CC SR 20260317 C - ARG Built Environ Resources Study FEMA Buyout Program
CITY COUNCIL MEETING DATE: 03/17/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider a Professional Service Agreement with Architectural Resources Group for
consultant services related to the Voluntary Property Buyout Program within the
Greater Portuguese Bend Landslide.
RECOMMENDED COUNCIL ACTION:
(1) Approve a Professional Service Agreement (PSA) with Architectural Resources
Group (ARG) for consultant services related to the Request for Information
(RFI) for the Hazard Mitigation Grant Program (HMGP) Voluntary Property
Buyout Program within the Greater Portuguese Bend Landslide in the not to
exceed amount of $53,060, for a term of one year from the date of approval;
(2) Authorize the Mayor and City Clerk to execute the PSA, in a form approved by
the City Attorney; and,
(3) Approve an additional appropriation of $53,060 in Fund 331, Federal Grant
(Expenditure and Revenue), which will be reimbursed by the grant program.
FISCAL IMPACT: The Voluntary Buyback Program, including administrative costs
such as utilizing an architectural historian consulting firm, is
funded by the Federal Emergency Management Administration
(FEMA) who will pay 75% of all eligible expenses through its
HMGP. The remaining cost share of 25% will be borne by the
seller (property owner) except for certain in-kind costs borne by
the City. VR
Amount Budgeted: None
Additional Appropriation: $53,060.00
Account Number(s): 331-400-9103-5101 VR
ORIGINATED BY: Lisa Garrett, Senior Administrative Analyst
REVIEWED BY: Brandy Forbes, AICP, Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. PSA with ARG (Page A-1)
B. ARG Proposal dated February 18, 2026 (Page B-1)
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BACKGROUND:
On October 28, 2024, the City of Rancho Palos Verdes, FEMA, and the California
Governor’s Office of Emergency Services (Cal OES) announced a $42 million
Voluntary Property Buyout Program (Buyout Program) for property owners in the
Greater Portuguese Bend Landside Complex whose homes have been damaged or
threatened by land movement.
The Buyout Program has been developed by FEMA and CalOES in partnership with
the City to enable property owners adversely impacted by the Greater Portuguese
Bend Landslide Complex (Landslide Complex) to relocate from the risk of imminent
failure of land movement. Funding for this Buyout Program comes from FEMA
through its HMGP. FEMA is funding the Buyout Program in the amount of $42 million
to the City based on the federally declared California disaster (DR-4699) from severe
winter storms, straight-line winds, flooding, landslides, and mudslides that began on
February 21, 2023. Additionally, another $10 million is being funded for a second
round based on the federally declared California disaster (DR-4769) for the winter
storms that occurred between January 31 and February 9, 2024. Future Buyout
Program cycles may become available to affected residents depending on whether
a federal declared disaster occurs in California.
As part of the Buyout Program, the City will work with residents, who are participating
voluntarily and own an improved property with permitted residential structure(s) that
has been damaged or is at imminent risk of being damaged by a natural hazard event.
The City is then able to buy real property from affected property owners based on an
appraisal of the fair market value at a predetermined date, acquire title, demolish the
structure(s), and revert it to open space. Upon closing, the acquired property would
be owned by the City and must, in perpetuity, remain open space land. Accordingly,
at the closing of the acquisition, the property will be restricted as open space in
perpetuity and cannot be redeveloped, except for l imited allowable
conservation/open space uses that are approved by FEMA Region 9, and the City
will be restricted against selling the acquired property to private individuals or
developing it.
As FEMA does not purchase properties directly from affected property owners, the
Buyout Program provides for a real estate transaction between an approved seller
and the City being the buyer. FEMA will pay 75% of all eligible expenses with the
remaining cost share of 25% to be borne by the seller (property owner) except for
certain in-kind costs borne by the City.
Based on applications received by the City from interested property owners, the City
identified properties where buyouts make the most sense based on a prioritization
list developed by the City with concurrence by FEMA and CalOES, but is not limited
to, the scope of existing structural damage as determined by the City’s Building
Official through a property inspection, open space value, community needs, and
FEMA program requirements.
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City Staff has completed the evaluation of submitted applications to ensure that each
application follows program rules/regulations (e.g., the property is not owned in title
by a bank or other institutional financial institution through foreclosure or other similar
means; the property has not sold since December 1, 2022, etc.). At this time, out of
the initial 85 applications received by the November 8, 2024 application filing
deadline, 22 prioritized real property sites were selected as part of the Buyout
Program. As well, the City is being considered for a second round with 5 prioritized
real property sites and has submitted a third-round application for 8 prioritized real
property sites and 11 alternates in case there are any prioritized property owners who
withdraw.
