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• Inspect shade structures for structural damage or defacement. • Inspect hardscapes.
• Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). • Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.
5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water.
o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape. • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.
7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation. • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise). • Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.
8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. • Managing emergent vegetation.
• Using hydraulic control structures to rapidly dewater emergent marsh areas. • Managing flow velocities to reduce propagation of vectors.
Municipal Program
Agreement No.2024MP64
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Resolution No. 1374
RESOLUTION NO. 1374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,
CALIFORNIA, APPROVING THE TRANSFER AGREEMENT BETWEEN THE CITY OF
ROLLING HILLS AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR SAFE CLEAN WATER MUNICIPAL PROGRAM FUNDS.
WHEREAS, the Los Angeles Region Safe Clean Water (SCW) Program is administered by the Los Angeles County Flood Control District (District) pursuant to Chapters 16 and Chapter 18 of the Los Angeles County Flood Control District Code with the purpose of increasing stormwater and urban runoff capture and reducing stormwater and urban runoff pollution; and
WHEREAS, Pursuant to Section 16.04.A.2 of the Los Angeles County Flood Control District Code, forty percent of annual SCW Program tax revenues shall be allocated to municipalities within the District in the same proportion as the amount of revenues collected within each municipality to be expended for the implementation, operation and maintenance and administration of Projects and Programs in accordance with criteria and procedures established in Chapters 16 and 18 of the Los Angeles County Flood Control District Code; and
WHEREAS, Pursuant to Section 16.05.A.1 of the Los Angeles County Flood Control District Code, prior to the receipt of SCW Program funds, the City of Rolling Hills must enter into an agreement with the District to receive the transfer of SCW Program funds; and
WHEREAS, Pursuant to Section 18.09 of the Los Angeles County Flood Control District Code, the Los Angeles County Board of Supervisors has approved the Transfer Agreement template for the transfer of SCW Program Funds to municipalities.
Section 1. The City Council of the City of Rolling Hills hereby approves Transfer Agreement No. 2024MP64 between the City of Rolling Hills and the Los Angeles County Flood Control District.
Section 2. The City Manager shall execute Transfer Agreement No. 2024MP64 for and on behalf of the City of Rolling Hills.
Section 2. The City Clerk shall attest and certify the adoption of this Resolution. 193
Resolution No. 1374
PASSED, APPROVED, AND ADOPTED this 26th day of August, 2024. _____________________________
LEAH MIRSCH
MAYOR
ATTEST:
____________________________
CHRISTIAN HORVATH
CITY CLERK
194
Resolution No. 1374
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1374 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,
CALIFORNIA, APPROVING THE TRANSFER AGREEMENT BETWEEN THE CITY
OF ROLLING HILLS AND THE LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT FOR SAFE CLEAN WATER MUNICIPAL PROGRAM FUNDS
was approved and adopted at a regular meeting of the City Council on the 26th day of August, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
CHRISTIAN HORVATH
CITY CLERK
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Agenda Item No.: 13.B
Mtg. Date: 08/26/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALAN PALERMO, PROJECT MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH THE
BERGEMAN GROUP TO PROVIDE CONSTRUCTION MANAGEMENT
SERVICES FOR CONSTRUCTION OF THE TENNIS COURT ADA
IMPROVEMENT PROJECT AT A NOT-TO-EXCEED FEE OF $103,950
DATE: August 26, 2024
BACKGROUND:
At the June 12, 2023 City Council Meeting, city staff reported on a coordination meeting with the Rolling Hills Community Association (RHCA) held in May 2023. At this meeting, it was communicated that the City's Tennis Courts ADA Improvement Project (TC-ADA) would incorporate the grading and retaining wall to support the RHCA's Cabana improvement/amenities project. This addition to the City's improvement plans was determined based on concerns over the sequence of construction and to facilitate workflow between contractors commissioned by the city and the RHCA. City staff, RHCA, and Bolton Engineering held two subsequent coordination meetings on June 6, 2023, and June 14, 2023, to discuss outstanding items and update all parties.
At the June 26, 2023 City Council meeting, staff reported the following:
A review of the City's improvement plans was completed and approved by the RHCA Architectural Committee on June 13, 2023.
The remaining outstanding review comments by Los Angeles County Building and Safety (LACBS) were to provide approval of the improvement plans from the Planning Department and the RHCA. Bolton Engineering resubmitted plans with these required approvals for a final round of plan checks on June 15, 2023.
Staff anticipated that the TC-ADA would be ready to advertise for construction bids in July 2023
Several other RHCA projects were being coordinated to ensure any City improvements account for these future projects, including the new Cabana revising the landscape, irrigation, and lighting plans and a retaining wall submittal.
The RHCA plans for the new Cabana were scheduled to be submitted to LACBS in early July 2023. Once the plans for the Cabana were completed for the first submittal to LACBS, the RHCA would then present them to the City Council at a future meeting for 196
feedback.
In previous years, staff had received preliminary construction estimates for the TC-ADA in the amount of $300,000 and listed it as such in past Capital Improvement Plans.
In recent months, the RHCA has worked with Richie-Bray, Inc., on landscape, irrigation, and lighting plans. After outreach from staff, Richie-Bray, Inc., indicated a willingness to complete these plans for the city for $7,000.00.
The City Council directed staff to advertise the TC-ADA for bids and approved the allocation for landscape, irrigation, and lighting plans. The City Council would be provided the opportunity to review the results of the construction bids and ultimately decide whether to award a contract at a later date.
On July 10, 2023, the City Council approved Resolution No. 1344, authorizing a budget amendment to transfer $307,000 from reserves to the Capital Projects Fund for this project.
On July 12, 2023, City staff began the first of many monthly meetings with the RHCA regarding project coordination and the process for further submissions to LACBS. Staff also began discussions with the City Attorney on ensuring that the two entities were clearly defined as separate projects.
On July 24, 2023, the City Council was asked to approve RHCA’s conceptual design so they could submit plans to the LACBS to begin the permitting process. At this time, no formal construction timeline has been set for the project to begin. The Council voted to approve it as presented, noting that it would discuss the proposed firepit when the item comes back in the future.
In August 2023, staff worked on addressing LACBS requirements for Low-Impact Development (LID) standards. The RHCA finalized their plans for submission to LACBS and began preparing to get estimates on their Cabana project.
In October 2023, LACBS acknowledged receipt of resubmittals but did not indicate a timeframe for response. The retaining wall plans were approved. City In November 2023, the RHCA shared plans for the expansion of Tennis Court #1, a proposal for the scope of work, and some cost estimates. Staff and the RHCA continued with planning/staging discussions to lead responsibility for the various project components.
In December 2023, as part of the ongoing discussions, the RHCA provided staff with plans, two bids from 2022, and a staff memo describing the tennis club’s request and scope of work for the rebuilding and expansion of court #1. The RHCA agreed to send an overview of their construction program with timelines and key milestones.
In January 2024, staff received approved grading plans from LCBS. RHCA enlisted the services of the Bergman Group to help with construction management, and LA CBSs began its second round of review on RHCA’s cabana
On March 25, 2024, City staff provided a status update to the City Council as outlined in this report.
On April 22, 2024, the City Council unanimously approved assigning the RHCA to lead 197
responsibility for the combined TC-ADA and Cabana projects. The city then took the lead in constructing the subsequent Tennis Court #1 Expansion Project.
At the June 24, 2024 City Council meeting, staff presented that due to financial constraints caused by significant infrastructure repairs requiring immediate attention, the RHCA had reconsidered their approach and requested reverting to the initial concept with the City leading the ADA component of the Tennis Court improvements. To assist with the fiscal impact, the RHCA board had agreed to contribute 50% of the associated cost for the ADA/Retaining Wall.
The RHCA has allocated $400,000 for the ADA component and will review and consider additional funding if required. Based on this information, the City Council authorized reallocating funds from the capital account designated for the Tennis Court 1 expansion project back to the TC-ADA.
Staff has proceeded with the next steps per the City Council's original June 2023 direction to advertise the Tennis Court ADA Improvement Project for bids. The City Council will be provided the opportunity to review the results of the construction bids and ultimately decide whether to award a contract at a later date.
DISCUSSION:
Over the past seven months, and prior to June 24, 2024, the reassignment of lead responsibility for projects, the RHCA contracted with the Bergeman Group for Construction Management Services. They attended multiple City/RHCA coordination meetings and have become familiar with all related tennis facility improvement projects.
As a result, to ensure continuity and assist staff with both the bid and subsequent construction processes, staff requested a proposal from the Bergeman Group for construction management services.
With plans approved by LACBS, staff proposes to utilize the Bergeman Group's services in the Pre-Construction Phase at the hourly rate included in their proposal and budget for a maximum of 60 hours. These hours would be used at the City’s direction for assistance in reviewing a well-defined scope for the construction bid package to ensure it contains the necessary information to reduce or prevent the possibility of contractor change orders during construction. The proposed hourly rate creates a budget of $12,600 for the pre-construction phase.
The Bergeman Group also provided a weekly fee during the Construction Phase based on approximately 15 hours/week with an estimate of 4-6 months. Services they will perform during the construction phase include:
owner's representative and liaison with the contractor during construction; monthly progress updates;
monitor construction schedule and budget;
review and process contractor payment requests;
review/evaluate contractor change order request;
process and track product submittals; and
process and track requests for information, etc.
Assuming a six-month timeframe would create a budget of $81,900 for services during the construction phase.
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With guidance from the City Attorney, staff believes Public Contractors Code 3.04.060 (E), which allows for an exception to the competitive bidding requirement, is applicable. This section states that bidding is not required if “at the discretion of the City Manager, and upon a finding supported with written documentation, it is in the City's best interest in regard to product uniformity, total cost of acquisition, and/or similar considerations. These purchases must be approved by the City Manager or his/her designee.” Staff recommends utilizing the Bergeman Group's knowledge of the overall project for the TCADA Project.
FISCAL IMPACT:
Staff recommends budgeting $103,950 for construction management services which includes a 10% contingency.
Staff will not know the cost of the full TC-ADA project until construction bids are received. The City Council currently has approximately $300,000 appropriated in the Capital Improvement Funds.
RECOMMENDATION:
Approved as presented
ATTACHMENTS:
CA_AGR_240826_BergemanGroup_TC-ADA_F.pdf
CA_AGR_240812_BergemanGroup_Proposal_TC-ADA.pdf
199
CITY OF ROLLING HILLS
PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT made and entered into this 26th day of August, 2024 between the City of Rolling Hills, a municipal corporation, hereinafter referred to as "CITY'' and Iopono Holdings Group, LLC d.b.a. Bergeman Group, hereinafter referred to as “CONSULTANT.”
1. RECITALS:
A. The CITY does not have the personnel able and available to perform the services required under this Agreement.
B. The CITY desires to contract the CONSULTANT to provide construction management services for the Tennis Court ADA project.
C. CONSULTANT is well qualified by reason of education, skill, and experience to perform such services and warrants to the CITY it has the qualifications, experience, and facilities to perform properly and timely the services under this Agreement
D. CONSULTANT is willing to render such services as hereinafter defined.
Now, therefore, for and in consideration of the mutual covenants and conditions herein contained, CITY hereby engages CONSULTANT and CONSULTANT agrees to perform the services set forth in this AGREEMENT.
2. SCOPE OF WORK
CONSULTANT shall furnish all materials and perform all work necessary to complete in a manner satisfactory to CITY the services set forth in the scope of work attached as Exhibit A an incorporated herein. To the extent this Agreement conflicts with Exhibit A, or any other exhibit, this Agreement shall control.
3. COST
The CITY agrees to pay CONSULTANT for all the work contemplated by this AGREEMENT an amount not to exceed one hundred, three thousand and nine hundred and fifty dollars ($103,950.00) for all services rendered. CONSULTANT estimates that the services for pre-construction work is approximately $12,600.00, services for work during construction is approximately $81,900.00 and a 10% contingency of $9,450.00 The hourly rate and cost for specific services is more particularly described in Exhibit A.
This fee includes all expenses, consisting of all local travel, attendance at meetings, printing and submission of any documents or reports required by the Scope of Work. The 200
CITY shall only pay CONSULTANT for services actually performed. Any increase in contract amount or scope shall be approved by expressed written amendment executed by the CITY and CONSULTANT.
4. METHOD OF PAYMENT
CONSULTANT shall be reimbursed thirty (30) days of submitting an invoice to City for the SERVICES. CONSULTANT shall submit invoices electronically to the City Manager of the CITY and shall also provide a courtesy copy by U.S. Mail addressed to the City Manager of the CITY.
5. SUBCONTRACTING
CONSULTANT may only employ qualified independent subcontractor(s) to assist CONSULTANT in the performance of SERVICES with CITY’s prior written approval.
6. COMMENCEMENT OF WORK
CONSULTANT shall commence work under this AGREEMENT upon execution of this AGREEMENT.
7. PERFORMANCE TO SATISFACTION OF CITY
CONSULTANT agrees to perform all work to the reasonable satisfaction of CITY and within the time hereinafter specified.
8. COMPLIANCE WITH LAW
All SERVICES rendered hereunder shall be provided in accordance with the requirements of relevant local, State and Federal Law. Further, CONSULTANT shall use the standard of care in its profession to keep itself informed of and comply with all applicable local, state and federal laws. CONSULTANT represents and acknowledges that at its sole cost, CONSULTANT shall obtain and maintain all required licenses, insurance and approvals that are legally required for CONSULTANT to perform the SERVICES.
9. ACCOUNTING RECORDS
CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available by the CONSULTANT during the contract period and thereafter for five years from the date of final payment.
201
10. OWNERSHIP OF DATA
All data, designs, photographs, reports and other material collected or prepared under the contract shall become the property of the CITY.
11. TERM OF CONTRACT
The term of this Agreement shall be from the effective date of this Agreement and terminate after one year of such executions unless extended by mutual written agreement of the parties. City may terminate this Agreement at any time, with or without cause. In such event, Consultant shall be compensated for work satisfactorily accomplished up to the time of termination consistent with the not to exceed amount.
12. TERMINATION
This contract may be terminated by the CITY with or without cause upon fourteen (14) days written notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement.
13. ASSIGNABILITY
CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY.
14. AMENDMENT
It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties.
15. NON-SOLICITATION CLAUSE
The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
16. INDEMNITY
CONSULTANT shall indemnify and save harmless CITY, its elected and appointed officers and employees from all claims, damages, suits, cost or actions of every name, 202
kind or description, brought for, or on account of, (i) injuries to or death of any person, (ii) damage to property or (iii) arising from performance of this AGREEMENT in any manner that resulted from the fault or negligence of CONSULTANT, it officers, agents, employees and/or servants in connection with this AGREEMENT.
CITY shall indemnify and save harmless CONSULTANT, its officers, agents, employees, and servants from all claims, damages, suits, costs or actions of every name, kind, or description, brought for, or on account of, (i) injuries to or death of any person, (ii) damage to property or (iii) arising from performance of this AGREEMENT in any manner that resulted from the fault or negligence of the CONSULTANT, its officers, agents, employees, and/or servants in connection with this AGREEMENT.
If CONSULTANT should subcontract all or any portion of the SERVICES to be performed under this AGREEMENT, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the term of the preceding paragraph. This section shall survive termination or expiration of this AGREEMENT.
17. INSURANCE
A. Without limiting CONSULTANT’S obligations arising under paragraph 16 - Indemnity, CONSULTANT shall not begin work under this AGREEMENT until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this AGREEMENT, and shall be maintained throughout the term of this AGREEMENT. Insurance coverage shall be as follows:
i. Automobile Liability Insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connect with the SERVICES to be performed under this Agreement in an amount not less than $1,000,000 combined single limit for each accident.
ii. Commercial General Liability Insurance, insuring CITY its elected and appointed officers and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT’S actions under this AGREEMENT, whether or not done by CONSULTANT or anyone directly or indirectly employed by CONSULTANT. Such insurance shall have a combined single limit of not less than $1,000,000 per occurrence. iii. Worker’s Compensation Insurance for all CONSULTANT’S employees to the extent required by the State of California. CONSULTANT shall require all subcontractors who are hired by CONSULTANT to perform the SERVICES and who have employees to similarly obtain Worker’s Compensation Insurance for all of the subcontractor’s employees.
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iv. Professional Liability Insurance for CONSULTANT that at a minimum covers professional misconduct or lack of the requisite skill required for the performances of SERVICES in an amount of not less than $500,000 per occurrence.
B. Deductibility Limits for policies required any deductible in excess of $10,000 per occurrence shall be approved by the City.
C. Additional Insured. City, its elected and appointed officers and employees shall be named as additional insured on policies referred to in subparagraphs A (i) (ii) and (iv).
D. Primary Insurance. The insurance required in paragraphs A (i) and (ii) shall be primary and not excess coverage.
E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this AGREEMENT, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the AGREEMENT. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this AGREEMENT or procure or renew such insurance, and pay any premiums therefore at CONSULTANT’S expense.
18. ENFORCEMENT OF AGREEMENT
In the event that legal action is commenced to enforce or declare the rights created under this AGREEMENT, the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees in the amount to be determined by the court.
19. CONFLICTS OF INTEREST
No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed.
20. INDEPENDENT CONTRACTOR
The CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT’s employees or subcontractors, except as herein set forth. The CONSULTANT shall not at any time or in 204
any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY.
