the side located on 5900 block of Peacock Ridge Road 2 Staff negotiated a fee proposal and refined scope with the top ranked firm, BKF Engineers. Attached for City Council consideration is a professional services agreement with BKF Engineers (Attachment A). The project schedule anticipates starting the work included in the scope of this agreement in January 2024 and completing the work in June 2024. CONCLUSION: Staff therefore recommends awarding a professional services agreement (Attachment A) to BKF Engineers for engineering and support services for the Storm Drain Improvements at Peacock Ridge Road Project in the amount of $37,048 with a 15% contingency of $5,557. ALTERNATIVES: In addition to Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Do not award a professional services agreement BKF Engineers and direct Staff to re-solicit proposals; or 2. Take other action, as deemed appropriate. 3 1 01203.0006/950140.3 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and BKF ENGINEERS A-1 01203.0006/950140.3 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND BKF ENGINEERS THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into on January 16, 2023, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation (“City”) and BKF ENGINEERS, a California Corporation (“Consultant” or “BKF”). 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 Pr oposals, 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 A-2 2 01203.0006/950140.3 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, Consultan t 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. A-3 3 01203.0006/950140.3 (c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for 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 Workday. 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: A-4 4 01203.0006/950140.3 “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials (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, A-5 5 01203.0006/950140.3 plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsibl e 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 Services, the Contractor becomes aware of material defects in the Scope of Work, duration, or span of the Services, or the Contractor becomes aware of extenuating circumstance that will or could prevent the completion of the Services, on time or on budget, the Contractor shall inform the City’s Contract 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. A-6 6 01203.0006/950140.3 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 $37,408 (thirty seven thousand four hundred eight dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. 2.2 Method of Compensation. (a) 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. (b) A retention of 10% shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory and timely completion of services. This retention shall not apply for on-call agreements for continuous services or for agreements for scheduled routine maintenance of City property or City facilities. 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 su bmitting 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. A-7 7 01203.0006/950140.3 City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. 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 60 (sixty) 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 ex tent 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 A-8 8 01203.0006/950140.3 this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one year. Consultant shall comply with 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: Chris Rideout Principal in Charge_ (Name) (Title) Roger Chung Project Manager (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 A-9 9 01203.0006/950140.3 any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Jeremiah H. Sunwoo, Associate 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 sel ection, 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. A-10 10 01203.0006/950140.3 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 A-11 11 01203.0006/950140.3 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 A-12 12 01203.0006/950140.3 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. A-13 13 01203.0006/950140.3 (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: 1. 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; 2. 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; 3. 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 A-14 14 01203.0006/950140.3 indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant ’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in 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. A-15 15 01203.0006/950140.3 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall hav e 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 A-16 16 01203.0006/950140.3 provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is 15 (fifteen) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. 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 i n 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. A-17 17 01203.0006/950140.3 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. 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. A-18 18 01203.0006/950140.3 7.8 Termination for Default of Party. If termination is due to the failure of the other Party to fulfill its obligations under this Agreement: (a) City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. (b) Consultant may, after compliance with the provisions of Section 7.2, terminate the Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to payment for all work performed up to the date of termination. 7.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. 