19 FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
20 CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
21 NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 22 NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Joe SanClemente
John M. Cruikshank Consultants,
Inc.
411 N. Harbor Blvd, Ste.201
San Pedro, CA 90731
ATTN: Khaled Abdo
616
City of Hermosa Beach
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
23 ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered 617
City of Hermosa Beach
via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 24 FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 25 TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
26 ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
27 STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
28 OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.
29 USE OF LOGO. The CITY grants the CONSULTANT permission to use its name, logo and/or trademark in deliverables produced by the CONSULTANT on the behalf of the CITY, such as written reports, presentation slides, press releases, social media graphics, and other public outreach materials. The CITY’s prior review of artwork and written approval is required for any use of CITY logo. CITY will provide an electronic copy of the most current logo to the CONSULTANT for use in materials. The CONSULTANT will, in turn, only use the most current logo of the CITY.
30 DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
618
City of Hermosa Beach
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
31 COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF HERMOSA BEACH CONSULTANT
[MAYOR/CITY MANAGER] By: NAME/TITLE
619
City of Hermosa Beach
ATTEST:
Myra Maravilla, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Patrick Donegan, City Attorney
620
City of Hermosa Beach
Exhibit A
On-Call Civil Engineering Scope of Services
The Consultant shall assist the City’s Public Works Department in the preparation of the designs of Capital Improvement Projects (CIPs) and other as-needed work in support of the Department’s programs, plans, and services. Consultants must have the expertise, experience, and demonstrate resources available to perform the work described below:
The scope of work includes, but is not limited to, the following services:
Design of various Capital Improvement Projects (CIPs) in support of the Public Works Department (i.e., plans, specifications, cost estimates, permits, supporting analysis, coordination, etc.)
Structural inspection and design, including but not limited to the municipal pier (above and below water), parking structures, buildings, and retaining walls, etc. Design of roadway resurfacing projects including sidewalk improvements and curb ramps to current accessibility standards, pedestrian safety improvements, enhanced signage and markings, traffic signal modifications, etc. Utility infrastructure analysis and design (e.g., storm drains and sewer) Land Surveying (e.g., design level survey, right-of-way investigations, map/easement and legal description preparation, etc.)
Geotechnical Engineering (e.g., soils report, slope stability, retaining walls, etc.) Electrical engineering for evaluation and design of street and park lighting, etc. Construction Support services including, but not limited to, attending construction meetings, responding to requests for information, inspection, reviewing contract submittals, and evaluating design changes during construction. Agency and Permit Coordination in support of the design and approval of City CIP projects and other maintenance needs (i.e., Caltrans coordination and permits, California Coastal Commission, Los Angeles County, etc.) Assist with development of engineering design standards, guidelines, and procedures in support of the Public Works Department.
621
28 RATE
SCHEDULE
622
Corporate: 411 N. Harbor Boulevard, Suite 201, San Pedro, CA 90731 Los Angeles: T 310-241-6550 www.jmc-2.com
Orange County: T 714-444-2422
ENGINEERING
HOURLY RATE SCHEDULE
Effective January 2023
EXPERT WITNESS $ 400.00
PRINCIPAL-IN-CHARGE $ 250.00
SENIOR PROJECT MANAGER $ 225.00
PROJECT MANAGER $ 210.00
PROJECT ENGINEER $ 195.00
ENGINEER III $ 180.00
ENGINEER II $ 165.00
ENGINEER I $ 150.00
PROJECT DRAFTER $ 165.00
DRAFTER/CAD OPERATOR $ 135.00
ADMINISTRATIVE/SECRETARY $ 100.00
Reimbursable Expenses Per Unit Charge
In-house large format copy service $ 5/print
In-house black and white plots $ 30/plot
In-house color plots $ 60/plot
Color Copies $ 0.65/page
Outside printing/media services Cost + 15%
Postage/delivery service (1) Cost + 15%
Travel: Air Fare, Car Rental, Meals, Lodging Cost + 15% Company Vehicle Maximum allowed by IRS
Notes:
(1) Plans are sent out to clients via Overnight mail unless otherwise directed by Client. (2) Hourly rates will be updated on an annual basis throughout the duration of the project, and services will be billed at the hourly rates in place at the time the service is provided. 623
LRS Program Delivery, Inc.
Rate Schedule
Labor Category 2023 2024 2025 20252 2027
Executive / SME I $334.20 $350.91 $368.46 $386.88 $406.22 Executive / SME II $273.59 $287.27 $301.63 $316.71 $332.55 Program / Technical Director I $293.73 $308.42 $323.84 $340.03 $357.03 Program / Technical Director II $248.54 $260.97 $274.02 $287.72 $302.10 Manager / Senior Specialist I $238.88 $250.82 $263.37 $276.53 $290.36 Manager / Senior Specialist II $235.05 $246.80 $259.14 $272.10 $285.70 Manager / Senior Specialist III $214.61 $225.34 $236.61 $248.44 $260.86 Manager / Senior Specialist IV $194.28 $203.99 $214.19 $224.90 $236.15 Engineer / Specialist I $177.83 $186.72 $196.06 $205.86 $216.15 Engineer / Specialist II $149.33 $156.80 $164.64 $172.87 $181.51 Engineer / Specialist III * $126.79 $133.13 $139.79 $146.78 $154.11 Engineer / Specialist IV * $107.64 $113.02 $118.67 $124.61 $130.84 Clerical / Associate I * $98.65 $103.58 $108.76 $114.20 $119.91 Clerical / Associate II * $78.06 $81.96 $86.06 $90.36 $94.88 Clerical / Associate III * $75.00 $78.75 $82.69 $86.82 $91.16 Clerical / Associate IV * $53.98 $56.68 $59.51 $62.49 $65.61 624
Ninyo & Moore | City of Hermosa Beach | Proposal No. S04-03941 | January 31, 2023 CA15 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist.............................................. $ 220 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 210 Senior Project Engineer/Geologist/Environmental Scientist................................................................................... $ 200 Project Engineer/Geologist/Environmental Scientist............................................................................................... $ 195 Senior Staff Engineer/Geologist/Environmental Scientist....................................................................................... $ 180 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 165 GIS Analyst .............................................................................................................................................................. $ 145 Technical Illustrator/CAD Operator.......................................................................................................................... $ 120 Field Staff
Certified Asbestos/Lead Technician........................................................................................................................ $ 200 Field Operations Manager....................................................................................................................................... $ 130 Nondestructive Examination Technician (UT, MT, LP)........................................................................................... $ 125 Supervisory Technician ........................................................................................................................................... $ 120 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................ $ 115 Senior Technician.................................................................................................................................................... $ 115 Technician................................................................................................................................................................ $ 110 Administrative Staff
Information Specialist .............................................................................................................................................. $ 100 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 100 Data Processor........................................................................................................................................................ $ 80 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr Inclinometer......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form. 625
Ninyo & Moore | 2021 Laboratory Testing
Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293.....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 55 Moisture Only, D 2216, CT 226.................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 6913, CT 202................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ........................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142....................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791............................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39.....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109..................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289...................$ 475 Fireproofing Density Test, UBC 7-6...........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136.................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. 626
T&M Surveying, Inc.
Rate Sheet:
Survey/Mapping: Hourly Rate
Professional Land Surveyor $150.00
Project Surveyor $100.00
CADD Technician $ 90.00
2 Man Crew $200.00
3 Man Crew $260.00
Prevailing Wage
2 Man Crew $275.00
3 Man Crew $350.00
**Note: There is a 4-, 6-, and 8-hour minimum charge for field survey work 627
CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE ON-CALL CIVIL ENGINEERING
SERVICES
BETWEEN THE CITY OF HERMOSA BEACH AND MICHAEL BAKER INTERNATIONAL This AGREEMENT is entered into this 28 day of February 2023, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Michael Baker International, a Corporation (“CONSULTANT”).
R E C I T A L S
A. The City desires to obtain on-call civil engineering services for CIP and Non-CIP Projects.
B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work.
C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:
1 CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONSULTANT a total amount not-toexceed $1,000,000.00, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
CITY OF HERMOSA BEACH
1315 Valley Drive, Hermosa Beach, CA, 90254
628
City of Hermosa Beach
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. 2 SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.
Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3 PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.”
4 TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. 5 FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6 KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Sarmad Farjo. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.
7 TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on February 28, 2028, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.
8 CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum 629
City of Hermosa Beach
and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
9 TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
10 PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 11 TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
12 INDEMNIFICATION. To the extent permitted by law, CONSULTANT shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT. CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligence, recklessness or willful misconduct. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation to the extent such fees, costs and all other costs are determined by the court of competent jurisdiction to have been caused by the actual negligence, recklessness or willful misconduct of the Consultant. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and 630
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obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 13 ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. 14 INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 15 AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16 CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
17 INSURANCE REQUIREMENTS.
A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of 631
City of Hermosa Beach
subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows.
CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
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3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements.
The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.
18 USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.
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19 FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
20 CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
21 NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 22 NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Joe SanClemente
Michael Baker International
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
ATTN: Sarmad Farjo
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City of Hermosa Beach
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
23 ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered 635
City of Hermosa Beach
via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 24 FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 25 TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
26 ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
27 STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
28 OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.
29 USE OF LOGO. The CITY grants the CONSULTANT permission to use its name, logo and/or trademark in deliverables produced by the CONSULTANT on the behalf of the CITY, such as written reports, presentation slides, press releases, social media graphics, and other public outreach materials. The CITY’s prior review of artwork and written approval is required for any use of CITY logo. CITY will provide an electronic copy of the most current logo to the CONSULTANT for use in materials. The CONSULTANT will, in turn, only use the most current logo of the CITY.
30 DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
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City of Hermosa Beach
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
31 COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF HERMOSA BEACH CONSULTANT
[MAYOR/CITY MANAGER] By: NAME/TITLE
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City of Hermosa Beach
ATTEST:
Myra Maravilla, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Patrick Donegan, City Attorney
638
City of Hermosa Beach
Exhibit A
On-Call Civil Engineering Scope of Services
The Consultant shall assist the City’s Public Works Department in the preparation of the designs of Capital Improvement Projects (CIPs) and other as-needed work in support of the Department’s programs, plans, and services. Consultants must have the expertise, experience, and demonstrate resources available to perform the work described below:
The scope of work includes, but is not limited to, the following services:
Design of various Capital Improvement Projects (CIPs) in support of the Public Works Department (i.e., plans, specifications, cost estimates, permits, supporting analysis, coordination, etc.)
Structural inspection and design, including but not limited to the municipal pier (above and below water), parking structures, buildings, and retaining walls, etc. Design of roadway resurfacing projects including sidewalk improvements and curb ramps to current accessibility standards, pedestrian safety improvements, enhanced signage and markings, traffic signal modifications, etc. Utility infrastructure analysis and design (e.g., storm drains and sewer) Land Surveying (e.g., design level survey, right-of-way investigations, map/easement and legal description preparation, etc.)
Geotechnical Engineering (e.g., soils report, slope stability, retaining walls, etc.) Electrical engineering for evaluation and design of street and park lighting, etc. Construction Support services including, but not limited to, attending construction meetings, responding to requests for information, inspection, reviewing contract submittals, and evaluating design changes during construction. Agency and Permit Coordination in support of the design and approval of City CIP projects and other maintenance needs (i.e., Caltrans coordination and permits, California Coastal Commission, Los Angeles County, etc.) Assist with development of engineering design standards, guidelines, and procedures in support of the Public Works Department.
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HOURLY RATE SCHEDULE*
February 1, 2023, through December 31, 2023
OFFICE PERSONNEL $/ Hour
Principal/QC Manager ....................................................................................................... $300.00 - $350.00 Senior Project Manager ..................................................................................................... $270.00 - $300.00 Project Manager/Technical Manager ................................................................................ $230.00 - $270.00 Senior Engineer ................................................................................................................. $195.00 - $230.00 Project Engineer ................................................................................................................ $165.00 - $195.00 Design Engineer ................................................................................................................. $150.00 - $165.00 Designer/Staff Engineer .................................................................................................... $125.00 - $150.00 Administrative Support ....................................................................................................... $95.00 - $125.00 Intern ..................................................................................................................................... $60.00 - $75.00 SURVEY PERSONNEL (Subject to Prevailing Wage)
2-Person Survey Crew ....................................................................................................... $305.00 - $335.00 1-Person Survey Crew ....................................................................................................... $190.00 - $220.00 Licensed Surveyor .............................................................................................................. $180.00 - $270.00
CONSTRUCTION MANAGEMENT PERSONNEL
Principal Construction Manager ........................................................................................ $275.00 - $315.00 Construction Manager ....................................................................................................... $200.00 - $300.00 Senior Inspector ................................................................................................................ $150.00 - $190.00 Construction Inspector/Technician ................................................................................... $120.00 - $160.00 * The hourly rates shown above are subject to a five percent (5%) annual escalation commencing January 1, 2024, and annually thereafter based on the Consumer Price Index for the preceding 12-month period.
Placement of individual staff within the rate ranges provided above are determined by skill level and years of experience.
Blueprinting, reproduction, messenger service, and other project expenses will be charged at direct cost.
Vehicle mileage will be charged as an additional cost at the IRS approved rate. Overtime will be billed in accordance with Fair Labor Standards Act (FLSA) requirements. 640
GROUP DELTA CONSULTANTS, INC.
FEE SCHEDULE AND TERMS & CONDITIONS 2023 *
CITY OF HERMOSA BEACH RFQ 23-001
HOURLY CHARGES FOR PERSONNEL
(Engineer/Geologist/Scientist)
PRINCIPAL $255
ASSOCIATE $230
SENIOR $210
PROJECT $190
SENIOR STAFF $175
STAFF $165
SENIOR PRINCIPAL $300
DESIGNER / ILLUSTRATOR / AUTOCAD $105
TECHNICAL / PROJECT SUPPORT / ADMIN $90
DRIVER /PICKUP & DELIVERY OF SAMPLES $95
TESTING & INSPECTION SERVICES
PROJECT MANAGER $195
QUALITY CONTROL MANAGER $175
LABORATORY MANAGER $150
SENIOR ENVIRONMENTAL TECHNICIAN $145
ENVIRONMENTAL TECHNICIAN $110
TECHNICIAN / INSPECTOR - PREVAILING WAGE $135
TECHNICIAN / INSPECTOR – NON-PREVAILING WAGE $100
TECHNICIAN / LABORATORY TESTING $100
CHARGES FOR EQUIPMENT
VEHICLE:
FIELD VEHICLE $8/hour
MILEAGE (PER CURRENT IRS RATES) $ 0.585/mile
NUCLEAR DENSITY GAUGE $8/hour
PHOTO IONIZATION DETECTOR $40/hour
XRF DEVICE $110/day
HAZARDOUS GAS SAFETY MONITOR $30/hour
OTHER CHARGES
Outside services will be charged at cost plus 15 percent (15%). Technician and support personnel time for work over eight (8) hours per day will be charged at 1.5 times the regular rates. Holidays, hours over twelve (12) per day, and all weekends hours will be charged at 2.0 times the regular rates. Prevailing wage hourly rates will be increased in accordance with the Department of Industrial Relations annual increases as they take effect.
Fees for participation in deposition, arbitration, trial, etc., will be charged at an hourly rate of $500 per hour, 4-hour minimum, portal to portal.
641
LaBelle Marvin, Inc.