21. ENTIRE AGREEMENT OF THE PARTIES
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT.
22. NOTICES.
All written notices required by, or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; the parties to this AGREEMENT shall promptly inform the other party of any change of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this AGREEMENT is as follows:
CITY: City of Rolling Hills
Attn: City Manager
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
CONSULTANT: Bergeman Group.
Attn: Otto Riesenberg, Operations Manager
11099 S. La Cienega Blvd, Los Angeles, California 90045
23. GOVERNING LAW
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended.
[Signature Page to Follow]
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written.
CITY OF ROLLING HILLS Bergeman Group
CITY MANAGER [Title]
______ _____ ________
Karina Bañales Name
DATE:___________ DATE:_____________
ATTEST:
______ _____
CITY CLERK
APPROVED AS TO FORM:
______ _____
PATRICK DONEGAN, CITY ATTORNEY
206
Exhibit A
207
1 Project Proposal
Tennis Court ADA Improvement Project
August 12, 2024 V1
City of Rolling Hills
2 Portuguese Street
Rolling Hills, California 90274
CALIFORNIA’S CONSTRUCTION MANAGEMENT ADVISORS
208
2 August 12, 2024
City of Rolling Hills
2 Portuguese Street
Rolling Hills, California 90274
Attn: Alan Palermo
RE: RFP for Construction Management Services
Dear Mr. Palermo,
We are honored that you have invited Bergeman Group to offer a construction management advisory and consulting services proposal for your planned project. We know you have a choice of consulting firms for your project needs, and we greatly appreciate the opportunity to be of service.
Every project requires a detailed assessment, tailored planning, and precise execution to ensure a successful outcome. The cornerstone of Bergeman Group’s approach is our experienced-based ability to successfully integrate the many critical components and disciplines required for a successful construction project. We successfully navigate the complexities of your project, enabling you to achieve your goals. Bergeman Group delivers on our commitment to you by advocating on your behalf, guiding you through project decision points to help reduce risks and by providing critical construction intelligence enabling you to make informed decisions, giving you peace of mind.
Our approach will be tailored to your project. We will analyze your needs and establish the appropriate path to reach your goals, building a team of specialists focused on each successful phase until completion. Our extensive project experience and industry-leading team make Bergeman Group an exceptional fit for your project needs.
At Bergeman Group we are solution driven and our performance is proven. Our desire is to meet and exceed your expectations and we appreciate the opportunity to earn your business. Should you have any questions, need clarifications, or require any revisions to our proposal, please contact us.
We appreciate the opportunity and look forward to working with you.
Sincerely,
Bergeman Group
Dana Bergeman
CEO
Noah Sebastian
Managing Director
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3 Section A
Section B
Section C
Section D
Section E
Section F
About Bergeman Group
Proposed Project Scope
• Familiarity with Your Property
• Proposed Scope of Improvements
Our Process
• Programming Services
• Pre-Construction Services
• Construction Management Services
Detailed Breakdown of Proposed Services
Stage 1: Programming
1) Project Start-Up
2) Evaluation & Due Diligence
3) Define Project Program & Scope of Work
Stage 2: Pre-Construction
4) Design & Bid Documents
5) Competitive Bidding
6) Contractor Engagement
7) Funding & Final Budgeting
8) Prepare for Construction
Stage 3: Construction
9) Construction Administration
Stage 4: Project Close-Out
10) Project Close-Out
Proposed Cost
• Pre-Construction Phase Fee
• Construction Phase Fee
Acceptance
• Proposal Acceptance
• Standard Terms and Conditions
TABLE OF CONTENTS
©2024 Bergeman Group. Unauthorized use or duplication of this document without express written consent from Bergeman Group is in direct violation of the Copyright Act of 1976. This proposal makes use of licensed stock photography. The photography shown is for illustrative purposes only and is not an exact representation of prior projects and work product. 210
4 Section A
About Bergeman Group
211
5 WE HELP
you protect your
investment.
WE ADVOCATE
on your behalf.
WE GUIDE
you through project
variables, helping
you reduce risks.
WE EDUCATE
enabling you to make
informed decisions.
Our Core Values. Every project requires a detailed assessment, tailored planning, and precise execution to ensure a successful outcome. The cornerstone of Bergeman Group is our experienced-based ability to successfully integrate critical knowledge across multiple disciplines to achieve your project goals.
Bergeman Group delivers on our commitment to you by evaluating project requirements, navigating the variables, and helping you reduce your risks. Our approach is tailored to your property or project. We analyze your needs and establish the appropriate path to reach your goals, building a team of specialists focused on each successful phase until completion.
With decades of proven experience, our team provides Program Management, Project Management, Design Consulting, Litigation Consulting, Quality Monitoring and Property Development. We understand the demands of your project, advocate for your interests and help guide you to effective solutions.
We share our expertise so you can make informed decisions for any size project or property, giving you confidence and peace of mind.
Solution Driven. Performance Proven.SM
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6 Our Services.
Owner Representation
Guiding you through project variables giving
you confidence & peace of mind.
Define Scope of Work
Defining the actual issues and scope of work
for each project.
Design & Project Management
Through design, bidding, construction, and
completion, we manage the entire process.
RFPs & Bid Packages
Creating RFPs to send to designers, architects,
engineers, and contractors, then presenting bid
offerings in an apples-to-apples way.
Competitive Bidding
Finding the right contractors, obtaining
competitive bids, and evaluating bids and costs.
Construction Contracts
Creating construction contracts that protect
your interests.
Construction Administration
Administering the construction phase and
advocating to obtain the desired project results.
Quality Monitoring
On-site observations to report on contractor
performance, reduce risk, and improve quality.
Budget & Schedule Reporting
Keeping the project on budget and on schedule
while keeping the property occupied.
Pay App/Change Order Review
Monitoring and checking contractor pay
applications, and evaluating change orders, to
control construction costs.
Close-out Packages
Close-out packages with complete project
documentation, specifications, and warranties.
Resolve Construction Disputes
Out team of experts possess the skills to resolve
disputes and help with construction defects.
At Bergeman Group, we apply experience-based Construction Intelligence to all the services we offer, delivering sustainable and responsible solutions to our clients. By engaging our team on critical projects, our clients benefit from our knowledge and advocacy, positioning you for a successful project completed on time, within budget, and with reduced risk.
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7 Company Information
Office Locations
Ownership
Dana C. Bergeman, CEO
Office: (808) 465-3555
[email protected]
Tax Information
Federal FEIN: 27-2927164
Hawaii GET: W96170677-01
California Main Office
Los Angeles
11099 South La Cienega Blvd., Suite 175
Los Angeles, California 90045
(213) 432-5110
Other Regions
Orange County – (949) 669-8010
Northern California – (650) 963-4222
San Diego, California – (619) 639-9600
Denver, Colorado – (720) 712-5280
Phoenix, Arizona – (602) 767-6300
Pacific Northwest – (971) 888-8010
Jackson, Wyoming – (307) 264-3770
Honolulu, Hawaii – (808) 465-3555
Licenses
Hawaii: CT-31817
California: 1049992
Colorado: LIC00247581
Arizona: ROC 335258
Wyoming: COQ 1909
All licenses are current, valid, and
in good standing.
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8 Section B
Proposed Project Scope
215
9 Familiarity with Your Property
Property: City of Rolling Hills
Address: 2 Portuguese Street
City: Rolling Hills
State: California
Zip: 90274
Property Overview: The community of Rolling Hills is equestrian in nature and enjoys breathtaking views of the coastline, downtown Los Angeles, Catalina Island, and pastoral canyons. There are three gated entrances to the community. Each entrance is staffed 24 hours a day, 7 days a week.
The Rolling Hills Community Client and the City of Rolling Hills share the same boundaries. The entire community is on private property, there is no public property inside the city. All roads are located on Client easements. Both the RHCA office and City Hall are located just outside the Main Gate at 1 & 2 Portuguese Bend Road, respectively.
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10 PROPOSED SCOPE OF IMPROVEMENTS
Proposed Scope of Improvements
Bergeman Group is pleased to provide this consulting services proposal relating your upcoming capital improvement project. Based upon the preliminary information provided to us, we understand your intended scope of project work can be categorized as follows:
The City of Rolling Hills is looking for a construction manager to help oversee and facilitate a project that will be constructed in tandem but separately with the Rolling Hills Community Association (RHCA). The RHCA portion of the work includes constructing a 740 sq ft cabana with kitchen & bathroom and all infrastructure for that structure.
The City’s portion of the project includes making the area ADA compliant with new ramps and grading.
¨ Tennis Court ADA Improvements
o Grading and Drainage Plans, Retaining Wall Plans - both plans are approved o Landscape/ADA Lighting
o ADA Signage / Railing / Stairway Railing
o With the Tennis Court ADA, the City is discussing with RHCA to include/construct with the City ADA project:
§ Underground Utilities/conduits to the future Cabana building will be require (sewer, water, electrical conduit, telecommunications conduit, etc.)
§ Conduits/sleeves for future landscape irrigation
§ Foundation for the Cabana Building
NOTE:
Should Bergeman Group be engaged, our team will discuss with the City of Rolling Hills the project scope options and provide recommendations with next steps for both the PreConstruction Stage and subsequently the Construction Stage, as detailed in the following pages of this proposal.
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11 Section C
Our Process
218
12 THE BERGEMAN METHODSM
OUR 10
-PHASE APPROACH
The start of our successful journey together begins with a road map to ensure we reach the intended destination in a timely and efficient manner.
The Bergeman MethodSM and our 10-Phase Approach is a time-tested, performance-proven recipe for successful project delivery, owner representation, and construction management advisory services. 219
13 220
14 221
15 Section D
Breakdown of Proposed Services
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16 Programming Services
Phase 1: Project Start-Up
PHASE 1: PROJECT START
-UP
Our role as the CM-Advisor and Owner’s Representative is to establish and provide continuity for the project and to represent your interests. The scope of our programming and preconstruction services proposed for your project can generally be broken down as follows:
Collect & Review Available Documents
To better understand your project and property, Bergeman Group will review project-related documents provided by the Client to gather additional information and help ascertain current project and building status.
Establish Project Controls Framework
During the execution of a project, procedures for monitoring cost, schedule, project documents and construction protocols become critical tools in the management and administration of the project.
These tools establish the procedures and record the activities associated with your project including providing a forecast for tracking expenditures, and a mechanism for monitoring the Client-established budget for the project. As a part of our project start up services, we will establish an account for your project in our project management software, Owner-Insite, enabling us to track and monitor the project budget, schedule, RFI’s submittals, and other important project documentation, and compare the designer’s and contractor’s performance to project expenditures and advise the Client of any impending budgetary concerns.
Familiarization with Project Site
Bergeman Group will conduct a preliminary site visit to allow for a general familiarization of the property, develop a preliminary understanding of the areas proposed for construction and repair and to better comprehend the various concerns known to exist. Our site visit will enable us to better communicate with the design team, tenants and further enable us to make recommendations to the Client for project approach.
Client Project Kickoff Meeting
As the project startup phase nears completion, we will organize and hold a project kickoff meeting with you and your team. At this meeting we will introduce you to the Bergeman Group project manager who will be leading efforts on your behalf, review the Bergeman Method, our time tested 10-Phase approach, and discuss the upcoming next steps for your project. 223
17 Programming Services
Phase 2: Evaluation & Due Diligence
PHASE 2: EVALUATION & DUE DILIGENCE
Visual Condition Assessment
Bergeman Group will visually assess the specific areas of concern at the project site to assist the Client with defining the scope of work and to ascertain the extent of repairs. We will use the information gathered to develop a project direction, commonly referred to as the Owner’s Program, and to engage the design professionals needed to develop bid and permit documents for your project.
For purposes of evaluating concealed conditions where destructive means are necessary to access the existing conditions, Bergeman Group will advise when it is necessary to engage a contractor to assist with testing and evaluation of existing building components. The cost of contractor services to assist with evaluation of concealed conditions is not included in this proposal.
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18 Programming Services
Phase 3: Define Program & Scope of Work
(NOT INCLUDED)
PHASE 3: DEFINE PROGRAM & SCOPE OF WORK
Determine Scope Inclusions & Extent of Repairs
Bergeman Group will work with the Client Board to determine the scope inclusions and the extent of repairs to be completed. The Client’s repair program and scope of work (commonly referred to as the “Owner’s Program”) will be refined to include the features and items needed to achieve your project goals.
Develop Project Strategy
We will assist the Client on deciding three (3) important operational choices that will shape and define the responsibilities and cost calculation formulas for prospective contractors and the project. The Client must decide on the following elements:
• Project delivery method
• Procurement method
• Contracting model
Constructability Review
Bergeman Group will provide for a general constructability review of the existing plans and specifications, contracts, and other documents prepared by others. Our review is intended to assess the effectiveness of the contractors proposed scope inclusions and exclusions, bids, contracts, and related project documentation provided to us for review. 225
19 Pre-Construction Services
Phase 4: Design & Bid Documents
(NOT INCLUDED)
PHASE 4: DESIGN & BID DOCUMENTS
Secure Needed Design Professionals
Bergeman Group will assist you with engaging the architectural, engineering, and other specialists required to develop plans and specifications (collectively “bid and permit documents”) which are needed for project bidding and to obtain building permits, if required.
We recommend that the Client engage these parties directly. However, as an option, if requested by the Client, Bergeman Group can engage the necessary team member directly as sub-consultants at an additional expense.
Plans & Specifications
Bergeman Group will coordinate the production of plans and specifications by design professionals such as architects and engineers engaged by the Client, or as indicated above, upon request can be engaged directly by Bergeman Group. The bid and permit documents will be based upon the scope inclusions and extent of repairs defined by the Client and Owner’s Program. Bid and permit documents are needed for four (4) primary purposes:
I.Definition of Scope: Bid and permit documents are essential in defining the scope of work for contractors, including scope inclusions, exclusions, limitations, the types of products to be used and other important considerations such as defining the warranties and guarantees required of the contractor upon completion of the work.
II.Development of Bid Packages: Bid packages are a collection of applicable portions of the bid and permit documents, together with other relevant project information, crafted into packages suitable for bidding by prospective contractors as defined by the Owner’s program and bid strategy.
III.Bidding Accuracy: To obtain apples-to-apples bid comparisons, prospective contractors must be required to bid upon the same scope of work. Bid and permit documents define that scope and result in more accurate bid results from prospective contractors.
IV.Permitting: The types of repairs and improvements you are embarking upon are required by law to be permitted. The bid and permit documents produced by the design professionals on the project team are required by the local building department to obtain a building permit.
Permit Application and Coordination
Bergeman Group will assist with the preparation of the required permit application forms and submit the construction documents to governing authorities for approval. In conjunction with assistance from the designer of record for the project, we will assist with responding to plan check comments from the local building department and will coordinate responses with the Client to obtain permit approval. 226
20 Pre-Construction Services
Phase 5: Competitive Bidding
PHASE 5: COMPETITIVE BIDDING
During the bidding phase of your project, we work to obtain apples-to-apples bid offerings for the proposed scope of work from prospective contractor.
Preparation of Bid Packages
Once the Bid and Permit Documents for the project are complete, Bergeman Group will produce bid packages, inclusive of plans and specifications from design professionals if applicable, for each scope of work. These bid packages are used to guide prospective bidders and are the basis for how prospective bidders are to assemble cost data and provide their bid offering. Bergeman Group’s bid packages will include:
• Invitations to Bid.
• Bidding Instructions.
• Bid Form Requirements.
• Detailed Bid Breakdown Analysis Requirements.
• Insurance Requirements.
• Warranty Requirements.
• Sample Owner-Contractor Agreement.
Bid Walk with Prospective Contractors
Members of the Bergeman Group team will conduct a “bid walk” to introduce prospective contractors to the project and answer questions about the project and property.
Bid Coordination and Preparation of Bid Addendum
As a part of Bergeman Group’s scope of services, and in collaboration with the design professionals, we will assist with bid phase coordination efforts including:
• Coordinate and respond to bidder requests for clarifications. • Issue bid addendum and supplemental information as needed.
Evaluate Contractor Bid Submissions
Bergeman Group views bid analysis as a critical task. By examining and critiquing contractor bids we’re able to reduce the chance of mistakes by the bidders, which reduces the likelihood of costly and unnecessary change orders. Bergeman Group will review contractor bids or negotiated proposals including proposed subcontractors, provide a detailed analysis of bids received, and provide our recommendations to the Client.
Bid Review Meeting
After thoroughly vetting and analyzing the contractor’s competitive bid offerings and assembling our detailed bid breakdown analysis for Client review, we will schedule and conduct a bid review meeting to present and review the bids to the Client Board and other authorized stakeholders.
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21 Pre-Construction Services
Phase 6: Contractor Engagement
PHASE 6: CONTRACTOR ENGAGEMENT
Preparation of Owner-Contractor Agreements
Once a contractor has been selected by the Client, Bergeman Group will develop an AIA OwnerContractor Agreement for each project or bid package awarded and negotiate the terms of the agreement with the selected contractor. Bergeman Group has worked with numerous attorneys in developing contracts on past projects and we follow industry-recognized best practices in developing these agreements.
Developing an Owner-Contractor agreement is a team effort requiring input from multiple perspectives and several different disciplines. For this reason, we strongly recommend that the Client’s attorney review the final AIA documents before execution.