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. A-19 19 01203.0006/950140.3 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 t o the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City o f 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. A-20 20 01203.0006/950140.3 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or 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 i nterests 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, A-21 21 01203.0006/950140.3 consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] A-22 22 01203.0006/950140.3 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 John Cruikshank, Mayor ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Elena Q. Gerli, City Attorney CONSULTANT: By: Name: Title: By: Name: Title: Address: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. A-23 01203.0006/950140.3 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2023 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 OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_ DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE A-24 01203.0006/950140.3 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2023 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 OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE A-25 A-1 01203.0006/950140.3 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform engineering services to assess the existing storm drain, provided hydrologic and hydraulic review, develop construction documents for necessary improvements, and provide engineering support for bidding and construction for the Storm Drain Improvements at Peacock Ridge Road Project as further detailed below. The existing 12-inch storm drain situated within a cul-de-sac on the 5900 block of Peacock Ridge Road collects runoff from Peacock Ridge Road and channels it downstream onto Scotmist Drive, south of Peacock Ridge Road. The segment of storm drain that connects Peacock Ridge Road is approximately 140 linear feet in length. Based on an initial investigation by the City, the part of the storm drain has completely collapsed and is no longer effectively managing runoff on Peacock Ridge Road. The project is to make the necessary improvements for proper drainage of Peacock Ridge Road. 1. Collect and Review Existing Information This task provides for the collection and review of existing information to be provided by the City. This information may include as-built improvement plans, hydrology reports, tract maps, GIS -based topographic mapping, CCTV video, and other relevant information. BKF will review the acquired information and will use it as applicable during the progression of the Project. BKF will also perform a field review of the storm drain alignment and easement area. BKF will work with the City to determine the best approach to gaining access to the affected private properties. Features that could be critical to the design will be observed and noted. 2. Field Survey and Field Review BKF will perform a field survey of the existing ground and facilities located in and around the Project to a distance of 20 feet centered on the existing storm drain alignment. The survey will begin within the Peacock Ridge Road right of way and continue downstream along the easement into the Scotsmith Drive right of way. The survey will also record the location and elevation of significant planimetric features such as existing trees, irrigation features, other ground cover, utility manholes, curb openings, fence lines, walls, utility boxes, etc. The data collected from the survey will be used to prepare a base map of the existing ground surface along the Project alignment. 3. Hydrology and Hydraulics Study BKF will perform a series of hydrology and hydraulic studies and analyses in support of the proposed storm drain improvements. At the conclusion of this work a hydrology and hydraulic Design Memorandum will be prepared for review and approval by the City. The final Design Memorandum will be stamped and signed by a registered engineer licensed in the State of California. A-26 A-2 01203.0006/950140.3 BKF will delineate the watershed tributary to project inlet to determine the 10-, 25-, and 50-year peak flow rates in Peacock Ridge Road. The hydrology study will be performed in accordance with the Los Angeles County Hydrology Manual procedures. The hydrology study will also include the preparation of a hydrology map that will depict watershed areas, flow concentration points, nodal elevations, and flow path lengths. The peak flow rates that are computed as a part of the study will be included on the final hydrology map. BKF will prepare a hydraulic model of the proposed storm drain. The hydraulic models of storm drain conveyance will be based on as-built, surveyed, and proposed storm drain configurations. They will use the Water Surface Profile Gradient (WSPG) software. 4. 90%-Level Plans, Specifications and Estimates This task provides for the preparation of plans, specifications, and cost estimates for the proposed storm drain improvements. It is anticipated that two (2) sheets of plans will be required for the final plan set including a Title Sheet with General Notes and a combined Plan, Profile, and Detail Sheet. The plans will be prepared on 24” x 36”, standard City Titleblock sheets. This task also includes the preparation of the technical specifications in accordance with standard city format. The technical specifications will include specifications pertaining to the material and workmanship required for the various items related to the Project components based on the latest edition of the Standard Specifications for Public Works Construction (Greenbook 2021 Edition). The technical specifications will include a bid sheet of work items and their estimated quantities consistent with those depicted on the improvement plans. 