PROFESSIONAL PAVEMENT ENGINEERING
2700 South Grand Avenue
Santa Ana, CA 92705
PH 714-546-3468
Effective: January 1, 2023 - January 1, 2024
A. PROFESSIONAL ENGINEERING SERVICES
$265.00/hr
$195.00/hr
$195.00/hr
$170.00/hr
$90.00/hr
$425.00/hr
$550.00/hr
$195.00/hr
$195.00/hr
AutoCAD Designer $195.00/hr
$200.00/hr
GIS Specialist $190.00/hr
$100.00/hr $150.00/hr $140.00/hr $195.00/hr
$100.00/hr $150.00/hr
$110.00/hr $165.00/hr $155.00/hr $205.00/hr
B. TESTING EQUIPMENT
$3,850.00/day $1,750.00/Half Day
$3,850.00/day $1,750.00/Half Day
$95.00/hr
Nuclear Gauge Equipment $20.00/hr
AC Coring (Disposables) $10.00/inch
PCC Coring (Disposables) $14.00/inch
Core Trimming - Per Cut $40.00cut
Temporary Lane Closures - Local/Arterial $2,550.00/day $2,855.00/day Shadow Vehicle - Local/Arterial $1,850.00/day $2,105.00/day Traffic Control Truck (Minor Streets) $250.00/hr
Task Std. Rate Special Rates Prevailing Wage
Rates
Prevailing Wage
(OT)
7. TRAFFIC CONTROL
4. TECHNICIAN STAFF
Field Technicians
Laboratory Staff
Field Technicians - Nuclear Gauge
5. TESTING EQUIPMENT
FWD Deflection Testing Equipment
Ground Penetrating Equipment
Pavement Coring Equipment
6. EQUIPMENT SURCHARGES
Expert Witness
Deposition
3. SPECIALTY
FWD Data Analyst
Ground Penetrating Radar Specialist
Profilograph Data Analyst
Principal Engineer
Project Engineer
Project Manager
Engineering Aide
Report Preparation / Office Support
2. EXPERT WITNESS
LABELLE MARVIN, INC. - 2023 SCHEDULE OF FEES
1. ENGINEERING STAFF
Std. Rate Overtime Rate Prevailing Wage
Rates
Prevailing Wage
(OT) Key Personnel
2023 SCHEDULE OF FEES
File: 2023 LaBelle Marvin Inc Schedule of Fees_Inhouse with Codes. Page 1 of 4 Print Date: 1/3/2023...8:49 AM 642 C. LABORATORY TESTING
Std. Rate ASTM CALTRANS
Sieve Analysis, Coarse $100.00 C136 202-C
Sieve Analysis, Fine (wash) $120.00 C136 202-C
Specific Gravity, Bulk SSD, Coarse $110.00 C127 206
Specific Gravity, Fine $250.00 128 207
Absorption, Coarse $100.00 C127 206
Absorption, Fine $145.00 C128 207
Sand Equivalent (Ave. 3) $120.00 D2419 217
Durability Factor, Coarse or Fine $175.00 D3744 229
Cleanness Value $175.00 227
Los Angeles Rattler $365.00 C131 211
Unit Weight $110.00 C29 212
Plasticity Index $200.00 D424 204
Maximum Density and Optimum Moisture $230.00 D1557 216
R-Value $275.00 D2844 301
R-Value (Lime Treated) $365.00
R-Value (Supplier) $235.00 D2844 301
California Bearing Ratio (CBR) $550.00 D1883
California Bearing Ratio (CBR) - 1 Point $250.00
California Bearing Ratio (CBR) - Lime Treated $660.00
pH - Per Determination $130.00 C977
Retained Strength $495.00
pH – Eades & Grimm $500.00
Unconfined Compression $95.00
Muffle Oven/Organic Content $165.00
Sulfate Testing $275.00
Crushed Particle $150.00 205
Flat & Elongated Particle $240.00 D4791
Angularity $210.00
Moisture Content $45.00 D2216 226
Subgrade Density (Drive Tube) $110.00 D2937
8. SOILS, AGGREGATES AND AGGREGATE BASE
File: 2023 LaBelle Marvin Inc Schedule of Fees_Inhouse with Codes. Page 2 of 4 Print Date: 1/3/2023...8:49 AM 643 C. LABORATORY TESTING (Continued)
Std. Rate ASTM CALTRANS
Emulsion, Cement or Lime Stabil. Inv. By Quote
Investigation, Design, Spec. and QC By Quote
Flexural Strength (Single Break) $115.00 523
Mix Design Reviews By Quote
Slump Test (in Field) By Quote
Asphalt Concrete Mix Design, Marshall Stability By Quote Hveem Stabilometer Method By Quote
Gyratory Maximum Density $230.00
Stability Tests - Hveem (s-Value) $300.00 D1560_D1561 304_366 Stability Tests - Marshal Stability & Flow $330.00
Stability Tests - Moisture Vapor Susceptility $330.00 307 Stability Tests - Swell $210.00 305
Stability Tests - Combined Marshall and Retained Stability $440.00 Maximum Lab. Density - Marshall or Hveem $230.00
Maximum Lab. Density - (Rice Gravity) Max. Theoretical Unit W $145.00 D2041 Tensile Strength Ratio (TSR) $825.00
Tensile Strength Ratio (TSR) - Freeze/Thaw $880.00
Tensile Strength Ratio (TSR – CT 371) $1,950.00
Binder Content - Ignition Oven $270.00 382
pH – on Emulsion $130.00
Soundness $315.00 C88
Extraction, % Asphalt (Reflux) $270.00 D2172
Solvent Charge (Reflux) $90.00 for D2172*
% Rubber $110.00
Extraction, % Asphalt Recovery (Abson Method) $400.00 D2172_D1856 Gradation of Extracted Aggregate $120.00 C136 202
Density and Thickness on Core Samples $65.00 D1188_D2726_D3549 308 Stripping (pre-mixed sample) $140.00 D1664 302
Permeability, VDOT $250.00
Cohesion $265.00
Compatibility $125.00
Drain Down $330.00
R.T.F.C $320.00 D2872 346
R.T.F.C. - w/ Loss on Heating $385.00 D2872 346
Absolute Viscosity @ 140F° (60C°), Poise $200.00 D2171
Haake Viscosity (Caltrans LP 11) $200.00
Kinematic Viscosity @ 275F° (135C°) or 140F° (60C°), cSt, $200.00 D2170 Penetration @ 77F° (25C°), 100g/5 sec $110.00 D5
Penetration After Treatment w/ Rejuvenating Agent $145.00 Ductility @ 77F° (25C°), cm. $300.00 D113
Flash Point, COC or Pensky-Martens $190.00 D92_D93
Softening Point $190.00 D36
Solubility in Trichloroethylene, % $220.00 D2042
Spot Test, AASHTO T 102 $165.00
Specific Gravity $145.00 D70
9. SOILS, AGGREGATES AND AGGREGATE BASE
10. PORTLAND CEMENT CONCRETE
11. ASPHALT CONCRETE
12. ASPHALT CEMENT
File: 2023 LaBelle Marvin Inc Schedule of Fees_Inhouse with Codes. Page 3 of 4 Print Date: 1/3/2023...8:49 AM 644 C. LABORATORY TESTING (Continued)
Std. Rate ASTM CALTRANS
Viscosity SSF @ 77F° (25C°), sec. $195.00 D244
Viscosity SSF @ 122F° (50C°) $220.00
Settlement Five or Seven Day, % $485.00 D244
Demulsibility $145.00 D244
Particle Charge $175.00 D244 343
Sieve Test, % $125.00 D244
Cement Mixing Test $190.00 D244
Distillation and Percent Oil Determination $365.00 D402_D244 Residue by Evaporation Cook-Off or CA Method 330 $190.00 331 Wet Track Abrasion Test (WTAT) $135.00 D3910
Storage Stability, One Day $485.00 D244
Float Test $135.00 D139_D244
Cone Penetration $135.00 D243_D5
Solids Content by Muffle Oven Burn-Off AASHTO T 267 $165.00 Resiliency $120.00
Torsional Recovery $485.00
Elastic Recovery $110.00
Pavement Seal - Non Volatile Components $120.00
D. MISC.
Per Diem By Quote
Mileage $0.75/mi
$250.00/hr
Show-up time and no inspection performed or failure to cancel before 3:30 p.m. on the previous working day, two hours; one to four hours, four hour minimum; four to eight hours, eight hour minimum. Hourly charges will be on a portal to portal basis.
First eight hours between 7:00 a.m. and 5:00 p.m. Monday through Friday.
Over eight hours worked in one day (Monday through Friday), work before 7:00 a.m. and after 5:00 p.m., Sat and Sun., time and a half will be charged.
Double time and a half will be charged for work performed on holidays.
Special schedule nighttime field work between the hours of 6:00 p.m. and 6:00 a.m. will be subject to a 25% premium of the Regular Time hourly rate.
Where location of work demands, a subsistence will be charged on a pre-arranged rate prior to commencement of inspection and/or testing service.
Outside services and reimbursable expenses such as rental of special equipment, fabrication of special test apparatus Air fares and car rental will be charged at cost plus fifteen percent.
Hourly, Daily, Weekly, or Monthly Nuclear Gauge surcharges apply Rates has been provided for your convenience. The cost of additional tests will be furnished upon request.
A preparation charge will be added to all samples submitted to our laboratory that are not ready for testing.
This preparation charge will be based on the actual time required at the Laboratory Technician's rate per hour.
Engineering time and Office Support charges may apply.
Mobilization
13. ASPHALT CEMENT
14. MOBILIZATION COSTS
OUTSIDE SERVICES AND REIMBURSABLE EXPENSES
*COMPACTION TESTING
MATERIALS TESTING
MINIMUM HOURLY CHARGES
REGULAR HOURLY CHARGES
OVERTIME HOURLY CHARGES
SUBSISTENCE
File: 2023 LaBelle Marvin Inc Schedule of Fees_Inhouse with Codes. Page 4 of 4 Print Date: 1/3/2023...8:49 AM 645 Counts Unlimited Inc.
RATES – OTHER DIRECT COSTS
(ODC) 2023-2026
Turning Movement Counts
Standard Turning Movement Count
2 Hour AM / 2 Hour PM – One Person $160
2 Hour AM / 2 Hour PM – Two People $320
Classified Turning Movement Count
2 Hour AM / 2 Hour PM – One Person $180
2 Hour AM / 2 Hour PM – Two People $360
Pedestrian / Bicycle Counts (with turning movement count) $10 (upon request) 24 Hour Tube Counts
Entering Volume
Directional Volume
Classification/Speed
2 lane roadway low volume 1 counter
2 lane roadway high volume 1 counter
4 lane roadway 2 counters 8 tubes
6 lane roadway 3 counters 12 tubes
Radar Speed Surveys
1 Hour or 100 cars; whichever comes first
Signal/Stop Warrants
Parking lot accumulation/Fieldwork
Intersection Diagrams / Signal Phasing
GPS Travel Time Studies
$50 per approach
$100 per site
$150 per site
$175 per site
$200 per site
$300 per site
$85 each
$65 each
$50 per hour
$40 per intersection
email for quote
Mileage billed at current IRS rate of $0.65.5/mile (subject to change annually) Counts Unlimited, Inc. ▪ PO Box 1178 ▪ Corona, CA 92878 ▪ T 951 268 6268 ▪ F 951 268 6267 ▪ www.countsunlimited.com 646
14280 Euclid Ave
Chino, CA 91710
1-888-90-BELOW
www.cbelow.com Page 1
Service Cost
Ground Penetrating Radar
GPR | Certifi ed Supervising Technician.............................................................................................................. $ 195.00 per hour GPR | Trained Certifi ed Assistant Technician...................................................................................................... $ 175.00 per hour Travel Time | Mobilization technician plus equipment......................................................................................... $ 135.00 per hour Travel Time | Mobilization crew plus equipment.................................................................................................. $ 225.00 per hour Utility Locating - Electromagnetic Locator
Locating | Certifi ed Supervising Technician.........................................................................................................$ 195.00 per hour Locating | Trained Certifi ed Assistant Technician................................................................................................ $ 175.00 per hour Travel Time | Mobilization technician plus equipment......................................................................................... $ 135.00 per hour Travel Time | Mobilization crew plus equipment.................................................................................................. $ 225.00 per hour Mapping
Mapping | Supervising Tech................................................................................................................................ $ 230.00 per hour Drafting | In-house drafting in AutoCAD.............................................................................................................. $ 125.00 per hour Manhole Dip | Record depth from rim of manhole to invert of pipe..................................................................... $ 150.00 per hole Travel Time | Mobilization technician plus equipment......................................................................................... $ 135.00 per hour Travel Time | Mobilization crew plus equipment.................................................................................................. $ 225.00 per hour CCTV Pipe Inspection
CCTV Robotic Camera Pipe Inspection | For lines greater than 8 inches, includes locating and video............. $ 385.00 per hour CCTV Push Camera Pipe Inspection | For lines smaller than 8 inches, includes locating and video................. $ 365.00 per hole CCTV Lateral Locating | Remote camera launch, includes locating and video for one lateral............................$ 50.00 per lateral.
Water Jetting | Trailer mounted unit, jetting to clear blocked lines up to 8 inches in diameter............................ $ 450.00 per hour Water Jetting | Pipe cleaning utilizing vac-truck.................................................................................................. $ 585.00 per hour Travel Time | Mobilization technician plus equipment......................................................................................... $ 135.00 per hour Travel Time | Mobilization crew plus equipment..................................................................................................$ 225.00 per hour Potholing
Standard Pothole 1’ x 1’ x 0’ - 5’ deep................................................................................................................. $ 625.00 per hole Pothole 1’ x 1’ x 5’-10’ deep................................................................................................................................ $ 675.00 per hole Pothole 1’ x 1’ x 10’ - 15’ deep............................................................................................................................. $ 885.00 per hole Pothole 1’ x 1’ x 15’ - 20’ deep............................................................................................................................. $ 1,250.00 per hole Pothole 1’ x 1’ x 20’ - 25’ deep............................................................................................................................ $ request quote Traffi c Control | Basic 0 - 25 MPH....................................................................................................................... $ 900.00 per day Traffi c Control | Standard 25 - 55 MPH............................................................................................................... $ 1250.00 per day Traffic Control | Extensive................................................................................................................................... $ 1,500.00 per day Traffic Control | Half day..|..25-55 MPH.............................................................................................................. $ 625.00 per day Traffi c Control Plans | Engineered Stamped Plans............................................................................................. $ 550.00 per page Flagman.............................................................................................................................................................. $ 175.00 per hour Potholing Hourly Crew | Includes surface breaking, sand backfill, and permanent cold patch repair................ $ 585.00 per hour Potholing Hourly Single Tech | Includes vac-truck, no surface breaking, backfill, or patching........................... $ 375.00 per hour Keyhole Coring | Includes utilibond..................................................................................................................... $ 250.00 per hole Vacuum Excavation Spoil Removal and Dump Fee | Removal of excavated spoils and dumping of material... $ 550.00 per trip Prevailing Wage
647
14280 Euclid Ave
Chino, CA 91710
1-888-90-BELOW
www.cbelow.com Page 2
Service Cost
Potholing Continued
Hot Patching | Standard 2’ x 2’ area.................................................................................................................... $ request quote Slurry Backfi ll.......................................................................................................................................................$ request quote Pothole Report | Drafting time to generate PDF.................................................................................................. $ 250.00 per report Travel Time | Mobilization technician plus equipment......................................................................................... $ 265.00 per hour Travel Time | Mobilization crew plus equipment.................................................................................................. $ 285.00 per hour Additional Fees
Administration / Project Coordination.................................................................................................................. $ 95.00 per hour Per Diem | Per technician................................................................................................................................... $ 150.00 per day Permit Costs | 3rd party....................................................................................................................................... $ +10% markup C Below Terms & Conditions apply to all services.
* 15% Overtime charges applies to all services for Saturday work and off hours 6:00 pm - 6:00 am * 20% Overtime charges applies to all services for Sunday work * All services will be billed within the 4 & 8 hour minimum Prevailing Wage
648
CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE ON-CALL CIVIL ENGINEERING
SERVICES
BETWEEN THE CITY OF HERMOSA BEACH AND KIMLEY-HORN & ASSOCIATES, INC This AGREEMENT is entered into this 28 day of February 2023, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Kimley-Horn & Associates, Inc., a Corporation (“CONSULTANT”).
R E C I T A L S
A. The City desires to obtain on-call civil engineering services for CIP and Non-CIP Projects.
B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work.
C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:
1 CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONSULTANT a total amount not to exceed $1,000,000.00, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
CITY OF HERMOSA BEACH
1315 Valley Drive, Hermosa Beach, CA, 90254
649
City of Hermosa Beach
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. 2 SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.
Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3 PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.”
4 TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. 5 FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6 KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Justin Gatza. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.
7 TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on February 28, 2028, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.
8 CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum 650
City of Hermosa Beach
and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
9 TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
10 PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 11 TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
12 INDEMNIFICATION. To the extent permitted by law, CONSULTANT shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT. CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligence, recklessness or willful misconduct. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation to the extent such fees, costs and all other costs are determined by the court of competent jurisdiction to have been caused by the actual negligence, recklessness or willful misconduct of the Consultant. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and 651
City of Hermosa Beach
obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 13 ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. 14 INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 15 AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16 CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
17 INSURANCE REQUIREMENTS.
A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of 652
City of Hermosa Beach
subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows.
CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
653
City of Hermosa Beach
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements.
The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.
18 USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.
654
City of Hermosa Beach
19 FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
20 CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
21 NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 22 NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Joe SanClemente
Kimley-Horn & Associates, Inc.
660 South Figueroa Street, Suite
2050
Los Angeles, CA 90017
ATTN: Justin Gatza
655
City of Hermosa Beach
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
23 ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered 656
City of Hermosa Beach
via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 24 FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 25 TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
26 ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
27 STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
28 OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.
29 USE OF LOGO. The CITY grants the CONSULTANT permission to use its name, logo and/or trademark in deliverables produced by the CONSULTANT on the behalf of the CITY, such as written reports, presentation slides, press releases, social media graphics, and other public outreach materials. The CITY’s prior review of artwork and written approval is required for any use of CITY logo. CITY will provide an electronic copy of the most current logo to the CONSULTANT for use in materials. The CONSULTANT will, in turn, only use the most current logo of the CITY.
30 DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
657
City of Hermosa Beach
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
31 COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF HERMOSA BEACH CONSULTANT
[MAYOR/CITY MANAGER] By: NAME/TITLE
658
City of Hermosa Beach
ATTEST:
Myra Maravilla, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Patrick Donegan, City Attorney
659
City of Hermosa Beach
Exhibit A
On-Call Civil Engineering Scope of Services
The Consultant shall assist the City’s Public Works Department in the preparation of the designs of Capital Improvement Projects (CIPs) and other as-needed work in support of the Department’s programs, plans, and services. Consultants must have the expertise, experience, and demonstrate resources available to perform the work described below:
The scope of work includes, but is not limited to, the following services:
Design of various Capital Improvement Projects (CIPs) in support of the Public Works Department (i.e., plans, specifications, cost estimates, permits, supporting analysis, coordination, etc.)