DISCUSSION:
In December 2025, FEMA issued an RFI for additional information, including a Built
Environment Resources Study for the historical review of the sites. To respond to the
RFI, the City must contract with an architectural historian to conduct this study.
Below are FEMA’s RFI items to be satisfied with built environment resources study:
o Please provide either 1) County Assessor data, including the residential property
records that are often only in paper records or scans thereof, for each property or 2)
permission for the consultant architectural historian to access this data at a County
Assessor branch office. Owner permission is likely required. County Assessor
records often contain useful property-specific data including building materials,
alterations/additions, old photographs, and previous owners. This information will be
used in the evaluation of potential historic resources.
o Please provide either 1) City and County building permit records for each property
or 2) access to such records for the consultant architectural historian. Some of the
subject buildings may have been constructed prior to City incorporation in 1973.
Alternatively, please provide contact information for a person who can assist with
access to building permits. Building permits provide useful property-specific
information related to construction and alteration of properties. This information will
be used in the evaluation of potential historic resources.
o Please provide a determination of eligibility for each property, done by a Secretary
of Interior qualified Architectural Historian. This should include, but not be limited to
the following:
▪ Photos of the facade with clear angles of each side/any architectural details
▪ Date of construction and date of any alterations/additions Architect
▪ Known resources in the area (including archeological, tribal, and any
historic districts)
▪ Association with a significant event
▪ Association with a significant person
▪ Distinctive architectural style/material
▪ Likelihood to yield information important in history/prehistory
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▪ A summary of the historic development and any histories that may have
contributed to the fabric of the area
FEMA’s Environmental/Historic Preservation (HPA) team is requesting that the City,
as the sub-applicant for the Buyout Program, provide a complete Built Environment
Resources Study (The Study) of the project Area of Potential Effect (APE) in order
to proceed with the Buyout Program.
The Study must be conducted by a Secretary of Interior -qualified individual that
meets the Professional Qualification Standards under History and/or Architectural
History. The Study should identify built resources in the APE that are listed in or
previously determined eligible for listing in the National Register of Historic Places
and provide evaluations under National Register criteria for built resources that were
not previously evaluated. The Study will evaluate the following properties for the
Buyout Program:
• AP-1721 – 22 properties
• AP-1883 – 5 properties
• AP-2317 – 8 properties + 11 alternate properties
A Request for Quotes was issued by the City for cost estimate quotes per property
to complete this requirement in order to allow the City to assess those costs to the
appropriate AP (application) number.
Additional Information for Consideration in Study
Below is architectural history guiding information that has met FEMA’s needs on
other projects:
Certification based on California Historical Resource Information System (CHRIS)
records and other available sources of information that the property is not
individually listed or eligible for listing in the National Register of Historic Places
(NRHP) and not in or adjacent to a National Register of Historic Places (NRHP)
listed or NRHP-eligible historic district as verified by CHRIS records.
▪ Property address and parcel number.
▪ Building year of construction.
▪ Source of the information utilized to determine building age.
▪ Provide a report on methodology and findings for each area of assessment.
The report should identify the parcel number and address of all properties
citing the factor impacting the structure (age of building, NRHP status,
etc.).
The landslide event caused significant damage to residential properties within the
City, with all primary homes classified as red-tagged or yellow-tagged. These homes
experienced severe structural damage. If any were deemed historic, this damage
would diminish any historic status they may have had. If not acquired, these
properties will require reconstruction and will require reconstruction and will continue
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to be vulnerable to future landslide hazards.
On February 9, 2026, the City received confirmation that FEMA requires that this
work must be conducted by a Secretary of Interior-qualified individual that meets the
Professional Qualification Standards under History and/or Architectural History. Staff
and the City’s project manager for the FEMA Buyout Program, Black and Veatch,
reached out to a total of 12 qualified consultants to receive quotes for the scope of
work. A total of 5 firms requested additional information. After considering the
truncated timeframe to complete the study as determined by FEMA, only 3 firms
submitted a proposal to complete the work. Of the 3, Architectural Resources Group
is the only consultant to meet the timeline and cost expected, and was subsequently
selected as the architectural historic consultant.
ARG will evaluate the 46 homes in the Buyout Program within the Landslide Complex
in 8 weeks at a total cost of $51,060, with and additional flat fee of $2,000 to proceed
with Optional SCCIC Records Search, for a total contract sum not to exceed $53,060.