5. Final Plans, Specifications and Estimates Upon receipt of comments from the City, BKF will prepare the Final Plans, Specifications & Estimates (“PS&E”) package. Final PS&E will be submitted to the City. All documents will be stamped and signed by a registered engineer licensed to practice in the State of California. The final submittal package will be ready for advertisement and for public bid. 6. Meetings and Coordination Meetings will be conducted during all phases of the Project. These meetings will be used to coordinate the transfer of information and data, and to report on the status of the Project to the City. Travel time to and from the meetings is included in the fee for this task. Specific meetings that will occur include the following: • Kickoff Meeting • Hydrology and Hydraulics DM Review Meeting A-27 A-3 01203.0006/950140.3 • 100% Plan Submittal Review Meeting • Final Plan Submittal Review Meeting • Pre-Construction Meeting • 4 Construction Field Meetings 7. Bid Assistance This task will include the services required to assist the City during the Bid Phase. These services may include attending the pre-bid conference, attending a job walk, responding to requests for clarifications from prospective bidders during the bid period, and/or issuing addenda to the bid package as necessary. If requested, BKF will tabulate and verify bids using a spreadsheet and analyze the bid results to recommend the acceptance or rejection of bids. BKF will also prepare a conformed set of PS&E documents that reflect plan changes that may have occurred during the bid process. The conformed PS&E package will then be issued for construction upon approval by the City. 8. Construction Support Services BKF will provide construction support services as requested by the City. These services may include, but are not limited to, review of shop drawings, and review of material submittals. This task also provides for BKF’s review and preparation of written responses to requests for information (“RFIs”) that may be made by the contractor during the construction process. Additionally, based on revisions to the plans that are made and recorded by the contractor during the course of construction of the project, BKF will prepare record drawings of the in-place improvements. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Technical Summary Memorandum B. 90% Plans, Specifications, and Estimates C. Final Plans, Specifications, and Estimates D. Meeting Minutes E. Electronic delivery of all CAD/BIM/GIS files created in support of project III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A-28 A-4 01203.0006/950140.3 A. Biweekly Status Report IV. All work product is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. A-29 B-1 01203.0006/950140.3 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in strikethrough. [INTENTIONALLY LEFT BLANK] A-30 C-1 01203.0006/950140.3 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub -budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. III. The City will compensate the Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. A-31 C-2 01203.0006/950140.3 D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. NOT APPLICABLE. A-32 D-1 01203.0006/950140.3 EXHIBIT “D SCHEDULE OF PERFORMANCE I. Consultant shall perform all services timely in accordance with the following schedule: A. Collect and Review Existing Information – 9 Working Days following Notice to Proceed (NTP) B. Field Survey and Field Review – 14 Working Days following NTP C. Hydrology and Hydraulics Study – 14 Working Days following NTP D. Draft Plans, Specifications and Estimates – 24 Working Days following NTP E. Final Plans, Specifications and Estimates – 5 Working Days Following Receipt of City Comments on Draft Plans, Specifications, and Estimates F. Bid Assistance – Throughout the Bidding Phase as Determined by the City G. Construction Support Services – Throughout the Construction Phase as Determined by the City II. Consultant shall deliver the following tangible work products to the City by the following dates. A. Summary Technical Memorandum – 14 Working Days following NTP B. Draft Plans, Specifications, and Estimates – 24 Working Days following NTP C. Final Plans, Specifications, and Estimates – 5 Working Days Following Receipt of City Comments to Draft Plans, Specifications, and Estimates D. Responses to Requests for Clarifications from Prospective Bidders Timely so as Not to Delay Bidding E. Comments on Shop Drawings and Other Submittals, Responses to Requests for Information, and Record Drawings of In-Place Improvements Timely so as Not to Delay Construction and Close-Out III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. Any further extensions require City Council approval. A-33 Page 1 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template City of Rancho Palos Verdes Request for Proposals Peacock Ridge Road Drainage Improvements Public Works Department Attention: Jeremiah Sunwoo, Associate Engineer 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 Phone: 310.544.5253 | Email: jsunwoo@rpvca.gov RFP Release Date: 11-01-2023 Request for Clarification Deadline: 11-08-2023 RFP Submittal Deadline: 12-06-2023 B-1 Page 2 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template Peacock Ridge Road Drainage Improvements The City of Rancho Palos Verdes is requesting proposals from qualified consulting firms to provide engineering services to design and provide engineering support during the necessary improvements to an existing storm drain at 5900 block of Peacock Ridge Road in the City of Ranchos Palos Verdes, California. All correspondence and questions regarding this RFP should be submitted via email to: Jeremiah Sunwoo, Associate Engineer Email: jsunwoo@rpvca.gov Phone: 310.544.5253 To be considered for this project, submit an electronic copy of the proposal to the above email address by 4:30PM, on Wednesday, December 6, 2023. B-2 Page 3 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template TABLE OF CONTENTS I. Introduction Page 4 II. Project Objective Page 4 III. Project Description and Background Page 4 IV. Scope of Work Page 5 V. Preliminary Project Schedule Page 7 VI. Necessary Qualifications and Submittal Requirements Page 8 VII. Submission of Proposal Page 9 VIII. Evaluation and Selection Process Page 10 IX. Attachments Attachment [A] – Sample Professional Services Agreement B-3 Page 4 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template 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. Rancho Palos Verdes is a General Law City and has operated under the Council - Manager form of government since its incorporation in 1973. Policy-making