Validate Insurance and Bonding Requirements
As a part of assembling the Owner-Contractor Agreement between the Client and the contractor or contractors of your choosing, our team will verify that the planned insurance, performance and payment bond, liquidated damages, and other contract provisions meet your expectations.
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22 Pre-Construction Services
Phase 7: Final Budgeting & Funding
PHASE 7: FUNDING & FINAL BUDGETING
Finalize & Approve Construction Budget
Once bids are received, a contractor is selected, and an Owner-Contractor Agreement has been executed, we will assemble an updated project budget for your approval prior to the start of construction. Upon approval, this budget will become the tool our team uses to monitor the contractor’s financial performance, enabling us to provide the Client with budget updates for use at your monthly Client meetings.
Procure Project Funding (Optional)
Bergeman Group collaborates with numerous lending institutions to assist our clients with obtaining the funding needed to plan, design, and build their projects. Our experience working with lenders and understanding of the Client financing and loan approval process makes us an excellent choice to assist you with this effort. As an optional service, Bergeman Group will assist you in obtaining project financing to complete your proposed improvements. 229
23 Pre-Construction Services
Phase 8: Prepare for Construction
PHASE 8: PREPARE FOR CONSTRUCTION
Attendance at Client Meetings
Clients conduct monthly board meetings, yearly annual meetings, and often periodic committee meetings to accomplish and implement the day-to-day business of the Client. It is at these meetings where project issues are discussed, ideas are vetted, decisions are made, and project direction is established. As a part of our services, Bergeman Group will attend Client meetings to present current data and discuss ongoing project work.
Town Hall Presentations
A highly effective communication tool used by Bergeman Group is establishing and conducting community-based Town Hall Meetings. Our Town Hall Meetings are open to all owners and tenants in your building. These informational meetings are held by Bergeman Group at critical junctures and are designed to not only help with occupant and owner “buy-in,” but to also ease anxiety surrounding a project, providing owners and tenant’s peace of mind. As a part of our services, Bergeman Group will conduct a Town Hall Meeting to present information to the owners about the project, answer their questions, and review the impact of the work on their residence. For larger projects, we highly recommend that the Client’s other advisors such as your attorney and insurance agent also attend these meetings to provide input and expertise.
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24 Pre-Construction Services
Phase 8: Prepare for Construction
PHASE 8: PREPARE FOR CONSTRUCTION
Verify Final Contractor Construction Schedule
Before construction begins, Bergeman Group meets with the owner’s contractor(s) to verify the final construction schedule. We will inform the Client if any changes or adjustments to the previously agreed-upon schedule are found and make appropriate recommendations, if needed.
Establish OAC Meeting Schedules
Scheduled Owner-Architect-Contractor (OAC) meetings provide an important opportunity for design and construction professionals to track and review the progress of a project, noting questionable issues or conditions that warrant discussion in the meeting. These meetings help to make sure that the architect and the contractor are on the same page throughout the project timeline. They also help reduce the number of unnecessary RFI’s, which are time consuming and can cause delays in the project.
Obtain Performance Bonds & Permits
License and permit bonds are a type of commercial surety bonds required of many business industries. Federal, state and local government agencies require business owners in their respective industries to purchase license and permit bonds before they can be issued a license or a permit for certain types of work. Our team monitors that contractors working on a project obtain the required performance bonds and permits necessary for the completion of the project.
Issue Notice to Proceed
A Notice to Proceed (NTP) is a notification letter indicating that performance should begin under a construction contract. Any party that has hired another party on the project (be it an owner hiring a contractor, a contractor hiring a subcontractor, etc.) might utilize an NTP to indicate the recipient should start their work. This notice provides a clean, crystal-clear indication of when a particular party’s project work begins. That party’s performance time starts from the date indicated in the NTP document.
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25 Construction Services
Phase 9: Construction Administration
PHASE 9: CONSTRUCTION ADMINISTRATION
Owner’s Representative & CM-Advisor
Bergeman Group will act as the Owner’s Representative and liaison with the contractor advising the Client on the contractor’s progress.
Before proceeding with construction activities, our team will evaluate the preparatory work of the contractor to validate that pre-construction activities are complete, enabling the Contractor to commence with construction. Once an NTP with construction has been authorized by the Client, Bergeman Group will issue the NTP to the contractor, and thereafter, act as the Client’s representative throughout the construction phase of the project, advocating on your behalf and helping to protect your investment.
As your CM-Advisor, we will conduct regular Construction Coordination Meetings (“OAC Meetings”) to promote effective coordination and communication amongst the parties during the construction phase.
Project & Client Communication
As a part of our construction phase duties, we will provide monthly progress updates to the Client Board including:
• Communicate project issues to the Client Board
• Maintain a register of project issues and assist with resolution • Act as the contract administrator for the Owner-Contractor Agreement • Act as the “initial decision maker” as defined by the American Institute of Architects for any disputes that may arise with the contractor • Provide consulting advice to the Client Board on project matters • Coordinate project issues with your property management agent • Provide a reasonable level of coordination with unit owners and tenants • Provide general updates via postings in common areas
• Maintain appropriate project documentation
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26 Construction Services
Phase 9: Construction Administration
Construction Schedule
As your construction manager, Bergeman Group will be responsible for monitoring and reporting on the contractor’s construction schedule and for coordinating with the contractor and design professionals as needed to periodically update the project schedule and communicate progress to the Client, homeowners, and residents. Bergeman Group will similarly coordinate with various parties, in terms of adhering to the agreed to project schedules, and making recommendations for adjustments or recovery, as required.
We will monitor the procurement of long-lead time items and review procurement schedules for long-lead items prepared by the contractor to reduce the scheduling risks. In the event we discover concerns relating to the contractor’s procurement plan or construction schedule, we will provide recommendations for corrective action and act upon any directive received from the Client.
Construction Budget
During the project, Bergeman Group will be tasked with monitoring the budget for construction, and for providing regular budget updates to the Client. We will be responsible for maintaining and updating the project budget utilizing an appropriate accounting form, spreadsheet, or software. The accounting shall include all construction costs, inclusive of change orders.
Assembly & Certification of Funding Draw Requests
Most lenders now require that a construction manager assemble, certify, and submit to the lender a report of the work prior to disbursing funds. This is commonly referred to as a draw request or disbursement request. A draw request is a collection of documents meant to provide confirmation to the lender that the work included within each draw request has been completed by the contractor and that loan funds are being used as intended. As a part of our duties, Bergeman Group will assemble and certify draw requests are required by the Clients lender.
Upon certification of a draw request by Bergeman Group and authorization to release funds by the Client, we will provide the completed and authenticated disbursement request package to your lender or property manager, supporting the release of project funds as authorized.
Contractor Applications for Payment
Bergeman Group will be responsible for receiving, analyzing, and processing contractor applications for payment and forward same to Client with a recommendation for action, including amount due, adjustments to the payment application and any bases for withholding payment. Included shall be collecting partial or conditional release of lien as applicable from the contractor with each Application for Payment.
PHASE 9: CONSTRUCTION ADMINISTRATION
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27 Construction Services
Phase 9: Construction Administration
PHASE 9: CONSTRUCTION ADMINISTRATION
Change Requests & Change Orders
As a part of our duties Bergeman Group will receive and review contractor requested change orders or claims related to the project. We will use our expertise and knowledge to evaluate the appropriateness and reasonableness of proposed change orders and their associated costs and will make recommendations to the Client regarding the approval or rejection of any change orders proposed by the contractor. Where required and appropriate Bergeman Group will coordinate with the design professionals, advise the Owner of the design professional’s recommendations and act upon any directive received from the Owner with respect to change orders.
Product Submittals
Submittals typically consist of shop drawings, material data sheets, samples, and product data which are used primarily for construction managers, architects, and engineers to determine the products a contractor proposes to use and install on the project and give the Client the opportunity to select colors and patterns that were not chosen prior to completion of the design and permit documents. Bergeman Group will process and track contractor submittals, receive and review the design professionals’ recommendations regarding contractor submittals, provide accompanying recommendations to the Client, and act upon any submittal-related directive received from the Client.
Requests for Information (RFI)
Requests for information (RFIs) are used to clarify uncertainties, fill in gaps in information found in the project specifications, plans, contracts, or other project documents and to generally seek direction with unanswered project questions. Bergeman Group will process and track contractor RFIs, receive and review the design professionals’ recommendations regarding RFIs, provide associated recommendations to the Client and act upon any RFIrelated directive received from the Client. 234
28 Construction Services
Phase 9: Construction Administration
PHASE 9: CONSTRUCTION ADMINISTRATION
Effective Communication with Owners & Tenants
As a specialist in Client projects, Bergeman Group understands that coordination and communication with the homeowners and tenants is essential. As a part of our homeowner coordination and communication services, we will:
• Communicate scheduling information to the Homeowners
• Verify the contractor provides notices as required
• Respond to homeowner inquiries and questions
• Verify that contractor personnel are courteous, clean and polite • Act as the primary vehicle for communications with individual unit owners and tenants • Prepare project notices that will be posted at various locations throughout the project, including in a centralize Project Information Center.
• Advise homeowners of the status and scheduling for various repairs • Assist the contractor with scheduling temporary shutoffs, etc. • Act as a liaison for owners and tenants, giving them confidence and peace of mind. 235
29 Construction Services
Phase 9: Construction Administration
PHASE 9: CONSTRUCTION ADMINISTRATION
Report on Contractor Workmanship
Regardless of how perfect the preparation, most defects and project problems occur during the construction phase. Bergeman Group will periodically visit the project site to observe and report on the contractor’s workmanship, progress, and approximate amount of repair completed, and to check for overall compliance with the contract and construction documents.
Though construction risks can never fully be eliminated, field observations and reporting are helpful in reducing the likelihood of errors by the contractor. When onsite at the project any deviations or contractor errors we discover will be reported to the Client, the design professionals, and the contractor, including notice to the contractor that they must take corrective action. A log of open contractor workman issues will be developed and tracked to obtain corrective action from the contractor for any open issues identified.
Given the importance of monitoring the contractors work in the field, we will provide the Client with options for expanded monitoring and reporting services. These options are included in the pricing section of this proposal.
Correction of Work by the Contractor
We will receive and review all notices of defects in the work prepared by the design professionals or governmental authorities, provide recommendations to the Client and act upon any directive received from the Client with respect to contractor errors.
In conjunction with the design professionals’, we will advise and provide a recommendation to the Client regarding any work that may need to be uncovered for evaluation, and act upon any directive received from the Owner including directing the contractor to uncover work for evaluation.
We will receive and review the design professionals’ recommendations regarding needed testing or evaluation procedures for the work, provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval to the design professional.
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30 Construction Services
Phase 10: Project Close-out
PHASE 10: PROJECT CLOSE
-OUT
Substantial Completion
Bergeman Group will participate in examining the work with the design professionals to determine whether Substantial Completion has been achieved by contractor and assist in preparation of list of items (“punch list”) to be completed or corrected to achieve Final Completion.
We will receive and review the contractor's proposed certificate of Substantial Completion, provide recommendation to Owner and act upon any directive received from the Owner including communicating Owner's approval.
Demobilization & Final Completion
At the conclusion of the repairs after the contractor has achieved Final Completion, Bergeman Group will assemble the final project management documents for the Client in a Project Close-Out package and provide the documents to the Client. The Project close out package will include:
• The final updated budget and associated payment information • Copies of all change orders, clarifications, and summary repair costs • Copies of drawings developed for the project
• Applicable warranties and guarantees required of the contractor • Key correspondences and records
• Operation and maintenance manuals (if applicable)
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31 Section E
Proposed Cost
238
32 Programming & Pre-Construction Fee
PROPOSED COST PROPOSED COST
For the Programming & Pre-Construction Stages of your project and based upon the data we currently have about your desired improvements, we are pleased to offer you the following choice of formats for Programming & Pre-Construction Services.
Programming & Pre-Construction Phase Fee
(Choose One Option)
OPTION A: Time & Expense ....................................................$ 210.00 Per Hour or
OPTION B: Fixed Fee
Phase 1: Project Start Up .............................................................$ 1,050.00 Phase 2: Evaluation & Due Diligence.............................................$ 2,100.00 Phase 3: Define Program & Scope of Work....................................Not Included Phase 4: Design & Bid Document Coordination .............................Not Included Phase 5: Competitive Bidding .......................................................$ 6,300.00 Phase 6: Contractor Engagement..................................................$ 5,250.00 Phase 7: Final Budgeting..............................................................$ 3,150.00 Phase 8: Prepare for Construction.................................................$ 3,150.00 OPTION B: PRE-CONSTRUCTION TOTAL FEE......................... $21,000.00 Programming & Pre-Construction Meetings and Presentations:
Committee and Client Meetings .....................................................INCLUDED Town Hall Meeting (1) ..................................................................INCLUDED Programming & Pre-Construction Stage Pricing Notes:
• Our fixed fee offering for the Programming and Pre-Construction Stages anticipates a level of effort not exceeding 100 hours in total. Additional Programming or Pre-Construction Stage efforts beyond this allowance shall be considered an Additional Service, as authorized by the Owner in writing.
• Miscellaneous reimbursable expenses such as photocopies, blueprints, postage, travel & mileage, delivery fees, and similar expenses are not included in the fees listed above. These miscellaneous costs will be invoiced to the Client as a reimbursable expense in accordance with the attached Fee & Reimbursable Expense Schedule.
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33 Construction Administration & Project Close-Out Fee
PROPOSED COST
For the Construction Administration & Close-Out Stages of your project and based upon the data we currently have about your desired improvements, we are pleased to offer you the following choice of formats for Construction Administration & Close-Out Stage Services.
Construction Administration Phase Fee
(Choose One Option)
OPTION A: Time & Expense .................................................$ 210.00 Per Hour OPTION B: Weekly Fixed Fee................................................$ 3,150.00 Per Week Construction & Close-Out Stage Pricing Notes:
• Our Weekly Fixed Fee offering for the Construction Phase anticipates a level of effort averaging 15 hours per week. Additional Construction Phase efforts beyond this weekly allowance shall be considered an Additional Service, as authorized by the Owner in writing. • Miscellaneous reimbursable expenses such as photocopies, blueprints, postage, travel & mileage, delivery fees, and similar expenses are not included in the fees listed above. These miscellaneous costs will be invoiced to the Client as a reimbursable expense in accordance with the attached Fee & Reimbursable Expense Schedule.
• Our construction phase fee assumes the construction phase will not exceed 4-6 months from issuance of NTP through to final completion of construction. If additional construction phase efforts are necessary, the additional effort shall be considered an additional service. • Phase 10 – Project Close-Out is included in the fee options listed above at no additional charge. 240
34 Section F
Acceptance
241
35 We accept & approve this Agreement including the
Agreement Terms & Conditions attached hereto.
Proposal Date: August 8, 2024
Proposal Version: V1
Client: City of Rolling Hills
Project: Tennis Court ADA Improvement Project
Services: Construction Management Advisory Services
Terms and Conditions: Attached
Programming & Pre-Construction Stage
(Choose One Option)
¨ Time & Expense ................................................................... $ 210.00 per hour ¨ Fixed Fee ............................................................................. $.00 Construction Administration Stage
(Choose One Option)
¨ Time & Expense ................................................................... $ 210.00 per hour ¨ Weekly Fixed Fee.................................................................. $ 3,150.00 Per Week Signatures
Proposal Acceptance
PROPOSAL ACCEPTANCE
Primary Client Signature
Primary Client Name
Primary Client Title
Date
Bergeman Group Signature
Bergeman Group Name
Bergeman Group Title
Date
Dana Bergeman
CEO
Secondary Client Signature
Secondary Client Name
Secondary Client Title
Date
242
36 These terms and conditions are a part of and fully incorporated into the Contract Agreement (hereafter “Agreement”) between the Client (hereafter “Client”) and Iopono Holdings Group, LLC doing business as Bergeman Group (hereafter “BG”).
1. GENERAL PROVISIONS:
1.1. AGREEMENT: This Agreement represents the entire and integrated Agreement between Client and BG (hereafter the “Parties”) for the Client’s proposed Project (hereafter the “Project”). The terms of this Agreement shall control and prevail over conflicting terms in any other document, exhibit, or attachment between the Parties. If Project requirements change or unexpected conditions arise requiring that the scope of services (hereafter “Services”) covered by this Agreement be revised, the Parties shall mutually agree in writing to amend this Agreement. Should the Client or its authorized agents direct a change to BG’s Services without amending this Agreement in writing, the Client shall compensate BG for the additional services rendered by BG. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
1.2. STAFF TIME ALLOCATION: BG staff assigned to and working on the Project will vary from task-to-task based on experience and availability. BG’s standard working time shall be eight (8) hours per day, Monday through Friday, excluding federal, state, and local holidays. Weekend and holiday work will be charged at 1.5 times the Standard Rates described in the Fee & Reimbursable Expense Schedule attached hereto. Where BG fees are calculated using an hourly, time & expense, or not to exceed methodology, BG’s fees will be invoiced to the Client in fifteen (15) minute increments.
Travel time related to the Project is not included and will be charged at the standard hourly rate of the employee in accordance with the attached Fee & Reimbursable Expense Schedule. All taxes imposed by governmental authorities, including General Excises Taxes where applicable, shall be added to each invoice.