Structural inspection and design, including but not limited to the municipal pier (above and below water), parking structures, buildings, and retaining walls, etc. Design of roadway resurfacing projects including sidewalk improvements and curb ramps to current accessibility standards, pedestrian safety improvements, enhanced signage and markings, traffic signal modifications, etc. Utility infrastructure analysis and design (e.g., storm drains and sewer) Land Surveying (e.g., design level survey, right-of-way investigations, map/easement and legal description preparation, etc.)
Geotechnical Engineering (e.g., soils report, slope stability, retaining walls, etc.) Electrical engineering for evaluation and design of street and park lighting, etc. Construction Support services including, but not limited to, attending construction meetings, responding to requests for information, inspection, reviewing contract submittals, and evaluating design changes during construction. Agency and Permit Coordination in support of the design and approval of City CIP projects and other maintenance needs (i.e., Caltrans coordination and permits, California Coastal Commission, Los Angeles County, etc.) Assist with development of engineering design standards, guidelines, and procedures in support of the Public Works Department.
660
kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213-261-4040 BR00PUSTD.A.001
Kimley-Horn and Associates, Inc.
____________________________________
Hourly Labor Rate Schedule
Classification Rate
Analyst I $120 - $150
Analyst II $150 - $190
Professional $180 - $215
Senior Professional I $215 - $295
Senior Professional II $285 - $385
Senior Technical Support $150 - $270
Technical Support $95 - $155
Support Staff $80 - $135
Effective through March 31, 2024, and subject to annual escalation not exceeding the Consumer Price Index at the time of adjustment, starting April 1, 2024.
Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, and Travel Expenses will be billed at actual cost. Mileage will be billed at the Federal Rate.
Sub-Consultants will be billed per the Contract.
Key Personnel Rate License
Justin Gatza, Contract Manager/Sr. Professional I $240 P.E. No. 83496 Bob Blume, Principal-in-Charge/Sr. Professional II $385 P.E. No. 39419 Darren Adrian, Quality Control/Quality Assurance/Sr. Professional II $385 P.E. No. 53031 Andy Sanford, Sr. Professional II $330 P.E. No. 49671
Kim Avila, Sr. Professional II $330 AICP No. 015226
Jason Melchor, Sr. Professional II $285 P.E. No. 65218
Gary Lai, Sr. Professional II $285 PLA No. 4054
Alyssa Phaneuf, Sr. Professional II $285 P.E. No. 63123 Sowmya Chandrasekhar, Sr. Professional I $265 P.E. No. 83100 Nicole Dias, Sr. Professional I $240 P.E. No. 86490
661
17800 Newhope Street, Suite B, Fountain Valley, California 92708 Tel: (714) 751-3826 Fax: (714) 751-3928 EARTH MECHANICS, INC.
FEE SCHEDULE (2023)
LABOR CATEGORY FULLY BURDENED
HOURLY RATE
Principal/Senior Consultant $ 300.00
Principal Engineer/Geologist $ 300.00
Senior Engineer/Geologist $ 225.00
Senior Project Geologist $ 194.00
Project Engineer/Geologist $ 175.00
Senior Staff Engineer/Geologist $ 159.00
Staff Engineer/Geologist $ 133.00
Senior Technician $ 154.00
Technician* $ 77.00
Administrative Assistant* $ 129.00
* Non-exempt staff subject to overtime pay per California law.
Combined Overhead Rate = 178.96%
Profit = 10 %
Annual Escalation = 5%
662
CIVIL ENGINEERS • SURVEYORS • RIGHT-OF-WAYS SBE • WBE • DBE • CERTIFIED 17135 DEVONSHIRE STREET • SUITE 200 • NORTHRIDGE • CA • 91325 818.892.6565 • FAX 818.488.9480 • [email protected] • www.wesinc.org
FEE SCHEDULE
January 20, 2023
RFQ No.: CITY OF HERMOSA BEACH - RFQ-DW-1264
RFQ Title: On-Call Civil Engineering Services
PRIME CONSULTANT NAME: Kimley-Horn
SUB-CONSULTANT NAME: Wagner Engineering & Survey, Inc.
STAFF MEMBER CLASSIFICATION TITLE HOURLY RATE
PROFESSIONAL & OFFICE
Stephanie A. Wagner, PE, PLS Principal Engineer/Surveyor $308 Paul A. Wagner Senior Project Manager $287
Armando V. Abad, PLS Survey Manager $246
Kevin Warden Assistant Survey Manager $185
Mark Vinluan Project Surveyor $185
Diana Knezevic Right-of-Way Manager $190
Hugo Guardado Survey Technician III $154
Morteza Taheriborj ROW/Survey Technician II $133
ROW/Survey Technician I $118
FIELD SURVEY
3-Person Party $487
2-Person Party $343
1 Person Party / Robotics $236
NOTES:
• Fee schedule is to be in effect from the date of contract execution and for a period of 12 months thereafter.
Hourly rates will escalate 5% on the anniversary date of execution and every 12 months thereafter. • Normal survey crew equipment costs are included in the above rates. • Time over 8 hours per day or any time on a Saturday will be charged at 150% of above quoted rates. • Any time in excess of 8 hours on a Saturday, any time on a Sunday, or any time on a Union designated holiday will be charged at 200% of above quoted rates.
• Time of survey crews will be charged from the time the crew arrives at the job site until the survey crew leaves the jobsite.
• Our normal office procedure is to limit employee time charges to a maximum of 8 hours per day.
No overtime charges to a client will accrue without specific authorization from client. • Survey Office Time is billed in 30 minutes increments. • Field Survey Time is based on a 4-hour minimum and 2-hour increments thereafter.
OTHER DIRECT COSTS:
ITEMS/EXPENSES
Mileage – per mile/At current Fed. Rate
Postage-Courier Service– each/At actual rate
Travel/Per Diem – per day/$175.00
663
City Council Special Meeting
02-27-23 17:00
Agenda Name Comments Support Oppose Neutral
d) REPORT 23-0071 AWARD OF PROFESSIONAL SERVICES
AGREEMENTS
FOR ON-CALL CIVIL ENGINEERING SERVICES
(Public Works Director Joe SanClemente)
1 0 1 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.
Overall Sentiment
Agenda Item: eComments for d) REPORT 23-0071 AWARD OF PROFESSIONAL SERVICES AGREEMENTS
FOR ON-CALL CIVIL ENGINEERING SERVICES
(Public Works Director Joe SanClemente)
Overall Sentiment
Howard L
Location:
Submitted At: 11:58pm 02-26-23
Council,
This is absolutely just more proof that City Manager Suja Lowenthal, after almost five full years of her running this city into the toilet, has completely screwed up all things in especially the Public Works Department, and now additionally with her hiring of a fellow former transit worker from Santa Monica to be the Hermosa Beach Public Works Director Joe SanClemente. Another trainee. Now the 4th new Public Works Director in the last six years.
In this report (under Suja’s direction) this latest PW Director and Suja Lowenthal are authorizing (with your rubber-stamping) the spending of $5-million dollars (Actually almost $6-million) in de facto blank-check form to do what the people of the city and the council were promised repeatedly could be done by the Public Works 664
Department.
These are all 5-year contracts with of course again Suja having the option to extend all of them for one full year, and with all 5 contracts being exactly $1 million each in one railroad job approval item on a jammed in special Monday night meeting to snow the Council of lay men, you, who know next to nothing of hiring such contractors for this much money.
This is just more proof of the complete incompetence of this city’s Public Works Department as it has been dumbed down for the last five years under C.M. Suja Lowenthal and her Zoom-meeting-running of the city into the toilet from her luxury home in Rancho Palos Verdes.
As one with a degree in civil-engineering structural analysis, I am absolutely sickened by how this city went from accomplishing CIP projects - year after year - to accomplishing nothing but Cluster-F after Cluster-F under C.M.
Suja Lowenthal (the absolutely most over-compensated, most absentee from the city, per-resident, per-employeemanaged, per-square-mile-managed, by virtually any measure, probably in the entire country) and now with her new trainee Public Works Director Joe SanClemente who with engineer Lucho still refuse to give me the most simple of answers regarding CIP-191, the so-called “Annual Street Improvements” project, which has been going on, or been stalled for how many years now, just this current annual project.
Of course Suja has caused the Capital Improvements Report to be little more than a smoke and mirrors of a report, virtually unreadable on a computer, missing important information, of the endless number of ad hoc projects the City Councils of the past five years under Suja, that have so-mucked up the process.
These huge blank-check awards (with so little specificity of how they will be spent) should be tabled until this new council including Francois and Saemann has a thorough detailed study session(s) of every single capital improvement project, and with the purging of all but the most critical to the residents and the businesses.
Granted the engineering that these five firms will like bring to the table to do the work that our own Public Works Department has displayed itself as being 99.9% useless in accomplishing under Suja’s rule, and their doing little more than picking up their pay checks, may get things moving? Competent Civil Engineers have avoided joining this city as if it were a plague.
All my views after having worked with professionals all my life, and never with any that are so afraid of their own shadow as our Public Works Department has become under the absentee, ignorant, incompetent, political, mismanagement by the $400K-paid, just-for-this calendar-year-2023, HB City Manager Suja Lowenthal, the 20- year Long Beach politician, and multi-year Santa Monica bureaucrat in their transit operation (buses-trainsairplanes) as I understand it.
Just look at this almost $6-Million blank check award to be spent as Suja desires. Council, you are fools to give this incompetent woman this kind of power. You should be approving every expenditure at every stage.
1. Award a contract for on-call civil engineering services to KOA Corporation at a not-to-exceed amount of $1,000,000.
2. Award a contract for on-call civil engineering services to Psomas at a not-to-exceed amount of $1,000,000.
3. Award a contract for on-call civil engineering services to John M. Cruikshank Consulting, Inc. at a not-to-exceed amount of $1,000,000.
4. Award a contract for on-call civil engineering services to Michael Baker International at a not-to-exceed amount of $1,000,000.
5. Award a contract for on-call civil engineering services to Kimley-Horn & Associates, Inc. at a not-to-exceed amount of $1,000,000.
Again, table this award of $5,000,000, actually almost $6,000,000, as it’s a blank check award for doing who665 knows-whatever SanClemente and Suja tell them to do, until you on council do the real work in a real Public Study Session to understand where we are on each and every Capital Improvement Project. Or are you on council just too d-a-m-n lazy to do that?
https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=6040537&GUID=0493DD96-B7AB-4C7B-ACB8- E243792A23E2
Howard L.
666
AWARD OF PROFESSIONAL
SERVICES AGREEMENTS FOR
ON-CALL CIVIL ENGINEERING
SERVICES
FEBRUARY 27, 2023
667
Background
Public Works relies on third-party experts to
assist with design of Capital Improvement
Projects (CIPs) and to provide as needed
engineering services.
Previous civil engineering agreements
awarded in 2019 and expired December
2022.
On-call agreements improves efficiency and
expedites delivery for routine services.
668
Scope of Work
Design of CIP’s
Structural inspection
and design
Utility infrastructure
analysis
Land surveying
Geotechnical
engineering
Electrical engineer
Construction
inspection
Permitting and
agency coordination
Design standards
669
Analysis
Advertised Request for Qualifications (RFQ),
January 5, 2023
– PlanetBids
– Easy Reader
– City website
Received 20 statements of qualification
(SOQs) on February 1, 2023
Staff reviewed SOQs, interviewed top
ranked firms, and scored per weighted
selection criteria
670
Analysis
Selection Criteria
Criteria Weight (%)
Approach and Methods 40%
Relevant Experience and Expertise 40%
Administration 20%
Total 100%
671
Analysis – Top Ranked Firms
Ranking Company
1 KOA Corporation
2 Psomas
3 JMC2
4 Michael Baker International
5 Kimley-Horn & Associates, Inc.
672
Analysis
Exhibited greatest understanding
of City’s needs.
Ability to dedicate a strong
contract manager
Breadth of expertise
673
Recommendation
Award to KOA Corporation, Psomas, JMC2, Michael
Baker, and Kimley Horn
Each not not-to-exceed $1,000,000 each on as-needed
basis
Five-year term, option to extend one year
674
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0089
Honorable Mayor and Members of the Hermosa Beach City Council Special Meeting of February 27, 2023
AWARD OF PROFESSIONAL SERVICES AGREEMENTS
FOR ON-CALL AMERICANS WITH DISABILITIES ACT (ADA)
EXPERTISE SERVICES
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Award a contract for on-call ADA expertise services to Access Inc. at a not-to-exceed amount of $400,000 for a term of five years ending February 28, 2028, with an option to allow the City Manager to extend up to one additional year (Attachment 5);
2. Award a contract for on-call ADA expertise services to Bureau Veritas at a not-to-exceed amount of $400,000 for a term of five years ending February 28, 2028, with an option to allow the City Manager to extend up to one additional year (Attachment 6); and
3. Authorize the Mayor to execute and the City Clerk to attest the proposed agreements subject to approval by the City Attorney.
Executive Summary:
The City of Hermosa Beach employs third-party experts to assist with Americans with Disabilities Act (ADA) requirements and compliance. Following a competitive review process, staff recommends City Council award on-call ADA expertise services agreements to Access, Inc. and Bureau Veritas, each at a not-to-exceed amount of $400,000 and a term of five years ending February 28, 2028. Staff also recommends approval of an option to allow the City Manager to extend up to one additional year.
Background:
The Public Works Department relies on the assistance of third-party professional services to assist with ADA requirements and compliance for City projects, City services, private developments, and commercial projects. ADA requirements and compliance involve inspecting curb ramps, sidewalks, structures, parking lots, etc., implementing and improving the City’s grievance response procedures, and assisting the City with maintaining the City’s ADA Self-evaluation and Transition Plan, which outlines a number of accessibility priorities and needs. City Council approved the Self-evaluation and Transition Plan during its March 31, 2022 ADA Study Session and directed staff to advance recommendations in the plan as funds are available in future budget cycles. The costs associated City of Hermosa Beach Page 1 of 6 Printed on 3/25/2024
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Staff Report
REPORT 23-0089
recommendations in the plan as funds are available in future budget cycles. The costs associated with ADA expertise services are covered by Capital Improvement Program (CIP) project funds or the Public Works Administration Contract Services account.
The City has a longstanding practice of hiring outside expertise based on Requests for Proposals (RFP) to augment finite staff resources. The RFP process consumes a significant amount of time as staff engages in the RFP initiation, bidding, evaluating, award, and execution process each time the City needs professional services. Each RFP issued takes months to process, from drafting the RFP to execution of award and is generally limited to a narrow scope of services. Given the aim toward implementation of business process improvements, staff seized the opportunity in 2019 to re-envision the City’s approach to obtaining routine services.
A team from Public Works collaborated on the development of a Request for Qualifications (RFQ) to meet the needs of the City and the community. The RFQ approach, which includes a formal competitive advertisement process, provides the City with a list of pre-qualified professionals to serve on the “bench” for the coming five years without the need to go out for an RFP each time a routine service is needed. The updated approach improves efficiency and expedites commencement of work and project delivery.
As the previous professional services agreement for ADA expertise services approached expiration, staff began the process to advertise and execute new agreements.
Past Council Actions
Meeting Date Description
March 31, 2022 ADA Study Session and approval, and adoption of, the 2022 ADA Self-Evaluation and Transition Plan. Direction to staff to advance recommendations in the plan as funds are
available in future budget cycles.
Analysis:
On January 12, 2023, the City issued a Request for Qualifications (RFQ) 23-002 (Attachment 1) inviting experienced and highly qualified firms to submit a proposal for Americans with Disabilities Act expertise services through a competitive process. The RFQ was advertised in the Easy Reader, on the City’s website, and on the City’s online bidding platform, Planet Bids. On February 1, 2023, a total of seven proposals were received in response to the RFQ. The proposing firms are listed below in alphabetical order:
· Access Inc;
· ARCOR Inc;
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Staff Report
REPORT 23-0089
· Bureau Veritas;
· Collaborative Access Studios;
· Disability Access Specialists, Inc.;
· Partner Assessment Corporation; and
· Sally Swanson Architects, Inc.
The proposals were evaluated in detail by a staff review panel based on the following weighted criteria:
· Approach and Methods (40 percent)
o Demonstration of the team’s ability to be responsive to the City’s needs and provide a high level of customer service.
o Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns. o Evidence of the team’s ability to work collaboratively with other members of a multidisciplinary team in a complex and dynamic working environment. o Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan. o A well thought-out and tailored approach to as-needed work that responds to the City’s particular issues and needs.
o Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities. · Relevant Experience and Expertise (40 percent)
o The team’s ability to dedicate a strong contract manager, knowledge with the needs of a Public Works Department, that will serve as a single point of contact for the duration of the project.
o Recent experience providing similar services for other jurisdictions. o Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements.
o The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project. o The team’s experience and ability to clearly communicate technical concepts and terminology with the community.
· Administration (20 percent)
o Billing rates and ability to comply with billing requirements. o The extent and nature of any proposed amendments to the Sample Professional City of Hermosa Beach Page 3 of 6 Printed on 3/25/2024
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REPORT 23-0089
Services Agreement.