and legislative authority are vested in the governing City Council, which consists of five Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and functions on an annual budget cycle. The purpose of this document is to provide proposers with the information needed to submit a proposal for review by the City and, if selected, enter into a Professional Service Agreement with the City. Enclosed is a blank Professional Services Agreement form for proposers’ review. II. PROJECT OBJECTIVE The City is requesting proposals from qualified firms that will provide engineering services to assess the existing storm drain, provide hydrologic and hydraulic review, develop construction documents for necessary improvements and provide engineering support for bidding and construction. III. PROJECT DESCRIPTION AND BACKGROUND The existing 12-inch storm drain situated within a cul-de-sac on the 5900 block of Peacock Ridge Road collects runoff from Peacock Ridge Road and channels it downstream onto Scotmist Drive, south of Peacock Ridge Road. The segment of storm drain that connects Peacock Ridge Road to Scotmist Drive is approximately 140-LF. Based on initial investigation by the City, the lower 55-LF segment closest to Scotmist Drive has completely collapsed and is no longer effectively managing runoff on Peacock Ridge Road. IV. SCOPE OF WORK 1. Review existing records and data: a. Review all available existing records, including but not limited to plans, maps, and video logs. b. Verify the location and condition of the storm drain. 2. Perform topographic and boundary survey. B-4 Page 5 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template 3. Perform hydrologic and hydraulic analysis: a. Perform hydrologic and hydraulic analysis for the appropriate design storm(s). b. Prepare a memorandum notifying the City of the preliminary findings, including recommendation(s) for improvement. Calculations for hydrology and hydraulics shall be performed according to the Los Angeles County (LACO) Hydrology Manual (2006 Edition) and LACO Hydraulic Manual (2002 Edition). Final calculations shall be stamped and signed by a Professional Engineer registered in the State of California. 4. Prepare construction plans and specifications: a. Develop construction plans that include all necessary sheets, including but not limited to, cover sheet, existing site plan, demolition plan, plan and profile for the entire length of pipe to be replaced, stormwater pollution prevention plan and construction details. b. Plans should include all necessary details and notes pertinent to the project as required by the City, including but not limited to: i. Pavement thickness where excavation through pavement is required ii. Location of all utilities, buried and overhead iii. Location of vegetation iv. Property boundary and easement delineations v. Topographic base map with appropriate elevation intervals vi. Existing storm drain facility dimensions, including elevation and location vii. Items to be protected in place viii. Restoration plans for disturbed areas ix. Trench and backfill details x. Traffic control plans, as needed xi. Erosion and sediment control plans xii. Limits of pipe replacement sections xiii. Limits of soil disturbance xiv. Location and limits of staging areas c. Construction plans are to be prepared using Autodesk AutoCAD or Civil3D, using appropriate scales, and plotted on 24”x36” (Arch D) sheets. d. All construction plan sheets shall be stamped by a Professional Engineer registered in the State of California. e. All construction plan sheets shall include a line for City approval by the Director of Public Works in the signature block. f. All construction plans shall be delivered to the City in both printed and electronic formats. g. Electronic submittals shall include plotted (.pdf) and CAD (.dwg) files. B-5 Page 6 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template 5. Prepare Engineer’s Estimate of Probable Costs: a. Cost estimates shall be provided to the City in electronic format. 6. Prepare Bid Documents and Provide Bid Support: a. Develop Notice Inviting Bids b. Provide timely responses to any questions or RFI(s) related to the project. 7. Participation in Meetings: a. Consultant shall attend regular meetings with City staff during the design as needed or requested by the City. b. Consultant shall attend pre-bid meeting and provide clarifications of design intent, limitations to reliability information, and potential construction constraints as requested by potential bidders. 8. Perform Bid Analysis: a. Consultant shall perform comparative analysis of bid items for the three lowest bids based on the engineer’s estimate, confirm bid accuracy and submission of all required bid documents, and identify the lowest responsive bidder. b. Consultant shall ensure selected bidder(s) meet the minimum qualifications and conduct reference checks. 9. Provide Engineering Support: a. Consultant shall provide support during construction phase, including but not limited to, verification of contractor’s layout with respect to design documents, respond to RFI(s), and evaluate change orders. Consultant shall complete other tasks deemed necessary for the accomplishment of a complete and comprehensive outcome as described in the project objective. Consultant shall expand on the above-noted tasks, where appropriate, and provide suggestions which might lead to efficiencies and enhance the results or usefulness of the work. Any computer-generated documents, including reports, modeling files, plans, calculations, and correspondence shall be submitted in a format that is acceptable to the City. All data generated by this scope of work shall be the property of the City. The selected firm agrees that no part of the data may be reproduced, or stored in a retrieval system, or transmitted in any form, whether electronic, mechanical, or otherwise, with out the City’s prior written consent. Deliverables As part of the Services, Consultant will prepare and deliver the following tangible work products to the City. B-6 Page 7 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template 1. Preliminary Design Report that includes findings of data review, field verification, GIS layers, hydrologic and hydraulic analysis, topographic survey including utility conflicts, and conceptual plans. 