1.3. PARTIES: The terms project manager, construction manager, construction administrator, contract administrator, consultant, architect, engineer, designer, contractor, Client, owner, board of directors, Client, property manager and other terms of a similar nature shall be construed to include the authorized representatives of each such Party.
1.4. CORPORATE PROTECTION: At no time and under no circumstances shall the owners, members, managers, or employees of Client or BG be personally liable for any obligation under this Agreement, or for any losses or consequential damages, regardless of origin, type, or kind. The Parties waive any applicable statute or law to the contrary.
1.5. NO ASSIGNMENT: Neither party to this Agreement shall sell, transfer, subcontract, or assign any rights or interests in this Agreement without the prior written consent of the other party; provided, however, BG may enter into sub-consulting agreements as necessary to perform BG’s Services provided BG advises Client of such or as may otherwise be requested by the Client.
1.6. SEVERABILITY: If any provision of this Agreement or portion thereof shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, all remaining provisions or portions thereof shall be considered unaffected and shall remain in full force and effect so long as the essential purpose of this Agreement can be achieved.
1.7. FORCE MAJEURE: Neither party shall be held responsible for any delay, loss or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, hurricane, tsunami, geologic or volcanic activity, natural disaster, strike, explosion, war, embargo, terrorism, social unrest, epidemic or pandemic, government requirement, civil or military authority, acts of God, or other causes beyond its reasonable control.
1.8. INSURANCE & LEGAL DISCUSSION: BG is not a legal service or insurance consultancy. Client acknowledges that BG does not provide legal counsel or insurance services. Any legal or insurance discussions that include BG are purely informational and contextual due to the interrelationship of these topics to the Services to be provided by BG. BG recommends and advises that the Client seek the advice of its legal and insurance advisors for any legal or insurance related matters pertaining to the Project.
1.9. HEADINGS: All article headings are for convenience and reference only and shall not limit, expand, describe, or affect the interpretation of this Agreement.
1.10. CHOICE OF LAW: The laws of the State where the Project is physically located shall govern the interpretation and enforcement of this Agreement, without giving effect to the conflict of law principles thereof.
1.11. INTEGRATION: This Agreement fully expresses all agreements and understandings of the Parties concerning the matters covered in this Agreement.
No change, alteration, amendment, or modification of the terms or conditions of this Agreement, nor verbal understanding of the Parties, their members, officers, agents, or employees shall be valid unless made in writing and signed by both Parties. This Agreement supersedes all prior and contemporaneous discussions, communications, proposals, negotiations, representations, and agreements, oral or written, between the parties and their representatives.
1.12. AUTHORITY: The person or persons signing this Agreement represent and warrant that they have the full authority to bind Client to this Agreement.
Agreement Terms and Conditions
Edition: November 2021
243
37 2. STATUS AND LIABILITY:
2.1. ADVISOR ONLY: Client acknowledges and agrees BG is only an advisor, acting solely in a consultative capacity to Client, is not Client’s fiduciary, and is not responsible or at risk for the completion of the Project or the performance of Client’s designers, contractors, subcontractors, or other consultants in relation to the Project. BG shall have no liability to Client or any other third party arising out of this Agreement or the performance of the Services except to the extent such liability results solely and directly from BG’s negligence in its performance of the Services. BG’s total liability arising out of this Agreement and the performance of its Services shall not exceed the Fee paid or payable to BG, or $20,000, whichever is greater.
2.2. LIMITATION: The Parties agree to waive and discharge the other from any liability for consequential and indirect damages, in any form (including, but not limited to, lost profits, lost rent, punitive damages, financing costs, lost equity in the Project, rental expenses, temporary facilities, damaged reputation, etc.), arising out of this Agreement, the Project, or the performance of BG’s Services.
3. STANDARD OF CARE:
3.1. STANDARD OF CARE: BG will endeavor to perform its Services with the reasonably expected degree of skill and care exercised by consultants in the same profession practicing in the same locality and under the same circumstances. The Client acknowledges the risks associated with building construction, repair, remodeling, restoration, renovation, and modernization and accepts that BG makes no warranties or guarantees to Client, either express or implied, by or under this Agreement.
3.2. UNKNOWNS: The Client acknowledges and understands that out of necessity certain assumptions have been made in the preparation of this Agreement to account for unknown conditions that may exist regarding the property and the Project due to inaccessible, concealed, or unforeseen conditions. One or more of these assumptions may change if more information becomes available. If conditions change due to differing or more complete information becoming available or should unforeseen conditions arise BG’s schedule and fee for the performance of its Services shall be equitably adjusted.
3.3. EXISTING CONDITIONS: The Client acknowledges that BG, at the commencement of these Services, did not create and is therefore not responsible for the physical conditions or characteristics that exist at the Project location. Client agrees to release, indemnify and hold harmless BG, its owners, officers, directors, members, managers, employees, contractors, consultants, and their respective employees from and against any and all claims, causes of action, liabilities, demands, losses, injuries, damages, suits and expenses including attorneys’ fees and costs of defense, to the extent that the same are caused by or relate to the existing physical conditions or characteristics at the Project location at the commencement of this Agreement.
3.4. ACCESS & SITE ACTIVITIES: Client shall provide BG with reasonable access to the Project site for the performance of its Services including investigation, evaluation, testing or exploration activities. Client acknowledges when investigating or evaluating in situ conditions it may be necessary to perform destructive or invasive testing and other exploratory efforts. BG will take reasonable precautions to minimize damage caused by such activities. BG has not included in this Agreement the cost of a contractor to assist with such investigation, evaluation, testing or exploration nor the cost of repairing damage because of such efforts. Client shall be responsible for all contractor costs associated with investigation, evaluation, testing and exploration activities and repair of the area or areas affected by such investigation, evaluation, testing or exploration.
3.5. COMMUNICATION THIRD PARTIES: BG will communicate with the Client consistent with the standard of care described in Section 3.1; however, Client agrees and understands that at no time shall BG be responsible for the Client’s duties with respect to formal or legally required communications, written or oral, with individual dwelling unit owners, apartment owners, condominium owners, co-op members, tenants, renters, residents, occupants, retailers, resident managers, property managers or other third-parties in multi-family, multi-owner, or multi-tenant or condominium properties. Any communication between BG and individual dwelling unit owners, apartment owners, condominium owners, co-op members, tenants, renters, residents, occupants, retailers, resident managers, property managers or other third parties shall be Project communications only, implemented as part of BG’s overall project communication efforts.
4. DOCUMENTS & DATA:
4.1. USE AND OWNERSHIP: All documents, including proprietary information, of any kind, whether electronic data or hard copy (hereafter “Project Data”), prepared by BG or its consultants are proprietary instruments of service, which shall remain the sole property of BG (for itself and on behalf of its consultants). However, upon payment by the Client for Services rendered by BG under this Agreement, Client is granted authorization to use such Project Data, but only for the Project for which the Project Data was prepared, and as otherwise allowed by federal, state, and local law.
Under no circumstances shall the Project Data, or any part thereof, be used by the Client, directly or indirectly, in whole or in part, on or for any other project without (a) prior written notice to, and (b) prior written consent of, BG. Client shall not communicate, disseminate, license, or otherwise share BG’s Project Data, or any part thereof, with any other person or entity providing professional services that are the same or similar to the professional services provided by BG to the Client under this Agreement.
4.2. AS-BUILT DOCUMENTS: The Client shall provide BG with complete, current, and legible Project documents, original construction drawings, renovation drawings, submittals, and any other documents and data (hereafter “Reference Data”).
4.3. PROMOTIONAL USE: The Client shall permit BG or person(s) employed or engaged by BG, without compensation or consideration to Owner and at BG’s expense, to take photographs at the Project site of both completed work and work in progress, for purposes including, but not limited to, use in BG promotional print media, website, and use in BG marketing materials. Such photographs and any accompanying descriptions or information shall not identify specific owners or highly sensitive Project information without written consent of Owner. 244
38 5. INSURANCE:
5.1. INSURANCE COVERAGE: The Parties agree BG will provide the following limits for insurance coverage applicable to the Project:
§ Workers Compensation: As Required by Statute
§ Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate § Professional Liability: $1,000,000 per claim / $2,000,000 aggregate § Automotive Liability: $1,000,000 per accident
§ Employers Liability: $1,000,000 per employee
5.2. ADDITIONAL INSURED: If the Client enters into agreements with architects, engineers, consultants, or contractors not under contract with BG for services related to those performed by BG or for the same Project for which BG has been engaged by the Client, then Client shall cause each of those parties to name Client and BG as an additional insured and loss payee, including on-going and completed operations, without exclusions. All coverage shall be primary and include a waiver of subrogation in favor of BG and its insurers.
5.3. THIRD PARTY BENEFICIARIES: Nothing in this Agreement requires or shall be deemed to require BG to undertake any obligations for the benefit of the Client’s designers, contractors, consultants, their subcontractors or sub consultants or any surety. Client shall include the following clause in all agreements with its designers, contractors, subcontractors and sub-consultants: “_________ and Bergeman Group have agreed that nothing in the Agreement between Bergeman Group and _________ requires or is deemed to require Bergeman Group to undertake any obligation for the benefit of _________’s contractors, consultants, subcontractors, sub consultants, or any surety. BG’s obligations are solely to Client. BG shall not be responsible for burdens, expenses, or liabilities of the contractors, consultants, or their subcontractors and sub consultants, or any surety, because of BG’s performance of its obligations to _________.”
6. INDEMNITY:
6.1. MUTUAL INDEMNIFICATION: Each Party shall indemnify and hold harmless, and release the other, its officers, agents, and employees from and against any and all claims, demands, actions, causes of action, liabilities, losses, injuries, damages, suits, and expenses, including attorneys’ fees and costs, incurred by, asserted against or arising from, in connection with, or caused by any willfully negligent act or omission of such indemnifying party or its agents, employees, contractors or subcontractors.
6.2. CLIENT DECISION: Client shall indemnify, defend and hold harmless BG, its owners, officers, directors, members, managers, employees, contractors, partners, consultants, and their respective employees and agents (“Indemnitees”), from and against any and all claims, demands, actions, causes of action, liabilities, losses, injuries, damages, suits, and expenses, including attorneys’ fees and costs, incurred by or asserted against Indemnitees, or any of them, arising out of or resulting from Client’s decision to disregard BG’s recommendations, advice, directions and instructions, or due to errors of the Client.
6.3. CLAIMS BY UNIT OWNERS: In recognition of the risks to BG in rendering Services to the Client, to the fullest extent permissible by law, the Client agrees to defend, indemnify and hold harmless BG, its owners, officers, directors, members, managers, employees, contractors and agents, from and against any and all claims, causes of action, liabilities, demands, losses, injuries, damages, suits, and expenses, including attorneys’ fees and costs of defense, incurred by or asserted against BG, however alleged or arising, brought by an apartment owner or apartment owners, dwelling unit owner or dwelling unit owners, condominium owner, co-op member, tenant, renter, resident, resident manager, property manager, homeowner or homeowners, member or members, officers, directors, any third party, or anyone holding by, through or under them, arising out of or in any way connected with the Project or relating to the performance of BG under this Agreement. Client acknowledges, understands, and agrees this may necessitate that Client obtain and maintain applicable insurance coverage to insure the foregoing contractual indemnification obligation.
7. HAZARDOUS MATERIALS:
7.1. DESCRIPTION: As used in this Agreement, hazardous materials include but are not limited to asbestos, PCB’s, lead, mold, mildew, fungus, radon, combustible gasses, electromagnetic matter, toxic or hazardous waste, biohazards, petroleum, petroleum products, radioactive materials, or any other materials or substances that would under any quantity or condition pose a danger to persons or property, if exposed.
7.2. HAZARDOUS MATERIALS ACKNOWLEDGEMENT: Client acknowledges and agrees that BG does not provide hazardous materials services, environmental engineering, or similar consulting services. BG’s Services do not include work related to hazardous materials or hazardous substances.
Should any environmental or hazardous materials services be or become necessary because of Project conditions, the Client shall, at its sole risk and expense, provide the necessary environmental consultants and laboratory services necessary to address the hazardous or potentially hazardous Project conditions to ensure that the Project site is free from any hazard which may result from the existence of such substances. Client acknowledges that certain building components may be physically disturbed, modified, altered, or removed as a part of the Project and that substances may be released into indoor or outdoor environments because of the Project. Client shall be solely responsible for retaining licensed, insured, and certified professionals with appropriate experience necessary to secure, control, monitor, remediate and/or abate any hazardous substances that may exist, be found to exist, or be suspected at the Project site. Client agrees to defend, indemnify, and hold harmless BG from and against all claims, causes of action, lawsuits, damages, and expenses, including attorneys’ fees, incurred by or asserted against BG arising out of or relating to any hazardous materials at the Project site, Client shall assert no claim against BG, its owners, members, managers, agents, employees, or consultants arising out of or in connection with such hazardous materials or substances. 245
39 8. BUDGETS, ESTIMATES & CONSTRUCTION COSTS:
8.1. CONSTRUCTION COST ESTIMATES: When preliminary or conceptual construction costs, budgets, estimates or similar documents are provided by BG as part of its Services, BG will use commercially reasonable diligence and judgment in preparing such budgets, estimates and the like, however, BG does not represent, warrant, guarantee or assure Client that final Project costs, including contractor bids, negotiated prices, or other Project costs, will be within BG’s preliminary or conceptual cost estimates. Client acknowledges and agrees that final Project construction costs and fees may differ significantly or substantially from BG’s preliminary or conceptual budgets or estimates due to scope revisions, market conditions, or other factors beyond the control of BG.
8.2. MARKET VOLITILITY: Client acknowledges that BG has no control over and shall not be responsible for the cost of labor, materials or equipment for construction, rehabilitation, repair, alteration, improvement, or similar activity and further acknowledges and accepts that BG has no control over, and shall not be responsible for, fluctuations in market conditions, supply chain disruptions, the availability of contractor labor, contractor bid proposals, or contractor estimating techniques.
9. PERMITTING:
9.1. PERMITS: As a part of BG’s Services, BG may assist Client with building permit related matters, however, BG has not included the cost of building permits, plan review, third-party review or permit expediting services in its fee. The Client, at its sole risk and expense is responsible for all building permits, plan review, expediting and similar permit related fees or shall reimburse BG for the same if BG is directed by the Client to engage such third parties to provide such services.
10. CONSTRUCTION:
10.1. OVERSIGHT REQUIRED BY LAW: State laws may require that Client’s contractor’s or contractors’ work be supervised or observed by the architect, engineer, or similar designer of record. BG’s Services expressly exclude supervision or observation required by the architect, engineer, or similar designer of record, unless BG is retained in writing in a design capacity and is acting as the designer of record.
10.2. PROJECT SAFETY: Client represents and warrants to BG that its contractor or contractors shall be solely responsible for working conditions and all jobsite safety at the Project site including, but not limited to, the safety of all persons and property during execution of the contractor’s work.
Neither the professional activities of BG nor the presence of its employees or consultants at the Project site shall impose any duty upon BG for jobsite safety. At no time and under no circumstances shall Client relieve its contractor, contractors, or their subcontractor of their responsibility for maintaining a safe worksite and impose such safety obligations on BG. BG shall have no authority or control over any contractor, or their employees in connection with health and safety programs and procedures.
10.3. CONSTRUCTION RISKS: The Client acknowledges that building construction, rehabilitation and repair is an inexact process and that contractor workmanship is often imperfect. Any Services provided by BG during the construction phase are therefore intended to assist in reducing Client risk during construction, however, Client understands that even with efforts by BG to reduce risks, construction risks and contractor workmanship concerns can never fully be eliminated and that defects and failures in construction can and may still occur. BG is not acting as Client’s building construction, rehabilitation, or repair contractor. Client releases BG from all liability and responsibility for errors, omissions, workmanship problems and/or defects associated with the performance of the Client’s contractor or contractors and the quality of their workmanship. Client acknowledges that Client’s contractor or contractors shall be solely responsible for the proper and timely installation and performance of their work, including installation of fully warrantable and fully functioning building components and systems.
10.4. MEANS & METHODS: The Client’s contractor or contractors are fully responsible for all construction means and methods, practices, techniques, systemization, sequencing, scheduling, manpower and equipment necessary for the proper, timely, safe performance, and completion of their work.
BG is not responsible for nor does BG, in any capacity assume responsibility for contractor or contractors’ obligations including, but not limited to, compliance with laws, codes, ordinances, rules and regulations, or for the acts or omissions of the contractor or contractors. Services provided by BG are not a substitute for and do not relieve the contractor or contractors from their contractual responsibility to the Client to perform and complete the work in accordance with Client’s agreements, construction documents, other contract documents and recognized industry standards.
10.5. CONTRACTOR WARRANTY: BG shall not be responsible for nor does it in any capacity represent, warrant, guarantee or assure contractor workmanship. Client acknowledges all Project warranties and guarantees are the sole responsibility of the contractor or contractors engaged by the Client to perform and complete the work.
10.6. CONTRACTOR SCHEDULE: During the construction phase of the Project, Client acknowledges BG’s fee is based on Client’s contractor staying on schedule and the Project being completed in the timeframe originally established in the contractor’s agreement with the Client. Should the contract be extended beyond the timeframe established, additional time and fees for BG’s performance of its Services will apply.