Based on a comprehensive review of the Statements of Qualification, and following interviews with top ranked firms, staff recommends award of contract for on-call Americans with Disabilities Act (ADA) expertise services to Access Inc and Bureau Veritas (Attachment 2 and Attachment 3). The two specialist firms were ranked the highest according to the weighted selection criteria versus the other proposals received. The proposer rankings are as follows:
Ranking Company
1 Access Inc
2 Bureau Veritas
3 Sally Swanson Architects, Inc
4 Collaborative Access Studios
5 Partner Assessment Corporation
6 ARCOR Inc,
7 Disability Access Specialists, Inc
Access Inc. and Bureau Veritas exhibited the greatest understanding of the City’s needs and ability to provide timely assistance while ensuring the highest quality. Access, Inc. has provided the City with a wide range of ADA expertise services for the past several years and has provided exceptional services and has detailed knowledge of the City’s ADA process and needs. Access, Inc.’s experience includes completion of the City’s ADA Self-Evaluation and Transition Plan, completion of the Greenbelt Accessible Trail Feasibility Study, Beach Path accessibility evaluation, and assistance in managing the City’s Grievance Procedures. Bureau Veritas brings a strong background in ADA expertise services, having provided similar services for City of Tracy, San Bernardino County, City of Alameda, and City of El Segundo. Staff contacted references provided in the respective proposals and received positive comments about each firm’s work.
If approved, on-call ADA expertise services would immediately begin with both firms. The City previously relied on one external primary ADA expert on a project-by-project basis. Staff recognized the need to have two ADA expertise teams, on an as-needed basis. Doing so improves timeliness and efficiency that meet the needs of the City and the community. The proposed contract for each firm includes a not-to-exceed amount of $400,000 and a term of five years ending February 28, 2028, with an option to allow the City Manager to extend up to one additional year.
ADA Self-Evaluation and Transition Plan Consistency
Award of an as-needed ADA contract is consistent with the goals of the Council Approved 2022 ADA Self-Evaluation and Transition Plan as it allows staff the ability to advance the services and recommendations outlined in the plan.
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Staff Report
REPORT 23-0089
General Plan Consistency:
PLAN Hermosa, the City’s General Plan, was adopted by the City Council in August 2017. The award of contracts to provide on-call ADA expertise services to the City is key to the effective and efficient implementation of the Hermosa Beach community vision and supports several goals of the Mobility Element, and Parks and Open Space Element. Relevant Policies are listed below:
Mobility Element
Goal 3. Excellent customer service by the use of emerging technologies.
Policies:
· 3.1 Enhance public rights-of-way. Where right-of-way clearance allows, enhance public rights-of-way to improve connectivity for pedestrians, bicyclists, disabled persons, and public transit stops.
· 3.2 Complete pedestrian network. Prioritize investment in designated priority sidewalks to ensure a complete network of sidewalks and pedestrian-friendly amenities that enhances pedestrian safety, access opportunities and connectivity to destinations. · 3.10 Require ADA Standards. Require that all public rights-of-way be designed per Americans with Disabilities Act (ADA) standards by incorporating crosswalks, curb ramps, pedestrian signals, and other components to provide ease of access for disabled persons.
Parks and Open Space Element
Goal 4. Direct and accessible routes and connections to parks, recreational facilities, and open space are provided.
Policy:
· 4.4 ADA accessible park access. Install ADA and universally accessible amenities and equipment so that all parks, beach, and trail networks are accessible to all persons.
Goal 6. The coast and its recreational facilities are easily accessible from many locations and by multiple transportation modes.
Policy:
· 6.3 Safe and accessible connections. Ensure public access points provide safe and accessible connections to The Strand and shoreline, including access for persons with disabilities.
Fiscal Impact:
Funds for the on-call ADA expertise services are budgeted annually under the Public Works Administration Contract Services Account. The Fiscal Year 2022-23 Budget includes $120,000 for ADA expertise services. ADA expertise services may also be paid for with various Capital City of Hermosa Beach Page 5 of 6 Printed on 3/25/2024
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Staff Report
REPORT 23-0089
ADA expertise services. ADA expertise services may also be paid for with various Capital Improvement Project (CIP) funds which involve ADA components. Staff does not anticipate the annual cost for either contract to exceed the budgeted amounts.
Agreement Requests
Total Request
Amount
FY 2022-2023 Budget Dept. Account # Total Contract Amount $800,000 Various CIPs XXX-8XXX-4201, Public Works
Administration 001-4202-4201
$800,000
Attachments:
1. RFQ 23-002
2. Access, Inc. Proposal
3. Bureau Veritas Proposal
4. March 31, 2022, City Council Report
5. Proposed Agreement with Access Inc.
6. Proposed Agreement with Bureau Veritas
7. Link to March 31, 2022 City Council Staff Report
Respectfully Submitted by: Jasmine Lopez, Assistant Engineer Concur: Andrew Nguyen, Associate Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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REQUEST FOR QUALIFICATIONS (RFQ) NO. 23-002
ON-CALL AMERICAN WITH DISABILITIES ACT (ADA) CONSULTING SERVICES
IN THE CITY OF HERMOSA BEACH, CALIFORNIA
CITY OF HERMOSA BEACH
Department of Public Works
1315 Valley Drive
Hermosa Beach, CA 90254
(310) 318-0210
681
RFQ 23-002 City of Hermosa Beach
RFQ NUMBER: RFQ# 23-002
RFQ TITLE: ON-CALL AMERICAN WITH DISABILITIES ACT (ADA) CONSULTING
SERVICES
REQUESTING DEPARTMENT: Public Works – Engineering Division RELEASE DATE: January 12, 2023
DUE DATE: Wednesday, February 1, 2023 @ 3:00 p.m. PST
Notice is hereby given that the Department of Public Works of the City of Hermosa Beach will receive statements of qualification for:
RFQ# 23-002, ON-CALL AMERICAN WITH DISABILITIES ACT (ADA) CONSULTING SERVICES Statements of qualification must be submitted as PDF via the PlanetBids Portal (pbsystem.planetbids.com/portal/51313/portal-home) and will be received until 3:00 p.m. PST, Wednesday, February 1, 2023.
Statements of qualification will not be opened at that time but will be submitted to the Public Works Department for verification and compliance with specifications and subsequent recommendation to City Council for award of a contract or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.
Please direct any inquiries regarding this RFQ to Andrew Nguyen at [email protected]. All questions regarding the content of the RFQ may be emailed to Andrew Nguyen referenced above or submitted on the PlanetBids Portal.
Dated: January 12, 2023
www.hermosabeach.gov
CITY OF HERMOSA BEACH
1315 Valley Drive, Hermosa Beach, CA, 90254
Phone: (310) 318-0210, FAX: (310) 937-5015
682
RFQ 23-002 City of Hermosa Beach
Table of Contents
1 Introduction .............................................................................................................................. 4
1.1 Invitation for Qualifications .............................................................................................. 4
1.2 RFQ Timeline ...................................................................................................................... 4
1.3 Submittal Procedures ........................................................................................................ 4
1.4 Contact .............................................................................................................................. 5
1.5 General RFQ Conditions ................................................................................................... 5
2. Scope of Services ................................................................................................................. 10
2.1 City Location and Characteristics ................................................................................. 10
2.2 Description ....................................................................................................................... 10
3. Submittal Instructions............................................................................................................ 12
3.1 Format .............................................................................................................................. 12
3.2 Content............................................................................................................................. 12
3.2.1 Cover Letter .............................................................................................................. 13
3.2.2 Firm Profile ................................................................................................................. 13
3.2.3 Organizational Chart ............................................................................................... 14
3.2.4 Bios of Key Staff ......................................................................................................... 14
3.2.5 Relevant Experience and References ................................................................... 14
3.2.6 Project Management Plan ...................................................................................... 14
3.2.7 Required Forms ......................................................................................................... 14
3.2.8 Rate Schedule .......................................................................................................... 15
4. Evaluation and Selection ..................................................................................................... 15
4.1 Review Process ................................................................................................................ 16
5. Contract Expectations ......................................................................................................... 17
5.1 Contract Period ............................................................................................................... 17
5.2 Professional Services Agreement .................................................................................. 17
5.3 Standards of Work ........................................................................................................... 18
5.4 Invoicing and Payment .................................................................................................. 18
6.2 Required Forms ................................................................................................................ 30
6.2.1 Certification of Qualifications ................................................................................. 30
6.2.2 Non-Collusion Affidavit ............................................................................................ 32
6.2.3 Compliance with Insurance Requirements ........................................................... 33
6.2.4 Acknowledgement of Professional Services Agreement .................................... 34
6.2.5 COVID Vaccination Certification ........................................................................... 35 683
RFQ 23-002 City of Hermosa Beach
1 Introduction
1.1 Invitation for Qualifications
The City of Hermosa Beach (“City”) is seeking Statements of Qualifications from qualified individuals or firms (“Consultant”) to provide on-call American with Disabilities Act (ADA) consulting services. Consultants must have the expertise, experience, and demonstrate resources available to perform the work described in this request for qualifications (RFQ).
The City intends to enter an agreement with up to two (2) qualified consultants (or teams of consultants) for the requested services in an amount not to exceed $400,000 each for a period of five years. The City anticipates a contract start date around March 2023.
This RFQ does not require consultants to address any specific projects or task orders. As work is identified, the City will solicit proposals from one, or more, of the on-call firms. A task order will then be negotiated and executed between the City and the selected firm.
1.2 RFQ Timeline
RFQ posted January 12, 2023
Deadline to submit written questions January 23, 2023
Posting of responses to questions January 25, 2023
Deadline to submit qualifications February 1, 2023 - 3 PM PST Interviews for selected firms if the City
wishes to do so
TBD
Tentative award February 28, 2023
1.3 Submittal Procedures
Respondents shall submit one copy of the statement of qualification and one copy of the rate schedule in PDF format (separate files) on the PlanetBids Portal.
No responses will be accepted after the listed date and time. The format, content, and procedures for submitting a statements of qualification are provided in further detail within the RFQ (see Section 3).
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1.4 Contact
Please direct any inquiries regarding this RFQ to Andrew Nguyen at [email protected]. All questions regarding the content of the RFQ shall be submitted directly on the PlanetBids Portal or may be emailed to George Hernandez referenced above. Responses to all questions will be posted on the PlanetBids portal.
1.5 General RFQ Conditions
The following instructions and conditions apply to this RFQ:
Pre-Contractual Expenses
The City of Hermosa Beach shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre-contractual expenses are defined as expenses incurred by bidders in:
• Preparing a statement of qualifications in response to this RFQ. • Submitting that response to the City of Hermosa Beach. • Negotiating with the City of Hermosa Beach any matter related to this RFQ, proposal, and/or contractual agreement.
• Any other expenses incurred by the consultant prior to the date of an executed contract.
Authority to Withdraw RFQ and/or Not Award Contract
The City of Hermosa Beach reserves the right to withdraw this RFQ at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFQ. The City expressly reserves the right to reject any and all responses to this RFQ without indicating any reasons for such rejection(s).
The release of this RFQ does not obligate or compel the City to enter into a contract or agreement.
Authority to Revise RFQ and Request Additional Information The City reserves the rights to amend the RFQ at any time, to determine the successful respondent(s), and to reject any or all responses or their components. Should it be necessary for the City to issue addendums to this RFQ during the advertisement period, the City will post addendums to the PlanetBids Portal. It is the responsibility of all prospective respondents to check PlanetBids regularly to see whether any addenda or supplemental materials have been issued. Statements of qualifications shall acknowledge that the consultant is aware of all addendums which have been issued 685
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and has incorporated their provisions in their response by completing the Certification of Qualifications Form.
The City reserves the right, to request additional information or clarifications from consultants where it may serve the City’s best interest.
Other Conditions
• ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the statement of qualifications and list them as additional services.
• AUTHORIZED SIGNATURES. Every statement of qualifications must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a statement of qualifications on behalf of a consultant shall provide a current power of attorney certifying the agent’s authority to bind the consultant. • AWARD OF QUALIFICATIONS. City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous statement of qualifications after consideration of all criteria.
• COMPLIANCE WITH LAWS. All statement of qualifications shall comply with current federal, state, and other laws relative thereto.
• CONFLICT OF INTEREST. By signing the Certification of Qualifications , the consultant declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this statement of qualifications or any work connected with this statement of qualifications. Should any agreement be approved in connection with this Request for Qualifications, consultant declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. • DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the consultants, the City may refuse to consider statement of qualifications from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one statement of qualifications for the same work unless alternate statement of qualifications are called for. Reasonable grounds for believing that any consultant is interested in more than one statement of qualifications for the same work will cause the rejection of all statement of qualifications for the work in which a consultant is interested. Consultants shall submit as part of their statement of qualifications documents the completed Non-Collusion Affidavit.
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• EXAMINATION OF DOCUMENTS. It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFQ documents, general conditions, all forms, specifications, drawings, plans, and addendums (if any).
Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded.
The submission of a statement of qualifications shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFQ documents. The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the statement of qualifications. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.
• INTERPRETATION OF RFQ DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFQ. If any person is in doubt as to the true meaning of any part of this RFQ documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFQ by any person are unauthorized and invalid. Modifications to the RFQ, including, but not limited to the scope of work, can be made only by written addendum issued by the City.
Proposers shall submit all questions in writing to the contact listed in the announcement or submitted on the PlanetBids Portal. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFQ documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFQ documents. All such addenda shall become a part of the RFQ document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address and e-mail address on file through the PlanetBids online portal. Any prospective consultants who obtained a set of RFQ documents from the PlanetBids online portal are responsible for checking PlanetBids to verify if any subsequent Addendums were issued.
• IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager. • NON-DISCRIMINATION. Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition.
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• NON-EXCLUSIVE. Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms.
• OFFERS OF MORE THAN ONE PRICE. Consultants are NOT allowed to submit more than one rate schedule.
• OWNERSHIP. All data, documents and other products used or developed during the RFQ process become the property of the City upon submission. All documents submitted in response to this RFQ shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq.
Statement of qualifications should not be marked as confidential or proprietary, and City may refuse to consider a statement of qualifications so marked. All information contained within the statement of qualifications will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its statement of qualifications that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
• PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Qualifications (RFQ) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement.
• NO PUBLIC OPENING/PUBLIC RECORDS ACT. Statement of qualifications shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants.
Adequate precautions shall be taken to treat each consultant fairly and to insure that information gleaned from competing statement of qualifications is not disclosed to other Consultants. Prices and other information concerning the statement of qualifications shall not be disclosed until a recommendation for award is made to the awarding authority.
• PUBLIC RECORD. All statement of qualifications submitted in response to this RFQ will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law.
• REPRESENTATIONS. Consultant understands and acknowledges that the representations made in their submitted statement of qualifications are material and important, and will be relied on by the City in evaluation of the statement of qualifications . Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the statement of qualifications. 688
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• SEVERABILITY. If any provisions or portion of any provision, of this Request for Qualifications are held invalid, illegal or unenforceable, they shall be severed from the Request for Qualifications and the remaining provisions shall be valid and enforceable.
• SUBCONTRACTOR INFORMATION. If the statement of qualifications includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFQ for which each proposed sub consultant would perform services. All sub consultant for work services must follow all required provisions of the prime contract.
• VALIDITY. Statement of qualifications must be valid for a period of 90 days from the due date.
• WITHDRAWAL OF STATEMENT OF QUALIFICATIONS. Consultants’ authorized representative may withdraw statement of qualifications only by written request received by this RFQ contact personal before the Submittal Deadline. • BUSINESS LICENSE. The selected firm(s) must obtain a City of Hermosa Beach Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement.
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2. Scope of Services
2.1 City Location and Characteristics
The City of Hermosa Beach is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by the City of Redondo Beach and the City of Manhattan Beach, and on the west by the Pacific Ocean. The City limits for Hermosa Beach encompass a relatively small land area, approximately 1.4 square miles.
Hermosa Beach is thriving, and engaged community, with some 20,000 residents and naturally draws a high number of visitors to its beaches and downtown.
Governed by a five-member City Council with members elected at large, Hermosa Beach operates under the council/city manager form of government as a general law city. Like the community, the Council is informed, educated, and engaged. The programs and services provided by the City are accomplished through eight City departments: City Clerk, City Manager, Community Development, Community Resources, Finance, Human Resources, Police, and Public Works.
2.2 Description
The Public Works Department is responsible for engineering and oversight of the City's Capital Improvement Program (CIP), maintenance of City facilities and parks, public counter services including plan check and permit issuance, managing and maintaining the public right of way, grant management, storm drains and sewers, utility districts and utility coordination, and a wide variety of other programs and services. In the Fiscal Year 2022-2023 budget, the City Council approved a significant expansion of the Capital Improvement Program (CIP), which now includes 50 projects, with a $23 million dollar budget, covering a diverse range of needs from planning to design and construction.
In 2022, the City Council also approved the City’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan, which outlines a number of accessibility priorities and needs.
The City of Hermosa Beach (“City”) Public Works Department is seeking Statements of Qualification from qualified consultants, or team of consultants, (“Consultant”) to provide on-call ADA Consulting Services. The selected Consultant would assist the City’s Public Works Department in establishing a pro-active approach to implementing and improving the City’s Americans with Disabilities Act Grievance Procedure, work with the City’s ADA Coordinator as the City’s CASp specialist, evaluate and resolve ADA related issues and assist in achieving the goals identified by the City's ADA Self-Evaluation and Transition Plan and applicable documents and reports, review Capital Improvement and other project plans and provide solutions as needed as they relate to ADA requirements, and assist the Public Works Department in managing the day-to day ADA 690
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compliance needs of the City and its residents. Consultants must have the expertise, experience, and demonstrate resources available to perform the work described in this RFQ.
The City intends to enter an agreement with up to two (2) qualified consultants (or teams of consultants) for the requested services in an amount not to exceed $400,000 each for a period of five years. The City anticipates a contract start date around March 2023.