2. Draft Design Package that includes 90% construction plans and specifications with calculations, engineer’s estimate of probable cost, and special conditions. 3. Final Design Package that includes stamped and signed original reproducible construction plans and specifications, final design calculations, engineer’s estimate of probable cost, special conditions, and notice inviting bids. 4. Following substantial completion, Consultant shall prepare “As-Built” record drawings and submit electronically to the City. Record drawings shall be appropriately stamped by the Engineer of Record. 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. V. PRELIMINARY PROJECT SCHEDULE A. RFP Schedule The following is the anticipated schedule for the RFP process: Request for Proposal available 11-01-2023 Request for Clarification due 11-08-2023 Proposals due 12-06-2023 Anticipated Notice of Award 12-20-2023 B. Anticipated Project Schedule Consultant to provide Anticipated Project Schedule as part of the Proposal. Refer to Section VI.3(e) of this document for additional information regarding the schedule. The ideal Consultant candidate will have available resources and personnel, either in-house or under subcontract, to ensure the completion of the Scope of Services at the earliest possible time. VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS 1. Only one proposal per firm will be considered. 2. The submittal should be typed and as brief as possible while adequately describing the qualifications of the firm. The final submittal shall be sent as a PDF via email to Jeremiah Sunwoo, Associate Engineer at jsunwoo@rpvca.gov. B-7 Page 8 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template 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: Identify any additions, expansions, clarifications, or modifications to the Scope of Services that the firm proposes in order to provide the services and produce the deliverables contained in this RFP. Describe how completing the Scope of Services will be approached and any cost-saving or value-adding strategies or innovations the firm will bring to the project. (No more than two pages) c) Organization and Staffing: Identify the person who will be the Project Manager and primary contact person responsible for the overall delivery of the project. Provide an organizational chart of the project team that clearly delineates communication and reporting relationships among the project staff and among the sub-consultants involved in the project. Identify key personnel to perform work in the various tasks and include major areas of subcontracted work. d) Staff Qualifications and Experience: Describe qualifications of the assigned staff and subcontractors 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. • Prior Experience: Demonstrate that the firm has significant experience providing services applicable 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 five pages) B-8 Page 9 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template • Reference Projects: Include at least one project 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. (No more than five 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. 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 A). Any exceptions or suggested changes to the RFP or Professional Services Agreement (PSA), including the suggested change, the reasons therefore and the impact it may have on cost or other considerations on the firm’s behalf must be stated in the proposal. Unless specifically noted by the firm, the City will rely on the proposal being in compliance with all aspects of the RFP and in agreement with all provisions of the PSA. (No more than one page) VII. Submission of Proposal A. Requests for Clarification Requests for clarification of the information contained herein shall be submitted in writing prior to 4:30 pm on December 06, 2023. Responses to any clarification question will be provided to each firm from which proposals have been requested. 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. B-9 Page 10 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template VIII. EVALUATIONS AND SELECTION PROCESS 1. Proposals Will be Evaluated Based on the Following Criteria: a) Approach to Scope of Services (25%) • Understanding of the Scope of Services as demonstrated by the thoroughness of the proposal, introduction of cost-saving or value-adding strategies or innovations (including those applying to overall project schedule), and an overall approach most likely to result in the desired outcome for the City. b) Proposal Schedule (20%) • Ability to complete the work in the shortest schedule possible (excluding time for review and community meetings). c) Staff Qualifications and Experience (30%) • Relevance of experience of the proposing firm (to provide support resources to the project team) • Relevance of experience and strength of qualifications of the Project Manager • Relevance of experience and strength of qualifications of the key personnel performing the work d) Organization and Staffing (15%) • Assignment of appropriate staff in the right numbers to perform the Scope of Services • Appropriate communication and reporting relationships to meet the City’s needs e) Quality Control (10%) • Adequate immediate supervision and review of staff performing the work as well as appropriate independent peer review of the work by qualified technical staff not otherwise involved in the project. 2. Selection Process An evaluation panel will review all proposals submitted and select the proposal, if any, which best fulfills the City’s requirements. The City may then further refine the scope and schedule with that firm and request a fixed cost 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 the selected firm, the City will negotiate with another firm chosen among responders. 