10.7. POST CONSTRUCTION: BG will assist the Client with resolution of Contractor performance and workmanship concerns and/or related warranty claims at no charge for a period of sixty (60) calendar days following substantial completion of the Project by the Client’s contractor or contractors.
Client shall compensate BG for any such assistance extending beyond sixty (60) calendar days on a time and expense basis. 246
40 11. PAYMENT:
11.1. PAYMENT SCHEDULE: BG will submit invoices to the Client on a bi-weekly or monthly basis. Payment in full is due upon receipt. Payment shall be considered late if not paid within thirty (30) days from the date of any invoice. Payment shall be made in U.S. funds in cash, check or wire transfer for same day value. Amounts unpaid forty-five (45) days after the invoice date shall bear compound interest at one-and-one-half percent (1.5%) per month, or the highest rate allowed by law, whichever is lower.
12. SUSPENSION:
12.1. SUSPENSION BY CLIENT: The Client may suspend this Agreement for its convenience and without cause upon not less than fourteen (14) days written notice to BG. In such an event, BG shall be compensated for Services performed up to and including the date of suspension along with all reimbursable expenses incurred, plus reasonable suspension expenses as defined by Sections 12.3 and 12.4. If the Project is suspended by the Client for more than ninety (90) cumulative days, BG shall have the right, without penalty, to terminate this Agreement and collect termination expenses described in Section 13.
12.2. SUSPENSION BY BG: If Client fails to respond to BG’s written requests for direction or fails to make payments in full as required by this Agreement, any such failure shall be considered nonperformance and grounds for suspension of Services by BG for cause and without penalty. In such event, BG shall be compensated for Services performed up to and including the date of suspension along with all reimbursable expenses incurred plus reasonable suspension expenses as defined by Sections 12.3 and 12.4 before restarting BG’s Services. If the Project is suspended for more than ninety (90) cumulative days due to unresponsiveness or failure to make payment in full as required by this Agreement, BG shall have the right, without penalty, to terminate this Agreement and collect termination expenses described in Section 13.
12.3. SUSPENSION EXPENSES DURING PRE-CONSTRUCTION PHASE: In the event of suspension of this Agreement prior to commencement of construction, or where construction phase services are not included as a part of this Agreement, BG shall be entitled to receive $500 per week for each week of suspension, not to exceed $10,000. Client acknowledges such suspension charges are intended to help offset, but not eliminate, the ongoing cost of labor and overhead incurred by BG during suspension. If the Pre-Construction phase of the Project is suspended for more than ninety (90) cumulative days, BG shall have the right, without penalty, to terminate this Agreement and collect termination expenses described in Section 13.
12.4. SUSPENSION EXPENSES DURING CONSTRUCTION PHASE: The construction phase of the Project shall be deemed as having commenced upon execution of an Owner-Contractor agreement between the Client and its contractor or contractors and issuance of Notice to Proceed (NTP) to the same. In the event of suspension after commencement of construction as defined herein, BG shall be entitled to receive payment of $3,500 per week for each week of suspension or prorated portion thereof, not to exceed 50,000. Client acknowledges such suspension charges are intended to help offset, but not eliminate, the ongoing cost of labor and overhead incurred by BG during suspension. If the construction phase of the Project is suspended for more than ninety (90) cumulative days BG shall have the right without penalty to terminate this Agreement and collect termination expenses described in Section 13.
13. TERMINATION:
13.1. TERMINATION FOR CONVIENIENCE: The Client may terminate this Agreement for its convenience and without cause upon not less than fourteen (14) days written notice to BG. In such event, BG shall be compensated for services performed up to and including the date of termination along with all reimbursable expenses incurred plus termination expenses described in Section 13.3 and 13.4.
13.2. TERMINATION FOR CAUSE: Either Party may terminate this Agreement for cause upon not less than fourteen (14) days written notice should the other Party fail to perform and discharge its duties in accordance with this Agreement. In such event, the Parties agree to resolve any disputes in good faith as prescribed by Section 14.
13.3. TERMINATION EXPENSES DURING PRE-CONSTRUCTION PHASE: In the event of termination for convenience or termination due to suspension greater than ninety (90) days prior to commencement of construction, BG shall be compensated for Services rendered up to and including the date of termination, along with all reimbursable expenses incurred plus reasonable wind-down costs as mutually agreed.
13.4. TERMINATION EXPENSES DURING CONSTRUCTION PHASE: In the event of termination for convenience or termination due to suspension greater than ninety (90) days after commencement of construction, BG shall be compensated for Services rendered up to and including the date of termination, along with all reimbursable expenses incurred plus an early termination fee equal to five percent (5%) of the construction phase sum due to BG should the Project have been completed through to completion of construction. 247
41 14. CLAIMS & DISPUTES:
14.1. GOOD FAITH EFFORTS: BG and Client agree, in good faith, for ninety (90) consecutive days to attempt to resolve by negotiation between the officers and principals of each party, any dispute arising out of, or relating to this Agreement, prior to the filing of legal proceedings against the other.
14.2. MEDIATION: Should good faith resolution efforts fail, and a dispute remain unresolved, said dispute shall be subject to mediation under the auspices of a recognized professional mediator that is mutually acceptable to the Parties prior to commencement of any arbitration. Each party shall bear its own costs and expenses for mediation, including attorneys’ fees and expert witness fees, except for the fees and costs of the mediator, which shall be shared equally by the Parties. The venue for mediation shall be in the location where the Project physically resides, or as may otherwise be mutually agreed.
14.3. ARBITRATION: In the event mediation between the Parties is unsuccessful, the Parties agree that any remaining dispute shall be subject to final and binding arbitration under the auspices of a recognized professional arbitrator that is mutually acceptable to the Parties. For Projects located within the 48 contiguous United States or Alaska, such arbitration shall be conducted in accordance with the commercial rules of the American Arbitration Client. For Projects located in Hawaii, such arbitration shall be conducted in accordance with the Arbitration Rules. Procedures and Protocols of Dispute Prevention and Resolution, Inc. The award rendered in arbitration shall be enforceable in any court of competent jurisdiction.
The prevailing party, in addition to the relief granted by the arbitrator, shall be entitled to the reasonable attorneys’ fees and cost of defense incurred by such party as determined by the arbitrator. The venue for arbitration shall be in the location where the Project physically resides, or as may otherwise be mutually agreed.
15. FEES & EXPENSES:
15.1. BG FEE & REIMBERSEABLE EXPENSE SCHEDULE: BG’s Fee and Reimbursable Expense Schedule (hereafter “Fee Schedule”) is attached hereto as Exhibit “A” and made a part of this Agreement. If a blended hourly rate is offered by BG in the pricing section of this Agreement, such blended hourly rate shall supersede and prevail over the standard rates listed on the Fee Schedule, however, all reimbursable expense provisions shall continue to apply. If the Services covered by this Agreement have not been completed within 12 months of the date of this Agreement, the Fee Schedule or blended hourly rate provided shall be subject to adjustment.
CLIENT RESOLUTION EXPENSE: If BG is requested to provide documents or services as a result of a mediation, arbitration, or litigation involving Client but for which BG is not a named party, or if BG, its owners, partners, officers, directors, members, managers, employees, contractors, consultants, and/or their respective employees receive a subpoena or similar court order commanding action as a result of or relating to Client’s mediation, arbitration, or litigation, BG’s cost of providing such documents and services shall be an additional Client expense, including but not limited to any reproduction expenses, attorneys’ fees, expert fees and time expended by BG staff and its consultants in support of such efforts. BG shall inform Client of such additional expense prior to providing such mediation, arbitration or litigation documents and services. Litigation consulting services including destructive testing, expert witness services, depositions, hearings, arbitrations, and court appearances will be invoiced at 1.5 times the hourly rates listed in our Fee Schedule.
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42 STANDARD RATES
SENIOR PRINCIPAL $375.00
PRINCIPAL $350.00
SENIOR DIRECTOR $275.00
DIRECTOR $250.00
SENIOR CONSULTANT $250.00
CONSULTANT $225.00
SENIOR PROJECT MANAGER $250.00
PROJECT MANAGER $225.00
ASSISTANT PROJECT MANAGER $200.00
SENIOR ESTIMATOR $250.00
ESTIMATOR $225.00
PROJECT COORDINATOR $150.00
PROJECT CONTROLS ANALYST $150.00
SENIOR FIELD SERVICES SPECIALIST $165.00
FIELD SERVICES SPECIALIST $150.00
ADMINISTRATIVE SUPPORT $110.00
LITIGATION RATES
SENIOR PRINCIPAL $450.00
PRINCIPAL $420.00
SENIOR DIRECTOR $330.00
DIRECTOR $300.00
SENIOR CONSULTANT $300.00
CONSULTANT $275.00
SENIOR PROJECT MANAGER $300.00
PROJECT MANAGER $275.00
ASSISTANT PROJECT MANAGER $250.00
SENIOR ESTIMATOR $300.00
ESTIMATOR $275.00
PROJECT COORDINATOR $180.00
PROJECT CONTROLS ANALYST $180.00
SENIOR FIELD SERVICES SPECIALIST $200.00
FIELD SERVICES SPECIALIST $180.00
ADMINISTRATIVE SUPPORT $135.00
REIMBURSABLE EXPENSES
Reimbursable expenses incurred by BG or its consultants are not included in the basic compensation enumerated in this Agreement and shall be added as an additional charge to the extent such expenses are attributable to the Project. A fifteen percent (15%) overhead charge shall apply to all reimbursable expenses incurred except for taxes, mileage and per diem charges. Reimbursable expenses may include:
1. Excise, sales and similar taxes and fees levied on professional services and reimbursable expenses;
2. Fees and costs incurred for testing, surveys or other Project related data needed to complete the Project;
3. If requested of BG, costs incurred by BG to secure approval of authorities having jurisdiction over the Project including building permit, plan review, third-party review, permit expediting and similar charges;
4. Independent third-party services such as sub-consultants, contractors, designers, temporary labor, testing agencies, destructive testing assistance, laboratory services, and similar third-party services. The Client may directly engage such third-party services, thereby relieving BG of all responsibility therefor. BG reserves the right to subcontract, and sub-consult, as needed to complete its Services;
5. Vendor services such as blueprinting and plotting, photocopies and related reprographic services, standard form documents, rental or purchase of specialized equipment needed for the Project, shipping and postage, courier and delivery services, technical and research documents and related vendor services;
6. Project specific data and communication services, tele/video-conferencing expenses, extranets, project specific website costs, hosting fees and related data communication expenses;
7. Cloud-based “Procore” project management software expense of $50 per month, per Project;
8. Professional photography, renderings, graphics and presentation materials requested by the Client;
9. Regional transportation and Project related travel expenses as applicable including:
a. Mileage expenses will be invoiced following U.S. government (IRS) published mileage rates. Mileage charges are calculated from site to site or from the nearest BG regional office, as applicable. b. Travel per diems for meals and incidentals will be invoiced following U.S. government (GSA/DOD) published rates for meals and incidental expenses, when applicable.
c. Direct cost of Project related airfare, lodging, car rental, parking, tolls, and related travel costs. d. Where BG Principal or Senior Director participation is applicable, necessary or is requested by the Client, business class air transportation will apply for flights more than 2 hours in duration.
10. If a temporary jobsite office is necessary or requested by the Client, office expenses including temporary on-site or near-site facilities, utilities, internet, parking, jobsite office printing costs, office supplies, equipment rental, and related project office expenses;
11. Additional insured and loss payee charges and similar Project specific fees imposed by insurance carriers;
12. Project specific insurance dedicated exclusively to the Project (example: OCIP or “wrap” coverage);
13. The cost of additional insurance requested by the Client and/or costs attributable to additional coverage exceeding BG’s stated limits;
14. For multi-family (AOAO/HOA/Co-Op) and similar projects, and for all litigation projects, two percent (2%) of fees billed will be added to each invoice to assist in offsetting market conditions which are currently producing disproportionately high insurance costs for multi-family, litigation and similar construction rehabilitation, repair, alteration, or improvement projects;
15. Appearance at depositions, arbitrations, settlement conferences and hearings will be invoiced using litigation project rates.
Fee & Reimbursable Expense Schedule
Edition: November 2021
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Agenda Item No.: 14.A
Mtg. Date: 08/26/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: RECEIVE AND FILE AN UPDATE REGARDING PROGRESS ON THE
EMERGENCY OUTDOOR SIREN NOTIFICATION SYSTEM PROJECT
SINCE JUNE 12, 2023 (MAYOR MIRSCH)
DATE: August 26, 2024
BACKGROUND:
In Fiscal Years 19/20 and 20/21, the City Council provided funding for the Block Captain Program to investigate communication platforms in the event of complete power failure in the community. The Block Captains and staff used funds to purchase two-way radios and when the handheld radio option proved to be ineffective, a Request for Proposal (RFP) was issued in February 2021 to solicit proposals on other communication systems. The City received one proposal from HQE Systems, Inc. (HQE).
On April 26, 2021, staff recommended that the City Council engage the services of HQE.
At the January 10, 2022, City Council meeting staff presented the final Feasibility Study and recommended that the City Council conduct a community survey to gauge interest for an outdoor siren system. In review of the Feasibility Study, the City Council requested information relating to the annual maintenance cost of the proposed outdoor siren system. The City Council also requested a street-level map of Solution A and Solution B presented in the Feasibility Study.
On March 14, 2022, the City Council unanimously voted to amend the PSA with HQE allocating an additional not-to-exceed $3,500 to investigate additional siren pole locations.
In early July 2022, HQE submitted a revised Feasibility Study.
At the January 23, 2023 City Council meeting, the City Council selected four siren pole locations as follows:
City Hall;
Fire Station 106 (12 Crest Road West) and;
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Cal Water Facility (3960 Crest Road)
Easement at Crest Road East gate
At the March 27, 2023 City Council meeting, the City Council approved the HQE proposal for additional work in the amount of $4,195 to perform another sound propagation analysis for three locations from the above list.
On May 15, 2023, representatives from HQE met with City staff and representatives from the Rolling Hills Community Association (RHCA) to visit the three proposed sights. Prior to the site visits, Cal Water informed staff that their facility location was no longer an option. Instead, the RHCA easement at the Crest Road East gate was used.
On June 12, 2023, the City Council received an updated sound propagation report confirming that three sire pole locations would allow the majority of the residents to hear the siren at 70 decibels. On June 12, 2023, the City Council approved moving forward with the installation of the siren tone and intelligible voice system for three 50-foot poles as described in Exhibit A of the professional services agreement.
DISCUSSION:
At the August 12, 2024 City Council meeting, resident Arlene Honbo presented a letter signed by various Block Captains and spoke during public comment on non-agenda items to express concerns regarding the Siren project, the project managers, and the timeline to completion, stating she was unable to receive updates from City staff or Council.
The following is a detailed timeline from the June 12, 2024 meeting, as mentioned during Ms.
Honbo's remarks, to help provide the City Council further background on the progress during the past 14 months and/or why original estimated milestones and timelines have been unfortunately delayed.
On June 26, 2023, the City Council approved 4/1 a Professional Services Agreement with HQE for the installation of an emergency outdoor siren system in an amount to not exceed $261,000 and ensuring a minimum of 70db covering all residents within City boundaries.
On July 6, 2023, HQE executed the contract with a request for minor corrections and an inquiry as to whether the City would be executing the maintenance option.
Between July 6 and July 17, 2023, City staff worked with the City Attorney and provided a final city-executed contract to HQE on July 25, 2024.
Between July 26 and August 1, 2023, HQE began preliminary work with City Planning / RHCA staff regarding permitting processes and scheduled a kick-off meeting.
On August 14, 2023, the planned kick-off meeting was postponed due to staff COVID-related issues and was rescheduled. City staff texted Ms. Honbo about the postponement as an FYI.
On August 22, 2023, the kick-off meeting was conducted onsite at all proposed locations. The following update was provided in the August 25, 2023 Weekly Memo:
Christian, John, Alan and I met with representatives from the Association and HQE for the official Siren Project kick off meeting. HQE is aiming to have their final plans in to John and the Association by September 1st and then subsequent submission to LA 251
County Building and Safety. This week’s bill payments include a payment to HQE for procurement of materials. The conservative timeline for completion of installation will be April 1, 2024 with the permitting process being the main determinant as to whether project completion can be sooner or not.
The group toured the City Hall campus to look at the proposed location next to the parking lot. The location is along Palos Verdes Drive North in RHE on the street side of the fence so coordination with RHE is needed. John accompanied the group to the other two locations. The site next to the Fire Station on Crest Road West will be lower than the street and will have to be in the 50-foot RHCA easement unless permission is granted by the Fire Department. The height will have to be extended so there is a clear signal over the road and trees. The third location on Crest Road East will be located outside of the emergency gate next to an SCE line. Coordination with SCE is needed to get through a security fence.
Between August 22 and September 1, 2023, HQE developed drawings and conducted site reviews. The City submitted payment for 50% of the project cost to allow HQE time to procure equipment as necessary. The City requested timelines from HQE as well as information on how the system will function once operational, who will be in charge of notifications, and any pertinent info or answers to FAQs that would help both the Council and the public gain clarity and comfort on who does what, when and how. Staff also requested any case studies or examples of how often other cities HQE had installed similar solutions in were testing the sirens – or what best practices should be to ensure the public becomes aware and accustomed to the sirens so as not to ignore them when the day comes for practical use during a true emergency.