ARG will perform the following.
▪ Site visit and field survey of each property
▪ Research and Review of Existing Documentation
▪ Draft and Revised Draft Built Environment Resource Study
▪ Final Built Environment Resources Study
The costs for this study will be covered by FEMA reimbursement. However, funding is
necessary upfront to cover initial costs until reimbursements are processed. Thus, the City
Council is being asked to approve an additional appropriation of $53,060 from Fu nd 331
(Federal Grants).
CONCLUSION:
Staff recommend the City Council approve the PSA with ARG for consultant services related
to the FEMA RFI for the Buyout Program within the Landslide Complex in an amount not to
exceed $53,060.
ALTERNATIVES:
In addition to Staff’s recommendations, the following alternative actions are
available for the City Council’s consideration:
1. Identify questions for Staff to research regarding the applicability of the RFI from
CalOES and return at a future meeting.
2. Do not approve the proposed PSA.
3. Take other action, as deemed appropriate.
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CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT FOR
GREATER PORTUGUES BEND LANDSLIDE FEMA BUILT ENVIRONMENT
RESOURCES STUDY
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and
entered into on March 17, 2026 by and between the CITY OF RANCHO PALOS VERDES, a
municipal corporation (“City”) and ARCHITECTURAL RESOURCES GROUP (“Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 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.
1.4 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 the Agreement.
1.5 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of $53,060.00 (Fifty-Three Thousand and Sixty Dollars) (“Contract Sum”).
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2.2 Invoices. Each month Consultant shall furnish to City an original invoice
for all work performed and expenses incurred during the preceding month in a form approved by
City’s Director of Finance. By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall
contain all information specified in Exhibit “C” and shall detail charges for all necessary and
actual expenses by the following categories: labor (by sub-category), travel, materials,
equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed
by such categories. Consultant shall not invoice City for any duplicate services performed by
more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however,
Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot
guarantee that payment will occur within this time period. In the event any charges or expenses
are disputed by City, the original invoice shall be returned by City to Consultant for correction
and resubmission. Review and payment by the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to or deducting from
said work. No such extra work may be undertaken unless a written order is first given by the
Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum
for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to sixty (60) days may be approved by
the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
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 but not exceeding thirty (30) 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
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fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10) days of the commencement of such
delay notify the con Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services for the
period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer’s determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant’s sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one years from the date hereof, except as otherwise provided in the Schedule
of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for one
additional one-year terms.]
4. COORDINATION OF WORK
4.1 Representative of Consultant. Katie Horak is hereby designated as being
the representative of Consultant authorized to act on its behalf with respect to the work and
services specified herein and make all decisions in connection therewith. All personnel of
Consultant and any authorized agents shall be under the exclusive direction of the representative
of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to
this Agreement. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Brandy Forbes, Community development Director [or
such person as may be designated by the City Manager] is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services
specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Assignment. Consultant shall not contract with any
entity to perform in whole or in part the work or services required hereunder without the express
written approval of the City. Neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City. Any
such prohibited assignment or transfer shall be void.
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. Consultant shall perform all
services required herein as an independent contractor of City 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, or that it is a member of a joint
enterprise with City.
5. INSURANCE AND INDEMNIFICATION
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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
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.
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(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non -
contributory basis for the benefit of City before the City’s own insurance or self -insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
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(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified
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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, 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, except claims or liabilities occurring as a result of City’s sole
negligence or willful acts or omissions. The indemnity obligation shall be binding on successors
and assigns of Consultant and shall survive termination of this Agreement.
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 and shall keep such
records for a period of three years following completion of the services hereunder. 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.
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 or as
the Contract Officer shall require.
6.3 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 the City without prior written
authorization from the Contract Officer.
(b) Consultant 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 the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the 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.
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(d) Consultant shall promptly notify the City should Consultant 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 thereunder. The 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 the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the 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 the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
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.
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. In the event of litigation in a U.S. District Court, venue shall lie exclusively
in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, 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. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
7.3 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 any
legal action under this Agreement.
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
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different times, of any other rights or remedies for the same default or any other default by the
other party.
7.4 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 fifteen (15) days’ written notice to Consultant, except that where
termination is due to the fault of the Consultant, the period of notice may be such shorter time as
may be determined by the Contract Officer. In addition, the Consultant reserves the right to
terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to
City, except that where termination is due to the fault of the City, the period of notice may be
such shorter time as the Consultant may determine. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Consultant has initiated termination, the
Consultant shall be entitled to compensation for all services rendered prior to the effective date
of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract
Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder, but
not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit
“C”. In the event of termination without cause pursuant to this Section, the terminating party
need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the
failure of the Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over the work and prosecute the same to
completion by contract or otherwise, and the Consultant shall be liable to the extent that the total
cost for completion of the services required hereunder exceeds the compensation herein
stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City
may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 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 ensure 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
8.2 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.