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, B-10 Page 11 of 11 City of Rancho Palos Verdes RFP- Peacock Ridge Road Drainage Improvements October 2023 Template 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 A) 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-11 BKF Engineers | 4675 MacArthur Court, Suite 400 | Newport Beach, CA | 92660 | 949.526.8460 Page 1 of 6 December 15, 2023 Mr. Jeremiah Sunwoo, Associate Engineer City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 SUBJECT: PEACOCK RIDGE ROAD DRAINAGE IMPROVEMENT PROJECT Dear Mr. Sunwoo: Thank you for your request for this proposal for improvements to the existing storm drain line that begins in the vicinity of the westerly terminus of Peacock Ridge Road and continues downstream to an outfall in the gutter of Scotmist Drive in the City of Rancho Palos Verdes, California (Project). The storm drain alignment between the two streets is mostly located in an easement aligned along the easterly lot line of property at 6037 Scotmist Drive. PROJECT UNDERSTANDING For the preparation of this proposal, BKF performed a site review and examined CCTV inspection reports. The site review indicated that the concrete through-curb inlet as well as the concrete transition and manhole structure on Peacock Ridge Road appear to be in serviceable condition. Similarly, the concrete components of the storm drain outfall to Scotmist Drive are also in serviceable condition. The inoperability of the existing storm drain is a result of extensive failure of the corrugated metal pipe (CMP) located between the concrete inlet and outfall structures. The CCTV inspection reports clearly show a complete collapse of the CMP pipe section approximately 5 feet upstream of the concrete outfall manhole and the accumulation of debris in the storm drain beginning immediately downstream of the concrete inlet assembly on Peacock Ridge Road. These two issues have made the storm drain line non-functional for mostly all storm events resulting in significant ponding upstream of the inlet in Peacock Ridge Road and the potential surface overflow into the downstream property. The alignment of the storm drain between the two streets is located in a 10-foot wide easement that is evenly divided between 6037 and 6029 Scotmist Drive. The field review, however, suggests that the storm drain is located within the 5-foot wide portion of the total easement width located on the property of 6037 Scotmist Drive. The field review also noted that concrete paving on the 6037 property is located throughout the side yard area, including the easement area that contains the storm drain. As such, replacement of the pipe in its present alignment will require the removal of the paving within the easement area. The City will then need to consider if replacement of the paving within the easement area will be a part of the project given that improvements within the easement are subject to City acceptance and that the existing concrete paving hinders access to the storm drain. C-1 BKF Engineers | 4675 MacArthur Court, Suite 400 | Newport Beach, CA | 92660 | 949.526.8460 Page 2 of 6 Upstream of the concrete paving on the 6037 property, the storm drain alignment is located under landscaping improvements. These improvements will likely need to be replaced in kind as a part of the Project. And lastly, an existing storage shed is located adjacent to the storm drain, which will need to be protected in place during Project construction. APPROACH BKF will initiate the Project with a kickoff meeting with City staff to review the scope-of-work and Project schedule. The meeting will reaffirm our approach to the storm drain improvements. BKF will then perform a field survey of the site to map existing ground elevations in the area inclusive of the storm drain easement between Peacock Ridge Road and Scotsmith Drive. Portions of Peacock Ridge Road and Scotsmith Drive will also be surveyed and mapped. During this survey, monument points will be located so that that property lines and the easement boundary can be located. BKF’s survey team will then prepare a base map in CAD format for use in the preparation of the improvement plans. In parallel with the field survey, BKF will perform a hydrology study of the area tributary to the storm drain inlet on Peacock Ridge Road. The study will be performed in accordance with the Los Angeles County Hydrology Manual and will determine peak discharges tributary to the inlet for the 10-, 25-, and 50-year storms. Following the determination of peak discharges, BKF will perform a hydraulic study of the proposed storm drain. BKF will use the Water Surface Pressure Gradient (WSPG) software to model the proposed storm drain as well as its inlet and outfall assemblies. The results of the modeling will indicate the size of the replacement pipe necessary to convey the desired design discharge. After the completion of the hydrology and hydraulic studies, BKF will prepare a Design Memorandum (DM) that summarizes the methodology, analyses, and results. The DM will also include BKF’s recommendations on how to proceed with the Project’s design. BKF will then review the DM with City staff to discuss project design goals in relationship to the physical constraints of the site and the resulting conveyance options for the Project. The conclusion of the City/BKF review process will establish the basis of the storm drain design. BKF will then proceed with the preparation of the plans, specification, and engineer’s construction cost estimate (PS&E). Given our prior discussions with the City at this point in the Project’s progression and the Project’s limited extents, BKF is recommending that 90% plans, specifications, and estimates (PS&E Documents) be prepared for review by the City. The PS&E Documents will be prepared in a format suitable to the City and an engineer’s estimate will be prepared in parallel with the plans. Upon receipt of comments from the City, BKF will proceed