On September 1, 2023, HQE submitted initial plans to City Planning staff / RHCA staff.
On September 5, 2023, HQE responded to previous inquiries with the following timeline information:
Materials have been placed on order and they have an approximate lead time of 10-12 weeks. With that, we have submitted the permit and installation drawings and are awaiting the City and HOA’s approval so that we can submit to county. The time frame from the county to approve permits is currently unknown as we have yet to submit and be assigned a plan checker. Once we are able to submit and speak with the plan checker we will be able to have a developed schedule to provide clarity to the City and HOA. I know that this isn’t much of an update from our kickoff meeting but this is what we have currently until we submit for approval.
Between September 6 and September 8, 2023, HQE received questions/clarifications from City Planning staff / RHCA staff and responded to questions from City Planning staff.
Between September 8 and September 26, 2023, City Planning staff reviewed plans. City staff reached out to the City of Rolling Hills Estates (RHE) to request approval of an easement for the City Hall proposed pole location. RHE informed staff they would consult with their City Attorney. City staff presented an update on Emergency Preparedness at the September 11, 2023, Council meeting, which included a slide with minor updates on the Siren project during the previous 4 weeks.
On September 12, 2023, HQE sent an email requesting updates on the City Planning / RHCA 252
staff approvals.
On September 14, 2023, HQE responded with further info and a Powerpoint template as previously requested:
1. Who will be in charge of notifications:
This is typically the City's emergency manager or whoever the City Manager delegates this too. It is entirely up to the city as to who they would like to give activation authority to. Additionally, I have attached a powerpoint as well which can serve as a template to notify the residents about the systems and when testing is scheduled.
2. Case Studies and other sites testing:
Military and government sites are testing their systems weekly, normally on Wednesdays. Cities and counties that have our systems are testing them once monthly, usually on a Saturday. Additionally, I have inserted a link below that displays what the sirens will alert and an interview with the Mayor of Paradise.
On September 25, 2023, City staff called the HQE project manager to discuss the next steps for the project. HQE communicated again they were waiting for final approval from the City / RHCA for the design plans to submit to the county for permits. They also mentioned they would provide designated personnel with comprehensive training for the activation/operation of the system. During the evening City Council meeting, the Council created a subcommittee to discuss the creation of policies and procedures for post-installation activation of the system (testing or emergency.)
On September 26, 2023, City Planning staff requested clarification on pole height. Following clarification, HQE prepared revisions causing slight delays with a target date for resubmission on October 3, 2023.
On October 3, 2023, HQE submitted a revised plan to City Planning staff. City staff informed HQE that there was an intent to present to Council at the October 9, 2023 meeting and asked further clarifying questions. City staff and HQE communicated back and forth. The planning staff requested time to discuss this with the RHCA staff.
On October 9, 2023, staff agendized Item 12B on the Council agenda for approval of the development plans. The meeting was cancelled due to lack of a quorum, and the item was moved to the next regular meeting.
On October 23, 2023, the development plans were presented at the City Council meeting. The item was tabled to a future meeting based on Council feedback. City staff emailed Chief Bennett per Council direction to discuss the possibility of moving the Crest Road West siren pole onto County property at the Fire Station. Per the October 27, 2023 Weekly Memo:
Staff will work with the project company, HQE, and the County to facilitate a formal agreement.
On October 25, 2023, Interim City Manager Ready was able to speak with RHE City Manager Grammer at the Peninsula City Manager's lunch. As reported in the October 27, 2023 Weekly Memo:
I also had an opportunity to speak at length with Greg Grammer, CM of Rolling Hills Estates, regarding the placement of our City Hall “siren project” pole in the right-of-way of their City. He apologized for not responding to us sooner (with their landslide issues, they did not focus on our request) and indicated that an agreement would have to be 253
approved by his City Council and that it would likely raise issues of noise, operation of the sirens, liability, etc. Although these questions are not necessarily “fatal” to approval, he did indicate that we would have to go through the process. That being said, it may be easier to have the pole closer to City Hall or the Association Offices, not on Rolling Hills Estates right-of-way. Our contractor is looking at this possibility, and in the meantime, we will continue our approval process with Rolling Hills Estates.
Between October 27 and November 3, 2023, the City requested a follow-up site visit to validate and finalize Fire Station and City Hall locations, working with HQE, RHCA, and the Fire Department to schedule.
On November 7, 2023, HQE and City /RHCA staff conducted a site visit to confirm Fire Station and City Hall locations and potential construction approach. HQE and City staff determined that re-siting the City Hall pole was feasible and could avoid RHE concerns. Battalion Chief Butorovich also met to discuss potential issues with the County process and limited areas for sitting on their property. With that information and in order to address the Council's request to site the Crest Road West pole out of view corridors, a solution was determined using an existing tree(s) to help screen the pole.
On November 8, 2023, Interim City Manager Ready provided the following update to the City Council in a transitional email:
Emergency Siren Project - Christian, John and I met with the vendor, HQE, and as you may recall, there were questions raised regarding the City Hall and Fire Station pole sites. At City Hall, it appears moving the pole out of the Rolling Hills Estates right-of-way to the side rear of City Hall could be an easy remedy. The group also reviewed the Fire Station site and have identified an alternate location that may be acceptable. An update and discussion will be on your next City Council Agenda for review and guidance.
Emergency Siren Protocol Sub-Committee (Members Derringer/Black; and Block Captain representative Arlene Hondo) – I believe it would be important for the new City Manager to be part of these meetings. Moreover, as the siren project is now scheduled to be completed in a July timeframe, these discussions can be scheduled after the holidays.
On November 13, 2023, the City Council agenda included Item 15A - an update on pole siting locations specific to the development plans based on feedback from the October 23, 2023 Council meeting. The Council expressed support for the re-siting of the two poles and unanimously voted to receive and file the report.
On November 15, 2023, staff informed HQE of the approved new locations. Staff was also informed that the original payment to HQE via ACH was not properly processed due to an ACH amount cap allowed by the bank. The finance team worked to ensure payments would be made utilizing two ACH payments - the first on November 17, 2023, and the balance on November 21, 2023.
On November 16, 2023, HQE submitted revised drawings to the City Planning staff / RHCA staff and responded to comments and revisions through December 6, 2023.
In the November 22, 2023 Weekly memo from new City Manager Bañales, the following update was provided for November 20th:
HQE submitted revised plans for the outdoor sirens. The plans show wooden poles with 254
external wiring. John questioned HQE about the materials and design but was told it is part of the scope of work to reduce costs. John reached out to Kristen and Kathryn at RHCA, and they felt comfortable with the proposal; mentioning a metal or concrete finish would be more obtrusive. The revised plans show the pole at Crest Road closer to the fire station and the pole at City Hall adjacent to the building. According to HQE, a change order for the pole at Crest Road is unnecessary because the location is further up the slope, requiring a shorter pole than previously proposed.
On December 14, 2023, staff presented Item 8H to the City Council for approval of the development plans at three locations and requested direction to proceed with the permitting and installing the siren system. The Council unanimously voted to approve.
On January 11, 2024, HQE (with a new project manager) followed up with City Planning staff to see if there were any other issues of concern.
On January 16, 2024, it became evident that City Planning staff had not signed off on plans officially for them to be then routed to the RHCA for their staff sign-off. City Planning staff also had a concern with one pole, stating it was 80' tall, and requested clarification from HQE on January 17, 2024.
On January 24, 2024, HQE submitted updated final plans regarding the aforementioned pole.
On January 25, 2024, City staff wrote Councilmembers Black and Dieringer via text regarding their availability in order to coordinate a potential subcommittee meeting and presented Ms.
Honbo's availability (based on a similar request and subsequent response) in the coming months.
On January 26, 2024, Southern California Edison (SCE) local planning requested information regarding the Crest Road East pole to ensure there would be no EMF issues with their own equipment. Staff put SCE in direct contact with HQE. In the January 26, 2024 Weekly Memo the following was reported:
HQE submitted updated final plans. John will sign off on Monday and route to Kathryn Bishop. Ideally they will then go to LA County Building and Safety.
On January 29, 2024, City Planning staff sent RHCA staff final stamped plans for the RHCA approval. City Staff followed-up with HQE regarding SCE's concerns.
On February 1, 2024, City staff again reached out to HQE regarding SCE's concerns.
On February 2, 2024, the RHCA staff responded, indicating that their legal counsel advised that the RHCA Board would need to issue a license agreement for the two locations in the RHCA’s easement at the Thursday, February 8, 2024, Board meeting.
On February 8, 2024, RHCA staff communicated that the RHCA Board asked to visit the Fire Station site location to verify the siting is as inconspicuous as possible and place a stake in the approximate location for the Board's review. They also asked HQE for an approximate distance on how far the pole was proposed from the tree on the plans.
In the February 9, 2024 Weekly Memo:
Siren Pole Location: RHCA Board wants to evaluate the Siren Pole location adjacent to 255
Fire Station 56 and behind an existing tree, as recently approved by the Council, before Kathryn Bishop signs off on plans.
On February 15, 2024, City staff provided an update on the Siren project to the Block Captains at their meeting.
On February 16, 2024, HQE followed up with City Planning staff to see if there were any other issues of concern. City Planning staff responded that aside from the current RHCA review delays, SCE was also in the process of checking with their engineering department regarding potential conflicts with SCE property at the Crest Road East pole location and advised HQE to follow up with SCE local planner.
On February 23, 2024, City staff followed up with SCE local planning for any updates and was informed that their engineering Group Manager was out of town until March 1, creating a delayed response.
On February 28, 2024, HQE followed up with City Planning staff to see if there were any other issues of concern. City staff informed them again that we were waiting for RHCA approval and SCE sign-off.
On March 4, 2024, HQE received an email from Southern California Edison clearing the installation at Crest Road East.
On March 7, 2024, the RHCA Board approved the project.
In the March 8, 2024 Weekly Memo:
Siren Project: RHCA has approved the siren project. They had concerns about the siren's location at the fire station. They conditioned the poles' availability if a cell site wants to collocate on it (as long as it’s technologically feasible).
On March 15, 2024, City staff and HQE received an official letter from the RHCA regarding the action taken at their March 7, 2024 meeting stating a revocable license for the installation on RHCA easements was approved with the condition that "if technically feasible a communications antenna could be put on the antenna in the future." They also requested a survey or map of the locations (already received) and indicated that their attorney would draw up a license agreement for the City to sign and send an invoice of $450 for the legal and recording fee. They also stated that construction cannot begin until after the license agreement is recorded with the county and the RHCA mails the City a copy.
On March 26, 2023, HQE requested information on fees. City Planning staff advised them that as a City project LA County Building and Safety (LACBS) would be asked to waive fees.
On April 3, 2024, HQE submitted a permit application with LACBS.
On April 17, 2024, HQE submitted revised plans to the City Planning staff and, subsequently, RHCA staff at the request of LACBS (regarding the solar panel's wattage, speaker wattage, speaker positioning on each site map location, SOW, 2020 National Electrical Code reference, Articles 690, and 706. Additionally, grounding wire size callout, along with a single line wiring diagram of the cabinet wiring.) RHCA staff also provided an excavation permit to HQE for two locations.
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On April 18, 2024, HQE submitted the excavation permit.
In the April 19, 2024 Weekly Memo, the following update was provided:
Outdoor Siren Project: HQE provided staff with an updated set of plans for plan check.
The plan checker required additional information. John will re-stamp the plans to keep the project moving.
On April 26, 2024, HQE re-submitted the permit application to address additional revisions for County compliance.
On April 29, 2024, City staff received a notification from LACBS acknowledging the submittal of the project, that it was screened and accepted for submission into their queue.
On May 5, 2024, City staff received a notification from LACBS acknowledging plans had been reviewed and contained corrections.
On May 7, 2024, HQE received correction request from LACBS. HQE addressed discrepancies and resubmitted promptly.
On Thursday, May 16, 2024, City staff received an email from Ms. Honbo requesting an update on the project for the next Block Captain's meeting.
On Monday, May 20, 2024, City staff responded to Ms. Honbo and, in turn, requested timeline updates from HQE based on the request.
On May 22, 2024 Ms. Honbo again contacted City staff for info and to verify comments made by the Mayor at a recent Peninsula meeting as follows:
1. Siren Project is out of the County Plan Check
2. HQE is proceeding forward and has provided an estimated installation date of August/September 2024
3. The City Council asked Dieringer and Black to form an ad hoc committee with one resident, Arlene Honbo, to address implementation procedures (e.g. testing, messaging, activation, etc.) with HQE. I am awaiting notification from the ad hoc committee.
City Staff again requested timeline updates from HQE and received the following response:
We are still in the permit process and making correction to documentation as directed by the county. We are looking to begin installation immediately after the permit process is complete. Late June / Early July.
Staff informed Ms. Honbo of their update ahead of the Block Captain's meeting.
City Staff again wrote Councilmembers Black and Dieringer via text regarding their schedules in order to coordinate a potential subcommittee meeting. Councilmember Dieringer responded with some June dates.
On June 10, 2024, HQE provided the following update to City staff:
Our drafting and engineering departments are working diligently to get all the required processes and procedures done for the submission of the permits. HQE has been working with Los Angeles County Public works and all parties to get a clean and 257
accurate package for submission. Your patience in this matter has not gone unnoticed and we hope to have a clean path forward in the coming weeks.
On June 18, 2024, HQE's EVP Jamie Warner emailed to check in and offer an In-Progress Review for the City management team on the status of the Outdoor Warning Siren. City staff and HQE scheduled a meeting for June 27, 2024.
On June 27, 2024, HQE reps met with City staff and went through the project in detail to help provide background and history to the City Manager. City staff requested that HQE provide contacts in other cities where sirens had been installed so as to compile a list of best practice policies and procedures that could be presented/discussed by the subcommittee, hopefully in the next month.
On June 28, 2024, HQE staff request time to present a demo of the SiRcom SMART Alert Software to City staff. In the June 28, 2024 Weekly Memo the following update was provided:
Siren Project Status Update: Staff met with the HQE team for an update on progress.
They are still in plan check and responding to previous comments and requests from LA County Building and Safety. The current estimate is to begin construction in August.
Staff will work with the Policy and Practices Sub-Committee members to find a time to convene a meeting in July or early August.
On July 2, 2024, City staff contacted the City of Torrance to gather information regarding policies and procedures. Staff followed up with multiple phone calls over the coming weeks to no avail.
On July 9, 2024, HQE requested a set of utility drawings for the area near the Crest Road East gate. HQE and City staff also set-up a software training meeting for July 11, 2024.
On July 11. 2024, City staff participated in a demo training for the SiRcom SMART Alert Software. As reported in the July 12, 2024 Weekly Memo:
Siren Project: Staff participated in the first of many virtual trainings on the backend web portal system that will allow staff to control and use the future siren system.
Between July 9 and August 12, 2024, LACBS noted a discrepancy regarding corrections missing a wet stamp, causing delay. HQE made the necessary corrections immediately upon receiving feedback.
On July 15, 2024, City staff emailed Ms. Honbo and Councilmember Dieringer to solicit their joint availability over the summer months for a potential subcommittee meeting.
On July 29, 2024, City staff received a notification from LACBS acknowledging plans had been reviewed and contain corrections.
On July 31, 2024, HQE connected City staff with the Recovery and Economic Development Project Manager for the Town of Paradise.
On August 1, 2024, City staff and the Paradise Recovery and Economic Development Project Manager agreed to connect after August 12th due to vacations planned for both parties.
On August 10, 2024, City staff received a public comment letter from Ms. Honbo for inclusion 258
in the August 12 agenda packet.
On August 11, 2024, HQE provided the following information along with Attachments A, B, and C:
1. Status on the installation of the siren poles;
• HQE's Response: The LA County Building Permits department has requested several changes to our engineering drawings. Unfortunately, some education is being done from our end to the LA County Building Permits staff on the outdoor warning sirens. As they were unfamiliar with outdoor warning sirens, they kept categorizing our projects as similar to a cellular tower project and requiring our engineers to do 5X the work of a standard sirens project. After continued professional communications with the County office, we are at the point where they agree that we are NOT a cellular tower doing communications and are now at an approval point. We will soon have an update on the county's decision. Unfortunately, this is out of our hands, and we are doing everything we can to help "educate" and "warmly push" the County Building Permits team without creating additional obstacles. Everything is on track.
2. Status of the notification policies and procedures for RH residents; • HQE's Response: As requested, we have connected CRH with the staff of the Town of Paradise. I have attached the Professional Service Offer for the CRH to be interested in our EOP development services. Our team comprises the former Butte County Emergency Management Director, who was involved in the Paradise Fires of 2018, and a few other certified emergency managers who will help develop this Alert and Warning Emergency Operations Plan (EOP). This is a great way to bridge the City's Block Captains with the City's staff to develop the EOP as a team. I've attached the proposal for this service.
3. Education schedule for residents on sirens – voice messages, who activates, maintenance frequency, etc.
• HQE's Response: HQE proposes a no-cost to the City community outreach event at the beginning of September (if not earlier). We can bring our mobile speaker trailer, demonstrate the outdoor warning sirens, and answer any questions that the community or other city leaders might want to come and see your sirens.