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8.3 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer (with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, California 90275, and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. 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. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of 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 portions 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.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party’s consent to or approval of any act by the other party requiring the party’s
consent or approval shall not be deemed to waive or render unnecessary the other party’s consent
to or approval of any subsequent act. 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.
8.7 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,
whether or not the matter proceeds to judgment.
8.8 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.
8.9 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.
8.10 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
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may affect his/her financial interest or the financial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
State or municipal statute or regulation. The determination of “financial interest” shall be
consistent with State law and shall not include interests found to be “remote” or “noninterests”
pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that
it has not paid or given, and will not pay or give, to any third party including, but not limited to,
any City official, officer, or employee, any money, consideration, or other thing of value as a
result or consequence of obtaining or being awarded any agreement. Consultant further warrants
and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of value to
any third party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect.
Consultant’s Authorized Initials _______
8.11 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) the
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 The Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Paul Seo, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
ARCHITECTURAL RESOURCES
GROUP
By:
Name: Katie E. Horak
Title: Principal
By:
Name: Lisa Yergovich
Title: Principal
Address: 360 E.2nd Street, Suite 225
Los Angeles, CA 90012
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.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
A. Perform a Built Environment Resources Study for the Hazard Mitigation Grant
Program (HMGP) Voluntary Property Buyout Program related to the Greater Portuguese
Bend Landslide area in Rancho Palos Verdes.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Draft and Revise Draft Built Environment Resources Study- ARG will develop the
Draft Study to include the information requested by FEMA. It will include:
a. Introduction and methodology
b. Summary of findings
c. A brief physical description of each built environment resource present on the 46
properties.
d. A focused historic context on postwar residential development in Rancho Palos
Verdes.
e. Brief property histories for each of the 46 properties, including year of construction,
architect or builder (if identified during research), biographical information about any
notable owners or occupants; and a summary of known building alterations.
f. An individual evaluation of the historic significance and integrity of the resources for
each property with respect to National Register criteria.
g. Photographs of the exterior of each of the 46 properties.
h. One round of revisions based on consolidated written comments from the City, and
submittal of the Revised Draft Study.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the
following status reports:
A. Virtual meeting with City of Rancho Palos Verdes, Community Development
Department staff to confirm scope and content of the Study, and any coordination for site
access and archival materials.
B. On-going communication with the City throughout the course of the project.
IV. All work product is subject to review and acceptance by the City and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Katie E. Horak, Principal B. Hannah Simonson, Project Manager
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
THIS PAGE INTENTIONALLY LEFT BLANK
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
A. The contract sum $53,060.00 includes 46 properties @ $1,110.00 per property. Should
the City decide to proceed with SCCIC Records Search, an additional lump sum fee of
$2,000.00 will be added- included in the contract sum.
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as a part of the final payment upon satisfactory completion of
services. NA
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the
hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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EXHIBIT “C-1”
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following
schedule:
A. The consultant will complete the work in 8-weeks from commencing the
project.
II. Consultant shall deliver the following tangible work products to the City
A. Project Start-up and Coordination
B. Site Visit
C. Research & Review of Existing Documentation
D. Draft and Revised Draft Built Environment Resources Study
E. Final Built Environment Resources Study
III. The Contract Officer may approve extensions for performance of the
services in accordance with Section 3.2.
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February 18, 2026
Brandy Forbes
Community Development Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
bforbes@rpvca.gov
RE: Greater Portugues Bend Landslide FEMA Built Environment Resources Study
Dear Ms. Forbes:
Architectural Resources Group (ARG) is pleased to provide this proposal for a Built Environment Resources
Study (“the Study”) for the Hazard Mitigation Grant Program (HMGP) Voluntary Property Buyout Program
related to the Greater Portuguese Bend Landslide area in Rancho Palos Verdes. We are familiar with this
area of Rancho Palos Verdes from our work documenting and deconstructing Wayfarers Chapel, and
understand the urgency of this project.