with the preparation of the Final PS&E bid package. The final PS&E package will be submitted to the City and will be stamped and signed by a Registered Engineer. Upon advertisement of the Project by the City, BKF will assist the City during the bid process. This assistance will include preparing written responses to questions asked by the bidders, assisting the City with the preparation of addendums, and evaluating bids received for the construction of the project. BKF’s assistance will then continue throughout the duration of Project construction on an on-call basis. This assistance may include the review of submittals, responding to information requests, and providing engineering services in support of any newly discovered field conditions. BKF will then assist the City with the close-out of the project through the preparation of Record Drawings. C-2 BKF Engineers | 4675 MacArthur Court, Suite 400 | Newport Beach, CA | 92660 | 949.526.8460 Page 3 of 6 STAFFING BKF has assigned a qualified team of experts to provides the services describe in this proposal. Or team will be structured as indicted in the organizational chart below. PROJECT ORGANIZATION CHART SCOPE OF WORK 1. Collect and Review Existing Information This task provides for the collection and review of existing information to be provided by the City. This information may include as-built improvement plans, hydrology reports, tract maps, GIS-based topographic mapping, CCTV video, and other relevant information. BKF will review the acquired information and will use it as applicable during the progression of the Project. BKF will also perform a field review of the storm drain C-3 BKF Engineers | 4675 MacArthur Court, Suite 400 | Newport Beach, CA | 92660 | 949.526.8460 Page 4 of 6 alignment and easement area. BKF will work with the City to determine the best approach to gaining access to the affected private properties. Features that could be critical to the design will be observed and noted. 2. Field Survey and Field Review BKF will perform a field survey of the existing ground and facilities located in and around the Project to a distance of 20 feet centered on the existing storm drain alignment. The survey will begin within the Peacock Ridge Road right of way and continue downstream along the easement into the Scotsmith Drive right of way. The survey will also record the location and elevation of significant planimetric features such as existing trees, irrigation features, other ground cover, utility manholes, curb openings, fence lines, walls, utility boxes, etc. The data collected from the survey will be used to prepare a base map of the existing ground surface along the Project alignment. 3. Hydrology and Hydraulics Study BKF will perform a series of hydrology and hydraulic studies and analyses in support of the proposed storm drain improvements. At the conclusion of this work a hydrology and hydraulic Design Memorandum (DM) will be prepared for review and approval by the City. The final DM will be stamped and signed by a registered engineer licensed in the State of California. BKF will delineate the watershed tributary to project inlet to determine the 10-, 25-, and 50-year peak flow rates in Peacock Ridge Road. The hydrology study will be performed in accordance with the Los Angeles County Hydrology Manual procedures. The hydrology study will also include the preparation of a hydrology map that will depict watershed areas, flow concentration points, nodal elevations, and flow path lengths. The peak flow rates that are computed as a part of the study will be included on the final hydrology map. BKF will prepare a hydraulic model of the proposed storm drain. The hydraulic models of storm drain conveyance will be based on as-built, surveyed, and proposed storm drain configurations. They will use the Water Surface Profile Gradient (WSPG) software. 4. 90%-Level Plans, Specifications and Estimates This task provides for the preparation of plans, specifications, and cost estimates for the proposed storm drain improvements. It is anticipated that two (2) sheets of plans will be required for the final plan set including a Title Sheet with General Notes and a combined Plan, Profile, and Detail Sheet. The plans will be prepared on 24” x 36”, standard City Titleblock sheets. This task also includes the preparation of the technical specifications in accordance with standard city format. The technical specifications will include specifications pertaining to the material and workmanship required for the various items related to the Project components based on the latest edition of the Standard Specifications for Public Works Construction (Greenbook). The technical specifications will include a bid sheet of work items and their estimated quantities consistent with those depicted on the improvement plans. C-4 BKF Engineers | 4675 MacArthur Court, Suite 400 | Newport Beach, CA | 92660 | 949.526.8460 Page 5 of 6 5. Final Plans, Specifications and Estimates Upon receipt of comments from the City, BKF will prepare the Final PS&E package. Final plans, specifications and estimates will be submitted to the City. All documents will be stamped and signed by a registered engineer licensed to practice in the State of California. The final submittal package will be ready for advertisement and for public bid. 6. Meetings and Coordination We anticipate that meetings will be conducted during all phases of the Project. These meetings will be used to coordinate the transfer of information and data, and to report on the status of the Project to the City. Travel time to and from the meetings is included in the estimated fee for this task. Specific meetings that will occur include the following: • Kickoff Meeting • Hydrology and Hydraulics DM Review Meeting • 100% Plan Submittal Review Meeting • Final Plan Submittal Review Meeting • Pre-Construction Meeting • 4 Construction Field Meetings 7. Bid Assistance This task will include the services required to assist the City during the Bid Phase. These services may include attending the