This RFQ does not require consultants to address any specific projects or task orders. As work is identified, the City will solicit proposals from one, or more, on-call firms. The designated Consultant(s) shall then provide a cost proposal, fee, and a schedule per each task order issued by the City. A task order will then be negotiated and executed between the City and the selected firm. Compensation will be based on a time and materials with a not-to-exceed limit agreed upon by both the Consultant and City before work begins.
Please note that being selected for an as-needed contract does not guarantee that a Consultant will be requested to submit a task order or be assigned any work. The City reserves the right to retain other consulting firms in its sole discretion when the City believes there will be an economic or other significant advantage for doing so.
2.2 General Scope of Work
The consulting firms must have a Certified Access Specialist (CASp) on staff at all times during the duration of the contract with the City.
The scope of work includes, but is not limited to, the following services:
Assist the City’s ADA Coordinator in implementing, and improving, the City’s Grievance Response Procedures. Review current and/or ongoing grievance complaints, coordinate responses to submitted questions, and provide an expert CASp written opinion on the legitimacy of the complaints. Conduct field inspections and provide detailed ADA reports of the area(s) and/or accessible element(s) when a grievance is found to have merit. During the inspection, Consultant shall identify all violations and include field measurements of each non-compliant element along with code references, sketches, and photo documentation in a comprehensive report. At the conclusion the ADA inspection, Consultant shall provide cost effective recommendations on the best way to correct the violations.
Review the adopted ADA Self-Evaluation and Transition Plan and existing ADA assessment documents available at the City and assist with the implementation of solutions for items to be resolved. Assist the City with maintaining the Selfevaluation and Transition Plan. 691
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Perform CASp ADA surveys for existing facilities, alteration projects, new projects, etc., including identification of all violations and include measurements of each non-compliant element along with code references, sketches, photo documentation, and cost effective recommendations in a comprehensive report. Be available to meet with City Staff or answer City Staff emails and inquiries, in a timely manner, pertaining to ADA related grievances, projects, and other relates as needed.
Provide training for City team members regarding ADA compliance issues as needed.
Other related as-needed work.
2.3 Relevant Plans, Policies, Programs, or Projects
Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following links are provided for your convenience:
• Fiscal Year 2022-23 Capital Improvement Program, adopted 2022 • 2022 ADA Self-Evaluation and Transition Plan, adopted 2022 • PLAN Hermosa, the City’s Comprehensive General Plan and Local Coastal Program, adopted 2017
3. Submittal Instructions
3.1 Format
Proposers shall submit one copy of the statement of qualifications and one copy of the rate schedule in PDF format on the PlanetBids Portal.
3.2 Content
Statement of qualifications must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Emphasis should be concentrated on conforming to the RFQ instructions, responding to the RFQ requirements, and on providing a complete and clear description of the offer. Statement of qualifications should include the sections as described in greater detail below. Do not include marketing brochures or other promotional material not connected with this RFQ. 692
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3.2.1 Cover Letter
Statement of qualifications must be accompanied by a short cover letter, signed by an individual authorized to bind the proposing entity to all commitments made in the submittal. An unsigned statement of qualifications is grounds for rejection. The cover letter should include:
Brief introduction of the firm (or team of firms);
Contact information for the person authorized to enter into an agreement with the City;
Contact information for the contract manager that will serve as the day-to-day contact with the City. For this on-call contract, the City will expect a dedicated point person to manage all task orders; serve as the conduit of information between any task-specific project managers and sub-consultants; and ensure overall quality and responsiveness.
Concise statement of understanding of the scope of work; and Acknowledgement of receipt of any addendums that were issued for this RFQ.
3.2.2 Firm Profile
Proposers should provide a brief profile of the prime consultant and any sub-consultants.
Information should include, but is not limited to the following information:
• Official name, address, email, and telephone number of the consultant’s primary point of contact.
• Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.
• Federal Employer I.D. Number.
• Indication whether firm is totally or partially owned by another business organization (parent company) or individual.
• Number of years consultant has been in business under the present business name.
• Number of years of experience the consultant has had in providing required, equivalent, or related services.
• Any failures or refusals to complete a contract, and explanation. 693
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3.2.3 Organizational Chart
Proposer shall include an organizational chart that reflects titles of key staff assigned to provide services under this statement of qualifications for the prime consultant and all subconsultants. The organizational chart should clearly identify names, titles, and professional licenses/certifications.
It is the City s requirement to have the key personnel identified in the Organizational Chart remain with the individual project during its duration. After contract execution the Consultant should not substitute key personnel (contract manager and others listed by name in the statement of qualifications) or sub-consultants without prior written approval by the City.
3.2.4 Bios of Key Staff
Proposer shall include bios of key staff identified in the organizational chart for the prime consultant and all subconsultants. The bios should indicate key relevant experience on similar projects, their areas of expertise, degrees, and any relevant professional licenses and certifications.
3.2.5 Relevant Experience and References
Proposers shall highlight their experience providing similar on-call services for other municipal clients. References for at least three (3) similar projects within the last five (5) years is required. Please include the following information, at a minimum for other similar projects:
• Name of contracting agency and department
• Description of project or services provided
• Year started and completed (if relevant)
• Key Personnel Assigned
• Name, email, and phone number for agency project manager • Contract Value
3.2.6 Project Management Plan
In this section, proposers should detail their approach to responding to requests for asneeded work, ensuring clear communication between the Consultant’s Contract Manager and the City, and oversight of task orders to ensure schedule and budget adherence and quality assurance/quality control.
3.2.7 Required Forms
Consultant shall review, acknowledge and submit the following forms:
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• Certification of Qualifications. Consultant is required to sign and submit the Certification of Qualifications including acknowledgement that they have received and considered any addendums issued by the City of Hermosa Beach in connection with this RFQ. (See section 6.2.1)
• Non-Collusion Affidavit. Consultant is required to sign and submit the NonCollusion Affidavit. (See section 6.2.2) • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 6.2.3) • Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the City’s Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 6.2.4)
• Covid Vaccination Certification. Consultant agrees to certify in writing to CITY that all employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. (See section 6.2.5)
3.2.8 Rate Schedule
Rate schedules shall be submitted through PlanetBids Portal as a separate file, labeled “Rate Schedule” and indicate the firm’s name. The rate schedule shall detail hourly billable rates for key staff members (including their names, titles, and licenses) and other team member categories for various other services offered by the Consultant, and subconsultants as appropriate.
Proposer must also state if rates are guaranteed for the term of the agreement or will be subject to future rate increases. Any proposed requests to change the adopted rates annually shall not exceed the relevant Consumer Price Index for the preceding 12-month period.
Rate schedule shall detail any other direct costs, intended to be charged to the City (e.g., travel, equipment, printing/materials).
No mark ups will be allowed for direct or miscellaneous costs and sub-consultant work, however, an appropriate number of hours for sub-consultant oversight will be allowed.
4. Evaluation and Selection
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4.1 Review Process
The City will evaluate all statement of qualifications received in accordance with the evaluation criteria. The City shall not be obligated to accept the lowest fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award, if one is made.
Following the review of RFQs by the City’s team, the City may, if it chooses to do so, invite short-listed consultants to be interviewed by a panel of City staff, which may include noncity personnel at the City’s discretion. Discussions may, at the City's option, be conducted with the most qualified Proposer(s). Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements.
Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of statement of qualifications . In conducting discussions, the City will not disclose information derived from statement of qualifications submitted by competing Proposers.
The City will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a consultant to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the statement of qualifications . If negotiations fail, the City will commence negotiations with the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements.
Task orders resulting from this contract will be negotiated and executed between the City and the selected firm.
4.2 Evaluation Criteria
Statement of qualifications will be evaluated on the basis of their response to all provisions of this RFQ. The City of Hermosa Beach will use the following criteria in its evaluation of statement of qualifications, interviews may be required with selected consultants, or verification of references. The categories will be weighted approximately as follows.
Approach and Methods (40%):
• Demonstration of the team’s ability to be responsive to the City’s needs and provide a high level of customer service.
• Evidence of the team’s ability to successfully deliver project tasks and deliverables, within the identified project budget and minimize cost overruns. 696
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• Evidence of the team’s ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment. • Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management plan. • A well thought-out and tailored approach to as-needed work that responds to the City’s particular issues and needs.
• Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities.
Relevant Experience & Expertise (40%):
• The consultant team’s ability to dedicate a strong contract manager, knowledge with the needs of a Public Works Department, that will serve as a single point of contact for the duration of the project.
• Recent experience providing similar services for other jurisdictions. • Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements.
• The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project.
• The team’s experience and ability to clearly communicate technical concepts and terminology with the community.
Administration (20%):
• Billing rates and ability to comply with billing requirements. • The extent and nature of any proposed amendments to the City’s Professional Services Agreement.
5. Contract Expectations
5.1 Contract Period
The City anticipates the contract term would begin in March 2023.
5.2 Professional Services Agreement
The selected consultant will be expected to comply with and sign the City’s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the 697
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Sample Professional Services Agreement included in Section 6.1. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City’s Professional Services Agreement.
5.3 Standards of Work
In case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense.
5.4 Invoicing and Payment
Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task.
Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals.
Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information:
Contract
Amount
Total Prior
Contract Billings
Contract Work
Performed this
Period
Total Contract
Amount
Performed To
Date
Contract
Percent
Complete
Total Amount
Remaining for the
Contract
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6. Attachments and Required Forms
6.1 Sample Professional Services Agreement
CONTRACT FOR PROFESSIONAL SERVICES TO
________________________________________________________________ BETWEEN THE CITY OF HERMOSA BEACH AND ___________________________ This AGREEMENT is entered into this day of , 20XX, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and _, a limited liability company (“CONSULTANT”).
R E C I T A L S
A. The City desires to __________________________________________.
B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work.
C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:
CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONSULTANT a total of $ , for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous 699
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month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.
SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.
Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.”
TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.
FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is ________________. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.
TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on __________, 20___, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.
CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
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TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
INDEMNIFICATION. To the extent permitted by law, CONSULTANT shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT. CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligence, recklessness or willful misconduct. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation to the extent such fees, costs and all other costs are determined by the court of competent jurisdiction to have been caused by the actual negligence, recklessness or willful misconduct of the Consultant. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 701
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ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
INSURANCE REQUIREMENTS.
A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars 702
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($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows.
CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
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4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements.
The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.
USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.
FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or 704
RFQ 23-002 City of Hermosa Beach
services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: ATTN:
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in 705
RFQ 23-002 City of Hermosa Beach
the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the 706
RFQ 23-002 City of Hermosa Beach
natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.
USE OF LOGO. The CITY grants the CONSULTANT permission to use its name, logo and/or trademark in deliverables produced by the CONSULTANT on the behalf of the CITY, such as written reports, presentation slides, press releases, social media graphics, and other public outreach materials. The CITY’s prior review of artwork and written approval is required for any use of CITY logo. CITY will provide an electronic copy of the most current logo to the CONSULTANT for use in materials. The CONSULTANT will, in turn, only use the most current logo of the CITY.
DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be 707
RFQ 23-002 City of Hermosa Beach
required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF HERMOSA BEACH CONSULTANT
[MAYOR/CITY MANAGER] By: NAME/TITLE
ATTEST:
Myra Maravilla, City Clerk Taxpayer ID No.
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APPROVED AS TO FORM:
Patrick Donegan, City Attorney
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6.2 Required Forms
6.2.1 Certification of Qualifications
RFQ #: _________
The undersigned hereby submits its statement of qualifications and agrees to be bound by the terms and conditions of this Request for Qualifications (RFQ).
1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this statement of qualifications or any work connected with this statement of qualifications. Should any agreement be approved in connection with this Request for Qualifications, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFQ.
3. Proposer has carefully reviewed its statement of qualifications and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4. It is understood and agreed that the City reserves the right to accept or reject any or all statement of qualifications and to waive any informality or irregularity in any statement of qualifications received by the City.
5. The statement of qualifications response includes all of the commentary, figures and data required by the Request for Qualifications.
6. The statement of qualifications shall be valid for 90 days from the date of submittal.
7. Proposer acknowledges that the City may issue addendums related to this RFQ and that the proposer has reviewed the following addendums which have been issued:
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their statement of qualifications. 710
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Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
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6.2.2 Non-Collusion Affidavit
RFQ #: _________
The undersigned declares states and certifies that:
1. This statement of qualifications is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.
2. This statement of qualifications is genuine and not collusive or sham.
3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham statement of qualifications and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham statement of qualifications or to refrain from submitting to this RFQ.
4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the rate schedule price or to fix any overhead, profit or cost element of the rate schedule price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.
5. All statements contained in the statement of qualifications and related documents are true.
6. I have not directly or indirectly submitted the rate schedule price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFQ depository, or to any member or agent thereof, to effectuate a collusive or sham statement of qualifications.
7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this statement of qualifications .
8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
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6.2.3 Compliance with Insurance Requirements
RFQ #: _________
The selected consultant will be expected to comply with the City s insurance requirements contained within this RFQ.
The undersigned declares states and certifies that:
1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Qualifications.
2. If selected, proposer agrees to accept all conditions and requirements as contained therein.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
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6.2.4 Acknowledgement of Professional Services Agreement RFQ #: _________
The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.
1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.
2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
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6.2.5 COVID Vaccination Certification
PLEASE PLACE LETTER ON OFFICIAL COMPANY LETTERHEAD
(Insert Date)
Suja Lowenthal, City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants
Dear Ms. Lowenthal:
Per this letter, (Insert Company Name) certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to the (Insert Agreement Title) dated (Insert Agreement Date), are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement.
Respectfully,
(Insert Name)
(Insert Title)
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SECTION 1 COVER LETTER
January 31, 2023
P23-002
City of Hermosa Beach
Public Works Department
Administration & Engineering Division
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Mr. Andrew Nguyen, Associate Engineer
Subject: Proposal for On-Call American with Disabilities Act (ADA) Consulting Services, RFP Number: 23-002
In response to the City’s Request for Qualifications, dated January 12, 2023, Access Inc., is pleased to submit this proposal and related information for your review. This proposal is provided as a response to the above-referenced RFQ.
Founded in 2019, Access Inc., provides personalized services to public agencies, architects, engineers, property management firms, and business owners. We assist our clients with navigating their way to compliance with the American Disabilities Act (ADA) and applicable standards such as Title 24 of the California Building Code (CBC) throughout California. Access Inc. is located in Newport Beach, Orange County, California.
Matthew Steele, President and Principal Access Inspector, is our central point of contact and responsible for delivery of our teams’ and subcontractors’ services. He can be reached by cell phone, (562) 212-4535, or by email at [email protected].
Access understands the scope of work will consist of but not limited to: Assisting the City’s ADA coordinator with grievance complaints, conducting field inspections and provide detail reporting, assisting with the adopted ADA Self-Evaluation and Transition Plan, performing CASp accessibility surveys, meeting with City Staff and providing timely answers to emails and inquiries, and providing training for City Team members and other related as-needed work.
As of January 31, 2023, there have been no addendums to the RFP posted to the PlanetBids Portal.
We appreciate the opportunity to submit this proposal. If there are any questions or you need clarification, please contact us at (562) 212-4535.
Respectfully Submitted,
Access, Inc.
Matthew D. Steele, CASp
President/Principal Inspector
Attachment(s): Statement of Qualifications for Access Inc. 716
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SECTION 2 TABLE OF CONTENTS
SECTION 1 COVER LETTER ______________________________________________________ 1 SECTION 2 TABLE OF CONTENTS _________________________________________________ 2 SECTION 3 FIRM PROFILE _______________________________________________________ 3 SECTION 4 ORGANIZATION CHART _______________________________________________ 4 SECTION 5 KEY STAFF __________________________________________________________ 5 SECTION 6 RELEVANT EXPERIENCE AND REFERENCES ________________________________ 7 SECTION 7 PROJECT MANAGEMENT PLAN _________________________________________ 9 SECTION 8 REQUIRED FORMS __________________________________________________ 11 SECTION 9 STATEMENT OF QUALIFICATIONS ______________________________________ 12 717
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SECTION 3 FIRM PROFILE
This proposal is being submitted by:
Name: Access Inc.
Entity: California S-Corporation
FIN: 83-2914501
Address: 2901 West Coast Hwy., Suite 200, Newport Beach 92663 Contact: Matthew D. Steele
Phone: (562) 212-4535
Email: [email protected]
Founded in 2019, Access Inc., is a s-corporation located in Newport Beach, Orange County, California, with no other business organization or individual owning the firm. Access Inc. provides personalized service to public agencies, architects, engineers, property management firms, and business owners. We assist our clients with navigating their way to compliance with the American Disabilities Act (ADA) and applicable standards such as Title 24 of the California Building Code (CBC) throughout California.
Access Inc. has been in business for 4 years. The president/principal, Mr. Steele has over 25 years of construction experience including 5 years as a Tradesman, 5 years as a Project Manager, and 15 years as a Construction Materials Inspector, Public Works Inspector and ADA Accessibility Consultant. He is currently a Certified Access Specialist (CASp), licensed in the State of California, and has held multiple professional licenses and certifications including the Certified Public Infrastructure Inspector (CPII).