4. Expected implementation and operational date.
• HQE's Response: The estimated start date is September, barring further delays from the County Building Permits section.
o Public Outreach Event (Early Sept): To have a Q&A session with the CRH residents and other City leaders neighboring CRH.
We can bring our Mobile Speaker Tower to demonstrate the outdoor siren alerts. o Familiarization Training: Early Sept (open to the CRH’s leadership schedule). o Installations: September 15 to Oct 15
o Test, Training, and Turnover: Oct 15-20
o Warranty Start: The system should be fully operational and under the control of CRH by October 20th (we will start the warranty on this date).
I have spoken to our leadership team, and we will start your official warranty on 1 January 2025. Thank you to CRH for the professional patience you have given us during the LA County Building Permit issues. We are very grateful for the City.
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On August 12, 2024, City staff received notification from HQE that their current project manager had been replaced with the original Project Manager. They also requested entry to the City to conduct site surveys and mark ahead of their Dig Alert request.
On August 15, 2024, LACBS returned plans with additional corrections impacting the timeline.
Per council direction, staff had requested the LACBS plan checker's contact information and City Planning staff left a message for them requesting expediting the project.
On August 16, 2024, HQE visited the City for Dig Alert prep. They also provided further clarification on the confusion with LACBS from what was relayed to staff and then City Council on August 12 stating "the plan checkers assumed they were putting up large solar and battery backups as well on the poles (not correct.)"
In the weekly memo, the following update was provided:
HQE visited the City on Friday to mark the three sites for Dig Alert.
As noted Monday night, the plan check was delayed due to a misunderstanding in which LA County categorized them as cellular towers and/or having solar/battery storage, which requires a more extensive review.
Following clarification, the County provided another round of revisions to HQE on Thursday
HQE hopes to have a finalized plan check in the next 2-3 weeks.
Christian has reached out to the Town of Paradise and a city in Florida to develop an Alert and Warning Emergency Operations Plan (EOP) without starting from scratch. He continues to coordinate dates with the Ad Hoc Committee and share a draft to ensure everything is completed on time.
Staff will prepare an update as directed to be presented at the August 26th Council meeting
HQE also followed up post-site visits with requests for tree trimming and/or removals at two different sites.
On August 17, 2024, City staff responded via email and had subsequent calls with HQE regarding requests for trimming and removals in the RHCA easements.
On August 19, 2024, City staff connected HQE with the RHCA regarding their requests for trimming/removals in order to gain permission and/or information on their preferred vendor.
City staff also followed up with the Town of Paradise and emailed the Emergency Services Coordinator for Laguna Beach in an attempt to gather information regarding policies and procedures.
On August 21, 2024, City and RHCA staff visited the Fire Station site to evaluate potential tree trimming and discussed the Crest Road East site. City staff provided HQE with RHCA's preferred vendor's information. HQE contacted them and will work with RHCA.
As this report illustrates, capital projects can be complicated endeavors with many moving parts and stakeholders involved working collaboratively on a continuum of forward movement.
Unexpected delays can and do happen. During those instances that cause deviation from an estimated original timeline, the project managers work to ensure accountability and corrective responses within the most realistic timeframe.
City staff will ensure that the Council is updated in Weekly Memos as seen above, the Block 260
Captain Program is updated at the quarterly meetings as previously noted, and residents are updated appropriately via the blue newsletter as major milestones are met and/or have a community impact.
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
Attachment A - PS_EMP_240811_HQE_InteractiveEmergMgmtTrainingServices.pdf Attachment B - PS_EMP_240811_HQE_PublicOutreachServices.pdf Attachment C - PS_EMP_240811_HQE_DevelopmentServices.pdf 261
Interactive Training Services
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HQE Systems | A Veteran Owned Technology Company Providing Lifesaving & Security Solutions 1 262
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HQE Systems | A Veteran Owned Technology Company Providing Lifesaving & Security Solutions 2 263
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■ Trained on up to 60 different scenarios, and 3 major scenarios HQE Systems | A Veteran Owned Technology Company Providing Lifesaving & Security Solutions 3 264
Interactive Training Services
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1. Custom-Built Scenarios:
○ Specific Threat Focus: Each exercise simulates a particular emergency threat relevant to your region or operational focus. Whether preparing for wildfire-threatening urban areas or a hurricane making landfall, the exercise is designed to reflect your team's challenges in a real-world situation.
○ Tailored MSEL: The MSEL outlines every significant event, inject, and decision point, customized to your organization’s emergency plan. It ensures that all aspects of your response capabilities are tested, from initial alerts to post-incident recovery.
2. Full-Spectrum Training:
○ Comprehensive Coverage: The exercise spans the entire lifecycle of an emergency, from preparedness and response to recovery. Your team will engage in activities that include activating the EOC, coordinating with multiple agencies, managing resources, and communicating with the public and media.
○ Interagency Coordination: The exercise can be expanded to include external partners such as law enforcement, fire services, public health agencies, and federal or state authorities, enhancing realism and ensuring that your team practices coordinating with all relevant stakeholders.
3. Role-Specific Challenges:
○ Targeted Training: Each participant’s role within the EOC is tested with specific challenges critical to their responsibilities, ensuring that each response aspect is practiced and evaluated.
4. Evaluation and Feedback:
○ Performance Metrics: Each participant’s performance is monitored against predefined criteria, such as response times, accuracy of information dissemination, and adherence to emergency protocols.
○ After-Action Review: A thorough after-action review provides detailed feedback on strengths and areas for improvement, helping your organization refine its emergency plans and enhance overall readiness.
Service Packages:
● Basic Full-Spectrum Exercise:
○ Duration: 1 Day Exercise
○ Includes: Custom-built scenario, MSEL, real-time injects, role-specific challenges, and basic after-action review.
○ Price: Final Price To Be Determined. The following are estimates only:
■ Small Organization: ~ $24,950
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Interactive Training Services
■ Medium Size Organization: ~ $44,950
■ Large Size Organization: ~ $74,950
● Enhanced Full-Spectrum Exercise:
○ Duration: 2-Day Exercise
○ Includes: All features of the Basic Exercise, plus expanded interagency coordination, advanced scenario injects, and detailed performance metrics. ○ Price: Final Price To Be Determined. The following are estimates only:
■ Small Organization: ~ $34,950
■ Medium Size Organization: ~ $44,950
■ Large Size Organization: ~ $84,950
● Comprehensive Full-Spectrum Exercise:
○ Duration: 3-Day Exercise
○ Includes: All features of the Enhanced Exercise, plus multi-day scenario progression, full interagency participation, and an in-depth after-action review with actionable recommendations.
○ Price: Final Price To Be Determined. The following are estimates only:
■ Small Organization: ~ $69,950
■ Medium Size Organization: ~ $94,950
■ Large Size Organization: ~ $129,950
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Interactive Training Services
Sample Role-Based Scenarios for Interactive Emergency Management Training HQE Systems provides an immersive training platform is designed to replicate the high-pressure situations that emergency management teams face. The following examples show how specific organizational roles can benefit from this advanced, scenario-based training.
1. Alert and Warning Specialist Scenario: Emergency Communications Decision-Making ● Scenario Overview: An incoming report of a hazardous materials spill near a residential area triggers an alert. As an Alert and Warning Specialist, you assess the situation, decide whether to issue an alert, draft a message, and seek approval if necessary. ● Interactive Training Experience: During the simulation, you receive AI-generated phone calls, two-way messages, and emails containing critical information from various sources, including first responders, environmental agencies, and the public. You must quickly gather and analyze this information, determine the appropriate alert level, and select a template or create a custom message. The AI simulates real-time communication delays and conflicting reports to challenge your decision-making process.
● Why It’s Better: Unlike traditional training methods, this scenario immerses you in the fast-paced environment you’ll face during an emergency. The AI-driven platform adjusts to your responses, ensuring a unique and realistic experience each time, helping you hone your skills in crafting accurate and timely alerts under pressure.
2. Public Information Officer (PIO) Scenario: Managing Media During a Crisis ● Scenario Overview: A public health emergency, such as a widespread outbreak of a contagious disease, has led to rising public concern. As a junior PIO, you are responsible for managing media inquiries, drafting public statements, and coordinating with health officials to provide accurate information.
● Interactive Training Experience: In this scenario, you’ll engage in AI-generated conversations with journalists, public health officials, and concerned citizens. You’ll need to gather and verify information, draft clear and reassuring messages, and respond to tough questions from the media. The platform simulates the urgency and unpredictability of real-world media interactions, forcing you to think on your feet.
● Why It’s Better: Traditional training can’t replicate the pressure of a live media interaction. This scenario allows you to practice your communication skills in a safe environment, with immediate feedback on how well you handled the situation. It’s an invaluable tool for building confidence and competence in crisis communication.
3. Call Center Operator Scenario: Information Gathering and Escalation ● Scenario Overview: During a widespread power outage, the call center is inundated with calls from residents reporting issues ranging from downed power lines to medical emergencies HQE Systems | A Veteran Owned Technology Company Providing Lifesaving & Security Solutions 6 267
Interactive Training Services
requiring immediate attention. As a Call Center Operator, you gather accurate information and escalate critical issues to the appropriate emergency response teams. ● Interactive Training Experience: The training simulates a high volume of AI-generated calls and messages, requiring you to efficiently categorize incidents, ask pertinent follow-up questions, and determine which issues need to be escalated. The simulation also includes scenarios where you must calm distressed callers, ensure accurate information is recorded, and relay that information quickly to field teams or supervisors.
● Why It’s Better: This scenario provides hands-on experience in managing the chaos of a natural emergency call center environment. The AI adapts to your responses, ensuring that the training is dynamic and reflective of actual call center challenges. This approach helps you build the critical thinking and communication skills needed to perform effectively under pressure.
4. Dispatcher Scenario: Coordinating First Responders During a Multi-Vehicle Accident ● Scenario Overview: A multi-vehicle collision on a major highway during rush hour requires immediate coordination of first responders, traffic management, and medical teams. As a Dispatcher, you are the communication hub, managing information flow and ensuring that responders are directed to the scene efficiently.
● Interactive Training Experience: In this scenario, you’ll receive real-time updates from AI-generated communications, including calls from first responders at the scene, updates from traffic management, and requests from hospitals for patient status. You’ll need to prioritize resources, relay critical information, and ensure that all teams are synchronized in their response efforts.
● Why It’s Better: This training module places you in the middle of a complex, multi-agency response effort, requiring you to manage multiple information streams simultaneously. The AI ensures that the scenario is challenging and realistic, helping you develop the coordination and multitasking skills essential for effective dispatching.
5. Information Analyst Scenario: Data Synthesis and Reporting During a Chemical Spill ● Scenario Overview: A chemical spill in an industrial area has led to conflicting reports from various agencies. As an Information Analyst, your task is to gather, verify, and synthesize data from multiple sources to provide an accurate report to the Emergency Operations Center (EOC). ● Interactive Training Experience: You’ll receive a series of AI-generated emails, texts, and calls containing raw data, eyewitness accounts, and reports from different agencies. The simulation requires you to analyze this information, identify discrepancies, and compile a clear and concise report for EOC decision-makers. The AI introduces challenges such as missing information or conflicting reports to test your analytical skills.
● Why It’s Better: Traditional training often lacks the complexity of real-world data analysis. This scenario immerses you in the intricate process of data synthesis during a crisis, helping you develop the critical thinking and attention to detail needed to provide accurate and actionable intelligence.
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Additional Scenario-Based Training Situations for Emergency Management Roles
1. Winter Storm Response for Call Center Operators
2. Wildfire Evacuation Coordination for Emergency Management Assistants
3. Hazardous Material Transportation Accident for Incident Reporting Officers
4. Earthquake Recovery Operations for Logistics Coordinators
5. Heatwave Public Health Alerts for Communications Specialists
6. Dam Failure and Flooding Response for Resource Allocation Staff
7. Severe Thunderstorm Response for Alert Technicians
8. Radiological Incident Communication for Public Information Assistants
9. Utility Failure Crisis Management for EOC Technicians
10. Mass Casualty Incident Management for Field Coordinators
11. Pipeline Explosion Response for Operations Support Staff
12. School Lockdown Procedures for Security Analysts
13. Public Demonstration and Unrest for Crisis Communication Specialists
14. Terrorist Threat Management for Call Dispatchers
15. Animal Disease Outbreak for Agricultural Emergency Planners
16. Tsunami Evacuation Planning for Coastal Area Managers
17. Water Contamination Incident for Environmental Health Officers
18. Supply Chain Disruption for Resource Managers
19. Bridge Collapse Response for Structural Engineers
20. Cybersecurity Breach in Public Infrastructure for IT Support Staff
21. Railway Incident for Transport Coordinators
22. Oil Spill Clean-Up Coordination for Environmental Response Technicians
23. Landslide Emergency Response for Geotechnical Analysts
24. Infectious Disease Containment for Health Emergency Support Staff
25. Airport Incident Response for Aviation Safety Officers
26. Industrial Explosion Coordination for Safety Officers
27. Pandemic Vaccine Distribution for Health Logistics Staff
28. Maritime Incident Response for Port Authorities
29. Mass Evacuation During Urban Fire for Urban Planning Assistants
30. Public Shelter Management for Shelter Operations Staff
31. Active Shooter Incident in a Mall for Security Coordinators
32. Forest Fire Containment for Forestry Technicians
33. Explosion at a Power Plant for Energy Sector Analysts
34. Nuclear Facility Incident for Radiation Safety Monitors
35. Evacuation Center Setup for Community Service Workers
36. Mass Transit Disruption for Public Transportation Coordinators
37. Tornado Response in Rural Areas for Rural Emergency Planners
38. Chemical Plant Leak for Hazardous Materials Technicians
39. Military Base Emergency for Defense Infrastructure Support
40. Large-Scale Data Breach for Cybersecurity Analysts
41. Gas Line Explosion for Utility Management Staff
42. Flash Flooding in Urban Centers for Flood Risk Analysts
43. Highway Hazmat Incident for Traffic Management Coordinators
44. Building Collapse After Earthquake for Urban Search and Rescue Teams
45. Toxic Gas Release for Environmental Monitoring Staff HQE Systems | A Veteran Owned Technology Company Providing Lifesaving & Security Solutions 8 269
Interactive Training Services
46. Remote Area Search and Rescue for Wilderness Coordinators
47. Prison Riot Response for Correctional Facility Staff
48. Foodborne Illness Outbreak for Public Health Analysts
49. Hurricane Aftermath Recovery for Damage Assessment Teams
50. Severe Infrastructure Damage for Engineering Support Staff
51. Evacuation Order Management for Public Alert Technicians
52. High-Rise Building Fire for Urban Firefighters
53. Public Transport Accident for Emergency Medical Coordinators
54. Earthquake Tsunami Coordination for Coastal Area Response Teams
55. Forest Conservation Area Fire for Environmental Protection Officers
56. And much more!
These scenarios provide a broad range of training opportunities that are specific to various roles in emergency management. They help ensure that all team members, regardless of their position, are well-prepared to handle likely and probable situations they may encounter in their professional duties.
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Public Outreach Services
HQE Systems: Professional Public Outreach Services
Service Overview:
Effective communication is essential for successful emergency management. HQE Systems offers various outreach services to engage internal staff and the public, ensuring that everyone understands their role in an emergency and is prepared to respond appropriately. Our tailored outreach strategies enhance both internal preparedness and community safety, building trust and transparency between your organization and the people you serve.
Outreach Focus
1. Public Outreach
● Service: HQE Systems develops and executes public education campaigns and engagement strategies to raise awareness about emergency management programs, alert systems, and safety protocols. These campaigns educate the community on responding effectively during emergencies, thereby improving overall public safety and resilience. ● Why It’s Valuable: Educating the public on emergency response procedures is critical to reducing panic and ensuring that people act appropriately when alerts are issued. Our public outreach services enhance community resilience by providing clear, consistent messaging that helps the public understand their role in maintaining safety during a crisis.
2. Internal Outreach
● Service: HQE Systems provides targeted training and communication strategies for internal staff.
This service ensures that all staff members are informed about emergency protocols, alert systems, and their specific roles during a crisis. By delivering clear and consistent information, we help your team stay prepared and ready to execute their duties effectively in an emergency. ● Why It’s Valuable: Internal preparedness is key to a coordinated emergency response. By ensuring that all staff members are well-informed and confident in their roles, our internal outreach services help your organization respond more efficiently to emergencies. This proactive approach reduces confusion and enhances overall operational effectiveness during critical incidents.
Why This Service is Valuable:
● Community Safety: Our public outreach services educate the community on how to respond to alerts, significantly improving overall safety and resilience. Clear communication before, during, and after emergencies ensures that the public is well-prepared and can act decisively when needed.
● Internal Preparedness: By equipping staff with the knowledge and tools they need, our internal outreach services ensure that your team is always ready to execute their roles effectively during an emergency. This not only improves response times but also enhances the overall coordination of your emergency management efforts.
● Trust and Transparency: Consistent and clear communication fosters stronger relationships between your emergency management team and the communities you serve. By building trust HQE Systems | A Veteran Owned Technology Company Providing Lifesaving & Security Solutions 1 271
Public Outreach Services
and transparency, HQE’s outreach services help ensure that your organization is viewed as a reliable and credible source of information during crises.