pre-bid conference, attending a job walk, responding to requests for clarifications from prospective bidders during the bid period, and/or issuing addenda to the bid package as necessary. If requested, BKF will tabulate and verify bids using a spreadsheet and analyze the bid results to recommend the acceptance or rejection of bids. BKF will also prepare a conformed set of PS&E documents that reflect plan changes that may have occurred during the bid process. The conformed PS&E package will then be issued for construction upon approval by the City. 8. Construction Support Services BKF will provide construction support services as requested by the City. These services may include, but are not limited to, review of shop drawings, and review of material submittals. This task also provides for BKF’s review and preparation of written responses to requests for information (RFI’s) that may be made by the contractor during the construction process. Additionally, based on revisions to the plans that are made and recorded by the contractor during the course of construction of the project, BKF will prepare record drawings of the in-place improvements. 9. Reimbursable Expenses This task provides for reimbursable expenses such as travel costs, plotting and printing costs, messenger service costs, and equipment costs as required to complete the Project. C-5 BKF Engineers | 4675 MacArthur Court, Suite 400 | Newport Beach, CA | 92660 | 949.526.8460 Page 6 of 6 FEE TABLE A work Fee Table, including staff classifications and their hourly rates, is attached to this proposal. The fee table provides the total fee for each task as well as the total fee for the Project. PROJECT SCHEDULE A project schedule has been attached that depicts start and end dates of the tasks associated with the Project’s scope of work. The schedule also identifies the tasks that are on the critical path to Project completion. Please contact me at (949) 526-8462 if you have any questions or need any clarifications. Sincerely, BKF Engineers Chris Rideout, PE Principal/Vice President Attachments: Fee Table Project Schedule C-6 FEE TABLE C-7 SPM SPE DE S-Chief S-Inst Expenses hrs hrs hrs hrs hrs hrs Fees hrs Fess Task 1 - Collect and Review Existing Information 4 4 $1,000 4 $1,000 Task 2 - Field Survey and Field Review 6 12 12 12 42 $8,160 42 $8,160 Task 3 - Hydrology and Hydraulics Study 2 16 8 26 $5,068 26 $5,068 Task 4 - 90%-Level Plans, Specifications and Estimates 4 24 12 40 $7,852 40 $7,852 Task 5 – Final Plans, Specifications and Estimates 2 16 18 $3,812 18 $3,812 Task 6 – Meetings and Coordination 12 12 $3,000 12 $3,000 Task 7 – Bid Assistance 8 8 $2,000 8 $2,000 Task 8 – Construction Support Services 16 8 24 $5,656 24 $5,656 Task 9 – Reimbursable Expenses 0 $0 $500 0 $500 54 76 20 12 12 174 174 $13,500 $15,732 $3,140 $2,544 $1,632 $36,548 $500 $37,048 RATES ($/Hr): $250 $207 $157 $212 $136 BKF Classification Descriptions: SPM = Senior Project Manager SPE = Project Manager DE = Design Engineer S-Chief = Survey Party Chief S-Inst = Survey Instrument Person GRAND TOTAL FEES Task Total BKF Engineers GRAND TOTAL HOURS City of Rancho Palos Verdes Peacock Ridge Road Drainage Improvement Project ESTIMATED FEES & EXPENSES Task Description Total Fees C:\Users\vild\Desktop\RPV_Peacock_Ridge\Peacock_Fee_WBS.xls 12/12/2023C-8 SCHEDULE C-9 ID Task Name Duration Start Finish 1 2 Task 1 - Collect and Review Existing Information 9 days Tue 12/26/23 Fri 1/5/24 3 4 Task 2 - Field Survey and Field Review 14 days Tue 12/26/23 Fri 1/12/24 5 6 Task 3 - Hydrology and Hydraulics Study 14 days Tue 12/26/23 Fri 1/12/24 7 8 Task 4 - 90%-Level Plans, Specifications and Estimates 10 days Mon 1/15/24 Fri 1/26/24 9 10 City Review of 90%-Level PS&E 15 days Mon 1/29/24 Fri 2/16/24 11 12 Task 5 – Final Plans, Specifications and Estimates 5 days Mon 2/19/24 Fri 2/23/24 13 14 Task 6 – Meetings and Coordination 44 days Tue 12/26/23 Fri 2/23/24 15 16 Task 7 – Bid Assistance 30 days Mon 2/26/24 Fri 4/5/24 17 18 Task 8 – Construction Support Services 20 days Mon 4/8/24 Fri 5/3/24 19 20 21 22 23 24 25 26 24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28 Jan '24 Feb '24 Mar '24 Apr '24 May '24 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress PROJECT SCHEDULE City of Palos Verdes Peacock Ridge Drainage Improvement Project Page 1 Project: Downey Date: Mon 12/11/23 C-10 CI T Y F U N D S S U M M A R Y GE N E R A L F U N D S U M M A R Y AP P E N D I X BU D G E T P R O G R A M S BU D G E T O V E R V I E W City of Rancho Palos Verdes | Adopted Budget | Capital Improvement Program (Fiscal Years 2023-2024 through 2027-28) 371 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ The existing storm drain pipe, collecting stormwater runoff from Peacock Ridge Road and conveying it to an outlet on Scotmist Drive, has collapsed and needs to be replaced. Estimated annual operating / maintenance cost TBD ESTIMATED SCHEDULE Engineering and Construction in Fiscal Year 2023-24 Project Location Map Background and Justification -$ -$ -$ 325,000$ -$ -$ -$ -$ -$ -$ -$ -$ FUNDING -$ -$ 330 (CIP Fund) -$ -$ -$ -$ Committed FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 Future Fiscal Yearsas of 3/31/23 -$ 325,000$ -$ -$ -$ -$ 325,000$ -$ -$ -$ -$ 325,000$ Inspection $ - $ 20,000 $ - $ - $ - $ - 20,000$ Construction $ - $ 195,000 $ - $ - $ - $ - 195,000$ Project Contingency $ - $ 60,000 $ - $ - $ - $ - 60,000$ $ - 20,000$ Management $ - $ 10,000 $ - $ - $ - $ - Engineering $ - $ 20,000 $ - $ - $ - 10,000$ Environmental $ - $ 10,000 $ - $ - $ - $ - 10,000$ Overall Planning $ - $ 10,000 $ - $ - $ - $ - 10,000$ FY23/24 FY24/25 FY25/26 FY26/27 FY27/28 Committed as of 3/31/23 Insert Descriptive Photo PROJECT DESCRIPTION This project is intended to remove and replace a collapsed storm drain pipe at Peacock Ridge Road and install associated infrastructure, including a new catch basin and storm drain outlet (on Scotmist Drive). PROJECT COST ESTIMATES 8700 Series Sewer & Storm Drain Improvements Projects 8723 Storm Drain Improvements at Peacock Ridge Road D-1