Our firm does not have any failure or refusals to complete a contract. We have no breach of contract or pending litigation and are in excellent standing with our clients. 718
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SECTION 4 ORGANIZATION CHART
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2901 West Coast Hwy, Suite 200, Newport Beach, CA 92663 (949) 270-2775 www.adaexperts.net
CITY OF HERMOSA BEACH, DEPARTMENT OF PUBLIC WORKS
Andrew Nguyen, Associate Engineer
PROJECT MANAGER
Matthew D. Steele, CASp
CASp Inspection & Plan
Review Services
Matthew D. Steele, CASp
John Battista, CASp
ADA Self-Evaluation &
Transition Plan Services
Matthew D. Steele, CASp
ADA Coordinator Services
Matthew D. Steele, CASp
John Battista, CASp
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SECTION 5 KEY STAFF
A brief summary of the qualifications and relevant experience of key personnel and staff are identified in the following resume briefs.
MATTHEW STEELE, CASP PRESIDENT /PRINCIPAL ACCESS SPECIALIST Mr. Steele has over 25 years of construction experience including 5 years as a Tradesman, 5 years as a Project Manager, and 15 years as a Public Infrastructure Construction Inspector and ADA Accessibility Consultant. He is currently a Certified Access Specialist (CASp), licensed in the State of California, and has held multiple professional licenses and certifications including the Certified Public Infrastructure Inspector (CPII). Mr. Steele is currently an ADA Accessibility Specialist, and Subject Matter Expert and has been an ADA Consultant on hundreds of legal cases & projects throughout California. He consults with various public municipalities including, but not limited to the Hermosa Beach, Manhattan Beach, San Diego, Placentia, Covina, San Juan Capistrano. Mr. Steele has expert level knowledge on the Americans with Disabilities Act (ADA) and Title 24 of the California Building Code (CBC) accessibility code requirements as well as other applicable code standards. Mr. Steele provides plan review services to Public Municipalities and Design Professionals. Mr. Steele has completed over 750 site accessibility surveys, both publicly and privately funded. He collaborates with attorneys and entities under litigation for access related violations and offers cost effective accessibility solutions for compliance and defense strategies to resolve litigation.
PROFESSIONAL REGISTRATIONS
Certified Access Specialist (CASp), CA License No. 0865 CERTIFICATES (Past or Present)
Certified Access Specialist (CASp)
Certified Public Infrastructure Inspector (CPII)
National Institute for Certification in Engineering Technologies (NICET), Construction Materials Testing, Asphalt, Concrete and Soils, Levels I & II
California Department of Transportation, Certifications – Caltest 125, 216, 231 and 375
JOHN BATTISTA, CASP ACCESS SPECIALIST
Mr. Battista has over 40 years of construction experience including 10 years as a Tradesman, 10 years as a Construction Manager / Superintendent, and 20 years as a Building Inspector. He holds and maintains over 40 Professional Licenses including Public School & Hospital Inspector, Fire Inspector, Licensed General Building Contractor, Accessibility Inspector / Plans Examiner, and State Certified Access Specialist. Mr. Battista is an expert in Disabled Access and the Americans with Disabilities Act (ADA). Mr. Battista has served as the lead Inspector of Record on large and complex projects. He is an ADA Specialist, a Special Inspector, an Expert Witness, a Construction Forensic Investigator, and has been a Construction Consultant on numerous cases & projects throughout Southern California. Mr. Battista has consulted with various public municipalities including Los Angeles Unified School District (LAUSD), Ventura Unified School District (VUSD), Los Angeles Community College District (LACCD), Los Angeles Department of Building & Safety (LADBS), and the Los Angeles County Department of Public Works (LACDPW) providing Accessibility and Building Inspections on Schools, Colleges, Medical Facilities, and 721
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Essential Service Buildings over the last 20 years. Mr. Battista has completed over 3000 accessibility surveys, both publicly and privately funded. He works with business owners and their attorneys who are being sued for access related violations providing accessibility solutions for compliance and defense strategies to resolve litigation. He has been called upon by large municipal jurisdictions to inspect their facilities and to provide letters of opinion on complicated Accessibility code issues.
PROFESSIONAL REGISTRATIONS
Certified Access Specialist (CASp), CA License No. 0592 CERTIFICATES (Past or Present)
California Access Specialist (CASp)
ADA Compliance Inspector (ACIA)
International Code Council (ICC) Accessibility Inspector/Plans Examiner International Code Council (ICC) Master of Special Inspections International Code Council (ICC) Certified Building Office (CBO) Division of the State Architect (DSA) Class I DSA Project Inspector Office of Statewide Health Planning and Development (OSHPD) Class A Inspector of Record Contractors State License Board (CSLB) General Building Contractor 722
Request for Proposals On-Call American with Disabilities Act (ADA) Consulting Services RFP Number: 23-002
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SECTION 6 RELEVANT EXPERIENCE AND REFERENCES
Access, Inc, has worked on many projects with public agencies, architects, and engineers. A few of our projects include but not limited to:
On-Call ADA Accessibility and CASp Services
Client: City of Hermosa Beach,
Department of Public Works
Contract
Value:
$30,000
Agency PM: Mr. Lucho Rodriguez Phone: (310) 318-0210
Email: [email protected]
Project
Manager:
Matthew Steele Status: Completed in 2020
Service
Provided:
Provided a complete ADA accessibility evaluation for a Temporary Beach Path. Assisted the engineering team with the Downtown Lane Reconfiguration Project which included on-street accessible parking spaces.
Additional services included working with the City’s ADA Coordinator and City Attorney with Public Grievance Requests.
Hermosa Beach Greenbelt Accessible Trail
Client: City of Hermosa Beach,
Department of Public Works
Contract
Value:
$10,000
Agency PM: Mr. Andrew Nguyen Phone: (310) 318-0210
Email: [email protected]
Project
Manager:
Matthew Steele Status: Completed in 2022
Service
Provided:
Provided a complete ADA accessibility evaluation and CASp report for an Accessible Trail along the Greenbelt. Worked with the City’s Engineering Team and Architecture Consultant in preparing a presentation for City Council.
On-Call ADA Accessibility and CASp Services
Client:
City of Hermosa Beach,
Department of Public Works
Contract
Value:
$80,000
Agency PM: Mr. Lucho Rodriguez Phone: (310) 318-0210
Email: [email protected]
Project
Manager:
Matthew Steele
Status:
Completed in 2022
Service
Provided:
Provided on-call CASp services, assisted the City with completing the City’s Transition Plan and Grievance Procedures. On-call services included; plan reviews by a CASp, inspection of curb ramps, and park restrooms. 723
Request for Proposals On-Call American with Disabilities Act (ADA) Consulting Services RFP Number: 23-002
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On-Call ADA Accessibility Inspection Services
Client: City of Placentia, Department
of Public Works
Contract
Value:
$30,000
Agency PM: Ms. Kyra Tao Phone: (310) 318-0210
Email: [email protected]
Project
Manager:
Matthew Steele Status: Completed in 2022
Service
Provided:
On-call services included; plan reviews by a CASp, assisted the City with the design of custom curb ramps based on the Standard Plans for Public Works Construction (SPPPWC), inspected multiple curb ramps throughout the City.
CASp Inspection Services for Los Angeles County Parks
Client: Stepping through Accessibility Contract
Value:
Cost varies from Park to Park
Agency PM: Ms. Janis Kent Phone: (562) 426-9363
Email: [email protected]
Project
Manager:
Matthew Steele Status: On-going
Service
Provided:
Subcontract to the Client above, who is contracted directly with the County of Los Angeles Parks and Recreation. Access provides CASp Inspection Services for multiple County parks. As of this date the County Parks include; Obregon Park, Salazar Park and Bonelli Park. Elements inspected at these parks include but not limited to; parking lots, restrooms, paths of travel and all facilities open to the public. Facilities include but not limited to; Sport Courts and Ball Fields, Gymnasiums, Recreation Buildings, Classrooms, Beaches, Boat Launch and picnic areas.
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SECTION 7 PROJECT MANAGEMENT PLAN
Access, Inc. will furnish all personnel, transportation, materials, supplies, and equipment necessary to perform services. Our primary method of understanding the details of the project is fundamental, maintaining the City’s budget and schedule. Services include, but not limited to the following:
1. Review with the City’s ADA Coordinator in implementing and/or improving, the City’s Grievance Response Procedures. Also, review current and/or ongoing grievance complaints.
2. Provide ADA field surveys performed by a CASp for existing facilities, alteration projects, new projects and provide detailed ADA report of the area’s accessible elements and/or identify all violation.
3. Review the adopted ADA Self-Evaluation and Transition Plan and existing ADA assessment documents available at the City and assist with the implementation of solutions for items to be resolved.
4. Access representatives will be available for meetings with City Staff and prompt responses to staff emails.
5. Provide training for City team members regarding ADA compliance issues as needed.
Access Inc. assist our clients in complying with applicable rules, regulations and accepted guidelines. Our experienced key personnel assists clients in conducting their business in an efficient and cost-effective manner, therefore achieving a competitive advantage in the industry.
Our approach will include the following general steps:
Task 1: Approach to Responding to Requests for as Needed Work: Access will provide personalized service and prompt responses to all City requests. Throughout the duration of the proposed contract, a project manager will be assigned to this project and will respond to questions, concerns, and/or City requests within 1 business day.
Task 2: Ensuring clear communication between the Consultant’s Contract Manager and the City: Access will keep the City’s Project Manager informed of any major changes in the schedule and/or budget throughout the project period. Communication will either be via email, phone calls or video conferences to address the City’s specific issues by identifying issues and details of the projects. The project manager will allocate and oversee tasks within the overall project to our technical staff and subcontractors and communicate project status to the City.
Task 3: Oversight of Task Orders to Ensure Schedule and Budget: Access will keep the City’s Project Manager informed of any major changes in the schedule and/or budget. On a weekly basis the Project Manager will review the project’s progress and budget. The progress of the project and budget will be kept in a spreadsheet and updated at the end of each week. 725
Request for Proposals On-Call American with Disabilities Act (ADA) Consulting Services RFP Number: 23-002
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Task 4: Adherence and Quality Assurance/Quality Control: The Project Manager will review the records, reports, and associated documentation on a regular basis to ensure the projects are being completed as required, to ensure communication has been provided regarding the projects progress, budget and/or any issues that have arrived and ensure all documents are completed and submitted in a timely manner.
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Request for Proposals On-Call American with Disabilities Act (ADA) Consulting Services RFP Number: 23-002
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SECTION 8 REQUIRED FORMS
• Acknowledgement of Professional Services Agreement
• Certification of Qualifications
• Compliance with Insurance Requirements
• COVID Vaccination Certification
• Non-Collusion Affidavit
727
Acknowledgement of Professional Services Agreement
RFQ #: _________
The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.
1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.
2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________
Signature of Authorized Representative:
____________________________________
Printed Name and Title:
____________________________________________
23-002
Matthew Steele, President
728
Certification of Qualifications
RFQ #: _________
The undersigned hereby submits its statement of qualifications and agrees to be bound by the terms and conditions of this Request for Qualifications (RFQ).
1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this statement of qualifications or any work connected with this statement of qualifications. Should any agreement be approved in connection with this Request for Qualifications, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFQ.
3. Proposer has carefully reviewed its statement of qualifications and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4. It is understood and agreed that the City reserves the right to accept or reject any or all statement of qualifications and to waive any informality or irregularity in any statement of qualifications received by the City.
5. The statement of qualifications response includes all of the commentary, figures and data required by the Request for Qualifications.
6. The statement of qualifications shall be valid for 90 days from the date of submittal.
7. Proposer acknowledges that the City may issue addendums related to this RFQ and that the proposer has reviewed the following addendums which have been issued:
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their statement of qualifications.
Signature of Authorized Representative:
____________________________________
Printed Name and Title:
____________________________________________
23-002
Matthew Steele, President
729
Compliance with Insurance Requirements
RFQ #: _________
The selected consultant will be expected to comply with the City s insurance requirements contained within this RFQ.
The undersigned declares states and certifies that:
1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Qualifications.
2. If selected, proposer agrees to accept all conditions and requirements as contained therein.
Signature of Authorized Representative:
____________________________________
Printed Name and Title:
____________________________________________
23-002
Matthew Steele, President
730
2901 West Coast Hwy, Suite 200, Newport Beach, CA 92663 (562) 212-4535 www.adaexperts.net January 31, 2023
Suja Lowenthal, City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants Dear Ms. Lowenthal:
Per this letter, Access Inc. certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach onsite within the City pursuant to the On-Call American with Disabilities Act (ADA) Consulting Services dated January 12, 2023, are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement..
Respectfully,
Matthew Steele
President
731
Non-Collusion Affidavit
RFQ #: _________
The undersigned declares states and certifies that:
1. This statement of qualifications is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.
2. This statement of qualifications is genuine and not collusive or sham.
3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham statement of qualifications and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham statement of qualifications or to refrain from submitting to this RFQ.
4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the rate schedule price or to fix any overhead, profit or cost element of the rate schedule price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.
5. All statements contained in the statement of qualifications and related documents are true.
6. I have not directly or indirectly submitted the rate schedule price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFQ depository, or to any member or agent thereof, to effectuate a collusive or sham statement of qualifications.
7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this statement of qualifications.
8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Signature of Authorized Representative:
____________________________________
Printed Name and Title:
____________________________________________
23-002
Matthew Steele, President
732
Request for Proposals On-Call American with Disabilities Act (ADA) Consulting Services RFP Number: 23-002
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SECTION 9 STATEMENT OF QUALIFICATIONS
733
Accessibility Compliance &
Construction Evaluation Specialty
Services
2901 West Coast Hwy, Suite 200, Newport Beach, CA 92663 (949) 270-2775
www.accessincusa.com
STATEMENT OF QUALIFICATIONS
734
Access Inc., SOQ 2022 Statement of Qualifications • page 2 Contact
Matthew D. Steele, CASp
Principal Access Specialist
CASp No. 865
Access, Inc.
2901 West Coast Hwy, Suite 200
Newport Beach, CA 92663
Email: [email protected]
Phone: (949) 270-2775
Web: www.accessincusa.com
Founded in 2019, Access Inc., consults with public agencies, architects, engineers, developers, property managers, and business owners in evaluating existing site conditions, providing site inspections, developing project specifications requirements, and providing site inspections during construction of new facilities. We help our clients navigate their way through accessibility issues with both the Americans with Disabilities Act Standards (ADAS) and the California Building Codes (CBC) throughout California. Access is located in Newport Beach, Orange County, California. The complexity of these laws creates a greater need for interpretation and understanding, as well as for information on Accessibility throughout the built environment.
Our personnel and contract professionals consist of architects, engineers, accessibility specialists and experienced technical support staff.
Through the comprehensiveness of our team, we offer clients quick responses and innovative solutions to help them gain competitive advantage through the efficiency and effectiveness of our services.
Company Overview
735
Access Inc., SOQ 2022 Statement of Qualifications • page 3 Access offers a wide range of Accessibility Compliance Services to aid Public Agencies, Architects, Building Owners, Developers and Property Managers in evaluating existing site conditions, developing project specifications for their projects and providing site inspections during construction of new facilities. Our aim is to provide clients with the information needed to successfully design and complete a proposed project. Our Accessibility Compliance Services include but may not be limited to:
• CASp Services for Public Agencies
• CASp Plan Review Services (Public & Private)
• CASp Site Surveys
• Pre-Lease and Pre-Sale Real Estate Purchase CASp Inspections • CASp Site Inspections During Construction
• ADA Consulting
• Expert Witness Testimony
• Educational Services
Accessibility Compliance
Consulting Services
Accessible Parking Layouts
Diagonal Curb Ramp
736
Access Inc., SOQ 2022 Statement of Qualifications • page 4 Our team has expert knowledge on the Americans with
Disabilities Act and its Accessibility Guidelines, Fair Housing, Section 504 of the Rehabilitation Act of 1973, California Building Code and its Standards as well as other state and federal accessibility laws and standards. A list of services is summarized below:
On-Call CASp Inspection Services
• CASp Site Surveys for New & Existing Facilities
• CASp Inspections for Accessible Elements in the Public Right-of-Way
• On-Street & Off-Street Parking Lot Studies
Transition Plans
• Assist with the Self-Evaluation Process
• Assist in Developing & Maintaining a Transition Plan
• Provide Facility CASp Inspection Reports
• Evaluate Citywide Sidewalk & Curb Ramps
• Public Park Assessments, including Beaches, Trails, etc.
Staff Training on Accessibility Elements
• ADA Coordinator Training
• Provide classes for inspector and engineers on what to look for when designing and inspecting common accessible elements, including but not limited to:
• Accessible Routes, Public Restrooms, Sidewalks, Curb
Ramps, Crosswalks, Driveways and Accessible
Parking Spaces
• Provide classes on how to use popular ADA software
programs
CASp Services for Public
Agencies
Public Park
Public Park
Crosswalk w/Cut thru Island
737
Access Inc., SOQ 2022 Statement of Qualifications • page 5 If you are planning a new build, if you are designing a tenant improvement or having a project go out to bid, it is critical to have a plans review performed by a CASp Specialist prior to
construction. Plan review before construction often reveals mistakes in designs. When these mistakes are identified by the contractor or city inspector after construction started it can be costly to fix and can delay construction schedules. Having your plans checked for ADA and California accessibility compliance before construction starts is the most cost-effective way to avoid costly alterations down the road. Our team can review individual elements or entire projects. We have saved our clients thousands of dollars with this simple service.