Pricing:
● Outreach One-Time Package: $19,500
○ Branded Outreach Marketing Assets 60 seconds explainer video for outdoor warning sirens Outdoor warning sirens one sheet information document Monthly outdoor warning sirens testing notice template
○ Social Media Outreach
■ Up to 12 Unified Mass Notification Systems testing social posts ■ 12, Social Posts Written content Graphical content For 3 social media platforms:
FB, X, IG
■ Professional responses and explanations to “Social Media Posts” by resident on the 12 posts created and posted. This ensures that the City has HQE’s team responding to potential technical questions online from local residents if not answered, may create a negative sentiment amongst the community. ○ Blogs Up to 4 blogs (2,000 words or more) Focused on education about outdoor warning sirens
● Outreach Professional Service Subscription:
○ Outreach Professional Service Subscription Marketing services to include:
■ Design, development, and on-demand support for outreach communications. ■ Create branded videos
■ Create branded graphics assets
■ Draft outreach content (social media, blogs, press releases, white papers, case studies, etc.)
■ Webinar - Certified Mass Notification Engineers to support meetings and outreach sessions
■ On-site - Certified Mass Notification Engineers to support meetings and outreach sessions* (see below for added cost)
■ Optional On-Site Outreach Support:
● Outreach Manager (within 60 miles):
○ 1 Day On-Site (Up to 8 Hours) – $1,650 (labor and travel included)
● Outreach Manager (Air & Ground Travel Required):
○ 1 Day On-Site (Up to 8 Hours) – $3,450
○ 2 Days On-Site (Up to 8 Hours per Day) – $4,940
○ Subscription Packages:
■ 100 Hours/Year: $1,500 per Month (remote service)
■ 200 Hours/Year: $2,550 per Month (remote service)
■ 400 Hours/Year: $4,455 per Month (remote service)
By choosing HQE Systems for your outreach needs, you invest in a safer, more informed, and resilient community. Our services ensure that your emergency management messages are clear, consistent, and effectively communicated, helping to protect lives and property during critical times.
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Document Development Services
HQE Systems: Professional Document Development Services Service Overview: HQE Systems offers comprehensive professional services designed to assist your organization in developing and refining critical emergency management documentation. Our team of certified emergency management professionals provides expert guidance and support, ensuring that your plans are not only thorough and up-to-date but also fully compliant with FEMA guidelines. By partnering with HQE, you can save valuable time and ensure that your organization meets all regulatory requirements, enhancing your operational readiness and resilience.
Documentation Support Services:
1. Emergency Operations Plan (EOP) Refinement
● Service Description: HQE Systems provides a detailed review and enhancement of your existing Emergency Operations Plan (EOP). Our experts align your plan with the latest FEMA CPG 101 and NIMS standards, ensuring it meets all regulatory requirements and effectively addresses your organization’s needs.
● Value Proposition: This service is crucial for keeping your EOP relevant and effective as regulations and risks evolve. Regular updates and refinements enhance your organization's ability to respond to emergencies, ensuring that your plan reflects current best practices and lessons learned. With HQE’s professional assistance, your EOP will remain a robust and actionable document that supports your overall emergency management strategy. ● Pricing: $21,500 (Estimated 2 months)
2. Emergency Operations Plan (EOP) Full Development
● Service Description: For organizations needing to develop a new or completely overhauled EOP, HQE Systems offers a comprehensive development service. From the initial planning to final approval, our team works closely with your organization to create a customized EOP that addresses all hazards and integrates input from key stakeholders. ● Value Proposition: A well-crafted EOP is the foundation of your emergency management efforts.
HQE’s certified professionals ensure that your plan is not only compliant with FEMA guidelines but also specifically tailored to your operational environment, risks, and resources. This proactive approach minimizes operational gaps and strengthens your organization’s overall resilience.
● Pricing: $62,500 (Estimated 4 months)
3. GIS Mapping Services
● Service Description: Geographic Information System (GIS) mapping is a powerful tool for visualizing risks, resources, and response strategies. HQE Systems provides GIS map development and refinement services that are fully integrated into your emergency operations.
Our maps are tailored to meet the specific needs of your jurisdiction, ensuring they are accurate, up-to-date, and actionable.
● Value Proposition: GIS maps are critical for effective emergency response, providing clear visual data that supports decision-making and resource allocation. HQE’s professional services ensure HQE Systems | A Veteran Owned Technology Company Providing Lifesaving & Security Solutions 1 273
Document Development Services
that your maps are precise and functional, enabling your team to quickly assess situations and coordinate responses efficiently.
● Pricing: $84,500 (Estimated 2-3 months depending on the complexity of the project)
4. Alert & Warning Templates Development
● Service Description: Effective communication during emergencies is essential. HQE Systems develops standardized alert and warning templates customized to your organization’s communication needs. These templates ensure your alerts are clear, consistent, and compliant with all regulatory requirements.
● Value Proposition: Pre-designed templates streamline the alerting process, reducing the time needed to craft messages during an emergency. This ensures that your communications are timely and accurate and reach the intended audience quickly, thereby enhancing public safety and operational efficiency.
○ This package provides teh following benefits
■ Up to 30 customized written templates
■ Up to 10 professionally recorded voice messages
● Pricing: $9,890 (Estimated 1 Month)
Why Choose HQE Systems for Documentation Support?
● Regulatory Compliance: HQE ensures that all documentation will be refined or developed within the FEMA standards and other relevant regulations, significantly reducing the risk of non-compliance.
● Customization: Our services are tailored to meet the specific needs and challenges of your organization, ensuring that your documentation is relevant, actionable, and fully integrated into your emergency management framework.
● Operational Efficiency: By ensuring that all plans and resources are well-documented, easily accessible, and up-to-date, HQE’s services enhance your organization’s ability to respond effectively to emergencies.
The Value of HQE’s Professional Services:
Partnering with HQE Systems means you’re investing in the foundational tools that empower your team to manage emergencies with confidence and clarity. Our certified professionals bring decades of experience to ensure that your documentation not only meets regulatory standards but also strengthens your overall emergency preparedness. Save time, enhance compliance, and ensure your organization is always ready for the unexpected with HQE’s professional documentation support services.
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Agenda Item No.: 14.B
Mtg. Date: 08/26/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT:
CONSIDERATION AND POSSIBLE ACTION TO AMEND RESOLUTION
NO. 1304, A REIMBURSEMENT AND EXPENSE POLICY IN
ACCORDANCE WITH GOVERNMENT CODE 53232.2 AND 53232.3
(MAYOR MIRSCH)
DATE: August 26, 2024
BACKGROUND:
At the July 11, 2022 City Council meeting, staff was directed to prepare a policy relating to City Council expenses and bring back an agenda item for discussion. Subsequently, City Attorney Jenkins recalled drafting Resolution 1002 in 2006, ensuring the city complied with the base state law requirements. The City Attorney opined that the Council could not adopt a different/updated resolution that is in violation of the base state law requirements. The City could be more restrictive but not less.
At the August 8, 2022 City Council meeting, the following revisions were approved unanimously with Mayor Black absent:
Motion by Councilmember Pieper, seconded by Councilmember Mirsch, directing staff to prepare a revised resolution simplifying the language to reflect an allocation of $1000.00 in duty-related expenses per councilmember without Council approval provided that each Councilmember submits receipts within 60 days of the event they seek reimbursement for; have the Finance Department re-allocate, via a unique GL Code, $5000.00 specific to Conferences for the Council appointed delegate(s); and the removal of per diem caps as allowable.
At the August 22, 2022 City Council meeting, Item 7F, for adopting Resolution No. 1304, was pulled from the Consent Calendar by Councilmember Dieringer for further discussion. The following motions were subsequently made:
Motion by Mayor Black, seconded by Councilmember Pieper, modifying section 4B to 275
read as “Further, a collective five thousand dollars ($5,000.00) is allocated for travel, meals, lodging and other expenses associated with attendance at eligible conferences for the City Council.” The motion carried with Councilmember Dieringer in opposition and Mayor Pro Tem Wilson absent.
Motion by Councilmember Dieringer to modify section 4B to increase the amount allowable for conference expenses from $5,000 to $6,000. Motion failed for lack of a second.
Motion by Councilmember Dieringer, seconded by Councilmember Pieper, to modify section 5A by removing “Lodging and miles shall be reimbursed pursuant to Government Code 53232.2” and replacing with “Travel, meals, lodging and any other expenses are reimbursable at a reasonable rate that is not lavish or extravagant.” The motion was carried unanimously, with Mayor Pro Tem Wilson absent.
Motion by Councilmember Pieper, seconded by Councilmember Mirsch, to modify section 5B, revising the language to reflect “expense reports within sixty (60) days after the event,” “Proof of payment is required as part of the necessary documentation,” and “all reimbursement requests for each fiscal year must be submitted before July 31 of the following fiscal year in which the expenses were incurred.” The motion was carried unanimously, with Mayor Pro Tem Wilson absent.
Motion by Councilmember Pieper, seconded by Councilmember Mirsch, to approve Item
7. F as altered. The motion was carried unanimously, with Mayor Pro Tem Wilson absent.
The attached Resolution No. 1304 reflects the motion as adopted by the City Council.
DISCUSSION:
At the July 8, 2024 City Council meeting, Mayor Mirsch pulled Item 8D, the Payment of Bills, from the Consent Calendar for discussion later in the meeting regarding City Council expenses, reimbursements, and the existing policy as adopted in 2022. Mayor Mirsch requested that staff return with the policy for potential review by the Council at a future meeting.
FISCAL IMPACT:
The FY24/25 Adopted Budget has $5000 allocated under City Council Expenses, GL Code 01-01-775
As of the writing of this staff report $830.00 in expenses have been incurred for FY24/25:
Councilmember Dieringer - $755.00
Mayor Mirsch - $75.00
RECOMMENDATION:
Provide direction to staff.
ATTACHMENTS:
ResolutionNo1304_AB1234_ReimbursementPolicyUpdate_A_E.pdf 276
277
278
279
280
281
282
Agenda Item No.: 15.A
Mtg. Date: 08/26/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: RECEIVE AND FILE FIRE FUEL ABATEMENT AND CODE
ENFORCEMENT QUARTERLY REPORT FOR THE SECOND QUARTER
OF 2024 (APRIL 1 TO JUNE 30)
DATE: August 26, 2024
BACKGROUND:
Quarterly Fire Fuel Abatement Meeting
On July 25, 2024, a quarterly fire fuel meeting was held to discuss fire fuel issues in Rolling Hills. Representatives from various agencies attended, including the Los Angeles County Fire Department (LACFD), Los Angeles County Department of Agricultural Commissioner/Weights and Measures (LACWM), Palos Verdes Peninsula Land Conservancy (PVPLC), and Southern California Edison (SCE). Each agency is responsible for reducing fire fuel hazards in the city.
LACFD does annual inspections of each developed property, and LACWM inspects vacant properties to ensure proper fire fuel reduction. PVPLC continues to mow areas in the land conservancy south of the City and reported less invasive growth and better native vegetation growth. SCE monitors vegetation growth around its powerlines and sends crews to trim vegetation when necessary. Rolling Hills Community Association (RHCA) was not present at the meeting but is responsible for clearing dead vegetation in street easements and trails.
Code Enforcement Cases
The Code Enforcement Division provides quarterly updates. Cases include dead vegetation and other code violations for the second quarter of 2024. The attachments demonstrate cases that have been opened and closed during the quarter. Also included is a list of cumulative open cases (See Attachments 1, 2, and 3).
DISCUSSION:
During the second quarter of 2024, a total of 9 cases were closed, including 4 dealing with vegetation or dead trees; 12 cases were opened, including 8 involving overgrown vegetation or dead trees. All but 1 of the 8 cases opened this quarter involving overgrown vegetation or dead trees were closed (5 of which were closed in the current quarter). Currently, code enforcement is working on 11 open cases, of which 4 deal with overgrown vegetation or dead trees. Each case is unique, and some require more time than others to resolve. In certain 283
cases in which the owner is nonresponsive and remains out of compliance, cases have been referred to the City Attorney's office.
FISCAL IMPACT:
Code enforcement services is provided contractually, and payment is made from the General Fund.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
ATTACHMENT 1: CE_QRP_2024_Q2_240812_CC_CE_ClosedCases.pdf ATTACHMENT 2: CE_QRP_2024_Q2_240812_CC_CE_OpenedCases.pdf ATTACHMENT 3: CE_QRP_2024_Q2_240812_CC_CE_AllOpenCases.pdf 284
Page: 1 of 1
Case Report – CLOSED CASES
Q2 2024
04/01/2024 - 06/30/2024
Case Date Address of
Violation
Description Main
Status
Case
Closed
5/7/2024 2958 Palos Verdes
Drive N
Dried collected vegetation Closed 5/28/2024
4/23/2024 17 Chuckwagon Rd Garage conversion to bedroom and bathroom -
UNSUBSTANTIATED
Closed 5/2/2024
4/18/2024 17 Chuckwagon Rd Garage conversion to bedroom and bathroom -
UNSUBSTANTIATED
Closed 5/2/2024
3/26/2024 68 Saddleback Rd Dried Vegetation (Fallen Tree) Closed 4/16/2024 2/14/2024 17 Chuckwagon Rd Garage conversion to bedroom and bathroom -
UNSUBSTANTIATED
Closed 5/2/2024
2/13/2024 18 Poppy Trail Broken pipe causing erosion on neighboring property.
Closed 5/28/2024
1/23/2024 2 Spur Lane Tumbleweeds and dead vegetation. Closed 4/16/2024 10/5/2023 5 Outrider Rd Dog on the loose Closed 4/18/2024 6/9/2022 4 Spur Ln. Dead/Dry vegetation Closed 4/30/2024 Total Records: 9 8/6/2024
285
Page: 1 of 1
Case Report – OPENED CASES
Q2 2024
04/01/2024 - 06/30/2024
Case Date Address of Violation Description Main
Status
6/18/2024 2 Chestnut Ln Dead Vegetation on the back side of property (Visible on Morgan Lane)
Closed
6/11/2024 7 Ranchero Rd Overgrown Vegetation and Trash/Debris Closed 6/11/2024 9 Buggy Whip Dr Overgrown Vegetation (Yellow mustard) Closed 6/11/2024 4 Buggy Whip Dr Dead vegetation on fence Closed 6/4/2024 49 Saddleback Rd Overgrown weeds and vegetation Closed 5/28/2024 10 Flying Mane Rd Illegal grading and retaining walls Open 5/7/2024 2958 Palos Verdes Drive N Dried collected vegetation Closed 5/7/2024 1 Roundup Rd Overgrown Vegetation, decayed property, and vermin Closed 4/25/2024 20 Portuguese Bend Rd Dead Tree Open
4/23/2024 17 Chuckwagon Rd Garage conversion to bedroom and bathroom -
UNSUBSTANTIATED
Closed
4/18/2024 17 Chuckwagon Rd Garage conversion to bedroom and bathroom -
UNSUBSTANTIATED
Closed
4/9/2024 8 Quail Ridge Rd N Unpermitted Building Open
Total Records: 12 8/6/2024
286
Page: 1 of 1
Case Report – ALL OPEN CASES
As of 8/6/2024
Case Date Address of
Violation
Description Follow UP Follow Up
Date
Main
Status
5/28/2024 10 Flying Mane Rd Illegal grading and
retaining walls
Message left; follow-up
needed
8/13/2024 Open
4/25/2024 20 Portuguese
Bend Rd
Dead Tree Letter of abatement
being drafted
8/13/2024 Open
4/9/2024 8 Quail Ridge Rd N Unpermitted Building Owner working with staff to obtain proper permits
9/3/2024 Open
2/29/2024 6 Saddleback Rd Debris and other material
improperly stored on site.
CC hearing on 8/12/24 8/12/2024 Open
11/7/2023 16 Buggy Whip Dr 2nd Violation of Trees in
Violation of Conditions of
Approval
Follow-up needed 8/13/2024 Open
11/2/2023 17 Eastfield Dr Unpermitted construction. Property listed for sale; owner still responsible for
correction
8/13/2024 Open
7/13/2023 79 Eastfield Dr Overgrown
vegetation/unfinished
construction
Referred to City Attorney;
vegetation cleared but
construction remains
-- Open
6/22/2023 4 Possum Ridge Rd Unpermitted
work/grading
Planning application
required
8/13/2024 Open
9/22/2022 29 Middleridge Ln
S
Extensive grading and
importing of soil. Dead
shrubs/trees/vegetation
visible from road
Approved by PC; Followup on grading permit-- Open
7/6/2021 1 Chestnut Ln Unpermitted structure
(gazebo)
Approved by PC; Followup with building permit-- Open
11/1/2019 2950 Palos Verdes
Dr N
Red-tagged residence Referred to City Attorney;
property recently sold
-- Open
Total Records: 11 8/6/2024
287
Agenda Item No.: 16.A
Mtg. Date: 08/26/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: CONFERENCE WITH LEGAL COUNSEL: THREATENED LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(2) AND (E)(3)
THE CITY COUNCIL FINDS, BASED ON ADVICE FROM LEGAL
COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION.
NUMBER OF POTENTIAL CASES: (23) (GOVERNMENT CLAIMS ACT
FORM SUBMITTED BY VARIOUS PROPERTY OWNERS IN RANCHO
PALOS VERDES AGAINST THE CITY OF ROLLING HILLS ALLEGING
DAMAGE TO PROPERTY)
DATE: August 26, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
288