Project Understanding
We understand that the Federal Emergency Management Agency (FEMA) has submitted a Request for
Information to the City of Rancho Palos Verdes (Client) that solicits background information and a
determination of eligibility for 46 properties for listing in the National Register of Historic Places (National
Register). We understand that all of the 22 primary properties and 24 alternate/additional properties for
the Voluntary Property Buyout Program have been red-tagged or yellow-tagged due to structural damage,
and are single-family residences that generally date to the 1950s.
ARG staff who would be responsible for preparation of the Study and evaluation are qualified
architectural historians who meet the Secretary of the Interior’s Professional Qualifications Standards.
Scope of Services
The scope is limited to the following tasks:
1.Project Start-up and Coordination
a.Virtual meeting with City of Rancho Palos Verdes (Client) Community Development
Department staff to confirm scope and content of the Study, and any coordination for site
access and archival materials.
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b.On-going communication with the Client throughout the course of the project.
2.Site Visit
a.Field survey of 46 properties to document and photograph all exterior façades (as safely
accessible), architectural features, construction materials, and visible alterations.
3.Research & Review of Existing Documentation
a.Review of the Built Environment Resource Directory (BERD) of non-archaeological resources
in the Office of Historic Preservation’s (OHP) inventory, available online.
b.Review of County Assessor property records and City of Rancho Palos Verdes building
permits, as provided by the Client.
c.Targeted archival research at relevant online and local repositories, which may include the
Los Angeles Public Library, Palos Verdes Historical Society, historical newspaper databases,
and public records available through Ancestry.com.
4.Draft and Revised Draft Built Environment Resources Study
a.ARG will develop the Draft Study to include the information requested by FEMA. It will
include:
i.Introduction and methodology;
ii.Summary of findings;
iii.A brief physical description of each built environment resource present on the 46
properties;
iv.A focused historic context on postwar residential development in Rancho Palos
Verdes;
v.Brief property histories for each of the 46 properties, including year of construction,
architect or builder (if identified during research), biographical information about
any notable owners or occupants; and a summary of known building alterations;
vi.An individual evaluation of the historic significance and integrity of the resources
for each property with respect to National Register criteria;
vii.Photographs of the exterior of each of the 46 properties;
viii.One round of revisions based on consolidated written comments from the Client,
and submittal of the Revised Draft Study.
5.Final Built Environment Resources Study
a.One round of revisions based on consolidated written comments from FEMA, and submittal
of the Final Study.
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6.South Central Costal Information Center (SCCIC) Records Search (Optional)
a.Responses to SCCIC records search requests for California Historical Resource Information
System (CHRIS) records can take many weeks, and based on the RFI from FEMA, it appears
that the information provided in OHP’s Built Environment Resource Directory (BERD) online
will provide a sufficient level of information required for this project.
b.ARG has provided an optional fee for an in-person SCCIC records search, if one is deemed
necessary.
Schedule
ARG is available to begin immediately upon receiving Client authorization to proceed. The Draft S tudy will
be submitted to the Client within eight (8) weeks of commencing the project.
Fee
We propose to complete the required scope of work (Tasks 1-5) described above for a lump sum fee of
$51,060.00, inclusive of reimbursable expenses. The lump sum fee, divided by 46 properties, equates to
$1,110.00 per property; however, it should be noted that the proposed fee assumes combined site visits
and development of a shared residential development context.
Should the City decide to proceed with Optional Task 6 (SCCIC Records Search), we propose an additional
lump sum fee of $2,000.00.
Assumptions and Exclusions
This scope of services assumes:
•Client will coordinate exterior access to all private properties for site visits and photography;
•No more than two (2) days of site visits;
•Client will provide building permit records for all properties;
•Client will provide residential property records from the County Assessor, or will coordinate
owner permission for ARG to access County Assessor records.
•ARG assumes that archaeological resources and/or Tribal Cultural Resources will be addressed,
as needed, in a separate report prepared by a professionally qualified archaeologist.
•Client will coordinate submittal of deliverables to FEMA.
The following items are currently excluded from our scope but may be added as an additional service if
desired:
•Evaluation of properties based on California Register of Historical Resources eligibility criteria;
•Editing of GIS data or preparation of maps;
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•Documentation and evaluation of additional properties beyond the 46 properties included in this
scope;
•Preparation of State of California Department of Parks and Recreation (DPR) 523 survey forms ;
•Community outreach or engagement with interested parties and stakeholders;
•Analysis of potential effects or impacts to historic resources;
•Attendance or presentation at meetings, public hearings, or community forums beyond those
specified above.
We are happy to answer any questions regarding the contents of our proposal and look forward to the
potential of working with you on this project.
Sincerely,
Katie E. Horak Hannah Simonson
Principal Project Manager
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