CASp Plan Review Services
738
Access Inc., SOQ 2022 Statement of Qualifications • page 6 CASp Site Surveys
The Americans with Disabilities Act (ADA) requires businesses to provide access to goods and services to individuals with disabilities on an equal basis with the general public. Access is a leader in providing State Certified Access Specialists (CASp) who perform inspections of our clients' facilities, both interior & exterior.
Access Site Surveys includes but not limited to:
• Site survey performed by a Certified Access Specialist (CASp) • Comprehensive report identifying any accessibility findings and/or violations, measurements of each non-compliant element along with code references, sketches, and photo
documentation.
• Provide cost-effective recommendations on the best way to correct violations.
• An experienced professional who walks you through the results of your inspection and answer any questions that you may have.
Our reports include cost effective solutions to correct the existing violations. We consult with our clients to help them create a schedule to correct the violations over time based on the business’s finances. Lastly, we provide our clients with a Statenumbered “Disability Access Inspection Certification”. This certification will be:
• “Meets Applicable Standards” if the site is found to be 100% in compliance with Federal & State guidelines.
• “Inspected by a CASp” if accessibility barriers are found during the inspection.
These notices will deter potential plaintiffs as it lets them know that the Owner understands accessibility laws and is taking steps toward achieving compliance.
739
Access Inc., SOQ 2022 Statement of Qualifications • page 7 Due diligence is an important step to take before making big decisions. A CASp inspection of the property that you are interested in purchasing or selling will help you determine if the facility is in accordance with Americans with Disabilities Act (ADA) and applicable State and Federal Standards .
As per Senate Bill 1108, anyone selling or leasing a business or property must state whether the property has been inspected by a CASp or not.
Access performs a site inspection and provides the client with a comprehensive report. The report will include any elements that need to be corrected prior to your lease, sale, or purchase. Don’t get blindsided with thousands of dollars of repairs for ADA compliance after the fact.
Pre-Lease, Pre-Sale and Real
Estate Purchases CASp
Inspection
740
Access Inc., SOQ 2022 Statement of Qualifications • page 8 Just because the plans are compliant with ADA and California standards does not mean that the contractor performed the work correctly. Often Public Agencies, Developer’s, Contractor’s and Business Owners wait until the end of the project before having their project inspected by a CASp Specialist, only to find out that the project cannot receive final approval from the authority having jurisdiction because of non-compliant accessible features and elements.
Our Team of CASp Specialists provide inspections for projects as construction progresses. Our CASp specialist make sure
construction is in accordance with the approved plans.
Discovering non-compliant issues while the project is in the rough stages avoids costly rework and delays after complete or when a project is nearing completion. Access offers affordable inspections at critical stages of projects
CASp Construction Inspections
741
Access Inc., SOQ 2022 Statement of Qualifications • page 9 ADA Consulting
The ADA is a law that mandates equal opportunity for individuals with disabilities and guarantees that they have the same opportunities as everyone else to include employment
opportunities; purchase goods and services; and participate in state and local government programs and services. Access provides solutions to architects, engineers, developers and business owners in understanding and identify barriers on the interior and exterior of the property for people with disability.
Once barriers are identified, property owners are required to develop a plan to fix them. With our extensive construction background, our team helps clients to create a Transition Plan with scheduling, and pricing for barrier removal. We advise our clients on the most cost-effective ways to correct
violations/barriers.
The ADA regulations state that all the non-compliant items don’t have to be corrected immediately and can be spread out over time as finances permit. We help our clients with a schedule & transition plan that fits their budget and their needs. 742
Access Inc., SOQ 2022 Statement of Qualifications • page 10 Access Team has expert level knowledge, educated and
experienced to advise property owners, property managers, property tenants, disabled individuals, and attorneys in the field of Americans with Disabilities Act (ADA). We support our clients' efforts to become compliant with state and federal accessibility standards.
Access provides clients with letters of opinion on accessibility laws and code issues to local building departments and in court proceedings. Clients have us in their corner during the whole legal process and we offer Defense Strategy and CASp Representation during litigation including Declarations, Depositions, Arbitrations, and Trial Testimony.
Expert Witness Testimony
743
Access Inc., SOQ 2022 Statement of Qualifications • page 11 Accessibility laws and litigation trends are always changing.
Ongoing education and guidance are essential for
municipalities’ and businesses’ to understand how to maintain compliance with the ADA. Our Team offers seminars and
workshops on the Federal & State Accessibility standards and guidelines for groups or individuals. Our
seminars/workshops include but not limited to:
• Teaching our clients how to make their buildings,
properties and businesses more accessible.
• Teaching the most common violations found in publicly and privately owned properties, buildings, and
businesses.
• Offering public accommodations and the most efficient ways to fix violations.
• ADA Coordinator Training
• Provide classes for inspector and engineers on what to look for when designing and inspecting common
accessible elements, including but not limited to:
• Accessible Routes, Public Restrooms, Sidewalks,
Curb Ramps, Crosswalks, Driveways and
Accessible Parking Spaces
• Provide classes on how to use popular ADA software
programs
We also offer tutoring to help individuals pass the CASp and ICC Accessibility Inspector exams.
Educational Services
744
Access Inc., SOQ 2022 Statement of Qualifications • page 12 City of Hermosa Beach Accessibility Beach Path
Project Description
The City of Hermosa Beach installed temporary beach paths to make it easier for those with limited mobility to get closer to the water. Mobi-mats were installed at Second Street and 22nd Street.
Approximately 300-foot access path was installed at Second Street and approximately 275-foot access path was installed at 22nd Street.
Access provided a complete ADA accessibility evaluation for a Temporary Beach Path for the City of Hermosa Beach.
Selected Project Briefs
Project Roles:
Matthew Steele – PM
Items Addressed:
• Inspection of the existing beach
path.
• Inspection and recommendation
for improvements and
modifications.
• Recommendation for Future beach
paths.
745
Access Inc., SOQ 2022 Statement of Qualifications • page 13 Selected Project Briefs
Project Roles:
Matthew Steele – PM
Items Addressed:
• Inspection and recommendation
for non-ADA compliant curb ramps
and connection of the accessible
pedestrian trail to the curb ramps.
• Inspection and recommendation
for improvements and
modifications to the adjacent
parking lot for additional ADA
parking.
• Inspection and recommendation
for crossing from adjacent parking
lot to the City’s Clark building
Hermosa Beach Greenbelt Accessible Trail
Project Description
The City of Hermosa Beach is redesigning 1.7-mile portion of the Grennbelt to make it more ADA accessible. The City will be replacing woodchips with decomposed granite from Pier Avenue to 8 th
Street. The project also included reconstructing existing curb ramps to meet ADA standards, enhancements to a crosswalk connecting to the City’s Clark Building, and any necessary modifications to irrigation lines adjacent to the pathway.
Access provided a complete ADA accessibility evaluation and CASp report for an Accessible Trail.
Our staff worked with the City’s Engineering Staff and Architecture Consultant in preparing a presentation for City Council.
746
Access Inc., SOQ 2022 Statement of Qualifications • page 14 Selected Project Briefs
Hermosa Beach Lane Reconfiguration Project
Project Description
The City of Hermosa Beach lane reconfiguration program will reconfigure Hermosa Avenue between 8th and 14th Streets and Pier Avenue between Hermosa Avenue and Valley Drive. The project involves closing one lane in each direction to facilitate more outdoor dining and retail areas, adding Class 2 bicycle lanes to those sections of the streets, and nine new Americans with Disability Act (ADA) accessible parking spaces, signage and pavement markings.
Assisted the engineering team with the Downtown Lane Reconfiguration Project which included onstreet accessible parking spaces.
Project Roles:
Matthew Steele – PM
Items Addressed:
• Review the Project Drawings.
• Inspected the site in order to find
ideal locations for on-street
accessible parking.
• Provided recommendations for
Electric Vehicle Charging Stations
(EVCS)
747
Access Inc., SOQ 2022 Statement of Qualifications • page 15 On-Call ADA Accessibility and CASp Services
Access provided on-call CASp services, assisted the City of Hermosa Beach with completing the City’s Transition Plan and Grievance Procedures. On-call services included; evaluating ADA grievances and providing recommendations, plan reviews by a CASp, inspection of curb ramps, and construction projects including public park restrooms.
Selected Project Briefs
Project Roles:
Matthew Steele – PM
Items Addressed:
• Provided an after the fact plan
review of project drawings for 5
City parks..
• Provided on-call inspections
services for parking lot design and
curb ramps..
• Reviewed and assisted the City
with ADA grievances.
748
Access Inc., SOQ 2022 Statement of Qualifications • page 16 On-Call ADA Accessibility Inspection Services
Access On-call services for the City of Placentia included; plan reviews by a CASp, assisted the City with the design of custom curb ramps based on the Standard Plans for Public Works Construction (SPPPWC), inspected multiple curb ramps throughout the City.
Selected Project Briefs
Project Roles:
Matthew Steele – PM
Items Addressed:
• Provided recommendations for
new curb ramps.
• Inspection and recommendations
for non-ADA compliant curb ramps.
• Review of plans and specifications
for compliance with state and
federal accessibility laws,
standards, codes, and regulations.
749
Access Inc., SOQ 2022 Statement of Qualifications • page 17 CASp Inspection Services for Los Angeles County Parks
Project Description
Access is Subcontract to Stepping Through Accessibility, who is contracted directly with the County of Los Angeles Parks and Recreation. Access provides CASp Inspection Services for multiple County parks which include; Obregon Park, Salazar Park and Bonelli Park. Elements inspected at these parks include but not limited to; parking lots, restrooms, paths of travel and all facilities open to the public. Facilities include but not limited to; Sport Courts and Ball Fields, Gymnasiums, Recreation Buildings, Classrooms, Beaches, Boat Launch and picnic areas.
Selected Project Briefs
Salazar Park
Project Roles:
Matthew Steele – PM
Items Addressed:
• Inspection of park facility and
amenities for compliance with
state and federal accessibility
laws, standards, codes, and
regulations.
• Complete checklist for noncompliance and advise the most cost-effective ways to correct
violations/barriers.
Obregon Park
Bonelli Park
750
CITY OF HERMOSA BEACH
RFQ NO. 23-002
ON-CALL AMERICAN WITH DISABILITIES ACT (ADA) CONSULTING
SERVICES
February 1, 2023
BUREAU VERITAS | ERIK PILLER
220 TECHNOLOGY DRIVE | IRVINE, CA 92618
P 800.733.0660 | [email protected]
751
PAGE
1. Cover Letter......................................................................................................................................................1
2. Firm Profile.......................................................................................................................................................2
3. Organizational Chart ....................................................................................................................................3
4. Bios of Key Staff..............................................................................................................................................4
5. Relevant Experience and References.....................................................................................................9
6. Project Management Plan ......................................................................................................................... 14
7. Required Forms .............................................................................................................................................15
8. Rate Schedule .................................................................................................................included separately
TABLE OF CONTENTS
SECTION
752
January 31, 2023
City of Hermosa Beach
Attn: Andrew Nguyen
1315 Valley Drive
Hermosa Beach, CA 90254
RE: RFQ# 23-002, ON-CALL AMERICAN WITH DISABILITIES ACT (ADA) CONSULTING SERVICES Dear Mr. Nguyen,
Thank you for taking the time to review Bureau Veritas Technical Assessments, LLC’s (Bureau Veritas) qualifications in response to the City of Hermosa Beach’s RFP for On Call Americans with Disabilities Act (ADA) Consulting Services. The following proposal details our capability to execute this project.
Proven Experience | Bureau Veritas has extensive experience providing ADA Assessments for City, County and State Government entities. We are licensed in the State of California and are familiar with all ADA and California codes and regulations. In addition to ADA Self-Evaluation and Transition Plan expertise - Bureau Veritas offers a full suite of services including ADA plan check, inspections, design, and turn-key project management for implementation. BVTA’s code compliance group has performed ADA and CASp plan check and inspections for hundreds of municipalities acting as augmented staff or third party consultants..
Highly Qualified Team | Bureau Veritas is an architecture and engineering firm focused solely on assessment and planning studies, with 800 professionals nationwide. We provide a national broad based Project Team of Accessibility Assessors with backgrounds in Architecture, Civil Engineering, Landscape Architecture, and Construction.
ADA Experience | Our Assessment teams have performed similar services for clients including:
We appreciate the opportunity to present our qualifications for these services and look forward to working with the City of Hermosa Beach. I am authorized to bind Bureau Veritas to all terms, conditions, and commitments made in this proposal.
Please contact me at 800.733.0660, ext. 7292704 or [email protected] to further discuss our qualifications.
Sincerely,
Erik Piller
Senior Vice President
• City of Industry, CA
• City of Garden Grove, CA
• City of Brea, CA
• City of Orange, CA
• City of Rancho Cucamonga, CA
• San Bernardino County, CA
• City of Pomona, CA
• City of Montebello, CA
• City of Alameda, CA
• City of Tracy, CA
• Hayward Recreation and Parks, CA
• City of Napa, CA
• Ambrose Parks and Recreation District, CA
• Sonoma County, CA
• Humboldt County, CA
• Gavilan College, CA
BUREAU VERITAS 220 TECHNOLOGY DRIVE | IRVINE, CA 92618
P 800.733.0660 | F 410.785.6220 | BVNA.COM
1. COVER LETTER
753
2 Name of Company:
Tax ID:
Regional Address:
Primary Contact:
Telephone:
Email:
Bureau Veritas Technical
Assessments LLC
02-0655997
220 Technology Drive
Irvine, CA 92618
Erik Piller
Sr. Vice President
(800) 733-0660, ext. 7292704
[email protected]
Company Information
2. FIRM PROFILE
Profile
Founded in 1986, Bureau Veritas Technical Assessments
LLC (Bureau Veritas) is a professional service consulting firm providing comprehensive architectural, engineering, energy, and environmental solutions. Our team includes
over 700 building professionals nationwide, including
Certified ADA Specialists, Registered Architects, Professional Engineers, Certified Energy Managers, Environmental
Professionals, Building Systems Consultants, and Code
Compliance Experts.
Annually, Bureau Veritas conducts thousands of assessments for Private, Industrial, Government, K-12 Education, and Higher Education Clients. Having successfully completed assessments of several million square feet of building
space, Bureau Veritas has developed a proven and efficient methodology for the performance of field assessments, and data collection.
Services
• ADA Accessibility Compliance
• Facility Condition Assessments
• Space Analysis
• Educational Adequacy
• Capital Needs Assessments
• Energy Studies
• Capital Planning
• Feasibility Studies
• Project Management
• Construction Monitoring
• Plan and Document Review
• Inventory, Barcoding and Tagging
• Capital Planning Software
• Preventive Maintenance
What We Do
754
3 3. ORGANIZATIONAL CHART
Erik Piller
PROJECT EXECUTIVE
Allyson Watts, CASp, RA
Bryon Scott, ADAC
QUALITY ASSURANCE
MANAGER
PROGRAM MANAGER
ADA ASSESSMENT TEAM
PROJECT
ORGANIZATION
CHART
Michael Cunni
SENIOR PROJECT MANAGER
755
4 PROJECT EXPERIENCE:
City of Tracy, CA
ADA Study and Transition Plan
City of El Segundo, CA
FCA & ADA Study and Transition Plan
City of Rancho Cucamonga, CA
ADA Assessment and Transition Plan
Hayward Area Park & Recreation District, CA
ADA Transition Plan, Facility Condition
Assessment, and Energy Audit
Ambrose Parks District, CA
Facility Condition Assessment / ADA Transition
Plan
City of Brea, CA
ADA Transition Plan of Facilities, Parks, and
PROW of 175 Miles of Sidewalk
City of Orange, CA
Facility Condition Assessment & ADA Transition
Plan
City of Garden Grove, CA
Facility Condition Assessment & ADA Transition
Plan
City of Alameda, CA
ADA Study and Transition Plan
ERIK PILLER
Industry Experience
Government
K-12 Education
Multi-Family Housing
PROJECT EXECUTIVE
Mr. Piller has 18 years of experience in client coordination of assessment, architecturalengineering, energy consulting, and construction phase services. He has been involved with projects of similar scope to the proposed project. As Project Executive, Mr. Piller is responsible for overseeing all contractual aspects of the project and will be available to meet with the client for the duration of the project on an as-needed basis. He will have primary responsibility for defining the scope of engagement, and will meet regularly with BVTA’s Program Manager and Assessment Team to assure that the client’s needs are being met, and that the project is adequately staffed, running smoothly, and on schedule.
Higher Education
Industrial
Office
YEARS OF EXPERIENCE: 18
Retail
Hospitality
4. BIOS OF KEY STAFF
756
5 PROJECT EXPERIENCE:
City of Tracy, CA
ADA Assessments & Transition Plan
City of Pomona, CA
ADA Consulting
City of El Segundo, CA
ADA Assessments & Transition Plan
City of Alameda, CA
ADA Assessments & Transition Plan
City of San Leandro, CA
ADA Assessments
City and County of San Francisco, CA
Plan Review & ADA Compliance
City of Santa Clara, CA
ADA Inspections
City of Albany, CA
ADA Inspections
California Dept. of General Services, CA
ADA Inspections
University of California, Riverside, CA
ADA Assessments
Yuba City Unified School District, CA
ADA Assessment & Transition Plan
Metro Park District of Tacoma, WA
ADA Assessments & Transition Plan
ALLYSON WATTS, CASP, RA
Education
MArch, Architecture, University of California Berkeley
BArch, Architecture, Wellesley College
ADA CONSULTANT
Ms. Watts is a Registered Architect and Certified Access Specialist with over 30 years of industry experience. She has strong project management, quality assurance and leadership skills and extensive experience in the design and review of civic, educational, corporate and residential projects. Additionally, Ms. Watts is a certified LEED Green Associate as well as a Building Plans Examiner.
Registration
Certified Access Specialist | CASp-327
Registered Architect | CA | 27324
Building Plans Examiner
YEARS OF EXPERIENCE: 30+
757
6 PROJECT EXPERIENCE:
City of Alameda, CA
ADA Study and Transition Plan
City of Tracy, CA
ADA Study and Transition Plan
City of Rancho Cucamonga, CA
ADA Assessment and Transition Plan
Hayward Area Recreation and Parks, CA
ADA Transition Plan, FCA, & Energy Audit
City of Garden Grove, CA
ADA Assessment, Facility Condition
Assessment
City of Brea, CA
FCA & ADA Transition Plan of Facilities, Parks
University of Nevada, Reno, NV
ADA Transition Plan
Rockdale County, GA
ADA Assessment
City of Lexington, NC
ADA Assessments & Transition Plan
Town of Acton, MA
ADA Assessment and Transition Plan
City of Wilmington, DE
ADA Assessment and Transition Plan
BRYON SCOTT, ADAC
Education & Certifications
Bachelor of Science, Business Administration, University of Maryland College Park, MD ADA Coordinator (ADAC)
ADA Coordinator Training Certification Program (ACTCP), University of Missouri
QUALITY ASSURANCE MANAGER
Mr. Scott is a Lead Project Manager with BVTA. He has 21 years of Construction Management and is a Certified ADA Coordinator, and uses this knowledge to identify ADA barriers, minimize litigation risk, improve customer accessibility, and enhance customer satisfaction.
Mr. Scott is a regular speaker at ADA Coordinator’s meeting on Title II and Title III subjects.
YEARS OF EXPERIENCE: 15
758
7 PROJECT EXPERIENCE:
City of Alameda, CA
ADA Assessment & Facility Condition
Assessment
City of Aliso Viejo, CA
ADA Study and Transition Plan
City of Tracy, CA
ADA Study and Transition Plan
City of El Segundo, CA
FCA & ADA Study and Transition Plan
City of Napa, CA
FCA & ADA Study and Transition Plan
City of Brea, CA
FCA & ADA Study and Transition Plan
City of Palmdale, CA
FCA & ADA Study and Transition Plan
Hayward Area Park & Recreation District, CA
ADA Transition Plan, Facility Condition
Assessment, and Energy Audit
City of Rancho Cucamonga, CA
ADA Assessment and Transition Plan
City of Irving, TX
ADA Study and Transition Plan
City of Aspen, CO
Facility Condition Assessment
MICHAEL CUNNIFF
SENIOR PROJECT MANAGER
Mr. Cunniff is a Senior Project Manager with 22 years of experience. He conducts and leads teams for Facility Condition Assessments, ADA Assessments, and other related services. He supervises and trains junior ADA professionals, architects, and engineers in conducting facility assessments. He also supports program managers to coordinate proposals, train, and develop and review final deliverables to the client.
YEARS OF EXPERIENCE: 22
Education
Bachelor of Science, Architectural/Building Engineering Technology, New England Institute of Technology
759
8 PROJECT EXPERIENCE:
City of Rancho Cucamonga, CA
ADA Assessment and Transition Plan
Cotswolds Apartments, CA
ADA Assessment
Kimco Shopping Centers, CA
ADA Assessment
Walgreens, CA
ADA Assessment
Spokane Regional Health District, WA
ADA Assessment
JUSTIN VANG, CASP
ADA ASSESSOR / PROJECT MANAGER I
Education
Master of Science, Civil/Structural Engineering,
California State University
Bachelor of Science, Civil Engineering,
University of California
YEARS OF EXPERIENCE: 5
Certifications
Certified Access Specialist | CA | CASp-845
PROJECT EXPERIENCE:
City of Tracy, CA
ADA Assessment & Transition Plan
City of Pomona, CA
ADA Consulting
Hayward Area Rec. & Park District, CA
ADA Transition Plan, FCA, and Energy Audit
City of Napa, CA
FCA, Inventory, ADA Transition Plan
Washington Parks and Rec. Commission
ADA Assessment & Transition Plan
City of Redmond, WA
ADA Assessment & Transition Plan
Ben Franklin Transit, Richland, WA
ADA Consulting
BRIAN MANTERNACH, CASP
ADA ASSESSOR / PROJECT MANAGER I
Education
Building Materials Management, Northeast Iowa
Community College
YEARS OF EXPERIENCE: 30+
Certifications
Certified Access Specialist | CA #CASp-851
Accessibility Inspector/Plans Examiner | #8010569
760
9 CITY OF TRACY
ADA ASSESSMENT AND TRANSITION PLAN
Bureau Veritas under the management of CASp consultants performed comprehensive accessibility assessment and inventory of parks and their respective facilities.
BVTA ensured compliance with applicable standards, regulations, and codes for accessibility. During the site visits we observed, documented, and photographed specific conditions and modifications of parks, restrooms, and components subject to federal, state, and local access requirements.
BVTA established order of magnitude (pre-planning level) estimated costs for each barrier removal necessary to make facilities accessible.
Our scope included maintaining an electronic database that the City can use to track barrier removals as each is completed.
PROJECT PROFILE
LOCATION
Tracy, CA
SERVICE
ADA Assessment
Transition Plan
SIZE
206 Acres
71 Parks & Facilities
FACILITY TYPE
Parks
Essential Facilities
REFERENCE
Kevin Jorgensen CBO, CFM,
CASp, Chief Building Official
City of Tracy
333 Civic Center Plaza
Tracy, California 95376
(209) 831-6400-office
(209) 831-6415-direct
kevin.jorgensen@cityoftracy.
org
5. RELEVANT EXPERIENCE AND REFERENCES
761
10 SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
SIDEWALK CONNECTIVITY PLAN & PROW ADA
SURVEY
PROJECT PROFILE
Bureau Veritas Technical Assessments LLC (BVTA)
was on a team lead by Fehr & Peers to provide San
Bernardino County Transportation Authority a
sidewalk connectivity plan subsidized by a Caltrans
grant. The data collection was a sample of Public
Right of Way (PROW) for 24 cities and the county.
BVTA systematically surveyed the sidewalk and
street crossing surface environment for compliance
with state, local, and Federal accessibility standards.
BVTA documented changes in level, horizontal
openings, upheavals, and other pathway events that
may have posed a barrier or potential hazard in the
sidewalk and street crossing environment. All major
impediments and obstructions were recorded.
BVTA measured the grade and cross slope of each
element of the curb ramp. The barriers of each curb
ramp or the lack of a curb ramp was documented.
BVTA captured deficiency data for transit stops,
signalized intersections, and un-signalized
intersections, including access to pedestrian
pushbuttons and the condition and presence of
crosswalk markings.
The sidewalk data collected was integrated, along
with various 3rd party data, into the pathVu data
analytics platform and was processed to provide a
characterization of a span of the sidewalk. Condition,
grade, and curb ramp information were all combined to
provide a comprehensive view of a walkability network
to enable engineering firms and municipalities to
prioritize and spec the sidewalk repairs and upgrades.
LOCATION
San Bernardino County, CA
SERVICE
Pedestrian Sidewalk
Connectivity Plan
Public Right of Way (PROW)
ADA Survey
SIZE
750 miles of Sidewalk
2,500 Curb Ramps
REFERENCE
Paul Herrmann, PE
Fehr & Peers
p.herrmann
@fehrandpeers.com
762
11 CITY OF ALAMEDA
ADA SELF-EVALUATION AND TRANSITON PLAN
PROJECT PROFILE
LOCATION
Alameda, CA
SERVICE
ADA Self Evaluation
Transition Plan
ADA Plan Review Consulting
SIZE
78 Facilities and Parks
516,019 SF
280 Miles of Sidewalk
2918 Curb Ramps
FACILITY TYPE
City Hall
Essential Facilities
Parks
Fire Stations
Libraries
Recreational
REFERENCE
City of Alemeda
Mike Billington
2263 Santa Clara Avenue
Alameda, CA 94501
510-747-7947
[email protected]
Bureau Veritas (BV) was awarded a contract to compile and implement a comprehensive Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for City programs, facilities, parks, parking lots, streets, intersections and sidewalks.
BV performed field investigations within the City right-of-way and of City facilities, evaluated City policies and programs, and prepared an ADA Transition Plan in order to:
• Identify existing obstacles limiting accessibility
• Describe steps that are to be taken to ensure that facilities within the public right of way are made accessible to all individuals • Specify a schedule for achieving compliance
• Identify the official who will be responsible for implementation of the plan
The ADA Transition Plan provide the basis for prioritizing, budgeting, implementing, and monitoring barrier removal. BV reviewed and evaluated the current City policies, programs (including recreation programs), and practices in order to identify issues which may be discriminatory to people with disabilities. BV’s ADA reports included cost estimates of remediation measures.
763
12 STATE OF CALIFORNIA - DEPT. OF
GENERAL SERVICES
CASP INSPECTIONS AND ADA CONSULTING
PROJECT PROFILE
HGA Architects awarded Bureau Veritas (BV) a contract for ADA consulting services for the State of California Department of General Services.
BV provided Certified Access Specialist (CASp) review services for the Projects in conjunction with the State’s inspector general building construction contractor and coordinated with the State’s management and inspection personnel, local inspection authorities, and other parties directly involved with the construction.
BV provided and maintained certified CASp personnel for the duration of the project to provide inspection on behalf of the State to verify the general building contractor performed work in accordance with current CBC and ADA requirements
BV provided a final CASp review report documenting the extent to which the work accomplished and met the intent of the CBC and compliance with ADA.
Locations:
• Office Building 08 – 322,604 SF (18 Stories) - Sacramento • Office Building 09 - 309,942 SF (18 Stories) - Sacramento • Franchise Tax Board Campus – 3,887,815 SF (7 Buildings) – Statewide
• North Group Buildings – 1,089,598 SF (7 Buildings) - Sacramento • Office & Building Grounds – 48,473 SF - Sacramento
LOCATION
State of CA
SERVICE
CASp Studies
ADA Construction Progress
Inspections
SIZE
17 Buildings
5,658,432 SF
FACILITY TYPE
Administration (DGS)
REFERENCE
Robert Aydlett AIA, LEED AP
HGA Architects
(415) 814-6414
[email protected]
764
13 CITY OF EL SEGUNDO
FACILITY CONDITION ASSESSMENT AND ADA
TRANSITION PLAN
Bureau Veritas Technical Assessments LLC (BVTA)* was awarded a contract for citywide Facilities Condition Assessment (FCA) and ADA Transition Plan in order to provide the City with guidance on how to best operate, maintain, and upgrade the facilities in the short- and long-term.
Our facility assessment services include life cycle analysis, equipment/ asset inventory, barcoding, and preventive maintenance plans. The data collected will be migrated to the City’s CMMS platform and used to formulate a capital plan.
BVTA conducted site evaluations and documented the condition of existing facilities, perform non-destructive investigations of building, structural, architectural, ADA access, fire/life safety, MEP, energy, environmental, and roofing systems. We provided cost estimates to replace or replace building systems and generate a Facilities Condition Index (FCI) benchmark for each building.
The City required an ADA Self-Evaluation and Transition Plan for all facilities. BVTA inspected the sites and provided a list of prioritized barrier improvements with an order of magnitude cost estimates. Part of our deliverable was a “live” transition plan utilizing our ADA AssetCALC™ database platform.
PROJECT PROFILE
LOCATION
EL Segundo, CA
SERVICE
Facility Condition Assessment
ADA Transition Plan
SIZE
31 Facilities
262,367 SF
FACILITY TYPE
Parks
City Hall
Senior Center
Community Center
Maintenance Facility
Water Division
Fire & Police Stations
REFERENCE
Ken Berkman
350 Main Street
El Segundo, CA 90245
(310) 524-2300
[email protected]
*Bureau Veritas Technical Assessments LLC was formerly known as EMG. 765
14 6. PROJECT MANAGEMENT PLAN
Bureau Veritas will assign a licensed CASp to work as a consultant to the City’s ADA Coordinator and Consultant.
Bureau Veritas has a national network of ADA specialists, working with ADA on a daily basis. BV’s ADA resources have a diverse background of ADA experiences and include Certified ADA Coordinators, CASp and ADA training specialist. While the team is diverse in their knowledge backgrounds, the team regularly communicates with the EEOC, US Access Board, DOJ, DOT and HUD to stay on top of the latest rulings and new approaches to compliance.
Bureau Veritas’s capability goes beyond inspecting spaces and providing transition plans. Bureau Veritas has ICC and ANSI A117.1 certified plans reviewers, three Title II and one Title III Certified ADA coordinators, architectures familure with ADA design as well as CASp and PROWAG. Bureau Veritas Project Management team can mange any part of or the entire barrier remediation process.
Bureau Veritas, will assign a primary CASp to the City of Hermosa Beach, and will be supported by all the Bureau Veritas ADA specialists.
In the support role, Bureau Veritas will assist the ADA Coordinator in:
• Implementing and managing and resolving issues related to any filed ADA grievance. • Complete any inspections of programs and/or facilities as needed. • Review the Transition plan, make suggestions on updates and help the City implement solutions to complete the Transition plan.
• Using CASp inspectors, monitor inspect existing facilities, alteration and new constriction for compliance with the 2010 Standards for Accessible Design and CBC 11B building requirements. • Serve as the ADA technical specialist to other City programs and departments. • Provide ADA training as needed.
• Other ADA related taks as needed.
766
15 7. REQUIRED FORMS
RFQ 23-002 City of Hermosa Beach
6.2 Required Forms
6.2.1 Certification of Qualifications
RFQ #: _________
The undersigned hereby submits its statement of qualifications and agrees to be bound by the terms and conditions of this Request for Qualifications (RFQ).
1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this statement of qualifications or any work connected with this statement of qualifications. Should any agreement be approved in connection with this Request for Qualifications, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFQ.
3. Proposer has carefully reviewed its statement of qualifications and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4. It is understood and agreed that the City reserves the right to accept or reject any or all statement of qualifications and to waive any informality or irregularity in any statement of qualifications received by the City.
5. The statement of qualifications response includes all of the commentary, figures and data required by the Request for Qualifications.
6. The statement of qualifications shall be valid for 90 days from the date of submittal.
7. Proposer acknowledges that the City may issue addendums related to this RFQ and that the proposer has reviewed the following addendums which have been issued:
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their statement of qualifications. 23-002
767
RFQ 23-002 City of Hermosa Beach
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________ Erik Piller, Senior Vice President 768
RFQ 23-002 City of Hermosa Beach
6.2.2 Non-Collusion Affidavit
RFQ #: _________
The undersigned declares states and certifies that:
1. This statement of qualifications is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.
2. This statement of qualifications is genuine and not collusive or sham.
3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham statement of qualifications and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham statement of qualifications or to refrain from submitting to this RFQ.
4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the rate schedule price or to fix any overhead, profit or cost element of the rate schedule price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.
5. All statements contained in the statement of qualifications and related documents are true.
6. I have not directly or indirectly submitted the rate schedule price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFQ depository, or to any member or agent thereof, to effectuate a collusive or sham statement of qualifications.
7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this statement of qualifications .
8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
23-002
Erik Piller, Senior Vice President
769
RFQ 23-002 City of Hermosa Beach
6.2.3 Compliance with Insurance Requirements
RFQ #: _________
The selected consultant will be expected to comply with the City s insurance requirements contained within this RFQ.
The undersigned declares states and certifies that:
1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Qualifications.
2. If selected, proposer agrees to accept all conditions and requirements as contained therein.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
23-002
Erik Piller, Senior Vice President
770
RFQ 23-002 City of Hermosa Beach
6.2.4 Acknowledgement of Professional Services Agreement RFQ #: _________
The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.
1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.
2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
23-002
Erik Piller, Senior Vice President
771
January 31, 2023
Suja Lowenthal, City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants Dear Ms. Lowenthal:
Per this letter, Bureau Veritas Technical Assessments LLC certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to the REQUEST FOR QUALIFICATIONS (RFQ) NO. 23-002 ON-CALL AMERICAN WITH DISABILITIES ACT (ADA) CONSULTING SERVICES dated January 12, 2023, are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement.
Respectfully,
Erik Piller
Senior Vice President
BUREAU VERITAS 220 TECHNOLOGY DRIVE | IRVINE, CA 92618
P 800.733.0660 | F 410.785.6220 | BVNA.COM
772
CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE ON-CALL AMERICANS WITH
DISIBILITIES ACT (ADA) CONSULTING SERVICES
BETWEEN THE CITY OF HERMOSA BEACH AND ACCESS INC,
This AGREEMENT is entered into this 28th day of February 2023, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Access Inc, a corporation (“CONSULTANT”).
R E C I T A L S
A. The City desires to obtain on-call ADA consulting services.
B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work.
C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:
CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONSULTANT a total amount not to exceed $400,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.
SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.
773
City of Hermosa Beach
Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.”
TIME OF PERFORMANCE. The services of the CONSULTANT are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.
FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Matthew D. Steele. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.
TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on February 28, 2028, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.
CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
PERMITS AND LICENSES. CONSULTANT will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 774
City of Hermosa Beach